U.P.

LAW BOC PROPERTY CIVIL LAW

PROPERTY
CIVIL LAW

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U.P. LAW BOC PROPERTY CIVIL LAW

crops are to be attached in the same

A.
CLASSIFICATION OF manner as realty. [Sec. 7, Rule 59]
PROPERTY
2.
Everything attached to an
immovable in a fixed manner, in such
1. Immovables [Art. 415, CC] a way that it cannot be separated
therefrom without breaking the material
a.
IMMOVABLES BY NATURE: or deterioration of the object.
cannot be moved from place to
Note: Whether attached by the owner
place; their intrinsic qualities have himself or some other person. (e.g.
no utility except in a fixed place. Canals, walls, aqueducts)
[pars. 1 & 8]
3.
Fertilizer actually used on a piece of
1.
Land, buildings, roads, and land
constructions of all kinds adhered to
the soil [415 (1)] c.
IMMOVABLES BY DESTINATION:
essentially movables but by the
Note: When a building is sold to be
purpose for which they have been
demolished immediately, it is
considered a movable [Bicerra v. placed in an immovable, partake of
Teneza, G.R. No. L-16219 (1962)]. the nature of an immovable [Pars.
4, 5, 6 & 9]
Note: A building is immovable whether
erected by the owner of the land or by 1.
Statues, reliefs, paintings etc.
a usufructuary or by a lessee subject to [415 (4)]
provisions of the chattel mortgage law
or the PPSA. Requisites
a.
Placed by the owner or by the
2.
Mines, quarries, and slag dumps, while tenant (as agent);
the matter thereof forms part of the b.
With intention of attaching
bed, and waters either running or them permanently even
stagnant. [415 (8)] if adherence will not involve
breakage or injury.
b.
IMMOVABLES BY c.
Where the improvement or
INCORPORATION: movables but ornaments placed by the
lessee are not to pass to the
are attached to an immovable in such
owner at the expiration of the
a way as to be an integral part [Pars. lease, they remain movables
2, 3, & 7] for chattel mortgage purposes.
[Davao Sawmill v. Castillo,
1.
Trees and plants and growing fruits: G.R. No. L-40411 (1935)]
only immovables when they are
attached to the land or form an 2.
Machinery, receptacles,
integral part of an immovable. instruments or implements
INTENDED by the OWNER of the
Note: By special treatment of Act 1508 tenement which tend directly to
(Chattel Mortgage Law), growing crops meet the needs of the said industry
may be subject of a Chattel Mortgage. or works [415 (5)] (e.g. Sewing
For the purpose of attachment: growing

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machines owned by the owner of a Note: Vessels are considered as

garment factory) movables, although they partake the
nature of real property, in view of its
Requisites importance in the world of commerce
[Rubiso v. Rivera, G.R. No. L-11407
a.
Must be machinery, receptacles, (1917)].)
instruments, or implements
b.
Placed by the owner or the tenant
d.
BY ANALOGY [Par. 10]: Contracts
(as agent);
c.
The machine, receptacle, for public works, servitudes, other
instrument, implement must also real rights over immovable
be essential to the business (tend property e.g. usufruct and lease of
directly to meet the needs of real property for a period of 1 year,
industry or work) in order to be and registered.
considered realty. [Mindanao Bus
Co. v City Assessor, G.R. No. L-
17870 (1962)]
2. Movables [Art. 416, 417, CC]
a.
Everything not included in Art. 415
Examples: Gasoline station
(by exclusion);
equipment and machinery, for
b.
All things that can be transported
without them, the gas station would
from one place to another without
be useless [Caltex Phils. v. Central
substantial injury to the immovable to
Board of Assessment Appeals, 114
which it is attached (by description)
SCRA 296]; machines for
chocolate-making industry [Serg
Unless expressly included in Art. 415
Product, Inc v. PCI Leasing and
(Test by Exclusion is Superior)
Finance Inc., 338 SCRA 499];
c.
Real property which by any special
sawmill machineries in a sawmill
provision of law is considered as a
company [Ago v. Court of Appeals,
movable
6 SCRA 1962].
d.
FORCES OF NATURE brought under
the control of science (e.g. electricity,
Note: The moment they are separated,
gas, heat, oxygen)
(from the immovable or from the
e.
OBLIGATIONS AND ACTIONS which
industry or work in which they are
have for their object movables or
utilized) they revert to being movables.
demandable sums (i.e. any credit)
f.
SHARES OF STOCK of agricultural,
3.
Animal houses, etc. [415 (6)]
commercial and industrial entities,
although they may have real estate
Requisites
(e.g. stock certificates of a corporation)
a.
Placed by the owner or the
tenant (as agent);
g.
OTHER MOVABLES:
b.
With the intention of permanent
1.
Cultural properties under R.A.
attachment;
9846 as amended by P.D. 374, like
c.
Forming a permanent part of
old buildings, shrines, documents
the immovable.
considered antiques, relics, or
artifacts etc.
4.
Docks and structures which, though
2.
A concession granted to a private
floating, are intended by their nature
person with the right of usufruct in
and object to remain at a fixed place on
a building erected on a lot
a river, lake, or coast (need not be
belonging to the municipality is a
placed by owner of land) [415 (9)]
personal property [Tufexis v.

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Olaguera and Municipal Council of

Guinobatan, 32 Phil. 654] E incumbit probatio qui dicit, non qui negat:
“He who asserts, not he who denies, must
prove.”
B.
OWNERSHIP Accion Publiciana
An action for the recovery of real right of
RIGHTS OF AN OWNER IN GENERAL possession of real property (possession de
1.
Jus Possidendi – the right to possess jure).
2.
Jus Fruendi – the right to enjoy the fruits
(natural, industrial, and civil) Note: Actions for ejectment not filed within one
3.
Jus Utendi – the right to use and enjoy year must be filed as accion publiciana.
4.
Jus Acessiones – the right to accessories
5.
Jus Abutendi – the right to abuse or to Accion Interdictal - Action for Ejectment
consume A summary action for recovery of actual,
6.
Jus Disponendi – the right to dispose material or de facto physical possession
through an action for forcible entry or unlawful
SUMMARY OF LIMITATIONS ON OWNER detainer. It must be filed in the MTC or MeTC.
3.
Imposed by the state – Eminent domain,
taxation, and police power Unlawful
Forcible Entry
4.
Imposed by the owner himself Detainer
5.
Other limitations like nuisance, easements, Possessor refused
state of necessity, mortgages, and other Lawful possessor to vacate upon
security arrangements deprived through demand by owner
6.
Cannot make use of the thing in such FISTS:
manner as to injure the rights of a third Note: Legal
person [Art. 431, CC] 
Force possession (by
7.
Doctrine of state of necessity [Art. 432, CC] 
Intimidation permission/

Strategy tolerance)

Threats, and becomes unlawful
1.
Bundle of rights 
Stealth upon failure to
vacate
a.
Actions to recover ownership and Period to Bring Action:
possession of real property and its 1 year from Period to Bring
distinctions dispossession (force, Action: 1 year
intimidation, threats) or from last demand
Accion Reivindicatoria from knowledge of to vacate.
•
An action to recover ownership of and dispossession
dominion over real property. It includes, but (strategy, stealth)
is not limited to, possession.
•
It must be filed in the RTC or the MTC, b.
Actions for recovery of possession
depending on the assessed value (RTC, if of movable property
the value is more than P20,000 and is
outside Metro Manila; or the property is Replevin For manual delivery of movable
within Metro Manila and its assessed value property, for either ownership or possession
exceeds P50,000. If the aforementioned
conditions are not met, then at the MTC.).

Requisites [Art. 434, CC]

a.
Property must be identified; and
b.
Plaintiff must rely on the strength of his title

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2.
Distinction between real and 3.
Modes of Acquiring

personal rights Ownership
a.
Real rights See Section J. Modes of Acquiring Ownership.

Rights that confer upon its holder an

autonomous power to derive directly from a 4.
Limitations of Ownership
thing certain economic advantages
independently of whoever the possessor of the a.
General Limitations
thing.
1.
Taxation
In real rights, (1) there is a definite subject who 2.
Eminent domain
has a right against persons as an indefinite 3.
Police power
passive subject, (2) directed against the whole
world, (3) the object is a corporeal thing in most b.
Specific Limitations
instances, and (4) it is extinguished by
destruction or loss of the thing. 1.
Legal Servitudes [Arts. 2191, 677-679,
670, 644, 666, 684-687, 676, 649, 637,
The number of real rights is an open 652, CC]
classification: Once requisites are satisfied, the servient
a.
Ownership owner may ask the Court to declare the
b.
Real right of Possession existence of an easement. (e.g. Easement
c.
Usufruct of Right of Way, Easement of Light and
d.
Easement View etc.)
e.
Recorded lease
f.
Real Estate Mortgage 2.
Must not injure the rights of a third
g.
Chattel Mortgage person (Sic Utere Tuo Ut Alienum Non
h.
Pledge Laedas) [Art. 431, CC]
i.
Antichresis
j.
Retention 3.
Actions in a State of Necessity
k.
Pre-emption The owner of a thing has no right to prohibit
l.
Redemption the interference of another with the same,
m.
Stewardship if the interference is necessary to avert an
n.
Certificate of Ancestral Domain Title; imminent danger and the threatened
Certificate of Ancestral Domain Claims in damage, compared to the damage arising
the IPRA Law to the owner from the interference, is much
greater. The owner may demand from the
b.
Personal rights person benefited, indemnity for the
damage to him. [Art. 432, CC]
Rights of a person to demand from another as
a definite passive subject, the fulfillment of a 4.
Nuisance
prestation to give, to do or not to do. A nuisance is any act, omission,
establishment, business, condition of
property, or anything else which: (1) injures
or endangers the health or safety of others;
(2) annoys or offends the senses; (3)
shocks, defies or disregards decency or
morality; (4) obstructs or interferes with the
free passage of any public highway or
street, or any body of water; or (5) hinders

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or impairs the use of property. [Art. 694, 2.
Rules of accession

CC]
a.
FOR IMMOVABLES
5.
Limitations imposed by the owner
himself (e.g. voluntary easements)
i.
ACCESSION DISCRETA
Valid, provided they are not contrary to law.
To the owner belongs:

The natural fruits;
6.
Limitations imposed by the party

The industrial fruits;
transmitting the property either by the

The Civil fruits. [Art. 441, CC]
contract or will (e.g. onerous donations or
easement constituted when dividing one
General Rule and Exceptions
property)
General Rule: To the owner of the principal
belongs the natural, industrial, and civil fruits.

C.
ACCESSION Exceptions:
•
Possession in good faith: the possessor
is entitled to the fruits received before the
Accession – the right by virtue of which the possession is legally interrupted [Art. 526,
owner of a thing becomes the owner of CC]
everything that is produced thereby, or which is •
Usufruct, fruits belong to the usufructuary.
incorporated or attached thereto, either [Art. 556, CC]
naturally or artificially. [Art. 440, CC] •
Lease, fruits belong to the lessee in civil
law lease of agricultural land; lessor gets
Not a mode of acquiring property; it does not rentals as civil fruits
depend upon a new title. •
Antichresis [Art. 2132, CC]

1.
Right to hidden treasure Kinds of fruits

1.
Natural – spontaneous products of the soil
Definition: Any hidden and unknown deposit and the young, and other products of
of money, jewelry, or other precious objects, animals. [Art. 442(1), CC]
the lawful ownership of which does not appear.
[Art. 439, CC] Partus sequitur ventrem: To the owner of
female animals would also belong the
General Rule: Belongs to the owner of the young of such animals although this cannot
land, building, or other property on which it is apply when the owner mixes his cattle with
found. [Art. 438, CC] those of another and they interbreed, thus
co-ownership is applied. [Siari Valley
Exceptions Estate v. Lucasan, G.R. No. L-13281
•
If discovery made on property of (1960)].
another, the State, or any of its 2.
Industrial – Fruits produced by the lands
subdivisions AND by chance: one-half of any kind through cultivation of labor [Art.
shall be allowed to the finder 442 (2), CC]
•
If finder is a trespasser: he shall not be 3.
Civil – Rents of buildings, price of leases
entitled to any of lands and other property and the amount
•
If the things found be of interest to of perpetual or life annuities or other similar
science or the arts: State may acquire income [Art. 442 (3), CC]
them at their just price, which shall be
divided in conformity with rule stated

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Principles Applicable to Accession Discreta Presumptions


Time of Accrual depending on kind: •
All works, sowing and planting are

Annuals: from the time seedlings presumed made by the owner and at his
appear on the ground. expense, unless the contrary is proved.

Perennials: from the time fruits [Art. 446, CC]
actually appear on the plants. 
The incorporation must be done in such a

Young of animals: from the time they manner that to separate the principal from
are in the womb, although unborn – the accessory would result in injury to both
beginning of maximum ordinary principal and accessory.
period of gestation. 
The party in bad faith is always liable for
!
Fowls: from the time of incubation. damages.

Pay expenses to third person possessor in 
When both parties are in bad faith, they are
good faith - He who receives the fruits has considered to be in good faith.
the obligation to pay the expenses incurred 
The owner of the principal thing owns the
by a third person in the production, natural, industrial and civil fruits, except
gathering and preservation of the fruits. when the following persons exist:
[Art. 443, CC] a.
Possessor in Good Faith

Exception: Owner does not have to b.
Usufructuary
pay if land is recovered before c.
Lessee
gathering from a possessor in bad d.
Antichretic creditor
faith.

But if owner recovers land from Bad Faith
possessor in bad faith, he may choose On the part of the landowner
to acquire the land and he can make Whenever the building, planting or sowing was
the possessor, builder, planter, sower done with his knowledge and without
account for the fruits that have been opposition on his part. [Art. 453(2), CC]
gathered, with the obligation to deduct
the expenses for producing, On the part of the owner of materials
harvesting and preservation of the Allows the use of his materials without protest.
fruits.
On the part of the builder, planter and sower
ii.
ACCESSION CONTINUA One who has knowledge of any flaw or defect
in his title or mode of acquisition [Art. 526, CC]
Right pertaining to the owner of a thing over
everything that is incorporated or attached He is a possessor in bad faith at the time of
thereto either naturally or artificially (by BPS if he knows that:
external forces). [Art. 440, CC] a.
He does not have title to the land, and
thus, has no right to build thereon; or
ARTIFICIALLY/INDUSTRIALLY b.
He has no permission to build, plant, or
INCORPORATED [Arts. 445-456, CC] sow on the land which he possesses
Building, planting or sowing on land owned by but does not own.
another (over immovables).
Note: Bad faith leads to liability for damages
General rule: Whatever is built, planted or and the loss of the works or the improvement
sown on the land of another and the without right to indemnity. [Art. 449, CC]
improvements or repairs made thereon, belong
to the owner of the land, subject to the rules on If both parties are in bad faith, then treat
BPS. [Art. 445, CC] them as if they are both in good faith. [Art.
453(1), CC]

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Rules (see end of Section for Summary of Rights:

Rules) a.
Absolute right of removal
1.
Case where the landowner differs + Right to indemnification
from the owner of materials [Art. for damages; OR
447, CC] OM in GF
b.
Right to reimbursement
for the value of materials +
Situation #1: Both the landowner (LO) and Right to indemnification
the owner of materials (OM) are in GF for damages.
Rights: Shall own what is built,
planted, sown Situation #4: LO in GF, while OM in BF
(materials/improvements). Rights:
[Accessio cedit principali] a.
Right to acquire the
LO in GF improvements without
Liabilities: shall pay for the paying indemnity.
value of the materials (no one LO in GF
b.
Right to acquire indemnity
shall be unjustly enriched at for damages if there are
the expense of another) hidden defects known to
Rights: OM.
a.
Limited right of removal Lose materials without right to
(can only be resorted to if OM in BF indemnity (no right of
no injury can be inflicted removal).
OM in GF
on the work constructed);
or 2.
Cases where one builds, plants, or
b.
Right to reimbursement sows on land owned by another
for the value of materials. (BPS v. LO) [Arts. 448-454, CC]

Situation #2: Both the LO and OM are in BF Situation #1: BPS in GF [Art. 448, CC]
Options:
Parties will be treated as a.
Acquire improvements
Both LO and though both acted in GF. after paying BPS for their
OM in BF [Art. 453, CC] value; or
b.
Oblige the one who built
Situation #3: LO in BF, while OM in GF Landowner or planted to pay the price
[Art. 446, of the land unless its
Rights: To own what is built,
CC] value is considerably
planted, sown
more than that of the
(materials/improvements).
Note: building or trees, and the
Option is one who sowed, the
Liabilities: shall pay for the
given proper rent.
LO in BF value of the materials, as well
solely to c.
If the value is
as pay OM indemnity for
LO, GF of considerably more, then
damages.
BPS is the court can force the
immaterial parties to enter into a
Note: Subject to OM’s
forced lease. [Art. 448,
absolute right of removal.
CC]

Note: The difference between

a BUILDER and a SOWER.

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Generally, has right to Rights:

reimbursement for the a.
Absolute right of removal
improvement. + Right to indemnification

Pending LO’s payment, for damages; OR
has right to retention of BPS in GF
b.
Right to reimbursement
the land (during this for the value of materials +
period, BPS is not Right to indemnification
required to pay rent). for damages.

Whatever fruits (rents) he
receives during the period
BPS in GF Situation #4: LO in GF, while BPS in BF
of retention must be
[Arts. 449-451, CC]
deducted from whatever
indemnity is due to him; Right to collect damages in
and in case it exceeds the any case AND option to:
value of the indemnity, the a.
Acquire improvements
excess shall be returned without paying indemnity if
to the owner of the land. the improvements are still
[de Leon, citing Mendoza standing on the land;
v. De Guzman, G.R. No. b.
Sell the land to BP or
L-28721 (1928)] collect rent from the sower
unless value of the
improvements in which
Note: Landowner can be forced to choose
under pain of direct contempt, or court can LO in GF case there will be a forced
lease; or
choose for him.
c.
Order demolition of
improvements or
Note: In every case, the BPS is entitled to
restoration of land to its
reimbursement of necessary expenses for the
former condition at the
preservation of the land. [Art. 452, CC]
expense of the BPS.
Situation #2: Both the LO and BPS are in BF
Landowner must STILL pay
Parties will be treated as for necessary expenses for
Both LO preservation.
though both acted in GF, so
and BPS in a.
Pay damages to
apply Art. 446. [Art. 453, CC]
BF landowner.
b.
Lose materials without
Situation #3: LO in BF, while BPS in GF right to indemnity.
a.
Must indemnify BPS for BPS in BF c.
No right to refuse to buy
the improvements AND the land.
pay damages as if he d.
Recover necessary
himself did the BPS. expenses for preservation
LO in BF b.
Has no option to sell the of land.
land and cannot compel
BPS to buy the land 3.
Case where LO, BPS, and OM are
without the latter’s different persons [Art. 455, CC]
consent.
Note: If there are 3 parties in BPS, solve the
problem by considering the options open to the
landowner vis-à-vis BPS depending on their
good faith or bad faith; apply Art. 455 re: one
who acted in good faith. Art. 455 shall not apply

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if the owner makes use of the right granted by NATURALLY INCORPORATED [Arts. 457-
Art. 450. 465, CC]

GENERAL RULES [de Leon] a.
Alluvium [Art. 457, CC]


OM in GF entitled to reimbursement for the
value of the materials used (regardless of Soil is gradually deposited on banks adjoining
the GF or BF of the LO and/or the BPS). the river.

PRIMARILY, from the BPS. If the BPS be Requisites [GAC – Gradual, Adjacent,
insolvent, then the LO shall be subsidiarily Currents]
liable to the OM. [Art. 455(1), CC] 1.
Deposit of soil or sediment is gradual and
imperceptible;
Requisites for the LO’s subsidiary 2.
As a result of the action of the currents of
liability the waters of the river and should have no
•
The OM acted in GF; human intervention;
•
BPS is insolvent; and 3.
Land where the accretion takes place is
•
The LO appropriates the accession to adjacent to the banks of the rivers
himself. (RIPARIAN LAND); and
4.
Deemed to Exist: When the deposit of the

The BPS who has paid the OM may seek sediment has reached a level higher than
reimbursement from the LO (value of the highest level of the water during the
materials + labor). [Art. 455(2), CC] year, i.e. higher than the riverbank.
[Meneses v. CA, G.R. No. 82220 (1995)]
Requisites
•
The BPS acted in GF; and Effect: The riparian owner automatically owns
•
The LO appropriates the improvement the alluvion but it does not automatically
to himself. become registered property in his name.
[Grande v. CA, G.R. No. L-17652 (1962)]

if only the OM is in BF, he loses his
materials, as well as his right to indemnity. Rationale: To compensate the owners of the
He also becomes liable for damages. [Arts. land from forces of nature and to encourage
449, 451, CC] riparian owners to cultivate and enrich the land.


If only the BPS acted in BF, he becomes Exception: Deposits due to human action or
liable to the OM for the value of the intervention and abrupt or unanticipated
materials + damages. Should he become flooding brought about by extreme weather
insolvent, the LO shall pay for the value of conditions.
the materials but he will not be liable for
damages. Additionally, he shall still be Note: Action of the sea over the estate because
liable to the LO. [Arts. 450-451, CC] of the tide and which results to a strip of land
becomes foreshore land and passes to the

If only the LO acted in GF, he can exercise realm of the public domain. [Republic v. Court
any of his options under Arts. 449 and 450, of Appeals, 281 SCRA 639]
both having an additional right to ask for
damages [Art. 451, CC]. He shall also not b.
Avulsion [Art. 459, CC]
be subsidiarily liable to the OM.
A known portion of land is segregated from one

If ALL acted in BF, they shall be treated as estate by the forceful current of a river, creek
though all of them acted in GF. [Art. 453, or torrent and transferred to another.
CC]

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Requisites: [ACFI – Abrupt, caused by Current bed (the old property of the owner) [Art.
or other Forces of nature, Identifiable] 461, CC]
1.
Segregation and transfer of land is sudden c.
The new bed opened by the river on a
and abrupt; private estate shall become of public
2.
Caused by the current of the river, creek or dominion. [Art. 462, CC]
torrent; and
3.
The portion of land transported must be Exceptions:
known and identifiable; or a.
Where the river simply dries up, the
abandoned riverbed belongs to the State
Effect: The ownership of the detached because there are no persons whose lands
property is retained by the owner provided that are occupied by the waters of the river. It is
he removes the same within 2 years from the still public dominion.
detachment. [Art. 459, CC] b.
Where the government reverts back the
course of the river, there is no
c.
Uprooted Trees [Art. 460, CC] compensation.

In case of uprooted trees, the owner retains Note: Sec. 58 of the Water Code (PD 1067)
ownership if he makes a claim within 6 months. provides that when a river or stream suddenly
This refers only to uprooted trees and does not changes its course to traverse private lands,
include trees which remain planted on a known the owners of the affected lands may not
portion of land carried by the force of the compel the government to restore the river to
waters. In this latter case, the trees are its former river bed, nor can they restrain the
regarded as accessions of the land through government from taking steps to revert the river
gradual changes in the course of adjoining or stream to its former course. The owners of
stream. [Payatas v. Tuazon, G.R. No. L-30067 the land thus affected are not entitled to
(1929)] compensation for any damage sustained
thereby. However, the former owners of the
d.
Change Of Course Of River [Arts. 461- new bed shall be the owners of the abandoned
462, CC] bed in proportion to the area lost by it.

Requisites: e.
Division of River into Branches [Art.

1.
Change in the natural course of the waters 463, CC]
of the river;
2.
Such change causes the abandonment of Whenever the current of a river divides itself
the riverbeds; into branches, leaving a piece of land or part
“Natural Bed”: ground covered by its thereof isolated, the owner of the land retains
waters during the highest floods. [Binalay his ownership and there is no accession. He
v. Manalo, G.R. No. 92161 (1991)] also retains it if a portion of land is separated
3.
Such change is sudden or abrupt; and from the estate by the current.
4.
Change is permanent.
f.
Formation of Islands [Arts. 464-465, CC]
Effects
a.
Owners whose lands are occupied by the They belong to the State if [Art. 464]:
new course of the river automatically (ipso a.
Formed on the seas within the jurisdiction
facto) become owners of the old bed, in of the Philippines;
proportion to the area they lost [Art. 461, b.
Formed on lakes; or
CC] c.
Formed on navigable or floatable rivers:
b.
Owners of the lands adjoining the old bed •
Capable of affording a channel or
are given the right to acquire the same by passage for ships and vessels;
paying the value of the land. Not exceeding
the value of the land invaded by the new

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•
Must be sufficient not only to float 1.
Adjunction

bancas and light boats, but also bigger
watercraft; Process by virtue of which 2 movable things
•
Deep enough to allow unobstructed belonging to different owners are united in such
movements of ships and vessels. a way that they form a single object.

Test of whether river is navigable: Whether it Requisites

can be used as a highway of commerce, trade 1.
There are 2 movables belonging to 2
and travel. different owners;
2.
They are united in such a way that they
They belong to the private owner of the form single object; and
separated land if [Art. 463]: 3.
They are so inseparable that their
The island is formed in a place not mentioned separation would impair their nature or
in Art. 464. result in substantial injury to either
component.
Note: There is no accession when islands are
formed by the branching of a river; the owner Kinds
retains ownership of the isolated piece of land. a.
Inclusion (engraftment)
b.
Soldering (adjoining two or more metals)
They belong to the owners of the nearest c.
Ferruminatio (same metals)
margins or banks if [Art. 465]: d.
Plumbatura (different metals)
a.
Formed through successive accumulation e.
Escritura (writing)
of alluvial deposits; and f.
Pintura (painting)
b.
On non-navigable and non-floatable rivers. g.
Weaving

Note: If island is in the middle of the river, divide 2.
Ownership of New Object
longitudinally in half. If nearer to one margin or Formed by Adjunction
bank, to the nearer riparian owner.
Owner of Principal Object
Note: If a landowner allows the sea or a lake to Good Faith: Acquires the thing but with the duty
eat up his land completely, it is a case of to indemnify the owner of the accessory [Article
natural expropriation and if the land later 466].
reappears, he does not regain ownership
thereof. [Republic v. Cabangis, G.R. No. L- Owner of Accessory
28379 (1929)] Good Faith: Has a right to demand separation
even though there may be damage if the
b.
FOR MOVABLES accessory is more valuable.

i.
Conjunction/Adjunction If Owner of Principal Object in Bad Faith

[Arts. 466-471, 475, CC] Demand value of the accessory plus damages,
OR Demand separation even if the principal
Definition: There is adjunction or conjunction will be destroyed plus damages [par. 2,
when 2 movables belonging to different owners Art.470]
are attached to each other such that separation
is without injury. If Owner of Accessory in Bad Faith
Loses the thing plus is liable for damages
General Rule: Accession only exists only if [Article 470]If both are in bad faith, treat as if
separation is not feasible. Otherwise, both are in good faith [Article 453 by analogy].
separation may be demanded (Civil Code Art
469)

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Rules in Determination of the Principal 1.
Definition

Thing [Art. 467-468, CC]
In the order of application, the principal thing is: •
Mixture: the union of materials belonging
●
That to which the other has been united as to different owners where the components
an ornament or for its use or perfection lose their identity
(“Rule of importance and purpose”) •
Commixtion: mixture of solid things
●
The thing of greater value. •
Confusion: mixture of liquid things or
●
The thing of greater volume. mixture of gases
●
The that of greater merits, taking into
consideration all the pertinent legal 2.
Rules [Arts. 472 – 473, CC]:
provisions, as well as the comparative
merits, utility and volume of their respective a.
If caused by the will of the parties or by
things. [Manresa] chance, or by the will of one party but is in
good faith, then there will be a co-
Exception: In painting and sculpture, writings, ownership based on proportional value (not
printed matter, engraving and lithographs the volume).
MATERIAL (board, metal, stone, canvas, b.
If caused by the will of one party in bad
paper or parchment) which the writer/artist faith, then the party in bad faith loses the
used SHALL BE DEEMED THE ACCESSORY entire thing and must pay indemnity for
THING in all cases. [Art. 468, CC] damages.

When separation allowed Notes:

•
When separation will not cause any injury, •
Good faith in accession does not
the respective owners can demand necessarily exclude negligence, which
separation [Art. 469, CC]; or gives rise to damages. [Art. 456, CC by
•
When the accessory is more precious: analogy]
1.
Owner of accessory may demand •
Also, there is a co-ownership.
separationeven though the
principal thing may suffer [Art. 469, iii.
Specification [NCC 474-475]
CC].
2.
Owner who caused the union shall 1.
Definition [Art. 474, CC]
bear the expenses for separation
even if he acted in good faith. Takes place when the work of a person is done

When the any of the owners are in bad on the material of another, and such material,
faith: in consequence of the work itself, undergoes a
1.
If owner of accessory in BF, then transformation.
he shall lose the accessory and pay
damages to owner of principal. It is the transformation of another’s material by
2.
If owner of principal in BF, then the the application of labor, into a thing of a
owner of the accessory shall different kind.
choose between paying the value
of the principal or have the Examples: Turning grapes into wine, flour into
accessory separated from the bread
principal even if the principal thing
is destroyed and be paid damages. 2.
Rules

ii.
Commixtion/Confusion a.
Worker/Maker in Good Faith [Art.

[Arts. 427-423. 475, CC] 474, CC]

General Rule: Worker becomes the owner but

must indemnify the owner (who was also in

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good faith) for the value of the material. [Art. General Rule: Owner has two options
474 (1), CC] •
Owner may appropriate the new thing to
himself without paying the maker
Exception: If the material is more valuable
than the new thing, the owner of the material Exception: This option is not available in
may choose [Art. 474 (2), CC]: case the value of the work, for artistic or

To take the new thing but must pay for the scientific reasons, is considerably more
value of the work; or than that of the material, in which case the

To demand indemnity for the value of the owner of the material can ask for the
material. payment of the material and damages.
•
Owner may demand the value of the
If the owner was in bad faith, the maker material plus damages
may appropriate the new thing without
paying the owner, or require the owner to c.
Worker/Maker made use of material
pay him the value of the thing or his work, with consent and without objection
with right to indemnity. of owner

b.
Worker/Maker in bad faith [Art. 474 Rights shall be determined as though both
(3), CC] acted in good faith. [Apply Art. 474 (1), CC]

Note: For the right of accession with regards to

moveable property, sentimental value is duly
appreciated. [Art. 476, CC]

SUMMARY OF BPS/LO/OM RULES

Landowner Builder/Planter/Sower Owner of Materials
ALL Acted in Good Faith
a.
Right to acquire a.
Right of retention until a.
Collect value of material
improvements and pay necessary and useful primarily from BPS and
indemnity to BPS; subsidiary expenses are paid subsidiarily to landowner
liability to OM b.
To pay value of materials if BPS is insolvent; and
b.
Sell the land to BP except if to OM b.
Limited right of removal
the value of the land is (if the removal will not
considerably more; or cause any injury)
c.
Rent to S
LO in GF BPS in GF OM in BF
a.
Right to acquire a.
Right of retention until a.
Lose the material
improvements and pay necessary and useful without right to indemnity
indemnity to BPS; expenses are paid b.
Must pay for damages to
b.
Sell land to BP except if the b.
Keep improvements BPS
value of the land is without indemnity to OM
considerably more; or and collect damages from
c.
Rent to S him
LO in GF BPS in BF OM in BF

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a.
Right to collect damages from Recover necessary expenses a.
Recover from BPS (as if
BPS in any case and the for preservation of land from both are in GF)
option to either LO unless LO sells land b.
If BPS acquires
1.
Acquire improvements w/o improvements, remove
paying for indemnity; materials if feasible w/o
2.
Demolition or restoration; or injury
3.
Sell to BP, or to rent to c.
No action against LO but
sower may be liable to LO for
b.
Pay necessary expenses to consequential damages
BPS
ALL Acted in Bad Faith

Same as when all acted in GF under Art. 453

LO in BF BPS in GF OM in GF
a.
Acquire improvement after a.
May remove a.
Remove materials at any
paying indemnity and improvements event
damages to BPS unless the b.
Be indemnified for b.
Collect value of
latter decides to remove damages in any event materials from BPS;
b.
Subsidiarily liable to OM for c.
Pay OM the value of the subsidiarily from LO, if
value of materials if he materials LO is made to pay for
acquires improvements and improvements and
pays damages to BPS; no damages
subsidiary liability if BPS
chooses removal in any
event.
LO in BF BPS in BF OM in GF
a.
Right to acquire a.
No right of retention a.
Collect value of
improvements and pay b.
Pay value of materials to materials primarily from
indemnity to BPS; subsidiarily OM and pay him damages BPS and subsidiarily
liable to OM from LO if LO acquires
b.
Has option to: the improvements
1.
Sell the land to BP except b.
Collect damages from
if the value of the land is BPS
considerably more; or c.
Absolute right to remove
2.
Rent to S materials in any event (if
BPS acquires
improvements)

LO in GF BPS in BF OM in GF
a.
Right to necessary a.
Collect value of
LO has right to collect damages expenses materials primarily from
from BPS in any case and the b.
Pay value of materials to BPS and subsidiarily
option to either: OM from LO
a.
Acquire improvements w/o c.
Pay damages to OM/LO b.
Collect damages from
paying for indemnity; BPS
b.
Demolition or restoration; or c.
If BPS acquires
c.
Sell to BP or rent to S improvements, absolute
Pay necessary expenses to BPS right of removal in any
event

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LO in BF BPS in GF OM in BF
Acquire improvements and pay b.
Receive indemnity for a.
Right to indemnity
indemnity and damages to BPS damages b.
Loses right to the
unless the latter decides to c.
Absolute right of materials
remove materials removal of
improvements in any
event

governmental regulation may, before breach or

D.
QUIETING OF TITLE violation thereof, bring an action in the
appropriate Regional Trial Court to determine
any question of construction or validity arising,
Quieting of Title – remedy for the removal of and for a declaration of his rights or duties,
anycloud of doubt or uncertainty with respect to thereunder. [Bar Matter No. 803, 17 February
real property 1998]

An action for the reformation of an instrument,

1.
Requisites to quiet title to real property or remove clouds
therefrom, or to consolidate ownership under
a.
Plaintiff or complainant has a legal or an Article 1607 of the Civil Code, may be brought
equitable title to or interest in the real under this Rule. [Sec. 1, Rule 63, ROC]
property subject of the action; and [Art.
477, CC]
b.
The deed, claim, encumbrance or
2.
Distinctions between quieting
proceeding claimed to be casting a cloud title and removing/preventing
on his title must be shown to be in fact a cloud
invalid or inoperative despite its prima facie
appearance of validity or legal efficacy. Action to quiet title
A common law remedy for the removal of any
Such cloud must be due to some instrument, cloud upon a doubt or uncertainty with respect
record, claim, encumbrance or proceeding to title to real property [Paras]
which is apparently valid but is in truth invalid, 
A cloud on title is a semblance of title
ineffective, voidable or unenforceable, and is (legal or equitable) which legally appears
prejudicial to the plaintiff’s title. Plaintiff must valid but is, in fact, unfounded.
return to the defendant all benefits he may o
Legal title: the party is the
have received from the latter, or reimburse him registered owner of the property
for expenses that may have redounded to his o
Equitable title: the person has the
benefit. [Art. 479, CC] beneficial ownership of the
property
Note: An action to quiet title applies only to real 
It is in the nature of a quasi in rem action.
property; except to some personal properties
like vessels or stock certificates which partake Note: Some commentaries provide that an
of the nature of real property, or when they are action to quiet title is different from removing a
considered as real property because of special cloud.
registration requirements [De Leon]. The purpose of quieting is to put a stop to
vexatious litigation in relation to the property.
Who may file [Sec. 1, Rule 63, ROC] Removing a cloud pertains to the cancellation,
Any person interested under a deed, will, delivery, removal or release of an
contract or other written instrument, or whose encumbrance which can be considered a claim
rights are affected by a statute, executive order re: plaintiff’s title.
or regulation, ordinance, or any other

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ACTION TO QUIET TITLE

In General Applicable to real property, subject to certain exceptions
a.
To declare the invalidity of a claim on a title or the invalidity of an interest
in property
b.
To free the plaintiff and all those claiming under him from any hostile
claim on the property

Notes:
Purpose

To prevent multiplicity of suits, an action for quieting of title takes
precedence over an ejectment case. [Luzuriaga v. Adil, G.R. No. L-58912
(1985)]

Pending an action for quieting of title, possession of actual possessor must
be respected until the case is decided on the merits. [Balbecino v. Judge
Ortega, G.R. No. L-14231 (1962)]
a. Claimant must show that there is an:
1. Instrument;
2. record;
3. Claim;
4. encumbrance; or
5. proceeding,
Requisites
b. Which constitutes or casts a
1. cloud;
2. doubt;
3. question; or
4. shadow,
c. upon the owner's title to or interest in real property [Art. 476, CC]

a.
To questions involving interpretation of documents;

b.
To mere written or oral assertions of claim

UNLESS made in a legal proceeding, or asserts that an instrument or
entry in plaintiff’s favor is not what it purports to be;
When Not
c.
To boundary disputes;
Applicable:
d.
To deeds by strangers to the title;

UNLESS purporting to convey the property of the plaintiff;
e.
To instruments invalid on their face; or
f.
Where the validity of the instrument involves a pure question of law.

ACTION TO PREVENT A CLOUD

“Cloud on title” means a semblance of title, either legal or equitable, or a claim or a right in
real property, appearing in some legal form but which is, in fact, invalid or which would be
inequitable to enforce.

Legal title: the party is the registered owner of the property.

Legal Title v. Equitable Title Equitable title: the person has the beneficial ownership of the
property.

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a. There is a claim emerging by reason of:

1. Any instrument e.g. a contract, or any deed of conveyance,
mortgage, assignment, waiver, etc. covering the property
concerned;
2. Any record, claim, encumbrance e.g. an attachment, lien,
inscription, adverse claim, lis pendens, on a title; or
3. Any proceeding e.g. an extrajudicial partition of property.

A Cloud Exists If [Art. 476]: b. The claim should appear valid or effective and extraneous
evidence is needed to prove their validity or invalidity;
Test: Would the owner of the property in an action for ejectment
brought by the adverse party be required to offer evidence to defeat
a recovery?
As a general rule, a cloud is not created by mere verbal or parole
assertion of ownership or an interest in property.

c. Such instrument, etc. is, in truth and in fact, invalid,

ineffective, voidable, or unenforceable, or has been extinguished or
terminated, or has been barred by extinctive prescription; and

d. Such instrument, etc. may be prejudicial to the true owner

or possessor.

a. To questions involving interpretation of documents;

b. To mere written or oral assertions of claim, EXCEPT IF
made in a legal proceeding or asserts that an instrument or entry in
plaintiff’s favor is not what it purports to be;
Does Not Cover and Is Not c. To boundary disputes;
Applicable To: d. To deeds by strangers to the title UNLESS purporting to
convey the property of the plaintiff;
e. To instruments invalid on their face; or
f. Where the validity of the instrument involves a pure question
of law

a.
Plaintiff has a title to a real property or interest therein;

b.
Defendant is bent on creating a cloud on the title or interest
therein. The danger must not be merely speculative or
Requisites imaginary but imminent; and
c.
Unless the defendant is restrained or stopped, the title or
interest of the plaintiff will be prejudiced or adversely
affected.

3.
Prescription/non-prescription 
When the plaintiff is NOT in possession of

the real property, the action to quiet title
of action may prescribe depending upon the right of
action filed by the plaintiff:

When the plaintiff is in possession of the 1.
10 years – if plaintiff is a possessor
property, the action to quiet title does not with a real right, i.e. accion
prescribe. publiciana, or if action is for
reconveyance on the basis of a

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constructive trust under Art. 1456, other limitation than that he shall not
CC injure the interests of his co-owners.
2.
30 years – if plaintiff is the owner of [Pardell v. Bartolome, G.R. No. L-4656
real property (1912)]
•
Rationale: Until a division is actually made,
Note: An action to quiet title may be defeated the respective share of each cannot be
by a claim of ordinary or extraordinary determined, and every co-owner exercises
acquisitive prescription by the defendant. joint ownership of the pro indiviso property.
[Coja v. CA, 539 SCRA 517]
•
Use should be in accordance with the
E.
CO-OWNERSHIP purpose for which it was created or
intended.

Note: The law discourages co-ownerships

1.
Characteristics of Co- among individuals as oftentimes, it results
ownership in inequitable situations. No co-owner can
be compelled to stay in a co-ownership
Definition indefinitely and may insist on a partition of
There is co-ownership whenever the the common property [Patricio v. Dario,
ownership of an undivided thing or right 507 SCRA 438, 2006].
belongs to different persons [Art. 484 (1),
CC] Co-ownership Distinguished from
Partnership
Co-ownership is governed by: Co-Ownership Partnership
•
Contracts; As to creation
•
Special laws; and Can be created Can be created only
•
In default of the above, the provisions of the without formalities of by contract, express
Civil Code [Art. 484 (2), CC] a contract or implied
As to Juridical Personality
Summary of Characteristics Has juridical
1.
There are 2 or more co-owners. Has no juridical or
personality distinct
2.
There is a single object which is not legal personality
from partners
materially or physically divided and his As to Purpose
ideal share of the whole. Purpose is collective
3.
There is no mutual representation by the Purpose is to obtain
enjoyment of the
co-owners. profits
thing
4.
It exists for the common enjoyment of the As to Disposition of Shares
co-owners. Consent of other co- Partner needs to be
5.
It has no distinct legal personality. owners not needed; authorized; he
6.
It is a trust and every co-owner is a trustee transferee cannot substitute
for the rest. automatically another as a partner
7.
It is governed first of all by the contract of becomes co-owner in his place
the parties; otherwise, by special legal
As to Existence of Mutual Agency
provisions, and in default of such
A partner can
provisions, by the provisions of Title III on There is no mutual
generally bind the
Co-Ownership. representation
partnership
As to Effect of Death or Incapacity
Limitation
•
Each co-owner of realty held pro indiviso Does not result in
Results in dissolution
exercises his rights over the whole property dissolution
and may use and enjoy the same with no As to Formal Requisites

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No public instrument their work or industry shall be governed by

May be made in any the rules on co-ownership. [Art. 147, FC]
is needed even if the
form except when
object of the co-
real property is
ownership is a real
contributed
c.
Joint Purchase
property
As to Agreement on the Period If two or more persons agree to purchase
An agreement to property and by common consent the legal title
There may be
keep the thing is taken in the name of one of them for the
agreement as to a
undivided for a benefit of all, a trust is created by force of law
definite term without
period of more than in favor of the others in proportion to the
limit set by law
10 years is void interest of each. [Art.1452, CC]

2.
Sources of Co-ownership d.
Succession

a.
Marriage Where there are two or more heirs, the whole
estate of the decedent is, before its partition,
owned in common by such heirs, subject to
i.
System of Absolute Community
the payment of debts of the deceased. [Art.
•
Unless otherwise provided in this
1078, CC]
Chapter or in the marriage settlements,
the community property shall consist of
all the property owned by the e.
Donation
spouses at the time of the
celebration of the marriage or When a donation is made to several persons
acquired thereafter. [Art, 91, FC] jointly, it is understood to be in equal shares,
•
The administration and enjoyment of and there shall be no right of accretion among
the community property shall belong to them, unless the donor has otherwise
both the spouses jointly. [Art. 96 (1), provided. [Art. 753 (1), CC]
FC]
f.
Chance
ii.
Conjugal Partnership of Gains
•
All property acquired during the If by the will of the owners two things of the
marriage, whether the acquisition same or different kinds are mixed, or if the
appears to have been made, mixture occurs by chance, and in the latter
contracted or registered in the name of case things are not separable without injury,
one or both spouses, is presumed to be each owner shall acquire a right
conjugal unless the contrary is proved. proportional to the part belonging to him,
[Art. 116, FC] bearing in mind the value of the things mixed
•
The administration and enjoyment of or confused. [Art. 472, CC]
the conjugal property shall belong to
both spouses jointly. [Art. 124 (1), FC] g.
Hidden Treasure

b.
Cohabitation When the discovery is made on the property of

another, or of the State or any of its
When a man and a woman who are subdivisions, and by chance, one-half thereof
capacitated to marry each other, live shall be allowed to the finder [Art. 438, CC]
exclusively with each other as husband and
wife without the benefit of marriage or under a h.
Easement of Party Wall
void marriage, their wages and salaries shall
be owned by them in equal shares and the The easement of party wall shall be governed
property acquired by both of them through by the provisions of this Title, by the local

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ordinances and customs insofar as they do interest in the land on which it is located
not conflict with the same, and by the rules and in other common areas of the building.
of co-ownership [Art. 658, CC] 2.
Effect of transfer of a condominium unit:
a.
it shall include the
Easement of party ditches in Art. 661: transfer/conveyance of the
Ditches or drains opened between two undivided interest in the common
estates are also presumed as common to area or in the membership or
both, if there is no title or sign showing the shareholdings in the condominium
contrary. corporation
b.
With the unit comess an exclusive
i.
Contract easement for the use of the air
space encompassed by the
a.
In General boundaries of the unit
•
By agreement of two or more c.
Common areas are held in
persons [Art. 494, CC] common by the unit owners in
b.
Universal Partnership equal shares; one for each unit
•
The property which belonged to 3.
Rights of a condominium owner (subject to
each of their partners at the time of master deed’s limitations):
the constitution of the partnership, a.
Non-exclusive easement for
becomes the common property ingress, egress, and support
of all partners, as well as all the through the common areas
profit which they may acquire b.
Right to paint, repaint, tile, wax,
therewith [Art. 1779, CC] paper or refinish and decorate the
c.
Associations inner surface of the walls, ceilings,
•
Associations and societies, whose floors, windows and doors
articles are kept secret among bounding his/her own unit
members, and wherein any one of c.
Exclusive right to mortgage,
the members may contract in his pledge, or encumber
own name with third persons, shall d.
Absolute right to sell or dispose of
have no juridical personality, and his condominium
shall be governed by the 4.
Common areas shall remain undivided and
provisions relating to co- there shall be no judicial partition subject to
ownership [Art. 1775, CC] Sec. 8 of the Condominium Law

j.
Occupation 3.
Rights of Co-owners

Harvesting and fishing: co-ownership by two or a.
Right to Share in the Benefits as
more persons who have seized a res nullius Well As the Charges [Art. 485, CC]
thing [Art. 713, CC]

Proportionality – The share of the
k.
Condominium (RA 4726) co-owners shall be proportional to
their respective interests. Any
Condominium Law: co-ownership of the stipulation to the contrary is void. [Art.
common areas by holders of units [Sec. 6, RA 485, par. 1, CC]
4726] 
Presumption of Equal share – The
portions belonging to the co-owners in
1.
Definition of a condominium: Interest in a the co-ownership shall be presumed
real property consisting of a separate equal, unless the contrary is proved.
interest in a unit in a residential, industrial [Art. 485, par. 2, CC]
or commercial building and an undivided

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U.P. LAW BOC PROPERTY CIVIL LAW

b.
Right to Use the Thing Owned In to his share of expenses and taxes. [Art. 488,
Common [Art. 486, CC] CC] This means that his/her renunciation does
not cover all of his/her interest in the property
Limitations co-owned.
1.
In accordance with the purpose for which
the co-ownership is intended. Exception to Exception: No waiver shall be
a.
The purpose for which the co- made if prejudicial to co-ownership. [Art. 488,
ownership may be changed by CC]
agreement, express or implied 1.
Expenses to improve or embellish the thing
2.
In such a way as to not injure the interest shall be decided upon by a majority as
of the co-ownership determined in Art. 492, NCC.
3.
In such a way as not to prevent the other 2.
As for the expenses for pure luxury or mere
co-owners from using it according to their pleasure, these are not refundable for not
right. serving purposes of preservation. [Art. 548,
CC]
c.
Right to Bring an Action in
Ejectment [Art. 487, CC] e.
Right to Reimbursement for
Necessary Repairs [Art. 488-489,
Actions contemplated: Covers all cases for CC]
recovery of possession (forcible entry, unlawful
detainer, accion publiciana, replevin, accion General rule: A co-owner has the right to
reinvidicatoria). Action is considered to be filed compel the other co-owners to contribute to the
to benefit all the co-owners. expenses of preservation, maintenance, or
necessary repairs of the thing or right owned in
A co-owner may bring such an action without common and to the taxes. [Art. 488, CC]
joining all the other co-owners as co-plaintiffs
because the suit is presumed to have been Requirement of notice: If practicable, the co-
filed to benefit his co-owners. If the plaintiff/co- owner must first notify the co-owners of the
owner claims to be the sole owner, the action necessity for the repairs. [Art. 489, CC]
should be dismissed. [Adlawan v. Adlawan,
G.R. No. 161919, (2006)] Exception to the requirement of notice: If
impracticable or where the repairs are very
d.
Right to Compel Other Co-Owners urgent, and the other co-owners are in remote
to Contribute to the Expenses of places and cannot be reached by an ordinary
means of communication. This means that
Preservation and to the Taxes [Art. his/her renunciation does not cover all of
488, CC] his/her interest in the property co-owned.

General Rule: Each co-owner shall have a Lack of notice even if practicable: Does not
right to compel the other co-owners to exempt other co-owners to contribute. The co-
contribute: owner who advanced them has the burden of

To the necessary expenses (incurred for proving that they were properly incurred.
preservation of the thing or right). If
practicable, he must first notify his co- When Majority opposes repairs: If necessary,
owners of the necessity for such repairs. repairs insisted by once were not done and it
[Art. 489, CC] resulted to damages those who made the

To the taxes [Art. 488, CC] opposition shall be responsible for damages.
[Paras quoting 3 Manresa 448].
Exception to paying necessary expenses
and taxes: Co-owner no longer has to pay if he
renounces his undivided interest as equivalent

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f.
Right to Oppose Alternations [Art. Exception

491, CC] 1.
When personal rights are involved; and
2.
Effect of alienation or mortgage, with
General Rule: Unanimous Consent: None of respect to co-owners shall be limited to the
the co-owners shall, without the consent of the portion which may be allotted to him in the
others, make alterations in the thing owned in division upon the termination of the co-
common, even though benefits for all would ownership
result therefrom.
h.
Right to Partition [Art. 494, CC]
Rationale: Alteration is an act of ownership.
Definition of Partition: Separation, division
Alteration – a change in the nature or use of a and assignment of a thing held in common
thing; it contemplates a PERMANENT among those to whom it may belong. Partition
CHANGE. Examples: may be inferred from circumstances sufficiently
•
Change of the thing from the state or strong to support the presumption. [Maestrado
essence in which the others believe it v. Court of Appeals, 327 SCRA 678 (2000)]
should remain
•
Withdrawal of the thing from the use to General Rule
which they wish it to be intended 
No co-owner shall be obliged to remain in
•
Any other transformation which prejudices the co-ownership; and
the condition or substance of the thing or 
Each co-owner may demand at any time
its enjoyment by the others. [Manresa] the partition of the thing owned in common,
insofar as his share is concerned. [Art. 494
Examples of alterations par.1, CC]
•
The construction of a house on the co-
owned property is an act of dominion. It is Note: An assignee of a co-owner may take part
an alteration of the property owned in in the division of the thing owned in common
common. [Cruz v. Catapang, 544 SCRA and object to its being effected without their
2008] concurrence. But they cannot impugn any
•
Mortgage, donation, or sale of a portion or partition already executed unless there has
the whole of the property co-owned been fraud or in case it was made
•
Allowing or entering into an easement notwithstanding a formal opposition to prevent
it. [Budlong v. Pondoc, 79 SCRA 24 (1977)]
Exception: If the withholding of the consent by
one or more of the co-owners is clearly Limitations
prejudicial to the common interest, the •
An agreement to keep the thing undivided
courts may afford adequate relief. for a certain period of time, not exceeding
10 years, shall be valid. [Art. 494, CC]
g.
Right to Full Ownership of His Part •
A donor or testator may prohibit partition for
a period which shall not exceed 20 years.
and of the Fruits and Benefits [Art. 494, CC]
Pertaining Thereto [Art. 493, CC] •
Neither shall there be any partition when it
is prohibited by law. [Art. 494, CC]
As a result, the co-owner has a right to: •
When physical partition would render the
1.
Alienate; thing unserviceable for the use for which it
2.
Assign; is intended. [Art. 495, CC]
3.
Mortgage; and
4.
Substitute another person in its enjoyment. Exception: If it is indivisible (physical partition
not possible), allot to one of the co-owners who
Note: Actions above can only pertain to the co- shall indemnify others, or have it sold and
owner’s ideal share prior to partition. divide the process from the sale. [Art. 498, CC]

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•
When another co-owner has possessed As legal redemption is intended to minimize co-
the property as exclusive owner and for a ownership, once a property is subdivided and
period sufficient to acquire it by distributed among the co-owners, the
prescription. community ceases to exist and there is no
more reason to sustain any right of legal
Note: No prescription shall run in favor of a co- redemption. Every act intended to put an end
owner or co-heir against his co-owners or co- to indivision among co-heirs is deemed to be a
heirs so long as he expressly or impliedly partition. [Avila vs. Sps. Barabat, supra]
recognizes the co-ownership. [Art. 494, CC]
j.
Right to Participate in
For prescription to run in favor of a co-owner, Administration of Property Owned
the following elements must concur to show In Common [Art. 492, CC]
adverse possession of a co-owner:

He has performed unequivocal acts of General Rule
repudiation amounting to an ouster of the a.
For the administration and better
other co-owners; enjoyment of the thing owned in common,

Such positive acts of repudiation have the resolutions of the majority of the co-
been made known to the other co-owners; owners shall be binding. [Art. 492 par. 1,
and CC]

The evidence thereon must be clear and b.
There shall be no majority unless the
convincing. [Salvador v. CA, supra] resolution is approved by the co-owners
who represent the controlling interest in the
Sample of Acts of Repudiation object of the co-ownership. [Art. 492 par. 2,
1.
Filing of actions in court like quieting of title, CC]
accion reinvidicatoria and other similar suit
2.
Co-owner who causes cancellation of the Exceptions to acts of administration only
existing title and petitions for an issuance by majority
of a new title in his favor
•
If there be no majority; or
3.
Co-owner who permanently fences the
•
If the resolution of the majority is seriously
property and hires security personnel to
prejudicial to those interested in the
prevent other co-owners from entering the
property owned in common.
property
•
In which case, the court will intervene: the
court, at the instance of an interested party,
i.
Right to Redemption [Art. 1619, shall order such measures as it may deem
CC] proper, including the appointment of an
administrator.
Definition
Legal redemption – the right to be Examples of acts seriously prejudicial
subrogated, upon the same terms and •
Call for a substantial change of the thing
conditions stipulated in the contract, in the •
Authorizing leases, loans, and other
place of one who acquires a thing by purchase contracts without the necessary security,
or dation in payment, or by any other thereby exposing the property to serious
transaction whereby ownership is transmitted danger
by onerous title [Art. 1619, CC]. •
Continued employment of an administrator
who is guilty of fraud or negligence in his
General Rule: A co-owner of a thing may management [Manresa]
exercise the right of redemption in case the
shares of all the other co-owners or of any of Note: A co-owner is entitled to a written notice
them are sold to third person. [Art. 1620, CC] from a selling co-owner in order to remove all
uncertainties about the sale, its terms and

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U.P. LAW BOC PROPERTY CIVIL LAW

conditions, as well as its efficacy and status. Consensus of all co-

[Verdad v. Court of Appeals, 256 SCRA 593 Lease for more owners (considered an act
(2000)] than 1 year of alteration, see
Tolentino)
k.
Other Rules Acts of
administration

Renunciation of Share (ex. Payment of Majority of co-owners [Art.
taxes/association
dues, hiring
492, CC]
General Rule: A co-owner may exempt
contractors to do
himself from the payment of expenses of
minor repairs)
preservation by renouncing his undivided
interest in the co-ownership as may be Improvement/
equivalent to his share in the necessary Embellishing
expenses and taxes. [Art. 488, CC] the Thing/
Useful Majority of co-owners
A co-owner who has not waived his share in expenses (ex. [Arts. 489 and 492, CC]
Swimming pool,
the co-ownership may be compelled to pay his CCTV,
share in the cost of its maintenance, but he landscaped
may not be compelled to renounce. gardens, etc.)

Waiver of renunciation is not allowed if it is 
Multi-Story House [Art. 490, CC]
prejudicial to the co-ownership. [Art. 488, CC]
Applies when:

Repairs for Preservation, •
The different stories of a house belong to
Embellishment, or Improvements different owners;
•
The titles of ownership do not specify the
General rule: Requires consent of majority of terms under which they should contribute
co-owners representing the controlling interest to the necessary expenses; and
in the undivided thing. [Art. 489 and 492, CC] •
There exists no agreement on the subject.

Note: The rules under Art. 492 are Part of the

applicable, so judicial intervention may be Manner of Contribution
House
resorted to. Main and party
walls, the roof, All owners contribute in
Summary and the other proportion to the value of
Act of Co- things used in the story belonging to each
Consent Needed common
Owner
Floor of the
! 
entrance, front
(ex. Critical door, common All owners contribute pro
maintenance yard, and
May be made at will by rata or equally
work – roof leaks, sanitary works
cracks in the any co-owner, but
common to all
walls, electrical preferably notice is given
wiring system The floor of Each owner bears the cost
to others. [Arts. 488 and
which renders each co- of maintaining the floor of
489, CC] owner’s story
property his story
unsafe/unhealthy
to live in)
Alterations
(ex. Consensus of all co-
Sale, mortgage,
assignment)
owners [Art. 491, CC]

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U.P. LAW BOC PROPERTY CIVIL LAW

Stairs from the first Leon]. Extraordinary Prescription is the

entrance to the first story – opposite. No good faith or just title is required,
pro rata sharing of all but long possession under Art. 1132 , par. 2
owners except the owner of [De Leon].
the ground floor
Stairs Stairs from the first to the d.
Partition or Division
second story - pro rata
sharing of all owners May be judicial or extrajudicial:
except the owner of the •
Extrajudicial partition – The agreement
ground floor and that of the may be oral or written, done outside of
first story; and so on. court.
•
Judicial partition – Governed by the
4.
Termination of Co-ownership Rules of Court insofar as they are
consistent with the CC. [Art. 496, CC]
Means of Termination
a.
Total Destruction of the Thing Owned in Action for partition will determine:
Common •
Whether or not the plaintiff is indeed a co-
b.
Merger of All Interests in One Person owner of the property
c.
Acquisitive Prescription •
How the property will be divided between
d.
Partition the plaintiff and defendant
e.
Sale of Property Co-Owned
f.
Termination of Period Agreed upon in Co- Incidents of Partition
ownership •
Mutual accounting for benefits received
and reimbursement for expenses made
a.
Total Destruction of Thing or Loss [Art. 500, CC]
of the Property Co-Owned •
Payment of damages by each co-owner
caused by reason of his negligence or
Exception: If a building is destroyed, there is fraud. [Art. 500, CC]
still co-ownership over the land and the debris. •
Liability of each co-owner for defects of title
[Tolentino] and quality of the portion assigned to each
of the co-owners. [Art. 501, CC]
b.
Merger of All Interests in One
Effects of Partition
Person •
Confers exclusive ownership of the
property adjudicated to a co-heir. [Art.
This may take place by any of the causes which 1091, CC]
are sufficient to transmit title to an obligation, •
Co-heirs shall be reciprocally bound to
either by assignment, subrogation, and sale of warrant the title to, and the quality of each
inheritance. property adjudicated. [Art. 1092, CC]
•
Reciprocal obligation of warranty shall be
c.
Acquisitive Prescription proportionate to the respective hereditary
shares of co-heirs. [Art. 1093, CC]
This is a mode of acquiring ownership by a •
An action to enforce the warranty must be
possessor through the requisite lapse of time. brought within 10 years from the date the
right of action accrues. [Art. 1094, CC]
It may be ordinary or extraordinary. [Art. 1117, •
The co-heirs shall not be liable for the
CC] subsequent insolvency of the debtor of the
estate, but only for his insolvency at the
Ordinary Acquisitive prescription requires time the partition is made. [Art. 1095, CC]
possession of things in GOOD FAITH and with
a just title for the time fixed by the law [De

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U.P. LAW BOC PROPERTY CIVIL LAW

Rights of Third Parties in Partition Partition of an indivisible thing [Art. 498, CC]
1.
The partition of a thing owned in common 1st option: The co-owners can agree that one
shall not prejudice third persons, who shall of them shall be the sole owner by paying the
retain the rights of mortgage, servitude, or value of the other co-owners’ shares.
any real rights belonging to them before the
division was made. [Art. 499, CC] 2nd option: If they cannot agree who among
them shall be the sole owner, the property will
Note: A “third person” is defined as all be sold to a 3rd person and the proceeds will be
those who did not in any way participate or distributed among them.
intervene in the partition [Paras citing 3
Manresa 54 and Gonzaga v. Martinez, 9 e.
Sale of Property Co-Owned [Art.
Phil. 489]. 498, CC]
2.
The creditors or assignees of the co- The sale shall be resorted to only if:
owners may take part in the division of the •
The property is essentially indivisible.
thing owned in common and object to its •
The co-owners cannot agree that the entire
being effected without their concurrence. property be allotted or assigned to one of
[Art. 497, CC] them, who shall reimburse the other co-
owners of their shares.
Note: All kinds of creditors whether
preferred or ordinary are included within
f.
Termination of Period Agreed
the scope of creditors; but they must have
become creditors during the existence of Upon by the Co-Owners [Art. 494.
the co-ownership and not before or after CC]
[Paras citing 3 Manresa 528-529].
An agreement to keep the thing undivided for a
Exception: If the partition was already certain period of time, not exceeding 10 years,
executed, the creditors/assignees cannot shall be valid. This term may be extended by a
impugn the same. new agreement.

Exception to the exception: There was fraud A donor or testator may prohibit partition for a
or a previous formal opposition against the period which shall not exceed 20 years.
partition, without prejudice to the right of the
debtor or assignor to maintain its validity. [Art.
497, CC] F.
POSSESSION
The law does not expressly require previous
notice to the creditors and assignees before a
1.
Characteristics
partition. [Tolentino]
Definition
If notice is not given, the partition is not binding
Possession is the holding of a thing or the
on the creditors and assignees.
enjoyment of a right. [Art. 523, CC]
But once notice has been given, it is the duty of
It includes the idea of occupation – i.e. the
creditors and assignees to intervene and make
person exercises control over the object. It
known their stand. If they fail to do so, they
cannot exist without it.
cannot question the division made, EXCEPT in
cases of fraud.

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Right of possession Right to possess ○
Possession in the eyes of the law

(jus possessionis) (jus possidendi) does not mean that a man has to
Incident to have his feet on every square
Independent right (ex: ownership (ex: meter of ground before it can be
Lessee possessing a person A lives in a said that he is in possession.
property) house that he [Ramos vs. Director of Lands, G.R.
owns) No. 13298, (1918)]

Possession may be exercised in one’s own 2.
Acquisition of Possession

name or in that of another. [Art. 524, CC]
Ways of Acquiring Possession [Art. 531,
Possession is not a definitive proof of CC]
ownership nor is non-possession inconsistent a.
By material occupation of a thing or the
therewith. [Heirs of G. Bofill v. CA, G.R. No. exercise of a right
107930 (1994)] b.
By the fact that it is subject to the action of
our will
Essential Requisites of Possession c.
By the proper acts and legal formalities for
•
Material occupation – There must be acquiring possession
holding or control of a thing or right. Also
known as possession in fact. a.
By the material occupation of a
•
Intent to possess (animus possidendi) – thing or the exercise of a right
The holding must be with intention to
possess which reflects the state of mind of Possession is acquired through the following
the possessor. modes of constructive delivery:
•
Traditio brevi manu – If the
Object of Possession [Art. 530, CC] transferee/buyer already had possession
•
Must be susceptible of being appropriated of the object under a different title even
•
Abandoned or property with no owner may before the sale (e.g., lessee, depositary
be possessed but cannot be acquired by subsequently buys the property)
prescription. •
Traditio constitutum possessorium –
•
Things must be within the commerce of the transferor/seller continues in the
men possession of the object, but not in the
concept of an owner (e.g., owner sells the
What May Not Be Possessed property and becomes lessee)
•
Res communes
•
Property of public dominion For constructive possession, see the
•
Right under discontinuous and/or non- discussion under Characteristics of
apparent easement Possession.

Extent of Possession b.
By the fact that the thing is subject

•
Actual – consists in manifestation of acts
to the action of our will
of dominion over the thing of such a nature
as a party would naturally exercise over his
own property. Possession is acquired through the following
•
Constructive – possession of a portion of modes of constructive delivery:
the thing under claim of ownership is a •
Traditio simbolica – delivering an object
constructive possession of the whole of or symbol, and placing the thing under the
such thing, if the remainder is not in the control of the transferee (ex. Giving a key
adverse possession of another. where the thing or object is stored, kept or
under custody. Since the key is with the

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U.P. LAW BOC PROPERTY CIVIL LAW

vendee, then it means that the latter can their legal representatives to exercise their
gain access to the object) rights arising from such possession.
•
Traditio longa manu – the transferor
points out to the transferee the things Preference of Possession [Art. 538, CC]
which are being transferred, or they merely General Rule: Possession as a fact cannot be
agree or consent that delivery has been recognized at the same time in two different
effected personalities

c.
By the proper acts and legal Exception: Co-possession

formalities established for
In case a dispute arises, the order of
acquiring such right
preference is as follows:
a.
The present possessor shall be preferred
Acquisition by virtue of a just title such as when
b.
If there are two possessors, the one longer
property is transmitted by succession,
in possession is preferred
donation, contract, or execution of a public
c.
If the dates of the possession are the same,
instrument, etc.
the one who presents a title is preferred
d.
If all the foregoing conditions are equal, the
Who Acquires Possession [Arts. 532-534,
thing shall be placed in judicial deposit
CC]
pending determination of its possession or
a.
The same person who is to enjoy it
ownership through proper proceedings.
b.
His legal representative
c.
His agent
What Does Not Affect Possession
d.
Any person without any power whatsoever
a.
Acts merely tolerated [Art. 537, CC]
General rule: Only acquired upon
ratification •
Those which because of
neighborliness or familiarity, the owner
Exception: In cases of negotiorum gestio
(Person who voluntarily manages the of property allows another person to do
on the property [Tolentino]
property or business of another. In this
case, the stanger’s possession takes effect •
Permissive use merely tolerated by the
even without ratification by the property possessor cannot affect possession
owner) and cannot be the basis of acquisitive
e.
His heirs prescription. [Art. 1119, CC]
•
If there is bad faith on the part of the o
Possession to constitute the
foundation of prescriptive right
decedent: The effects of the
decedent’s wrongful possession will must be possession under
claim of title; it must be
not affect his heirs. The heir suffers the
consequences of such possession only adverse. [Cuaycong v.
Benedicto, G.R. No. L-9989
from the moment he becomes aware of
the flaws affecting the decedent’s title (1918)]
[Art. 528 as cited in De Leon]. •
A possessor by tolerance is
necessarily bound by an implied
•
If there is good faith on the part of the
decedent: The effects of the promise to vacate upon demand, failing
which a summary action for ejectment
decedent’s possession will benefit the
heirs only from the date of his death. is the proper remedy against him.
[Peran vs. CFI, G.R. No. L-57259,
(1983)]
Legal Capacity to Acquire Possession [Art.
535, CC]
Minors and incapacitated persons may acquire
possession BUT they need the assistance of

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U.P. LAW BOC PROPERTY CIVIL LAW

b.
Acts executed clandestinely and of a competent court, if the holder

without the knowledge of the refuses to deliver the thing.
possessor [Art. 537, CC]
•
Possession by the possessor is not 3.
Effects of Possession
affected as long as it remains
clandestine and unknown. a.
Possession in the concept of

“Clandestine possession” is secret owner is converted into ownership
possession or possession by stealth. after the required lapse of time
The possession here must be unknown necessary of prescription [Art. 540,
to the owner. [Paras quoting 4 Manresa CC]
199]
•
Possession has to be in the concept of •
To consolidate title by prescription, the
an owner, public, peaceful and possession must be under claim of
uninterrupted. [Art. 1120, CC] ownership, and it must be peaceful, public,
and uninterrupted [Art. 1118, CC].
c.
Acts of violence as long as the
•
Acts of possessory character done by
possessor objects thereto [Art. 536, CC]
virtue of a license or mere tolerance on the
•
Possession cannot be acquired part of the real owner do not apply for
through force or intimidation as long as purposes of acquisitive prescription. [Art.
there is a possessor who objects 1119, CC]
thereto.
•
The following cannot acquire title by
o
This includes forcibly taking prescription (i.e. they are not adversely
away the property from
possessing the property)
another, and also when one 1.
Lessees, trustees, pledges, tenants
occupies the property in the
on shares or planters and all those
absence of another, and repels who hold in the name or in
the latter upon his return.
representation of another.
[Tolentino]
2.
Mere holders placed in possession of
o
Force may be: 1) actual or
the property by the owner, such as
threatened; 2) done by
agents, employees.
possessor or agent, 3) done
3.
Those holding in a fiduciary character
against the owner or any other
like receivers, attorneys, depositaries
possessor or the owner’s
and antichretic creditors.
representative; 4) done to oust
4.
Co-owner, with regard to common
the possessor [Paras]. property, EXCEPT: when he holds
o
Art. 536 applies to one who
the same adversely against all of
believes himself the owner of them with notice to them the
real property. If he takes
exclusive claim of ownership.
justice into his own hands, he is
a mere intruder and he can be
compelled to return the
b.
Entitlement to fruits/expenses
property and must suffer the
POSSESSOR IN GOOD FAITH – Arts. 544,
NECESSARY and NATURAL
526-527, CC
consequences of his
lawlessness. [De Leon citing
1.
As to the Fruits
Santiago v. Cruz, 54 Phil. 640]
•
He who believes that he has an action
•
Fruits already received [Art. 544(1),
or a right to deprive another of the
CC]
holding of a thing must invoke the aid
o
Entitled to all the fruits until
possession is legally interrupted

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U.P. LAW BOC PROPERTY CIVIL LAW

(i.e. before summons, or demand; 4.
As to Ornamental Expenses or

see Art. 528 for when possession Expenses for Pure Luxury [Art. 548,
in good faith is interrupted) CC]
•
Fruits still pending [Art. 545, CC]
o
Entitled pro-rata to the fruits The possessor in good faith is not
already growing when his entitled to a refund for ornamental
possession is legally interrupted. expenses. But he may remove the
ornamental improvements if they do
2.
As to the Necessary Expenses [Art. not cause damage to the principal
546, (1), CC] thing.

Definition: necessary for the Exception: The one who recovers

preservation of the thing [Art. 452, CC possession decides to refund the
by analogy]. The possessor in good ornamental expenses/ expenses for
faith may retain the thing until he is pure luxury.
reimbursed for necessary expenses.
POSSESSOR IN BAD FAITH
3.
As to the Useful Expenses [Arts. 546
(2) and 547, CC] 
Possessor in Bad Faith
•
One who is aware that there exists in
•
Definition: incurred to give greater his title or mode of acquisition a flaw
utility or productivity to the thing which invalidates it. [Art. 526, CC]
o
They are reimbursed only to the 
Rights of a possessor in bad faith
possessor in GF as a •
Right to be respected in possession;
compensation or reward for him. [Art. 539, CC]
Possessor in BF cannot recover •
Right to necessary expenses and the
such expenses. expenses for production, gathering,
o
The possessor in good faith may and preservation of fruits [Arts. 545 and
retain the thing until he is 546; Art. 443, CC]
reimbursed for useful expenses. •
Does not have right to reimbursement
o
The person who defeats the of expenses for luxury but may remove
possessor in possession has the them as long as the principal thing
option to: suffers no injury or may sell them to the
o
Refund the amount of owner who opts to buy the removable
expenses; or ornaments. [Art. 549, CC]
o
Pay the increase in value •
No right to reimbursement for useful
which the thing may have improvements and no limited right of
acquired. removal.
o
The possessor has the option of
removing the useful improvements, 4.
Loss of Movable or Unlawful
provided there is no damage to the
principal thing. [Art. 547, CC] Deprivation of a Movable
o
Exception: When the
option to pay for the value One who has lost any movable or has been
of the expenses or the unlawfully deprived thereof, may recover it
increase in value of the from the person in possession of the same.
thing is exercised by the [Art. 559, CC]
person who recovered
possession. Note: Relate this to Art. 556 which states that
the possession of movables is not deemed
LOST so long as they remain under the control

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U.P. LAW BOC PROPERTY CIVIL LAW

of the possessor even though FOR THE TIME possession (whether in bad faith or good
BEING he may not know their whereabouts faith). [Art. 1140, CC] Subject to Article
(e.g. A ring misplaced or just lost in a particular 1505 and Article 559.
place or vicinity). The possessor has not lost •
4 years – action to recover prescribes if
his legal right to the object. He retains his there is uninterrupted possession in good
juridical control of the thing which remains in faith, subject to Article 1505 and Article
his, and not another’s patrimony [De Leon 559. [Art. 1132, CC]
citing 4 Manresa 323]. •
No prescription – if possessed through a
crime. [Art. 1133, CC]
Possession of Movable Acquired in Good
Faith (in Concept of Owner) is Equivalent to Finder of Lost Movable [Arts. 719-720, CC]
Title [Art. 559, CC] 
Whoever finds a movable, which is not a
treasure, must return it to its previous
Doctrine of Irrevindicability: Possession in possessor.
good faith of a movable is a presumed 
If the previous possessor is unknown, the
ownership. It is equivalent to a title. However, it finder shall immediately deposit it with
is merely presumptive because it can be the mayor of the city or municipality
defeated by the true owner. where the finding has taken place.

The finding shall be publicly announced
Requisites of the doctrine of by the mayor for two consecutive weeks
Irrevindicability in the way he deems best.
1.
The possession should be in good faith; 
If the movable cannot be kept without
2.
The former owner voluntarily parted with deterioration, or without expenses which
the possession of the thing; and considerably diminish its value, it shall be
3.
The possession is in the concept of sold at public auction 8 days after the
owner. publication.

Six (6) months from the publication
Exception: One who has lost or has been having elapsed without the owner having
unlawfully deprived of a movable may recover appeared, the thing found, or its value,
it from whoever possesses it without shall be awarded to the finder. The finder
reimbursement and the owner shall be obliged, as the
case may be, to reimburse the expenses.
The owner of the thing must prove: 
If the owner should appear in time, he
(a) ownership of the thing, and shall be obliged to pay, as a reward to the
(b) loss or unlawful deprivation; or bad faith of finder, 1/10 of the sum or of the price of
the possessor the thing found.

Exception to the Exception 5.
Possession in the Concept of

•
Where the owner acts negligently or
voluntarily parts with the thing owned, he Owner, Holder, One’s Own
cannot recover it from the possessor Name, and in the Name of
•
If the possessor of the movable acquired it Another
in good faith at a public sale, the owner
cannot obtain its return without first The possession of things or rights may be had
reimbursing the price paid therefore by the in one of two concepts: either in the concept of
keeper [Art 559. Par 2, CC] owner, or in that of the holder of the thing or
right to keep or enjoy it, the ownership
Period to Recover Movable Property [NCC pertaining to another person [Art. 525, CC].
Arts. 1140, 1132, 1133]
•
8 years – from the time the possession of Classifications of Possession
the movable is lost, for uninterrupted a.
In one’s own name or in that of another

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b.
In the concept of holder b.
Trustees, including: parents over the
c.
In the concept of owner properties of their children; and husband
d.
In good faith or in bad faith and wife over each other’s property
c.
Antichretic Creditors

Possession for Oneself, or d.
Agents
Possession Exercised in One’s e.
Attorneys regarding their client’s properties
Own Name and Possession in f.
Depositaries
g.
Co-Owners
the Name of Another [Art. 524,
CC]
Possession in the Concept of
1.
In one’s own name – the fact of
an Owner
possession and the right to such
possession is found in the same 
Concept of ‘Owner’
person. •
Other people believe through one’s
2.
In the name of another – the one in actions, that he or she is the owner
actual possession is without any right of the property and is considered in
of his own, but is merely an instrument the opinion of others as owner
of another in the exercise of the latter’s •
Regardless of good faith or bad
possession. It can either be: faith

Voluntary – when exercised by •
Contrary to concept of holder
virtue of an agreement, e.g. agents or wherein one recognizes another to
administrators appointed by the be the owner of the property
owner or possessor. Third person •
May be exercised by the owner
may also voluntarily exercise himself or one who claims to be so.
possession in the name of another, •
DOES NOT refer to the
but it does not become effective possessor‘s inner belief or
unless ratified by the person in disposition regarding the property
whose name it is exercised. in his possession.

Necessary or legal – when
exercised by virtue of law, e.g. 
Possession in the Concept of Owner
representatives who exercise •
Possession in the concept of an
possession in behalf of a conceived owner refers to his overt acts which
child, juridical persons, persons not tend to induce the belief on the part
sui juris, and the CPG. of others that he is the owner.
•
Possession in the concept of an

Possession in the Concept of owner is ius possidendi.
•
If a person possesses in the
Holder with the Ownership
concept of owner—he may
Belonging to Another [Art. 525, eventually become the owner by
CC] prescription
○
Thus, a possessor merely in
One who possesses as a mere holder, not in the concept of holder cannot
the concept of owner, acknowledges in another acquire property by acquisitive
a superior right which he believes to be prescription—one cannot
ownership, whether his belief is right or wrong, recognize the right of another
e.g. tenant, usufructuary, borrower in and at the same time claim
commodatum. adverse possession.

Examples of Possession in Concept of Holder

a.
Lessees

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6.
Rights of the Possessor 14.
Right to be respected and

protected/restored in his/her possession by
the means established by the laws and the

Possessor In Good Faith [Arts.
Rules of Court. [Art. 539, CC]. These
526-527, 544, 546-547, 548, 552, include summary actions (forcible entry
1132, 1134, CC] and unlawful detainer), accion publiciana,
and action for replevin. Accion

Possessor in Good Faith reivindicatoria is not included. “Every
possessor” – includes all kinds of
One who is unaware that there exists a flaw possession, from that of an owner to that of
which invalidates his acquisition of the thing. a mere holder, except that which
He believes that the person from whom he constitutes a crime.
received a thing was the owner of the same 15.
Lawful possessor can employ self-help
and that therefore he is now the owner based [Art. 429, CC]
upon ostensible title or mode of acquisition, 16.
Possession of an immovable extends to
e.g. sale, donation, inheritance, or other means the movables within or inside [Arts. 542
of transmitting ownership. [Art. 526, CC] and 426, CC]


Rights of a Possessor in Good Faith: Exception: When it is shown or proven that
such movables should be excluded
1.
Fruits [Art. 544, CC]
2.
Refund of necessary expenses [Art. 546, 
Other Consequences:
CC]
3.
Refund of useful expenses [Art. 546, CC] 1.
Possession is converted into ownership
4.
Right of retention when there are unpaid after the required lapse of time necessary
necessary or useful expenses [Art. 546, of prescription [Art. 540, CC]
CC] 
To consolidate title by prescription,
5.
Removal of useful/ornamental the possession must be under claim
improvements without damage to the of ownership, and it must be
principal thing [Arts. 546-547, CC] peaceful, public and uninterrupted.
6.
No liability for deterioration or loss, except [Art. 1118, CC]
in cases of fraudulent intent or negligence 
Acts of possessory character done
[Art. 552, CC] by virtue of a license or mere
7.
May acquire full ownership by prescription tolerance on the part of the real
[Arts. 1117-1138, CC] owner are not sufficient and will not
8.
Presumption of just title [Art. 541, CC] confer title by prescription or adverse
9.
Can ask for the inscription of possession in possession. [Art. 1119, CC]
the Registry of Property [Art 708, CC] 
The following cannot acquire title by
10.
Generally, he/she can do on the things prescription:
possessed everything that the law ○
Lessees, trustees, pledges,
authorizes an owner to do until he/she is tenants on shares or planters,
ousted by one who has a better right and all those who hold in the
11.
Can exercise the right of pre-emption and name or in representation of
is entitled to indemnity in case of another.
appropriation ○
Mere holders placed in
12.
Has presumption of continuity of good faith possession of the property by the
[Arts. 528-529, CC] owner such as agents and
13.
Non-interruption of possession employees.
(possession during intermediate period) ○
Those holding the title in a
[Arts. 554 and 561, CC] fiduciary character such as
receivers, attorneys,

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depositaries, and antichretic As to ornamental expenses or expenses for

creditors. pure luxury [Art. 548, CC]
○
Co-owner, with regard to •
The possessor in good faith is not entitled
common property: to a refund for ornamental improvements
but such improvements may be removed if
Exception: When he/she holds the they do not cause damage to the principal
same adversely against all of the other thing.
co-owners with notice to them of the
exclusive claim of ownership.
Possessor in Bad Faith
2.
Entitlement to fruits/expenses: Possessor 
Definition
in Good Faith [Arts. 544, 526-527, CC]
One who is aware that there exists in his/her
As to the fruits title or mode of acquisition any flaw which
•
Fruits already received [Art. 544(1), CC]: invalidates it. [Art. 526, CC]
Entitled to all the fruits received before
possession is legally interrupted. (i.e. 
Requisites:
before summons)
•
Fruits still pending [Art. 545, CC]: Entitled 1.
Possessor has a title or mode of
to prorate the fruits already growing when acquisition;
possession is legally interrupted. 2.
There is a flaw or defect in said title or
mode;
As to necessary expenses [Art. 546(1), CC] 3.
Examples of vice or defect in title:
•
Imposed by the thing itself and have no 
Grantor was not the owner.
relation to the desire or purpose of the 
Requirements for transmission were not
possessor; hence they are reimbursed, complied with.
whatever may be the juridical character of 
Mistake in the identity of the person.
the person who advanced them. 
Property was not really res nullius.
•
The possessor in good faith may retain the 4.
The possessor is aware of the flaw or
thing until he/she is reimbursed for defect in the title.
necessary expenses.

Rights of a Possessor in Bad Faith:
As to useful expenses [Arts. 546 (2) and
547, CC] 1.
Right to be respected in possession. [Art.
•
Incurred to give greater utility or 539, CC]
productivity to the thing. 2.
Right to necessary expenses and the
•
They are reimbursed only to the possessor expenses for production, gathering, and
in good faith as a compensation or reward. preservation of fruits. [Arts. 545-546, CC]
A possessor in bad faith cannot recover 3.
Does not have right to reimbursement of
such expenses. expenses for luxury but may remove them
•
The possessor in good faith may retain the as long as the principal thing suffers no
thing until he/she is reimbursed for useful injury or may sell them to the owner who
expenses. opts to buy the removable ornaments. [Art.
•
The other party has the option to: 549, CC]
○
Refund the amount of 4.
No right to reimbursement for useful
expenses; or improvements and no limited right of
○
Pay the increase in value which removal. [Art. 546, CC]
the thing may have acquired. 5.
Right to remove ornamental improvements
or be paid the value of such at the time of
recovery but at the owner’s option.

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Obligations of a Possessor in Bad

Faith:
G.
USUFRUCT
1.
Reimburse the value of fruits received and
which the legitimate possessor could have
received. [Art. 549, CC] 1.
Characteristics
2.
Pay in proportion to the charges, expenses
of cultivation and the net proceeds upon Usufruct is a temporary real right which gives a
cessation of good faith. [Art. 545, CC] right to enjoy the property as well as its fruits of
3.
Bear the costs of litigation. [Art. 550, CC] another with the obligation of preserving its
4.
Liability to the deterioration/loss of a thing form and substance, unless the title
possessed in every case, including constituting it or the law otherwise provides.
fortuitous events. [Art. 552, CC] [Art. 562, CC]

Constituted by: [PILL: Prescription, Inter vivos

7.
Loss or Termination of acts, Law, Last Will]
Possession 
Law

Will of private persons expressed in acts
A possessor may lose his possession [Art. inter vivos
555, CC]: 
Will of private persons expressed in a last
1.
By the abandonment of the thing; will

Prescription [Art. 563, CC]
Note: The one who abandons must have
been a possessor in the concept of an Can be constituted over:
owner [Paras quoting 4 Manresa 315]. 1.
The whole or part of the fruits of the thing
2.
A right, provided it is not strictly personal or
2.
By an assignment made to another either intransmissible. [Art. 564, CC]
by onerous or gratuitous title;
General Characteristics
Note: There should be complete •
Nature: It is a real right of the use and
transmission of ownership to another enjoyment of the property, whether or not
person [Paras]. the same be registered in the Registry of
Property;
3.
By the destruction or total loss of the thing,
or because it goes out of commerce; Note: It must be registered in the Registry of
4.
By the possession of another for more than Property to prejudice third persons (Art 709,
one year, subject to the provisions of Art. CC)
537 (acts merely tolerated, clandestine o
It is transmissible
acts and violence). But the real right of •
Term: Of temporary duration;
possession is not lost till after the lapse of •
Purpose: To enjoy the benefits and derive
10 years. all advantages from the thing due to normal
exploitation;
Other Causes for loss of possession: •
Scope: May be constituted on real or
1.
Acquisitive prescription; personal property, consumable or non-
2.
Recovery by another lawfully entitled consumable, tangible or intangible, the
person/entity. ownership of which is vested upon another.

Natural Characteristics
•
Includes jus abutendi, jus utendi, jus
fruendi and jus possidendi and jus
vindicandi. The only thing left with the

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U.P. LAW BOC PROPERTY CIVIL LAW

grantor of the usufruct is the jus Legal: as provided by law.

disponendi. Usufruct of parents over
•
Usufructuary must preserve the form or the property of
substance of the thing. (ex: Usufruct over a unemancipated children.
house to be used as a dwelling by the (now limited to the
usufructuary cannot be transformed into a collective daily needs of the
boarding house where other people can family) [Art. 226, CC]
occupy the same – akin to De Leon’s Mixed: created both by law
comments, p. 413) and the acts of persons, i.e.
•
Preservation is a natural requisite, not by acquisitive prescription.
essential because the title constituting it, The rights and duties of the
the will of the parties, or the law may usufructuary provided by
provide otherwise. law may be modified or
•
Usufruct is extinguished by the death of the eliminated by the parties. If
usufructuary. the usufructuary is
•
A person cannot create a usufruct over his authorized to alienate the
own property and retain it at the same time. thing in case of necessity, it
[De Leon quoting Gaboya v. Cui, 38 SCRA is the usufructuary who
85 (1981)] determines the question of
necessity
Reasons for preserving form and Simple: only one
substance usufructuary enjoys the
•
To prevent extraordinary exploitation; property.
•
To prevent abuse, which is frequent; Multiple: several
•
To prevent impairment. usufructuaries enjoy the
property as co-
Exception: In an abnormal usufruct, alteration usufructuaries.
is allowed. Simultaneous: at the
same time.
2.
Classification Successive: one after the
other.
Voluntary: created by the As to Limitations
will of private persons Number of • If by donation, ALL
• By act inter vivos – such Beneficiaries donees must be alive. [Art.
as contracts and 756, CC]
donations: • Fiduciary and the second
• By donation of the heir must be alive at the
usufruct; time of the death of the
As to Manner • By retention of the testator. [Art. 863, CC]
of Creation usufruct by donor; • If by testamentary
• Where a usufruct is succession, there must be
constituted inter vivos and only 2 successive
for valuable consideration, usufructuaries, and both
the contract is must be alive or at least
unenforceable unless in already conceived at the
writing; time of the testator’s death
• By act mortis causa – and later born alive. [Art.
such as testament 869, CC]
As to Object Rights: Must not be strictly
of Usufruct personal or
intransmissible.

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Normal: involves non- i.e. over an entire

consumable things which patrimony, a while
the usufructuary can enjoy inheritance of a
without altering their form compulsory heir, a
or substance (e.g. form and dowry;
substance are preserved).
SPECIAL CASES OF USUFRUCT
Abnormal or irregular:
when the usufruct includes a.
Usufruct over a Pension or a Periodical
things which cannot be Income [Art. 570, CC]
used in a manner Covers the right to receive: 1) rent or periodical
appropriate to its nature pensions in money or fruit; 2) interest on bonds
without being consumed, or securities; and 3) enjoyment of benefits from
and if not consumed, may an industrial/commercial enterprise.
be useless. (ex: money,
grain, liquors, per De Leon Each payment/benefit shall be considered a
p. 414). civil fruit. Being a civil fruit, the usufructuary is
Quasi-usufruct [Art. 574, entitled to it in proportion to the time the
CC] Includes things which usufruct lasts. The date when the benefits
cannot be used without accrue determines whether they should belong
being consumed. Money to the usufructuary or to the owner. [De Leon,
may be the object of p. 423]
usufruct.
Pure – without term or b.
Usufruct of Property Owned in Common
[Art. 582, CC]
condition
The usufructuary takes the place of the co-
With a term – with a period,
owner as to:
which may either be
1.
Management;
As to suspensive (from a certain
2.
Fruits; and
Effectivity day) or resolutory (to a
3.
Interest.
certain day)
Conditional – subject to a
Rationale: A co-owner has full ownership of his
condition which may either
part and he may alienate, assign, mortgage or
be suspensive (from a
give it in usufruct without the consent of the
certain event) or resolutory
others [Art. 489, CC]
(until a certain event)
Total: all
Note: If a co-owner gives the usufruct of his
consumed by the
share to a person, the usufructuary shall
usufruct.
exercise all the rights pertaining to the co-
As to Partial:
owner regarding the administration and the
Fruits constituted only on
collection of fruits.
a part or certain
As to Extent aspects of the
Effect of partition:
of the usufruct’s fruits.
1.
The right of the usufructuary is not
Usufruct Singular: only on affected by the division of the property
particular property in usufruct among the co-owners but
As to of the owner. he is considered bound by such
the Universal: partition made by the owners of the
object pertains to the property.
usufruct over
universal property,

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2.
After partition, the usufruct is ensure that the remaining trees may properly
transferred to the part allotted to the co- grow.
owner.
e.
Usufruct on a Right of Action to Recover
c.
Usufruct Constituted on a Flock or Herd Property or Real Rights Over Property
of Livestock [Art. 591, CC] [Art. 578, CC]
●
On sterile stock: same rules on fungible 
The action may be brought in the name
property govern. (i.e. it is an abnormal of the usufructuary.
usufruct – may dispose of or consume 
If the purpose is the recovery of the
the animal [Art. 574, CC] property or right, he also has the right
●
ON FRUITFUL STOCK: Must replace to oblige the owner to give the authority
ordinary losses of the stock with the for such purpose, as well as to furnish
young if: him whatever pieces of evidence he
1.
Some animals die from natural may have.
causes; or; 
Relate to Rule 3, Sec. 2 of the Rules of
2.
Some animals are lost due to Court or any amendments in relation
rapacity of beasts of prey. thereto as usufructuary being a real
party in interest.
Note: If the number of the young
produced is less than the animals that f.
Usufruct on Mortgaged Property [Art.
died from natural causes or due to 600, CC]
beasts of prey, then the usufructuary •
If the usufruct is over the entire
does not have to replace those which patrimony of the owner, Art. 598, CC
are in excess of the young that he should apply. If the usufructuary
currently has. mortgaged the usufruct himself, he is
liable to pay his own debt.
●
No obligation to replace if:
1.
There is a total loss of animals g.
Usufruct over an Entire Patrimony [Art.
because of some unexpected or 598, CC]
unnatural loss (like contagious Applies when:
disease or any other uncommon 1.
The usufruct is a universal one;
event, provided the usufructuary 2.
The naked owner has debts or is
has no fault); or obliged to make periodical payments
2.
All perish, the usufructuary should
deliver the remains to the owner. If General Rule: The usufructuary is NOT
there is partial loss, the usufruct liable for the owner’s debts.
subsists on the remainder.
Exceptions:
d.
Usufruct over Fruit Bearing Trees and 1.
When stipulated, in which case the
Shrubs and Woodlands [Arts. 575-577, usufructuary shall be liable for the debt
CC] specified
The usufructuary may fell or cut trees in 2.
If there is no specification, he is liable
accordance to the following: only for debts incurred by the owner
1.
Habitual felling or cutting of the owner; before the usufruct was constituted
2.
Customs of the place as to manner, 3.
When the usufruct is constituted in fraud
amount, and season of creditors

Note: The rule in accession if a tree falls on h.
Usufruct over Property that Deteriorates
another’s land - he cannot fell or cut trees in a [Art. 573, CC]
manner that will prejudice the land. The •
Definition of Deteriorates: Without
usufructuary may make necessary thinnings to being consumed, gradually deteriorate

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through wear and tear (e.g. House, 1.
To mortgage the right of
furniture, drapes, equipment). The usufruct except parental
usufructuary is not liable for usufruct
deterioration due to fortuitous event. [De 2.
To alienate the usufructuary
Leon, p. 426] right [Paras, pp. 589-590]
•
Right of Usufructuary: To make use of 3.
To bring action and oblige
it in accordance with the purpose for owner to give him proper
which they are intended. authority and necessary proof
•
Obligation of Usufructuary: Returns in a usufruct to recover
the things in the condition in which they property or a real right under
may have been found at the time of the Art. 578
expiration of the usufruct despite
ordinary defects caused by use and 3.
Rights and Obligations of
deterioration produced by age and time.
○
Exception: When it is caused by the
Usufructuary
usufructuary’s fraud and negligence
(His obligation can be set off against Rights
improvements made on the property 
Right to the thing
under art. 580) 
Right to the fruits
•
If usufructuary does not return the 
Right to lease the thing
things upon the expiration of the 
Right to improve the thing
usufruct, he should pay an indemnity

Right of retention
equivalent to the value of the things at 
Right to mortgage or alienate the right of
the time of such expiration. usufruct

Right to bring action [Art. 579, CC]
i.
Usufruct over Consumable Property 
Right to set off improvements [Art. 580, CC]
[Art. 574, CC] 
Right to use/leave dead trunks [Art. 575-
576, CC]
•
Consumable: Cannot be used without

Right to return but indemnify owner if there
being consumed; example: food.
is deterioration [Art. 573, CC]
•
Right of Usufructuary: To make use

Right to exercise rights of co-owner [Art.
of them Obligation of Usufructuary
582, CC]
upon return:
1.
If they were appraised at the time
Obligations:
of delivery, pay their appraised
1.
To make inventory
value.
2.
To give a bond for faithful performance of
2.
If they were not appraised at time
duties as usufructuary
of delivery, either return the same
3.
To take care of the thing
goods in the same quality and
4.
To undertake ordinary repairs
quantity, or pay the current price at
5.
To notify owner of need to undertake
time of cessation of usufruct.
extraordinary repairs
●
Usufruct over hidden treasure: The
6.
To pay annual charges and taxes on the
usufructuary, not being the landowner,
fruits.
is not entitled as owner but is entitled
7.
To shoulder costs of litigation
as finder to one half of the treasure. If
8.
To deliver the thing in usufruct to the owner
somebody else is the finder, the
in the condition received.
usufructuary gets nothing. [4 Manresa,
9.
To pay debts
p. 386-387]
10.
To replace animals that die
●
Rights of the Usufructuary as to the
11.
To make inventory and give security
usufruct itself:

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RIGHTS OF USUFRUCTUARY N.B. In the case of civil

fruits, no need to
a.
Rights as to the Thing and its Fruits prorate,
as civil fruits accrue
[SER3IAL: Set-off, Enjoy, Receive, Remove, daily [Art. 544, CC]
Retain, Improve, Accession, Lease]
a.
To enjoy the property personally [Art. 572, Right to Civil Fruits – deemed to accrue daily
CC] and belong to the usufructuary in proportion to
b.
To receive the fruits of the property [Art. the time the usufruct may last. [Art. 569, CC]
567, CC]
Special Rule as to Usufruct on Rent,
b.
Right to natural and industrial fruits Pension or Interest
pending at the beginning of usufruct Whenever a usufruct is constituted on the right
to receive a rent or periodical pension, whether
Fruits in money or in fruits, or in the interest on bonds
pending at Fruits pending at the or securities payable to bearer, each payment
the termination of the due shall be considered as the proceeds or
beginning of usufruct fruits of such right. [Art. 570 par. 1, CC]
the usufruct
Belong to the Belong to the naked owner Special Rule as to benefits from enterprise
usufructuary with no date fixed for distribution:
Without need The owner shall reimburse Whenever it consists in the enjoyment of
to reimburse to the usufructuary ordinary benefits accruing from a participation in any
the expenses cultivation expenses from industrial or commercial enterprise, the date of
to the owners the proceeds of the fruits the distribution of which is not fixed, such
(not to exceed the value of benefits shall have the same character. [Art.
the fruits) 570 par. 2, CC]

Fruits pending Special Rule for a Usufruct over a co-owned

Fruits pending at the at the property:
beginning of the termination of To exercise all rights of the particular co-owner
usufruct the with respect to the administration and
usufruct collection of fruits/interests from the aliquot
Without prejudice to the Rights of innocent share of property [Art. 582, CC]
right of 3rd persons e.g. 3rd parties should
if the fruits arose by not be Should co-ownership cease by reason of
building, planting, prejudiced. partition, the usufruct of the part allotted to the
sowing by a possessor co-owner shall still belong to the usufructuary.
in good faith, the
pending crop expenses c.
Right to lease the thing in usufruct
of cultivation and of the [Art. 572, CC]
net harvest and
charges shall be 
Can be leased without consent
prorated between said of owner.
possessor and the
usufructuary in Exceptions:
proportion to the time of •
Caucion Juratoria, wherein the lease
possession [Art. 545, would show that the property is not
CC] needed by the usufructuary and
therefore the use for which the usufruct
was constituted is changed.

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•
Condition imposed by naked owner i.e. e.
Right to make improvements on the
Usufruct is purely personal, e.g. title property as he may deem proper
creating usufruct provides that [Art. 579, CC]
usufructuary shall personally use and
enjoy the property given in usufruct. 
He may improve the thing without
•
Legal usufructs cannot be leased. altering its form and substance.

He is not entitled to indemnification.

The period of the lease is co- 
He may also remove improvements
extensive with the period of made by him if it is possible to do so
usufruct. without damage to property.

Exception: Lease of rural lands will subsist Note: The option to remove improvements
during the agricultural year despite belongs to the usufructuary, and the naked
expiration of the usufruct [Art. 572, CC] owner cannot compel him to do so, neither
can the owner compel the usufructuary to
Rules as to Lease: leave the improvements and just pay for
•
A lease executed by the usufructuary their value.
before the termination of the usufruct and
subsisting after the termination of the !
The usufructuary has the right to set-off
usufruct must be respected, but the rents the improvements on the property
for the remaining period will belong to the against any damage to the same [Art.
owner. 580]
•
If the usufructuary has leased the lands or
tenements given in usufruct, and the Note: Registration of improvements – to
usufruct should expire before the protect usufructuary against 3rd persons
termination of the lease, he or his heirs and
successors shall receive only the f.
Right of retention: to retain the
proportionate share of the rent that must be thing/property until he is
paid by the lessee. [Art. 568, CC] reimbursed for taxes on the capital
•
A lease executed by the owner before the and advances for extraordinary
creation of the usufruct is not extinguished expenses [Art. 612, CC]
by such usufruct.
The usufructuary has the right of retention until
Notes: he is reimbursed of the amount he paid for
•
Future crops may be sold but such sale taxes and the increase in value caused by the
would be void if usufruct terminates prior to extraordinary repairs he made.
harvest of future fruits. The buyer’s remedy
is to recover from the usufructuary. RIGHTS AS TO THE LEGAL RIGHT OF
•
The usufructuary-lessor is liable for the act USUFRUCT ITSELF
of the substitute. [ABE – Alienate, Bring action, Exercise all
•
A usufructuary who alienates or leases his rights]
right of usufruct shall answer for any
damage which the things in usufruct may 
To alienate or mortgage the right
suffer through the fault or negligence of the itself [Art. 572, CC]
person who substitutes him. [Art. 590, CC]
The usufructuary may alienate his right of
d.
Right to enjoy any increase which usufruct, even by a gratuitous title (e.g.
the thing may acquire through donation); but all the contracts he may enter
accession [Art. 571, CC] into as such usufructuary shall terminate upon
the expiration of the usufruct. [Art. 572, CC]

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U.P. LAW BOC PROPERTY CIVIL LAW

Except 3.
Gratitude on the donee’s part demands

1.
Parental usufruct [Arts. 225 and 226, FC] that the donor be excused from filing
2.
Usufruct given in consideration of the the bond.
person of the usufructuary intended to 4.
Title constituting usufruct excused
last during his lifetime usufructuary.
5.
A usufructuary may take possession

To bring action and oblige the owner under a caucion juratoria (bond by
to give him proper authority and oath) [Art. 587, CC]
necessary proof in cases of usufruct 6.
When there is waiver by the naked
to recover real property, real right, owner [Paras (Property), p. 612].
or movable property [Art. 578, CC] 7.
When the usufructuary is the donor of
the property who has reserved the
The action may be brought in the name of the usufruct [Art. 584, CC].
usufructuary. 8.
When there is a parental usufruct
under the Family Code [Art. 225, CC].
If a favorable judgement is obtained, the
usufruct shall be limited to the fruits, and the Requisites of Caucion juratoria:
naked ownership shall belong to the owner. 1.
Proper court petition;
[Art. 578, CC] 2.
Usufruct is over a house, furniture or
tools of a trade and the necessity for
OBLIGATIONS OF USUFRUCTUARY delivery of furniture, implements or
house included in the usufruct;

Obligations at the beginning of the 3.
Approval of the court; and
usufruct or before exercising the 4.
Sworn promise.
usufruct
Note: These requirements are not conditions
•
To make, after notice to the owner or his precedent to the commencement of the right of
legitimate representative, an inventory of the usufruct but merely to the entry upon the
all the property, which shall contain an possession and enjoyment of the property.
appraisal of the movables and a
description of the condition of the Effect of failure to give bond: [Art. 586, CC]
immovables [Art. 583 (1), CC] a.
The owner may demand that the
immovable properties be placed under
Exceptions to making inventory administration;
a.
No one will be injured thereby [Art. 585, b.
That the movable properties be sold and
CC] the proceeds of the sale be the property
b.
Title constituting usufruct excused the held in usufruct – legal interest of 6% shall
making of inventory. be the fruits;
c.
Title constituting the usufruct already c.
That the public bonds, instruments of credit
made the inventory. payable to order or to bearer be converted
into registered certificates or deposited in a
•
To give security, binding himself to fulfill bank or public institution; and
the obligations imposed upon him in d.
That the capital or sums in cash and the
accordance with this Chapter. [Art. 583 (2), proceeds of the sale of the movable
CC] property be invested in safe securities.
e.
The owner may, until the usufructuary
Exceptions to Giving Security gives security, retain in his possession the
1.
No prejudice would result; [Art. 585, property in usufruct as administrator,
CC] subject to the obligation to deliver to the
2.
Usufruct is reserved by a donor; [Art. usufructuary the net proceeds, after
584, CC] deducting the sums, which may be agreed

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U.P. LAW BOC PROPERTY CIVIL LAW

upon or judicially allowed him for such usufruct or the fault or negligence of the
administration. usufructuary’s agent. [Art. 590, CC]


Obligations during the usufruct 
Obligations at the Time of the
Termination of the Usufruct
[CAPCORN – Care, Allow improvements, Pay
AIDE (Annual taxes, Interest, Debts, Expenses [RIP – Return, Indemnify, Pay interest]
for litigation), Collect credit, Ordinary repairs, 
To return the thing upon termination.
Replace animals, Notify UP (Urgent repairs, 
To pay legal interest for the duration of the
Prejudicial act)] usufruct on the expenses for extraordinary

To take Care of the property as a good repairs, if naked owner made the repairs
father of the family [Art. 589] [Art. 594, CC]

To make Ordinary repairs – required by the 
To pay proper interest on sums paid as
wear and tear due to the natural use of the taxes by the owner
thing and are indispensable for its 
To indemnify the naked owner for any loss
preservation. [Art. 592, CC] caused by the negligence of the

To inform/Notify the owner of urgent usufructuary or his transferees
extraordinary repairs [Art. 593, CC]

To Allow the naked owner to make works 4.
Rights of the Owner
and improvements of which the immovable
in usufruct is susceptible, or plantings, if
a. At the Beginning of the Usufruct
rural [Art. 595, CC].
See obligations of usufructuary at the
Provided:
beginning of the usufruct discussed above.

The works or improvements are not
prejudicial to the usufructuary’s
rights. b. During the Usufruct

No diminution in the value of the
object in usufruct. 
The owner retains title to the thing or

To pay Annual taxes and charges on the property.
fruits for the time the usufruct lasts. [Art. 
He may alienate the property. [Art. 581,
596, CC] CC] He may not alter the form or substance

To pay Interest on taxes on capital paid by of the thing, nor do anything prejudicial to
the naked owner. [Art. 597, CC] the usufructuary.

To pay Debts if the usufruct is over the 
He may construct buildings, make
entirety of a patrimony [Art. 598, CC] improvements and plantings, provided:

To Secure the approval of the owner or the 
The value of the usufruct is not
court to collect credit which form part of the impaired; and
usufruct, if he has not given proper security 
The rights of the usufructuary are not
or has been excused from giving security. prejudiced. [Art. 595, CC]
[Art. 599, CC] 
He can constitute a voluntary easement

To notify owner of any Prejudicial act to the over land/building held in usufruct without
rights of ownership over the usufruct, by a the usufructuary’s consent. But if it affects
third person. [Art. 601, CC] the usufructuary’s right, the latter must give
his consent. [Art. 689, CC]
Consequence: He is liable for damages if ●
If the easement is perpetual, the
he fails to give notice. consent of both must be obtained. [Art.

To pay Expenses and costs for litigation if 690, CC]
incurred because of the usufruct. [Art. 602,
CC] To answer for fault or negligence of the
one he alienated, leased to the object of the

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U.P. LAW BOC PROPERTY CIVIL LAW


In this case, the death of the

5.
Extinction, Termination, and usufructuary would not affect the
usufruct and the right is instead
Extinguishment transmitted to the heirs of the
usufructuary until the expiration of the
HOW EXTINGUISHED; TERMINATED term or the fulfillment of the condition.

a.
By the death of the usufructuary b.
By the expiration of the period for
which it was constituted
Usufruct is personal and it cannot be extended
beyond the lifetime of the usufructuary. Special Cases of Period:
[Eleizegui v. Lawn Tennis Club, 2 Phil 309 
Special case of juridical persons [Art. 605,
(1903)]. CC]

Usufruct cannot be constituted in favor
This is true even if a resolutory period or of a town, corporation, or association
condition has been stipulated and the for more than 50 years.
usufructuary dies before the expiration of the 
If before the expiration of such period
period or the fulfillment of the condition. [De the town is abandoned, or the
Leon] corporation or association is dissolved,
the usufruct shall be extinguished.
Exceptions 
Special case of third person attaining a

When a contrary intention clearly appears certain age [Art. 606, CC]
[Art. 603, CC] 
Subsists for the period specified (until

The parties may expressly stipulate the birthday at which the person
that the usufruct shall continue even would’ve attained that age)
after the death of the usufructuary until ○
Exception: The usufruct has
the arrival of a period or the happening been expressly granted only in
of a certain event. [Paras] consideration of the existence

In cases of multiple usufructs, the usufruct of such person.
ends at the death of the last survivor [Art.
611, CC]
c.
By the fulfillment of any resolutory

If constituted simultaneously: ALL
USUFRUCTUARIES must be alive or condition provided in the title
at least conceived at the time of the creating the usufruct
constitution [Art. 863, CC] [Paras]

If constituted successively [Paras]: d.
By merger of the usufruct and
○
By virtue of a donation: ALL ownership in the same person
DONEES - USUFRUCTUARIES
must be alive at the time of e.
By renunciation of the
donation [Art. 756, CC]
usufructuary
○
By virtue of a will: there should
only be 2 successive
Limitations [De Leon]
usufructuaries’, and both must
1.
May be made expressly or impliedly,
have been alive at the time of
but must comply with the forms of
testator’s death [Same rule as in
donation
fideicommissary substitution in
2.
Does not require the consent of the
Art. 863 and 869, CC]
naked owner

If the period is fixed using the life of another
3.
If made in fraud of creditors, they may
person as reference or there is a resolutory
rescind the waiver through an action
condition
under Art. 1381, CC (accion pauliana).

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U.P. LAW BOC PROPERTY CIVIL LAW

the depending on the case

f.
By the total loss of the thing in usufructuary (apply Art. 607, CC):
usufruct refuses to
contribute to If the owner does not
Total loss: when the thing in usufruct is the premium rebuild: Usufruct continues
completely destroyed, or perishes, or (Par. 2) over the remaining land and
disappears in such a way that its existence is materials (plus interests)
unknown or it cannot be recovered, or it goes
out of commerce [Art. 1189, CC] If the owner rebuilds:
Usufruct does not continue
Situation Effect on the new building, but
Art. 607, CC owner should pay interest
If destroyed property is not insured on the value of the land and
If usufruct is materials.
If the owner does not When
on the
rebuild: Usufruct continues insurance
building and
over the land and materials taken by Insurance proceeds go to
the land (Par.
(plus interests). usufructuary the usufructuary.
1)
If the owner does not only depends No obligation to rebuild.
rebuild: Usufruct continues on value of Usufruct continues on the
over the land and materials usufructuary’s land.
(plus interests). insurable Owner has no share in
interest insurance proceeds.
If the owner rebuilds: [Labitag
If usufruct is Owner can occupy the land Diagrams]
on the and use the materials.
building only g.
By the termination of the right of
(Par. 2) If the owner occupies the the person constituting the
land and uses the materials, usufruct
he must pay the
usufructuary during the Example: A usufruct constituted by a vendee a
continuance of the usufruct retro terminates upon redemption.
the interest on the value of
the land and materials. h.
By prescription
Art. 608, CC
If destroyed property is insured before •
This refers to acquisitive prescription by a
termination of the usufruct stranger. [Paras]
If the owner rebuilds: •
It is not the non-use which extinguishes the
When Usufructuary can continue usufruct by prescription, but the use by a
insurance enjoying the new building. 3rd person. [Tolentino]
premium paid •
There can be no prescription as long as the
by owner and If the owner does not usufructuary receives the rents from the
usufructuary rebuild: Usufructuary shall lease of the property, or he enjoys the price
(Par. 1) receive interest on the of the sale of his right. [Tolentino]
insurance indemnity.
When the
Owner shall receive the full
insurance is
amount of the insurance
taken by the
indemnity in case of loss,
naked owner
and either of the following,
only because

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U.P. LAW BOC PROPERTY CIVIL LAW

EFFECT OF TERMINATION [ART. 612, given to him, the usufruct being totally
CC] extinguished.
2.
If both the naked owner and the
usufructuary were separately given
a.
Obligations and Rights of the
indemnity [Paras]
Usufructuary [Paras] 
Each owns the indemnity given to him,

Must return the property to the naked
the usufruct being totally extinguished.
owner [Art. 612, CC] 3.
If usufructuary alone was given the

Right to retain the property till he is
indemnity [Paras]
reimbursed 
He must give it to the naked owner and
○
For taxes on the capital which had been
compel the naked owner to return
advanced by him [Art. 597(2), CC]; and either the interest or to replace the
○
Indispensable extraordinary repairs or
property.
expenses insofar as there has been an

He may even deduct the interest
increase in the value [Art. 594(2), CC] himself, if the naked owner fails to

Right to remove removable improvements
object.
[Art. 579, CC] or set them off against
damages he has caused [Art. 580, CC].
b.
Bad Use of Thing in Usufruct [Art.
b.
Obligations of the Owner [Paras] 610, CC]

Bad use of the thing in usufruct does
•
Must cancel the security or mortgage
not extinguish the right of the
after delivery is made [Art. 612, CC]
usufructuary whether there is security
•
Must in case of rural leases, respect
or not.
leases made by the usufructuary, till

If bad use causes considerable injury
the end of the agricultural year [Art.
to the owner:
572, CC]
○
It does not extinguish the
•
Must make reimbursements to the
usufruct but the owner is
usufructuary in the proper cases. [Arts.
entitled to demand delivery and
597 and 594, CC]
administration of the thing with
the obligation to pay annually
ACTS WHICH DO NOT EXTINGUISH the net proceeds.
THE USUFRUCT 
The usufructuary is liable for damages
caused to property.
a.
Expropriation of Thing in Usufruct
[Art. 609, CC] c.
Usufruct over a Building of Thing
in Usufruct [Art. 607 and 608, CC]
1.
If the naked owner alone was given the
indemnity [See table above for the application.]
•
General Rule: The naked owner has
the option
○
To replace it with an equivalent
thing; or
○
To pay to the usufructuary legal
interest on the indemnity. This
requires a security to be given by
the naked owner for the payment of
the interest.
•
Exception: If both the naked owner and
the usufructuary were separately given
indemnity, each owns the indemnity

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U.P. LAW BOC PROPERTY CIVIL LAW

incorporation, by destination or by
analogy. Also, it cannot be established
H.
EASEMENTS on things beyond the commerce of
man, (i.e. property of public dominion).

e.
It limits the servient owner’s right of

1.
Characteristics ownership for the benefit of the
dominant estate.
a.
It is a real right. •
There exists a limitation on ownership:
•
It gives rise to an action in rem or real the dominant owner is allowed to enjoy
action against any possessor of the or use part of the servient estate, and
servient estate. It is enforceable owner of the servient estate is
against the whole world. The owner of restricted in his enjoyment of his
the dominant estate can file a real property. The right given is right of
action for enforcement of right to an limited use, but no right to possess
easement. servient estate.
•
It is essential that there be a benefit
Note: Being a real right, an easement is though it is not essential that it be great
constituted on corporeal immovable property of in character or actually exercised. The
another by virtue of which the owner has to benefit goes to the dominant estate,
refrain from doing, or must allow someone to not necessarily to the owner of said
do something on his property for the benefit of estate. [Paras, p. 653]
another thing or person. It exists only when the •
The right given is the right of limited
servient and dominant estates belong to two use, but no right to possess servient
different owners. It gives the holder of the land estate.
but grants no title thereto. Therefore, an •
Being an abnormal limitation of
acknowledgment of the easement is an ownership, it cannot be presumed.
admission that the property belongs to another.
Having held the property by virtue of an f.
It creates a relation between tenements.
easement, petitioner cannot assert that its •
There is no transfer of ownership but a
occupancy since 1929 was in the concept of an relationship is created, depending on
owner. [Cuaycong v. Benedicto, 37 Phil. 781] the type of easement.
•
General Rule: It may consist in the
b.
It is a right enjoyed over another’s
owner of the dominant estate
property (jus in re aliena).
demanding that the owner of the
•
When the dominant and the servient servient estate refrain from doing
estates have the same owner, the something (servitus in non faciendo) or
easement is extinguished. Separate that the latter permit that something be
ownership is a prerequisite to an done over the servient property
easement. The acknowledgment of an (servitus in patendo), but not in the
easement is an admission that the right to demand that the owner of the
property belongs to another. servient do something (servitus in
faciendo), except if such act is an
c.
It can only exist between neighboring accessory obligation to a praedial
estates in case of real easements. servitude (obligation propter rem). The
servient owner merely allows
d.
It is a right constituted only over an something to be done to his estate.
immovable by nature (land and
•
Praedial servitudes
buildings). [Art. 613, CC]
○
Right to place beams in an
•
It cannot be constituted over movable adjoining wall to support a
properties or even immovable by structure.

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U.P. LAW BOC PROPERTY CIVIL LAW

○
Right to use another’s wall to property and the

support a building. duration exceeds
one year.
g.
It is inherent or inseparable from estate May be constituted May be constituted
to which they actively or passively only on an on real or personal
belong. [Art. 617, CC] immovable by property unless a
•
Easements are merely accessory to nature. contrary intention
the tenements, and a “quality thereof.” appears.
They cannot exist without tenements. Limited to use of Limited right to both
However, they may exist even if they real property of the use and
are not expressly stated or annotated another but without possession of the
as an encumbrance on the titles. the right to possess. property of another.

h.
It is intransmissible. Easement Distinguished from Usufruct

•
It cannot be alienated separately from Easement Usufruct
the tenement affected or benefited. May be constituted
Any alienation of the property covered May be constituted on
only on an
carries with it the servitudes affecting either movable or
immovable by
said property. However, this affects immovable property.
nature.
only the portion of the tenement with Not extinguished by
the easement, meaning that the Extinguished by the
the death of
portions unaffected can be alienated death of usufructuary.
dominant owner.
without the servitude. Non-possessory Involves a right of
right over an possession over an
i.
It is indivisible. [Art. 618, CC] immovable. immovable.
•
If the servient estate is divided between Limited to particular Includes all the uses
two or more persons, the easement is or specific use of and the fruits of the
not modified, and each of them must the servient estate. property.
bear it on the part that corresponds to
him. Note:
•
If the dominant estate is divided 1.
There can be no easement over a usufruct.
between two or more persons, each of Since an easement may be constituted
them may use the easement in its only on a corporeal immovable property, no
entirety, without changing the place of easement may be constituted on a usufruct
its use, or making it more burdensome which is not a corporeal right.
in any other way. 2.
There can be no usufruct over an
easement. While a usufruct may be
j.
It has permanence or is perpetual. created over a right, such right must have
•
Once it attaches, whether used or not, an existence of its own independent of the
it continues and may be used anytime property. An easement cannot be the
•
Perpetual: Exists as long as property object of a usufruct because it has no
exists, unless it is extinguished. existence independent of the property to
which it attaches.
EASEMENTS V. OTHERS 3.
There can be no easement over another
easement for the same reason as in no. 1
Easement Distinguished from Lease above.
Easement Lease
Real right, whether Real right only when General Rules
registered or not. it is registered, or 1.
Nulli res sua servi: No one can have a
when its subject servitude over one’s own property.
matter is real

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U.P. LAW BOC PROPERTY CIVIL LAW

2.
Servitus in faciendo consistere nequit: A [Art. 616, Negative: Prohibits the owner
servitude cannot consist in doing. Although CC] of the servient estate from
some easements seem to impose a doing something that he could
positive prestation upon the owner of the lawfully do if the easement did
servient estate, in reality, the primary not exist
obligation is still negative. Legal [Art. 619 and 634, CC]:
created by law, whether for
Illustration: The owner of a tree whose public use or for the interest of
branches extend over to a neighboring private persons.
property is required to cut off the extended Example: Natural drainage of
branches, but the real essence of the waters, Abutment of land,
easement is the obligation not to allow the Aqueduct, etc.
branches of the tree to extend beyond the Voluntary [Art. 619, CC]:
land. created by the will of the
owners of the estate through
Exception: Praedial servitude, where the contract, last will or donation.
positive obligation is an accessory to the These must be recorded in the
negative easement. [Art. 680, CC] As to its
Registry of Property to
3.
Servitus servitutes esse non potest: There cause or
prejudice third persons.
can be no servitude over another servitude. origin
Mixed: created partly by will or
4.
A servitude must be exercised civiliter, or in agreement and partly by law.
a way least burdensome to the owner of the
servient estate. Note: There is no such thing as
5.
A servitude must have a perpetual cause. a JUDICIAL EASEMENT. The
Courts cannot create
2.
Classification easements, they can only
declare the existence of one, if
Real or Praedial: exists for the it exists by virtue of the law or
As to benefit of a particular will of the parties. [Castro v.
recipient tenement. [Art. 613, CC] Monsod, G.R. No. 183719
of Personal: exists for the benefit (2011)]
benefits of persons without a dominant
tenement [Art. 614, CC] Relevance of Classifications
Continuous: Use is or may be 1.
Determines whether or not the easement
As to its incessant, without the can be acquired by prescription of ten
exercise intervention of any act of man years or by title. [Art. 620 and 622, CC]
[Art. 615, Discontinuous: Used at 2.
Determines how to compute the
CC] intervals, and dependent upon prescriptive period in case it can be
the acts of man. acquired by prescription. [Art. 621, CC]
As Apparent: Made known and 3.
Determines how easement is lost by
indication continually kept in view by prescription [Art. 631(2), CC]
of its external signs that reveal the
existence use and enjoyment of the same LAW GOVERNING LEGAL EASEMENTS
[Art. 615, Non-apparent: No external
CC] indication of their existence. For public easements
Positive: Imposes upon the •
Special laws and regulations relating
As to the thereto. (e.g. PD 1067 (Water Code) and
owner of the servient estate the
object or PD 705 (Forestry Code))
obligation of allowing
obligation
something to be done, or of •
By the provisions of Chapter 2, Title VII,
imposed Book II, CC.
doing it himself.

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U.P. LAW BOC PROPERTY CIVIL LAW

For private legal easements occupy lands of private ownership, the proper
•
By agreement of the interested parties indemnity shall first be paid.
whenever the law does not prohibit it and
no injury is suffered by a 3rd person. 3.
Abutment of a Dam [Art. 639, CC]
•
By the provisions of Chapter 2, title VII, Whenever for the diversion or taking of water
Book II. from a river or brook, or for the use of any other
continuous or discontinuous stream, it should
KINDS OF PRIVATE LEGAL EASEMENTS be necessary to build a dam, and the person
PROVIDED BY THE NEW CIVIL CODE who is to construct it is not the owner of the
banks, or lands which must support it, he may
1.
THOSE ESTABLISHED FOR THE establish the easement of abutment of a dam,
USE OF WATERS OR RELATING TO after payment of the proper indemnity.
WATERS
4.
Drawing Water and Watering Animals
1.
Natural Drainage [Art. 637, CC] [Arts. 640-641, CC]
Lower estates are obliged to receive the waters Compulsory easements for drawing water or
which naturally and without the intervention of for watering animals can be imposed only for
man descend from the higher estates (as well reasons of public use in favor of a town or
as the stones or earth which they carry with village, after payment of the proper indemnity.
them). [Art. 640, CC]

The owner of the lower estate cannot construct Easements for drawing water and for watering
works which will impede this easement; neither animals carry with them the obligation of the
can the owner of the higher estate make works owners of the servient estates to allow passage
which will increase the burden. to persons and animals to the place where
such easements are to be used, and the
Refer to Art. 456 of the Water Code which indemnity shall include this service. [Art. 641,
states that “when artificial means are employed CC]
to drain water from higher to lower land, the
owner of the highest land shall select the routes The width of the easement must not exceed 10
and methods of drainage that will cause the meters. [Art. 657, CC]
minimum damage to the lower lands, subject to
the requirements of just compensation.” [P.D. 5.
Aqueduct [Arts. 642-646, CC]
1067, Water Code] Any person who may wish to use upon his own
estate any water of which he can dispose shall
2.
Riparian Banks [Art. 638, CC] have the right to make it flow through the
The banks of rivers and streams, even in case intervening estates, with the obligation to
they are of private ownership, are subject indemnify their owners, as well as the owners
throughout their entire length and within a zone of the lower estates upon which the waters may
of 3 meters for urban areas, 20 meters for filter or descend. [Art. 642, CC]
agricultural areas and 40 meters for forest
areas (PD 1067, Water Code as amended by Requisites to establish easement of Aqueduct
PD 1067) along their margins, to the easement [Art. 643, CC]:
of public use in the general interest of •
To prove that he can dispose of the
navigation, floatage, fishing, recreation and water and that it is sufficient for the use
salvage. for which it is intended;
•
To show that the proposed right of way
Estates adjoining the banks of navigable or is the most convenient and the least
floatable rivers are subject to the easement of onerous to third persons;
towpath for the exclusive service of river
navigation and floatage. If it be necessary to

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•
To indemnify the owner of the servient to be taken, for the purpose of improving an
estate in the manner determined by the estate.
laws and regulations.
Such person may demand that the owners of
What it cannot be imposed on: Easement of the banks permit its construction, after
aqueduct for private interest cannot be payment of damages, including those caused
imposed on buildings, courtyards, annexes, or by the new easement to such owners and to
outhouses, or on orchards or gardens already the other irrigators.
existing. [Art. 644, CC]
2.
RIGHT OF WAY [Arts. 649-657, CC]
Right of servient estate owner: This easement
does not prevent the owner of the servient Who may demand [Art. 649, CC]
estate from closing or fencing it, or from 1.
The owner of the dominant estate; or
building over the aqueduct in such manner as 2.
Any person with the real right to
not to cause the latter any damage, or render cultivate or use the dominant estate
necessary repairs and cleanings impossible. e.g. a usufructuary, a de jure
[Art. 645, CC] possessor.

Treatment under law: This easement is Note: A lessee cannot demand such
considered as continuous and apparent, even easement, because the lessor is the one bound
though the flow of the water may not be to maintain him in the enjoyment of the
continuous, or its use depends upon the needs property.
of the dominant estate, or upon a schedule of
alternate days or hours. [Art. 646, CC] Note: A right of way can be established through
the will of parties as well, and the provisions on
In the appropriation of water, there is a need to the legal easement of right of way will not
apply for water rights. govern.

Any person having an easement for an Requisites for legal demand to establish the
aqueduct may enter upon the servient land for easement of right of way [Art. 649, CC and
the purpose of cleaning, repairing or replacing Floro v. Llenado, G.R. No. 75723, 1995]]
the aqueduct or the removal of obstructions The dominant estate is surrounded by other
therefrom [P.D. 1067, Water Code] immovables owned by other persons;
1.
There must absolutely be no access
Easements for aqueduct and of right of way i.e. means of entrance or exit/egress
cannot be acquired by prescription because to a public highway;
although it may be apparent, it is discontinuous 2.
Even if there is access, it is difficult or
in character. Under the Water Code of the dangerous to use, or grossly
Philippines, all waters belong to the state. insufficient;
Water legally appropriated shall be subject to •
Mere inconvenience in the use of
the control of the appropriator from the moment an outlet does not render the
it reaches the appropriator from the moment it easement a necessity.
reaches the appropriator’s canal or aqueduct •
An adequate outlet is one that is
leading to the place where the water will be sufficient for the purpose and
used or stored and, thereafter, so long as it is needs of the dominant owner, and
being beneficially used for the purposes for can be established at a reasonable
which it was appropriated. [Art. 8, Water Code] expense.
•
Does not necessarily have to be by
6.
Stop Lock or Sluice Gate [Art. 647, CC] land – an outlet through a
The construction of a stop lock or sluice gate in navigable river or a lake or the sea
the bed of the stream from which the water is

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U.P. LAW BOC PROPERTY CIVIL LAW

if suitable to the needs of the dominant estate, and may accordingly be

tenement is sufficient. changed from time to time. Art. 651, CC]
3.
The isolation of the immovable is not
due to the dominant owner’s own acts Who has the burden of proof in an action for
e.g. if he constructs building to others right of way? The burden of proving the
obstructing the old way; and existence of the prerequisites to validly claim a
4.
There is payment of indemnity. compulsory right of way lies on the owner of the
dominant estate.
If right of way is permanent and continuous for
the needs of the dominant estate = value of the Obligations in Permanent and Temporary
land + amount of damage caused to the Easements of Right of Way
servient estate. Permanent right of Temporary right of
way way
If right of way is limited to necessary passage Indemnity
for cultivation of the estate and for gathering Consists of the
crops, without permanent way = damage Consists of the
damages and the
caused by encumbrance. damages only.
value of the land.
Necessary repairs
Rules for establishing Right of Way Dominant owner to Servient owner to
The easement of right of way shall be spend. spend.
established at the point least prejudicial to the Share in taxes
servient estate, and, insofar as consistent with The dominant owner
this rule, where the distance from the dominant shall reimburse a
estate to a public highway may be the shortest. proportionate share Servient owner to
[Art. 650, CC] of taxes to the spend on such.
proprietor of the
The criterion of least prejudice to the servient servient estate.
estate must prevail over the criterion of
shortest distance although this is a matter of Rules on Indemnity for Estates Enclosed
judicial appreciation. While shortest distance Through a Sale, Exchange, Partition or
may ordinarily imply least prejudice, it is not Donation.
always so as when there are permanent Sale, exchange or
structures obstructing the shortest distance; Donation
partition
while on the other hand, the longest distance Buyer, grantee or done as dominant
may be free of obstructions and the easiest or owners
most convenient to pass through. [Quimen v.
The buyer or grantee
CA, G.R. No. 112331 (1996)]
shall grant the right The donee shall pay
of way without the donor indemnity.
The fact that LGV had other means of egress
indemnity.
to the public highway cannot extinguish the
Seller, grantor or donor as dominant
said easement, being voluntary and not
owners
compulsory. The free ingress and egress along
The donee shall
Mangyan Road created by the voluntary The seller or grantor
grant the right of way
agreement between the parties is thus legally shall pay indemnity.
without indemnity.
demandable with the corresponding duty on
the servient estate not to obstruct the same. [La
Notes on extinguishment
Vista Association v. CA, G.R. No. 95252
(1997)] •
Extinguishment is not automatic. The
owner of the servient estate must ask for
The width of the easement of right of way shall such extinguishment.
be that which is sufficient for the needs of the

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•
Indemnity paid to the servient owner must

be returned without interest. Interest on Party Wall Co-Ownership
account of indemnity is deemed to be rent Shares of the co- Before division of
for use of easement. owners cannot be shares, a co-owner
physically cannot point to any
Special Rights of Way segregated but they definite portion of the

Right of way to carry materials for the can be physically property as
construction, repair, improvement, identified. belonging to him.
alteration or beautification of a building None of the co-
through the estate of another; or owners may use the

Right of way to raise on another’s land community property
scaffolding or other objects necessary for There is no such for his exclusive
the work: The owner of such estate shall be limitation. benefit because he
obliged to permit the act, after receiving would be invading
payment of the proper indemnity for the the rights of the
damage caused him. [Art. 656, CC] others.

Right of way for the passage of livestock Any owner may free
known as animal path, animal trail, watering himself from
places, resting places, animal folds: contributing to the
Governed by the ordinances and In a co-ownership,
cost of repairs and
regulations relating thereto, and, in the partial renunciation
construction of a
absence thereof, by the usages and is allowed.
party wall by
customs of the place. [Art. 657, CC] renouncing all his
rights thereto.
Limitations as to measurements:
•
Animal path - max width of 75 meters. When Existence of Easement of Party Wall
•
Animal trail - max width of 37 meters and is Presumed [Art. 659, CC]
50 centimeters. •
In dividing walls of adjoining buildings up to
•
Watering place for animals - max width of the point of common elevation;
10 meters. •
In dividing walls of gardens or yards
situated in cities, or towns, or in rural
3.
PARTY WALL [Arts. 658-666, CC] communities;
•
In fences, walls and live hedges dividing
Definition rural lands.
A common wall which separates two estates,
built by common agreement at the dividing line Note: A title or an exterior sign, or any other
such that it occupies a portion of both estates proof showing that the entire wall in
on equal parts. controversy belongs exclusively to one of the
adjoining property owners may rebut these
A party wall is a special form of co-ownership presumptions.
(see Art. 658, CC).
•
Each owner owns part of the wall but it Question: In an easement of party wall, what
cannot be separated from the other estate is dominant and what is servient? The
portions belonging to the others. A party party wall itself is servient, while the adjoining
wall has a special characteristic that makes estates belonging to the co-owners of the party
it more of an easement as it is called by wall are dominant. Refer to Arts. 613 and 614
law. of the Civil Code.
•
An owner may use a party wall to the extent
of the ½ portion on his property.

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When Existence of An Exterior Sign Is 
To acquire a half-interest in any increase in

Presumed [Art. 660, CC] height or thickness of the wall, paying a

Whenever in the dividing wall of buildings proportionate share in the cost of the work
there is a window or opening; and the value of the land covered [Art. 665,

Whenever the dividing wall is, on one side, CC].
straight and plumb on all its facement, and 
To renounce his part ownership of a party
on the other, it has similar conditions on the wall if he desires to demolish his building
upper part, but the lower part slants or supported by the wall. [Art. 663, CC] He
projects outward; shall bear all the expenses of repairs and

Whenever the entire wall is built within the work necessary to prevent any damage
boundaries of one of the estates; which the demolition may cause to the

Whenever the dividing wall bears the party wall.
burden of the binding beams, floors and
roof frame of one of the buildings, but not Obligations of Owners of a Party Wall
those of the others; 1.
To contribute proportionately to the repair


Whenever the dividing wall between and maintenance of the party wall [Art. 662,
courtyards, gardens, and tenements is CC].
constructed in such a way that the coping
sheds the water upon only one of the Exception: He renounces his part-
estates; ownership, and this includes the

Whenever the dividing wall, being built of renunciation of the share in the wall and the
masonry, has stepping stones, which at land.
certain intervals project from the surface on
one side only, but not on the other; Exception to exception: He cannot

Whenever lands enclosed by fences or live renounce his part if his building is being
hedges adjoin others that are not enclosed. supported by the party wall.

Note: The deposit of earth or debris on one side 2.
If he raises the height of the wall, he must:
alone is an exterior sign that the owner of that •
Bear the cost of maintenance of the
side is the owner of the ditch or drain. The additions;
presumption is an addition to those •
Bear the cost of construction, if the wall
enumerated in Art. 660, CC. [Art. 661, CC] cannot support the additional height;
•
Give additional land, if necessary to
Rights of Owners of a Party Wall thicken the wall;

Generally, part-owners may use the wall in •
Pay for damages, if necessary, even if
proportion to their respective interests [Art. temporary; and
666, CC], provided that: •
Bear the increased expenses for
•
The right to use by the other party is not preservation. [Art. 664, CC]
interfered with;
•
The consent by the other owner is 4.
EASEMENT OF LIGHT AND VIEW
needed if a party wants to open a [ARTS. 667-673, CC]
window; and
•
The condition of the building is Easement of light (jus luminum)
determined by experts. The right to admit light from the neighboring

To increase the height of the wall [Art. 664, estate by virtue of the opening of a window or
CC]. the making of certain openings.
•
He does this at his expense, including
the thickening of the wall on his land. Easement of view (jus prospectus)
•
He shall indemnify the other party for The right to make openings or windows, to
any damages. enjoy the view through the estate of another
and the power to prevent all constructions or

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U.P. LAW BOC PROPERTY CIVIL LAW

works which would obstruct such view or make •
An easement is created only when the
the same difficult. owner opens up a window and
subsequently prohibits or restrains the
The easement of view necessarily includes the adjacent owner from doing anything that
easement of light, because It is impossible to may tend to cut off or interrupt the light and
have a view only without a light. However, it is the 10-year prescriptive period has lapsed
possible to have light without a view. by a notarial prohibition.

How acquired Note: What is the reason why the easement of

Through a period of prescription of 10 years, light and view and the easement not to build a
counted depending on whether it was positive higher easement (altius non tollendi) cannot go
or negative in nature. together? The reason is because an easement
of light and view requires that the owner of the
Nature [Art. 668, CC] servient estate shall not build to a height that
1.
Positive: Opening a window through a will obstruct the window. They are, as it were,
party wall. the two sides of the same coin. While an
•
Period of prescription begins upon the easement of light and view is positive, that of
opening being made through the wall of altius non tollendi is negative. [Amor v.
another. Florentino, 74 Phil. 403 (1943)]
o
When a part owner of a party wall
opens a window therein, such act Limitations as to measurements
implies the exercise of the right of No windows, apertures, balconies, or other
ownership by the use of the entire similar projections which afford a direct view
thickness of the wall. upon or towards an adjoining land or tenement
•
The easement is created only after the can be made, without leaving a distance of two
lapse of the prescriptive period. meters between the wall in which they are
made and such contiguous property. Neither
2.
Negative: Opening a window through a wall can side or oblique views upon or towards such
on the dominant estate. conterminous property be had, unless there be
•
Period of prescription begins upon the a distance of sixty centimeters. [Art. 670, CC]
formal prohibition upon the owner of the In cases of direct views from the outer line of
adjoining land or tenement. the wall when the openings do not project, the
o
Formal means that the prohibition distance shall be measured from the outer line
has been notarized. Meaning of the latter when they do, and in cases of
notice and demand was given to oblique view from the dividing line between the
the owner of the possible servient two properties. [Art. 671, CC]
estate [Cortes v Yu-Tibo, G.R. No.
911 (1903)] Exception: In buildings separated by a public
o
When a person opens a window on way or alley, not less than 3 meters wide, the
his own building, he is exercising distances required do not apply [Art. 672, CC].
his right of ownership on his
property, which does not establish Exception: The distances may be stipulated
an easement. by the parties, provided that the distance
•
Coexistent is the right of the owner of the should not be less than what is prescribed by
adjacent property to build or plant on his the law (2 meters and 60 centimeters). [Art.
own land, even if such structures or 673, CC]
planting cover the window.
•
If the adjacent owner does not build Whenever by any title a right has been
structures to obstruct the window, such is acquired to have direct views, balconies or
considered mere tolerance and NOT a belvederes overlooking an adjoining property,
waiver of the right to build. the owner of the servient estate cannot build

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thereon at less than a distance of three meters establishing a conduit for the drainage in such
to be measured in the manner provided in manner as to cause the least damage to the
Article 671. [Art. 673, CC] servient estate, after payment of the property
indemnity. [Art. 676, CC]
Note: Breach of the required distances results
into the prescriptive period not running. [Art. Note: When is there a violation of easement of
670, CC] drainage? Refer to Purugganan v. Paredes, 69
SCRA 69: When the roof of the appellants
Notes on the Acquisition of the Easement protrudes by 98 centimeters over the property
•
Period of acquisitive prescription depends of the appellee, so that during a heavy rainfall,
upon whether the easement of light and the propulsion of the water would go as far as
view is positive or negative. one meter over the property of the latter. Also
o
If positive, then the prescription check on Sec. 8.01.05 (d) (1) of the National
period is counted from the day the Building Code.
window is opened.
o
If negative, then the prescription 6.
INTERMEDIATE DISTANCES [Arts.
period is counted from the formal 677-681, CC]
prohibition made on the owner of
the servient estate. [Art. 668, CC] Prohibiting the construction and plantings near
fortified places or fortresses without complying
5.
DRAINAGE OF BUILDINGS [Art. 674, with special laws, ordinances and regulations
CC] relative hereto, Art. 677 of the Civil Code, in
effect, establishes an easement in favor of the
The owner of a building shall be obliged to State. The general prohibition is dictated by the
construct its roof or covering in such manner demands of national security.
that the rain water shall fall on his own land or
on a street or public place, and not on the land No person shall build any aqueduct, well,
of his neighbor, even though the adjacent land sewer, furnace, forge, chimney, stable,
may belong to two or more persons, one of depository of corrosive substances, machinery,
whom is the owner of the roof. or factory which by reason of its nature or
products is dangerous or noxious, without
Even if it should fall on his own land, the owner observing the distances prescribed by the
shall be obliged to collect the water in such a regulations and customs of the place, and
way as not to cause damage to the adjacent without making the necessary protective
land or tenement. [Art. 674, CC] works.

The true easement is where the adjacent These prohibitions cannot be altered or
estate has the obligation of receiving the renounced by stipulation on the part of the
rainwater falling from a neighboring roof and adjoining proprietors.
giving it an outlet on his own lot so as not to
cause damage to the dominant estate. [Art. In the absence of regulations, such precautions
675, CC] shall be taken as may be considered
necessary, in order to avoid any damage to the
Whenever the yard or court of a house is neighboring lands or tenements. [Art. 678, CC]
surrounded by other houses, and it is not
possible to give an outlet through the house Note: For definition of dangerous buildings,
itself to the rain water collected thereon, the please refer to Sec. 1.01.08 (b), R.A. 6541, The
establishment of an easement of drainage can National Building Code. Cases applicable are
be demanded, giving an outlet to the water at De la Torre v. Bicol University, 468 SCRA 542
the point of the contiguous lands or tenements and Tague v. Fernandez, 51 SCRA 181.
where its egress may be easiest, and

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Planting of trees [Art. 679, CC] •
Subjacent: When the supported land is
No trees shall be planted near a tenement or above the supporting land.
piece of land belonging to another except at the
distance authorized by the ordinances or Any proprietor intending to make any
customs of the place. In the absence thereof: excavation contemplated in Arts. 684-686, CC
•
At least 2 meters from the dividing line of shall notify all owners of adjacent lands. [Art.
the estates if tall trees are planted. 687, CC]
•
At least 50 centimeters if shrubs or small
trees are planted. Note: Refer to Castro v. Monsod, 641 SCRA
486 (2011) on the need to annotate an
In case of a violation, a landowner shall have easement of lateral support at the back of the
the right to demand the uprooting of the plant land title of the servient estate where there is
even if it has grown spontaneously. judicial recognition existing.

Branches, Roots and Fruits [Art. 680, CC] 8.
EASEMENT AGAINST NUISANCE
If the branches of any tree should extend over [Arts. 682-683, CC]
a neighboring estate, tenement, garden or
yard, the owner of the latter shall have the right Every building or piece of land is subject to the
to demand that they be cut off. If it be the roots easement which prohibits the proprietor or
of a neighboring tree, which should penetrate possessor from committing nuisance through
into the land of another, the latter may cut them noise, jarring, offensive odor, smoke, heat,
off himself within his property. dust, water, glare and other causes. [Art. 682,
CC].
Fruits naturally falling upon adjacent land
belong to the owner of said land. [Art. 681, CC] Subject to zoning, health, police and other laws
and regulations, factories and shops may be
7.
LATERAL AND SUBJACENT maintained provided the least possible
SUPPORT [Arts. 684-687, CC] annoyance is caused to the neighborhood. [Art.
683, CC]
The proprietor is prohibited from making
dangerous excavations upon his land as to 3.
Modes of Acquiring
deprive any adjacent land or building of
sufficient lateral or subjacent support. [Art. 684, Easements
CC]
An easement is either acquired through a
Any stipulation or testamentary provision title/juridical act or by prescription. [Art. 620
allowing excavations that cause danger to an and 622, CC]
adjacent land or building shall be void. [Art.
685, CC] Kind of How acquired
Easement Title Prescription
The legal easement of lateral and subjacent Continuous and
YES YES
support is not only for buildings standing at the apparent (CA)
time the excavations are made but also for Continuous Non-
YES NO
constructions that may be erected. [Art. 686, apparent (CNA)
CC] Discontinuous
•
Easement of lateral and subjacent support and non-apparent YES NO
is deemed essential to the stability of (DA)
buildings. Discontinuous
•
Lateral: When a vertical plane divides the Non-apparent YES NO
supported and supporting lands. (DNA)

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When an easement is established, all rights negative easement of light and view (altius non
necessary for its use are considered granted. tollendi) i.e. not to build a structure that will
[Art. 625, CC] cover the windows. [Amor v. Florentino, G.R.
No. L-48384 (1943)].
a.
By Title (or by Something Equivalent
to a Title) b.
By Law (Legal Easements)

Something Equivalent to a Title: Refers to law Easements imposed by law have for their
or juridical acts such as donations, contracts, object either public use or the interest of private
or wills. persons. [Art. 634, CC]
•
Continuous and apparent easements may
be acquired by virtue of a title. [Art. 620, These easements may be modified by
CC] agreement of the interested parties, whenever
•
Continuous non-apparent easements, and the law does not prohibit it, or no injury is
discontinuous ones, whether apparent or suffered by a third person. [Art. 636, CC]
not, are acquired only by virtue of a title.
[Art. 622, CC] c.
By Will of the Owner (Voluntary
•
The absence of a document or proof Easements)
showing the origin of an easement which
cannot be acquired by prescription may be Every owner of a tenement or piece of land
cured by a deed of recognition by the may establish thereon the easements which he
owner of the servient estate or by a final may deem suitable, and in the manner and
judgment. [Art. 623, CC] form which he may deem best, provided he
does not contravene the laws, public policy or
Deed of recognition: By an affidavit or a formal public order. [Art. 688, CC]
deed acknowledging the servitude.
Note: If an owner constitutes an easement over
Final judgment: Owner of the dominant estate his own property and makes such easement
must file a case in court to have the easement available to the general public, said owner may
declared by proving its existence through other not arbitrarily discriminate against certain
evidence. persons by not letting them use the easement.
[Negros Sugar Company v Hidalgo, G.R. No.
The existence of an apparent sign of easement L-42334 (1936)]
between two estates, established or
maintained by the owner of both, shall be When the property subject of the easement is
considered, should either of them be alienated, also in usufruct, the owner of the property may
as a title in order that the easement may establish an easement on the property, without
continue actively and passively. This is also consent of the usufructuary; provided, the right
applicable to cases of co-ownership. [Art. 624, of the usufructuary is not injured. [Art. 689, CC]
CC]
Whenever the naked ownership belongs to one
Exception: At the time the ownership of the person and the beneficial ownership to
two estates is divided, the title of conveyance another, no perpetual voluntary easement may
of either of the two estates provides for the be established thereon without the consent of
contrary (says the easement will not continue) both owners. [Art. 690, CC]
or the apparent sign of easement is removed
before the execution of the deed of When the property is co-owned, consent of all
conveyance. [Art. 624, CC] co-owners is required to impose an easement.
[Art. 691, CC]
Illustration: The presence of 4 windows was
considered an apparent sign that created a

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U.P. LAW BOC PROPERTY CIVIL LAW

d.
By Prescription
Example: Easement of drawing water
Continuous and apparent easements may be carries with it the easement of right of way
acquired by prescription of 10 years. [Art. 620, to the place where water is drawn.
CC]
Limitation: Only for the original immovable
Requisites: and the original purpose.
1.
The easement must be continuous and
apparent; 
To make, at his own expense, on the
2.
The easement must have been used for 10 servient estate, any works necessary for
years; and the use and preservation of the servitude,
3.
There is no need for good faith or just title. but without altering it or rendering it more
burdensome. [Art. 627(1), CC]
Computation of time of possession [Art. 
In a right of way, to ask for change in width
621, CC] of easement sufficient for the needs of the
1.
Positive easements: From the day on dominant estate. [Art. 651, CC]
which the owner of the dominant estate, or
the person who may have made use of the The needs of the dominant property
easement, commenced to exercise it upon ultimately determine the width of the
the servient estate passage. And these needs may vary from
2.
Negative easements: From the day on time to time. [Encarnacion v. CA, G.R. No.
which the owner of the dominant estate 77628 (1991)]
forbade, by an instrument acknowledged
before a notary public, the owner of the

To renounce totally the easement, if he
servient estate, from executing an act desires to be exempt from contributing to
which would be lawful without the the expenses. [Art. 628, CC]
easement.
b.
Obligations of Dominant Estate
Note: Example of a continuous and apparent Owner
easement is of light and view, as opposed to a
right of way which is discontinuous but 
To use the easement for the benefit of
apparent, and thus cannot be acquired by immovable and in the manner originally
prescription. established [Art. 626, CC]

Mere passage which was permitted and is If established for a particular purpose, the
under an implied license cannot be the basis of easement cannot be used for a different
prescription. [Archbishop of Manila v. Roxas, one. However, if established in a general
G.R. No. L-7386 (1912)] way, without specific purpose, the
easement can be used for all the needs of
4.
Rights and Obligations of the the dominant estate.
Owners of Dominant and 
To notify the owner of the servient estate
Servient Estates before making repairs and to make repairs
in a manner least inconvenient to the
a.
Rights of Dominant Estate Owner servient estate [Art. 627(2), CC]

Not to alter the easement or render it more

To use the easement and exercise all burdensome. [Art. 627, CC]
rights necessary for it [Art. 625, CC].

The owner of the dominant estate is In an easement of a right of way, widening
granted the right to use the principal the road means making the easement
easement, and all accessory servitudes. more burdensome. [Valderrama v. North

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U.P. LAW BOC PROPERTY CIVIL LAW

Negros Sugar Co., G.R. No. L-23810 Exception: Unless there is an agreement to
(1925)] the contrary.


To contribute to expenses of works 
To pay for the expenses incurred for the
necessary for use and preservation of change of location or form of the easement
servitude, if there are several dominant
estates. [Art. 628, CC] 5.
Modes of Extinguishment
The contribution is in proportion to the Ways by which an easement may be
benefits which each may derive from the extinguished: [Art. 631, CC] [MINERRO –
work. Merger, Impossibility, Non-use, Expiration,
Renunciation, Redemption, Other causes]
c.
Rights of the Servient Estate Owner

By merger in the same person of the

To retain the ownership of the portion of the ownership of the dominant and servient
estate on which the easement is estates – must be absolute, perfect and
established [Art. 630, CC] definite, and not merely temporary. If the

To use the easement, provided he shall merger is temporary, there is at most a
also be obliged to pay the expenses suspension of the easement, but no
necessary for the preservation and use of extinguishment.
the servitude. [par. 2, Art. 628, CC] 
By non-user for ten years – there is
inaction, and not outright renunciation. This
Exception to paying expenses: There is an is due to the voluntary abstention by the
agreement to the contrary. dominant owner, and not due to a fortuitous
event.

To change the place or manner of the use •
If discontinuous easement, period is
of the easement, provided it be equally counted from day it ceased to be used.
convenient [par. 2, Art. 629, CC] If continuous easement, counted from
the day an act adverse to the exercise
In case the easement becomes very of the right of easement took place.
inconvenient for the servient estate owner, •
Note use by a co-owner bars
or if it prevents him from making any prescription as to others as well. [Art.
important works, repairs, or improvements, 633, CC]
the easement MAY BE CHANGED, 
Impossibility of use – impossibility
provided: referred to must render the entire

He offers another place/manner easement unusable for all time.
equally convenient. Impossibility of using the easement due to

Does not cause injury to the dominant the condition of the tenements (e.g.
estate owner. flooding) only suspends the servitude until

Does not cause injury to those who it can be used again.
have a right to use the easement, if
•
Exception: If the suspension exceeds
any.
10 years, the easement is deemed
extinguished by non-use.
d.
Obligations of Servient Estate

By the expiration of the term or the
Owner
fulfillment of the resolutory condition -
applies only to voluntary easements.

Not to impair the use of the easement [Art.

By the renunciation of the owner of the
629(1), CC]
dominant estate – must be specific, clear,

To contribute proportionately to expenses
express (distinguished from non-user); or
if he uses the easement [Art. 628(2), CC]

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U.P. LAW BOC PROPERTY CIVIL LAW


By the redemption agreed upon

between the owners of the dominant
and servient estates.
I.
NUISANCE
Other Causes Not Mentioned in Art. 631, CC

Annulment and rescission of the title 1.
Nuisance per se
constituting the voluntary easement;

Termination of the right of grantor of the
2.
Nuisance per accidens
voluntary easement;

Abandonment of the servient estate;
“Nuisances have been divided into two
Owner of the servient estate gives up
classes: Nuisances per se, and nuisances per
ownership of the easement (e.g. the strip of
accidens” [Iloilo Cold Storage v. Municipal
land where the right of way is constituted)
Council, 24 Phil 471]
in favor of the dominant estate. The
easement is extinguished because
Definition
ownership is transferred to the dominant
A nuisance is any act, omission, establishment,
owner, who now owns both properties.
condition of property, or anything else which:

Eminent domain;

Injures or endangers the health or
The government’s power to expropriate
safety of others; or others (Ex. House
property for public use, subject to the
in danger of falling, fireworks or
payment of just compensation.
explosives factory, houses without

Special cause for extinction of legal
building permits and without provisions
rights of way: if right of way no longer
for disposal of waste matter [Ayala v.
necessary. [Art. 655, CC]
Baretto, 33 Phil. 538]); or

Annoys or offends the senses; (Ex.
Right of way ceases to be necessary [Art. 655,
leather factory, garbage cans, pumping
CC]:
station with a high chimney, smoke,
•
Owner of the dominant estate has joined to
noise [Bengzon v. Prov. of
another abutting on a public road.
Pangasinan, 62 Phil. 816]; or
•
A new road is opened giving access to the

Shocks, defies, or disregards decency
isolated estate.
or morality; (Ex. Movie actress strips
•
Owner of the servient estate must return nude in the lobby of a movie house for
indemnity he received (value of the land) sake of publicity for a movie, citing
with interest deemed as rent. Paras, p. 748); or
•
Requisite: the public highway must  
Obstructs or interferes with the free
substantially meet the needs of the passage of any public highway or
dominant estate. street, or any body of water; (Ex.
Houses or flea market stalls
Note: The Owner of the servient estate constructed in public streets); or
burdened by the right of way may demand that 

Hinders or impairs the use of property
the easement be extinguished when it is shown [Art. 694, CC] (Ex. Illegal constructions
that the easement ceases to be necessary [Art. or activities on another person or
655, CC] entity’s land).

Differentiate Nuisance from Negligence:

Negligence is penalized because of lack of
proper care but a nuisance is wrong not
because of the presence or absence of care,
but because of the injury caused. [Paras
quoting 39 AmJur 282]

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Nuisance Nuisance per se Nuisance per accidens

Definition 
Those which are 
Those that are nuisances because of
unquestionably and under all particular facts and circumstances
circumstances nuisances, surrounding the otherwise harmless cause
such as gambling houses, of the nuisance [Iloilo Cold Storage v.
houses of ill fame, etc. [Iloilo Municipal Council, 24 Phil 471]
Cold Storage v. Municipal 
Generally a question of fact, to be
Council, 24 Phil 471] determined in the first instance before the

Generally defined as an act, term nuisance can be applied to it. [Ibid.]
occupation, or structure, 
That which depends upon certain conditions
which is a nuisance at all and circumstances, and its existence being
times and under any a question of fact, it cannot be abated
circumstances, regardless of without due hearing thereon in a tribunal
location or surrounding. authorized to decide whether such a thing
[Aquino v. Municipality of does in law constitute a nuisance. [Aquino v.
Malay, GR 211356, 29 Municipality of Malay, GR 211356, 29
September 2014] September 2014]
Abatement Since they affect the immediate No authority has the right to compel the
safety of persons and property, abatement of a particular thing or act as a
they may be summarily abated nuisance without reasonable notice to the
under the undefined law of person alleged to be maintaining or doing the
necessity. [Monteverde v. same of the time and place of hearing before a
Generoso, 52 Phil 123] tribunal authorized to decide whether such a
thing or act does in law constitute a nuisance.
[Monteverde v. Generoso, 52 Phil 123]

a.
Public v. Private Nuisance exercise ordinary care to prevent children from
playing therewith or resorting thereto, is liable
Public Nuisance to a child of tender years who is injured
Nuisance that affects a community or thereby, even if the child is technically a
neighborhood or any considerable number of trespasser in the premises. [Jarco Marketing
persons [Art. 695, CC]. (Ex. A noisy or Corp. v. CA, G.R. No. 129792 (1999)]
dangerous factory in a residential district; a
karaoke bar inside a subdivision) Reason for doctrine: Although the danger is
apparent to those of age, it is so enticing or
Private Nuisance alluring to children of tender years as to induce
One that is not included in the foregoing (Public them to approach [Ibid].
nuisance) definition. [Art. 695, CC]
Note: The attractive nuisance doctrine is
One which violates only private rights and generally not applicable to bodies of water in
produces damages to but one or a few specific the absence of some unusual condition or
persons. artificial feature. A swimming pool is not an
attractive nuisance, for while it is attractive, it is
b.
Doctrine of Attractive Nuisance merely a duplication of a work of nature
[Hidalgo Enterprises v. Balandan, G.R. L-3422,
One who maintains on his premises dangerous (1952)]
instrumentalities or appliances of a character
likely to attract children at play, and who fails to

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U.P. LAW BOC PROPERTY CIVIL LAW

3.
Liabilities Note: Art. 698 and 1143(2) does not apply to
easements which are extinguished by
a.
Who are Liable obstruction or non-use for ten years under Art.
1.
Person responsible for creating the 631 [Ongsiako v. Ongsiako, G.R. No. L-7510,
nuisance; If the prejudice exceeds the (1957)]
inconveniences that such proximity
habitually brings, the neighbor who The abatement of a nuisance does not
causes such disturbance is held preclude the right of any person injured to
responsible for the resulting damage, 1 recover damages for its past existence. [Art.
being guilty of causing nuisance. 697, CC]
[Velasco v. Manila Electric Co., 40
SCRA 342] Note: Remedies of abatement and damages
2.
Every successive owner or are cumulative and may both be demanded.
possessor of property who fails or
refuses to abate a nuisance in that b.
Extinctive Prescription – No Extinctive
property started by a former owner or Prescription to abate a nuisance or
possessor is liable therefor in the same Acquisitive Prescription for the right to use
manner as the one who created it. [Art. of the property that creates such nuisance.
696, CC]; The action to abate a public or private
•
Provided that he knew of the nuisance is NOT extinguished by
nuisance and must knowingly prescription. [Art. 1143(2), CC]
fail or refuse to abate the
nuisance [Lambs v. Roberts, 5.
Criminal prosecution as a
196 Ala. 679, quoted by Paras]. remedy
•
“To render the new owner or
possessor liable, it is The remedies against a public nuisance are:
necessary that he has actual 1.
A prosecution under the Penal Code or
knowledge of the existence of any local ordinance; or
the nuisance, and that it is 2.
A Civil Action; or
within his power to abate the 3.
Abatement, without judicial proceedings.
same.” [Art. 699, CC]
•
“If he cannot physically abate
the nuisance without legal
action against another person,
6.
Judgment with abatement as
then he shall not be liable for a remedy
such nuisance.”
3.
A private person or public official The remedies against a public nuisance are:
shall be liable for damages if: 1.
A prosecution under the Penal Code or any
a.
In an extrajudicial abatement; local ordinance; or
b.
He causes unnecessary injury; or 2.
A Civil Action; or
c.
An alleged nuisance is later declared 3.
Abatement, without judicial proceedings.
by the courts to be not a real nuisance. [Art. 699, CC]
[Art. 707, CC]
If a civil action is brought by reason of the
4.
No Prescription maintenance of a public nuisance, such action
shall be commenced by the city or municipal
mayor. [Art. 701, CC]
a.
General Rule
Lapse of time cannot legalize any nuisance,
whether public or private. [Art. 698, CC]

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7.
Extrajudicial abatement as a act does in law constitute a nuisance. [Iloilo

Cold Storage v. Municipal Council, 24 Phil 471]
remedy
b.
Need for Abatement
The remedies against a public nuisance are:
1.
A prosecution under the Penal Code or any One of the most serious hindrances to the
local ordinance; or enjoyment of life and property is a nuisance.
2.
A Civil Action; or Provisions for its abatement are indispensable
3.
Abatement, without judicial (Report of the Code Commission, p.51).
proceedings. [Art. 699, CC]
●
It must be reasonably and efficiently c.
Who May Abate Public Nuisances
exercised.
●
Means employed must not be unduly District Officer
oppressive on individuals. The district health officer shall take care that
●
No more injury must be done to the one or all of the remedies against a public
property or rights of individuals than is nuisance are availed of. [Art. 700, CC]
necessary to accomplish the
abatement. The district health officer shall determine
●
No right to compensation if property whether or not abatement, without judicial
taken or destroyed is a nuisance. proceedings, is the best remedy against a
public nuisance. [Art. 702, CC]
a.
Summary Abatement
Note: If the district health officer or the city
Nuisances per se engineer is not consulted beforehand in the
Since they affect the immediate safety of case of extrajudicial abatement, the person
persons and property, they may be summarily doing the abating is not necessarily liable.
abated under the undefined law of They would be liable for damages under Art.
necessity. [Monteverde v. Generoso, 52 Phil 707 if the abatement is carried out with
123] unnecessary injury, or if the alleged nuisance
is later declared by the courts to be not a real
Nuisances per accidens nuisance [Paras, p. 756]
No authority has the right to compel the
abatement of a particular thing or act as a Private Persons
nuisance without reasonable notice to the Any private person may abate a public
person alleged to be maintaining or doing the nuisance which is specially injurious to him by
same of the time and place of hearing before a removing or, if necessary, destroying the thing
tribunal authorized to decide whether such a which constitutes the same, without committing
thing or act does in law constitute a nuisance. a breach of the peace, or doing necessary
[Monteverde v. Generoso, 52 Phil 123] injury.
If no compelling necessity requires the Other persons authorized by law
summary abatement of a nuisance, the Other persons may be authorized by law to
municipal authorities, under their power to remove nuisances such as in Sitchon v.
declare and abate nuisances, do not have the Aquino, 98 Phil 458 where the Manila charter
right to compel the abatement of a particular authorized the City Engineer to do so.
thing or act as a nuisance without reasonable
notice to the person alleged to be
maintaining or doing the same of the time 8.
Special Injury to Individual
and place of hearing before a tribunal
authorized to decide whether such a thing or A private person may file an action on account
of public nuisance, if it is specially injurious to
himself. [Art. 703, CC]

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which case the nuisance is treated as a private

Any private person may abate a public nuisance with respect to such person.
nuisance which is specially injurious to him by
removing or, if necessary, destroying the thing Requisites of the right of a private
which constitutes the same, without committing individual to bring a civil action to abate a
a breach of the peace, or doing necessary public nuisance [Art. 704, CC]
injury. But if necessary: 
That demand be first made upon the owner
1.
That demand be first made upon the owner or possessor of the property to abate the
or possessor of the property to abate the nuisance;
nuisance; 
That such demand has been rejected;
2.
That demand has been rejected; 
That the abatement be approved by the
3.
That the abatement be approved by the district health officer and executed with the
district health officer and executed with the assistance of the local police; and
assistance of the local police; and 
That the value of the destruction does not
4.
That the value of the destruction does not exceed P3,000.
exceed Three-Thousand Pesos. [Art. 704,
CC] Rules
1.
The right must be exercised only in cases
9.
Right of Individual to Abate of urgent or extreme necessity. The thing
alleged to be a nuisance must be existing
Public Nuisance at the time that it was alleged to be a
nuisance.
Process for Extrajudicial Abatement: 2.
A summary abatement must be resorted to

The district health officer shall take care within a reasonable time after knowledge of
that one or all of the remedies against a the nuisance is acquired or should have
public nuisance are availed of. [Art. 700, been acquired by the person entitled to
CC] abate.

The district health officer shall determine 3.
The person who has the right to abate must
whether or not abatement, without judicial give reasonable notice of his intention to do
proceedings, is the best remedy against a so, and allow thereafter a reasonable time
public nuisance. [Art. 702, CC] to enable the other to abate the nuisance
himself.
Process for Judicial Abatement (through 4.
The means employed must be reasonable
Civil Action): and for any unnecessary damage or force,
1.
General Rule: If a civil action is brought by the actor will be liable. The right to abate is
reason of the maintenance of a public not greater than the necessity of the case
nuisance, such action shall be commenced and is limited to the removal of only so
by the city or municipal mayor. [Art. 701, much of the objectionable thing as actually
CC] causes the nuisance.
2.
Exception: A private person may file an 5.
The property must not be destroyed unless
action on account of a public nuisance if it it is absolutely necessary to do so.
is especially injurious to him. [Art. 703, CC]

Rationale for Exception: An individual who 10.
Right to Damages

has suffered some special damage different
from that sustained by the general public may The abatement of a nuisance does not
maintain a suit in equity for an injunction to preclude the right of any person injured to
abate it, or an action for damages which he has recover damages for its past existence. [Art.
sustained. The action becomes a tort if an 697, CC]
individual has suffered particular harm, in
Abatement and damages are cumulative
remedies.

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11.
Defenses to Action J.
MODES OF ACQUIRING

Remedies of the property owner OWNERSHIP
A person whose property is seized or
destroyed as a nuisance may resort to the Three modes of acquiring ownership:
courts to determine whether or not it was in fact a.
Occupation – Arts. 713-720, CC
a nuisance. b.
Donation – Arts. 712, 725 – 726, CC
1.
An action for replevin; c.
Prescription and Laches – Arts. 712,
2.
To enjoin the sale or destruction of the 1106 – 1107, CC
property;
3.
An action for the proceeds of its sale and 1.
Occupation
damages if it has been sold; or
4.
To enjoin private parties from proceeding How Occupation Effected
to abate a supposed nuisance. 1.
Hunting and Fishing
2.
Finding Hidden Treasures
12.
Who May Sue on Private 3.
Finding of abandoned movables
Nuisance 4.
Finding movables which never had an
owner [Art. 713, CC]
Remedies [Art. 705, CC]
The remedies against a private nuisance are: Kinds of Occupation
1.
A civil action; or 1.
Of Animals
2.
Extrajudicial abatement 
Wild or Feral Animals
Wild animals are possessed only while
Requisites for a valid extrajudicial they are under one’s control [Art. 560,
abatement [Art. 706, CC]: CC]


Tamed/domesticated animals
•
The procedure for extrajudicial abatement
Domesticated or tamed animals are
of a public nuisance by a private person will
considered domestic or tame if they
also be followed.
retain the habit of returning to the
premises of the possessor. [Art. 560,
Note: See municipal health officer under
CC]
Art. 700 and Art. 702.
•
No breach of peace or unnecessary injury
The owner of domesticated animals
may also claim them within 20 days to
Liability for invalid extrajudicial abatement:
be counted from their occupation by
The person (whether private person or public
another person. This period having
official) extrajudicially abating a nuisance is
expired, they shall pertain to him who
liable for damages if:
has caught and kept them. [Art. 716,
a.
If he causes unnecessary injury; or
CC]
b.
If an alleged nuisance is later declared by

Occupation of a Swarm of Bees
the courts to be not a real nuisance.
The owner of a swarm of bees shall
have the right to pursue them to
Methods of abatement [Art. 706, CC]:
another’s land, indemnifying the
1.
By removing the thing causing the
possessor of the latter for damage.
nuisance
2.
By destroying the thing causing the
If the owner has not pursued the
nuisance
swarm, or ceases to do so within 2
consecutive days, the possessor of the
land may occupy or retain the same,

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the owner having lost his ownership by finder. The finder and the owner shall
leaving, abandoned them (no intention be obliged, as the case may be, to
to recover). [Art. 716, CC] reimburse the expenses. [Art. 719, CC]

Pigeons and Fish
Pigeons and fish which from their 3.
Of Land
respective breeding places pass to •
Land cannot be the object of
another pertaining to a different owner occupation. [Art. 714, CC]
shall belong to the latter, provided they •
Land of public dominion belongs to the
have not been enticed by some artifice State.
or fraud. •
Abandoned private lands are deemed
as patrimonial property of the State
2.
Of Other Personal Property

Abandoned – may be acquired 4.
Hidden Treasure


Lost Definition: Any hidden and unknown deposit
Whoever finds a movable, which is not of money, jewelry, or other precious objects,
treasured, must return it to its previous the lawful ownership of which does not appear.
possessor. If the latter is unknown, the [Art. 439, CC]
finder shall immediately deposit it with
the mayor of the city or municipality General Rule: Belongs to the owner of the
where the finding has taken place. land, building, or other property on which it is
found. [Art. 438, CC]
The finding shall be publicily
announced by the mayor for two Exceptions
consecutive weeks in the way he 1.
If discovery made on property of
deems best. another, the State, or any of its
subdivisions AND by chance: one-half
If the movable cannot be kept without shall be allowed to the finder
deterioration, or without expenses 2.
If finder is a trespasser: he shall not be
which considerably diminish its value, it entitled to any share of the treasure
shall be sold at public auction eight 3.
If the things found be of interest to
days after publication. science or the arts: State may acquire
them at their just price, which shall be
Six months from the publication divided in conformity with rule stated [Art.
having elapsed without the owner 438 (3), CC]
having appeared, the thing found, or
its value, shall be awarded to the

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2.
Donation

Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of
another, who accepts it. (simple donation) [Art. 725, CC]

Although under Art. 725, CC, donation is an act, it is really a contract. The essential requisites of
consent, subject matter, and cause must be present. [Tolentino]
Nature Generally, donation includes all forms of gratuitous dispositions.
The patrimony or asset of the donor is decreased, while that of the donee is
Effect
increased.
[CADAF – Capacity, Animus donandi, Delivery, Acceptance, Form]

a.
Capacity of donor to make donation

b.
Donative intent (animus donandi)
c.
Delivery (actual or constructive)
Requisites
d.
Acceptance by donee
e.
Necessary form prescribed by law

Note: Acceptance by the donee is required because donation is never obligatory.

One cannot be compelled to accept the generosity of another.
Other a.
When a person gives to another a thing or right on account of the latter's
instances merits or of the services rendered by him to the donor, provided they do not
considered constitute a demandable debt. (Remuneratory donation) [Art. 726, CC]
as a b.
When the gift imposes upon the donee a burden that is less than the value of
donation the thing given. (Onerous donation) [Art. 726, CC]
Donation Inter Vivos [Art. 729-731, CC]
Donation which shall take effect during the lifetime of the donor upon
concurrence of the requirements of donation, though the property
shall not be delivered until after the donor's death.

General Rule: Irrevocable

Kinds of As to its
Exceptions:
Donations taking effect
a.
Subsequent birth of the donor’s children [Art. 760, CC];
b.
Donor’s failure to comply with imposed conditions [Art. 764,
CC];
c.
Donee’s ingratitude [Art. 765, CC]; or
d.
Reduction of donation by reason of inofficiousness [Art. 752,
CC].
Donation Propter Nuptias [Art. 82, FC]
A special type of donation made by reason of marriage.

Requisites:
a.
Must be made before the celebration of marriage;
b.
Made in consideration of the marriage; and
c.
Made in favor of one or both of the future spouses.

Causes for revocation of donation propter nuptias [Art. 86, FC]:

a.
If the marriage is not celebrated or judicially declared void ab
initio, except donations made in the marriage settlements,
which shall be governed by Article 81;

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U.P. LAW BOC PROPERTY CIVIL LAW

b.
When the marriage takes place without the consent of the
parents or guardian, as required by law;
c.
When the marriage is annulled, and the donee acted in bad
faith;
d.
Upon legal separation, the one being the guilty spouse;
e.
If it is with a resolutory condition and the condition is complied
with; or

When the donee has committed an act of ingratitude as specified by

the provisions of the CC on donations in general.
Donation Mortis Causa [Art. 728, CC]
It only becomes effective upon the death of the donor, as the
donor’s death ahead of the donee works as a suspensive condition
for the existence of the donation.

Characteristics:
a.
The transferor retains ownership and control of the property
while alive;
b.
The transfer is revocable at will before his death; and
The transfer will be VOID if the transferor should survive the
transferee.
a.
Simple - made out of pure liberality or because of the merits
of the donee.
b.
Remuneratory - made for services already rendered to the
donor.
As to cause c.
Onerous - imposes a burden inferior in value to property
or donated.
consideration d.
Improper - burden equal in value to property donated.
e.
Sub-modo or modal - imposes a prestation upon donee as to
how property donated will be applied.
Mixed donations – e.g. sale for price lower than value of property.
[Labitag Syllabus]

Ordinary Propter Nuptias

As to requirement of express acceptance
Necessary [Art. 745-747, CC] Not necessary. Implied acceptance is enough.
As to future property
May include future property (same rule as wills)
Cannot include future property [Art. 751, CC]
[Art. 84, FC]
As to limit on donation of present property
No limit to donation of present property
If present property is donated and property regime
provided legitimes are not impaired. [Art. 750
is other than ACP, limited to 1/5. [Art. 84, FC]
and 752, CC]
As to grounds for revocation
Enumerated in Arts. 760, 764, and 765, CC Enumerated in Art. 86, FC

Inter vivos Mortis causa

As to formalities
Executed and accepted with formalities Must be in the form of a will, with all the formalities
prescribed by CC. [Art. 748 and 749] for the validity of wills. [Art. 728, CC]

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U.P. LAW BOC PROPERTY CIVIL LAW

As to effectivity
Effective during the lifetime of the donor. It
takes effect independently of the donor’s Effective after the death of the donor. [Art. 728, CC]
death. [Art. 729, CC]
As to acceptance
Acceptance must be made after the death of the
donor, the donation being effective only after the
Acceptance must be made during the lifetime death of donor. Acceptance during the donor’s
of the donor. [Art. 746, CC] lifetime is premature and ineffective because there
can be no contract regarding future inheritance.
[Art. 728, CC]
As to transfer of ownership for right of disposition
Ownership is immediately transferred. Upon acceptance by the donee, but the effect of
Delivery of possession is allowed after death. such retroacts to the time of death of the donor.
As to revocation
Irrevocable – may be revoked for the reasons Revocable upon the exclusive will of the donor.
provided in Arts. 760, 764, 765, CC. [Ganuelas v. Cawed, G.R. No. 123968 (2003]
As to reduction or suppression
When it is excessive or inofficious [Art. 750,
CC] or for any of the reasons provided for in
When it is excessive or inofficious, it is reduced
Art. 760, CC. Being preferred, it is reduced
first, or even suppressed.
only after the donations mortis causa had
been reduced or exhausted.
As to effect if donor survives donee
Donation is void. [Maglasang v. Heirs of
Not affected.
Cabatingan, G.R. 131953 (2002)]

FORMALITIES REQUIRED
FOR MOVABLES [Art. 748, CC] FOR IMMOVABLES [Art. 749, CC]
The donation of a movable may be
made orally or in writing. Oral General Rule: Must be in a public document for it to be
donation requires simultaneous valid.
delivery.
If value of property exceeds P5,000: If donation and acceptance are in the same instrument:
a.
Donation and acceptance a.
It must be in a public instrument.
must be in writing; otherwise, b.
Instrument must specify the property donated and
it is void. the value of the charges.
b.
It need not be in public
instrument; neither is it If donation and acceptance are in separate instruments:
necessary that the a.
It must be in a public instrument.
acceptance be in the same b.
Instrument must specify the property and the value
instrument as the deed of of the charges.
donation. [Tolentino] c.
Acceptance must also be in a public instrument.
d.
It must be made during the lifetime of the donor.
If value is P5,000 or less: [Art. 746, CC]
a.
If orally: there must be e.
Donor must be notified in authentic form of such
simultaneous delivery acceptance made in a separate instrument.
b.
If in writing: donation is valid f.
Fact of such notification must be noted in both
even without simultaneous instruments.
delivery

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c.
In every case, acceptance Exceptions:

must be made known to the a.
Donations propter nuptias: need no express
donor for perfection of a acceptance.
donation to take place. [Art. b.
Onerous donations: governed by rules on
746, CC] contracts.

Notes:
a.
Donation of real property in a private instrument is
null and void.
b.
Registration is not necessary for the donation to be
considered valid and effective. This only comes into
play with respect to affected third persons.
c.
There is nothing that prevents the donor or his heirs
to execute a public document ratifying a previous
donation that has been avoided for lack of
compliance with the legal requisites. This
ratification had the effect of a new donation
[Abragan v. Centenera, G.R. No. 22173, (1924)].
d.
Action to declare the inexistence of a void donation
does not prescribe [Art. 1410, CC].

What may be donated

All present property of the donor or part thereof. [Art. 750, CC]
Limitation:
a.
The donor reserves, in full ownership or usufruct, sufficient means for support of himself and
all relatives entitled to be supported by donor at the time of acceptance. [Art. 750, CC]
b.
The donor reserves property sufficient to pay donor’s debts contracted before donation,
otherwise, donation is in fraud of creditors. [Arts. 759, 1387, CC]
c.
Donations provided for in marriage settlements between future spouses – must be not more
than 1/5 of present property. [Art. 84, FC]
d.
Donation propter nuptias by an ascendant consisting of jewelry, furniture or clothing not to
exceed 1/10 of disposable portion. [Art. 1070, CC]
What may not be donated
a.
Future property; those which the donor cannot dispose of at the time of the donation [Art.
751, CC]
b.
More than what he may give or receive by will [Art. 752, CC]. If it exceeds what he may give
or receive by will, then it is considered inofficious.
Limitations
a.
Reservation of sufficient means for support of donor and relatives [Art. 750, CC]
1.
A donor may donate his present property provided he reserves sufficient property in
ownership or in usufruct for the support of himself and all of his relatives who are entitled to
be supported by him.
2.
Present property: property which the donor can rightfully dispose of at the time of donation.
3.
Donation without reservation is not null and void in its entirety; it is only subject to reduction
by the court.
4.
Limitation applies to simple, remunerative and modal donations but not to onerous ones nor
to donations mortis causa.
b.
Donations cannot comprehend future property [Art. 751, CC]
1.
Future property: understood as anything which the donor cannot dispose of at the time of
the donation.
2.
Nobody can dispose of that which does not belong to him.

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3.
Future inheritance cannot be donated because it is considered future property. However,
upon the death of his predecessor, the inheritance ceases to be future and consequently,
may be the object of donation. [Osorio v Osorio, supra]
c.
Amount of donation limited to what donor may give by will [Art. 752, CC]
1.
A person may not donate more than he can give by will.
2.
Limitation applies where donor has forced or compulsory heirs.
Donations made to several persons jointly
A joint donation (donation to two or more persons) could not be accepted by a donee independently
of the other donee/s. [Genato v. de Lorenzo, G.R. No. L-24983 (1968)]

No accretion – one donee does not get the share of the other donees who did not accept. [Art. 753,
CC]

Exception: those given to husband and wife, except when the donor otherwise provides. [Art. 753,
CC]
Donor
Who are allowed: All persons who may contract (of legal age) and dispose of their property. [Art.
735, CC]

Donor’s capacity is determined at the time of the making of donation [Art. 737, CC] Subsequent
incapacity is immaterial.

Note: Capacity to donate is NOT required for donations mortis causa. [Tolentino]

Who are NOT allowed:

a.
Guardians and trustees with respect to the property entrusted to them. [Art. 736, CC]
b.
Those disqualified by reason of public policy: [Art. 739, CC]
c.
Those made between persons guilty of adultery or concubinage at the time of the donation;
d.
Those made between persons guilty of the same criminal offense if the donation is made in
consideration thereof; or
e.
Those made to a public officer, his spouse, descendants, and/or ascendants by reason of
the office.
Donee
Who are allowed to accept donations:
a.
Those who are not specifically disqualified by law. [Art. 738, CC]
b.
Those who are allowed, with qualifications:
1.
Minors, insane/imbecile, deaf-mute and others who are incapacitated [see Art. 38, CC],
provided that their acceptance is done through their parents or legal representatives. [Art.
741, CC]
2.
Conceived and unborn children, provided that the donation is accepted by those who would
legally represent them if they were already born. [Art. 742, CC]

Who are not allowed:

a.
Made between persons who are guilty of adultery or concubinage. [Art. 739, CC]
b.
Made between persons found guilty of the same criminal offense, in consideration thereof.
[Art. 739, CC]
c.
Made to a public officer or his wife, descendant and ascendants, by reason of his office.
[Art. 739, CC]
d.
Those who cannot succeed by will. [Art. 740, CC] – covers those stated under Arts. 1027
and 1032, CC.

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e.
Those made to incapacitated persons, although simulated under the guise of another
contract. [Art. 743, CC]
Acceptance of the donation
Who may accept: [Art. 745, CC]
a.
Donee personally; or
b.
Authorized person with a special power for the purpose, or with a general sufficient power.

When to accept: During the lifetime of the donor and of the donee. [Art. 746, CC]
What the donee acquires with the thing
He shall be subrogated to all the rights and actions that would pertain to the donor in case of eviction.
[Art. 754, CC]
Obligation of the donor
No obligation to warrant. [Art. 754, CC]

Exceptions:

When the donation is onerous. [Art. 754, CC]
In which case, the donor shall be liable for eviction to the concurrence of the burden; and

Liable for eviction or hidden defects in case of bad faith on the donor’s part.
Obligation of the donee
If the donation so states, the donee may be obliged to pay the only debts previously contracted
by the donor and in no case shall he be responsible for the debts exceeding the value of the thing
donated. [Art. 758, CC]
Exception: When a contrary intention clearly appears. [Art. 758, CC]

SPECIAL PROVISIONS
What may be reserved by the donor [Art. 755, CC]
The right to dispose of some of the things donated, or of some amount which shall be a charge
thereon.
Exception: If the donor dies without exercising this right. In which case, the property or amount
reserved shall belong to the done.
Donation of naked ownership to one donee and usufruct to another [Art. 756, CC]
The naked ownership and the usufruct may be donated separately, provided that all the donees
are living at the time of the donation.
Payment of donor’s debt [Art. 758, CC]
a.
If expressly stipulated, the donee must pay only the debts contracted before the donation
unless specified otherwise.
But in no case shall the donee be responsible for debts exceeding the value of the property donated
unless clearly intended.
b.
If there’s no stipulation, the donee will be answerable only for the donor’s debt only in case
the donation is in fraud of creditors. [Art. 759, CC]
Reversion [Art. 757, CC]
The property donated may be restored or returned to:
a.
Donor or his estate (reversion may be for any case and circumstance); or
b.
Other persons (such persons MUST all be living at the time of the donation)

Note: Any reversion stipulated by the donor in favor of a third person in violation of what is provided
in the foregoing shall be void, but shall not nullify the donation.
Double donations [Art. 744, CC]
Rule: Priority in time, priority in right.
a.
If movable: One who first took possession in good faith. [Art. 1544, CC]

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b.
If immovable: One who first recorded in Registry of Property in good faith. [Art. 1544, CC]
c.
If there is no inscription, the one who first took possession in good faith. [Art. 1544, CC]
d.
In the absence thereof (possession), one who can present the oldest title, provided there is
good faith. [Art. 1544, CC]
Excessive/Inofficious Donations [Art. 752, CC]
Inofficious donation: A type of donation in which a person gives or receives more than what he
may give or receive by will. If a donation is inofficious, it shall be reduced with regard to the excess.

But this reduction shall not prevent the donations from taking effect during the life of the donor, nor
shall it bar the donee from appropriating the fruits. [Art. 771, CC]

Note: Only those who, at the time of the donor's death, have a right to the legitime, and their heirs
and successors-in-interest, may ask for the reduction or inofficious donations. [Art. 772, CC]

If, there being two or more donations, the disposable portion is not sufficient to cover all of them,
those of the more recent date shall be suppressed or reduced with regard to the excess. [Art. 773,
CC]
Donations cannot comprehend future property [Art. 751, CC]
Future property: Understood as anything which the donor cannot dispose of at the time of the
donation.

Note: It is immaterial that the then-future property may subsequently belong to the donor. [Tolentino]
In fraud of creditors [Art. 759, CC]
Donation is always presumed to be in fraud of creditors, when at the time thereof the donor did not
reserve sufficient property to pay his debts prior to the donation.
There being no stipulation regarding the payment of debts, the donee shall be responsible for
donor’s debts only when the donation has been made in fraud of creditors, otherwise creditors may
rescind donation by way of accion pauliana.
VOID DONATIONS
a.
Donation between spouses [Art. 87, FC]
General Rule: Every donation or grant of gratuitous advantage, direct or indirect, between the
spouses during the marriage shall be VOID. The prohibition applies to persons living together as
husband and wife without a valid marriage.
Exception: Moderate gifts which the spouses may give each other on the occasion of any family
rejoicing.
b.
Those made between persons mentioned under Art. 739, CC
c.
Those made to persons incapacitated to succeed by will. [Art. 740, CC]

REVOCATION/REDUCTION
Reduction

Total withdrawal of amount, whether the legitime is impaired or not.

Benefits the donor.

Revocation

Amount is only insofar as the legitime is prejudiced.

Benefits the donor’s heirs (except when made on the ground of the appearance of a child).

Revocation due to birth, appearance, or adoption of a child applies only to donations inter vivos
and not to donations mortis causa, onerous donations, and donations propter nuptias. [De Leon,
p. 676]

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Time of Action Transmissibility Effect Liability (Fruits)

Birth, appearance, adoption [Art. 760, CC]
•
Property is
returned.
•
If the property
has been sold,
its value at the
time of
donation shall
be returned.
•
If the property
Within 4 years Transmitted to
was
from birth, children and
mortgaged, the Fruits returned from the filing of
legitimation and descendants upon
donor may the complaint. [Art, 768, CC]
adoption. [Art. 763, the death of donor.
redeem the
CC] [Art. 763, CC]
mortgage, by
paying the
amount
guaranteed,
with right to
recover the
amount from
the done. [Art.
762, CC]
Non-compliance with condition [Art. 764,CC]
May be transmitted
to donor’s heirs and
may be exercised
against donee’s
heirs.
Property returned
Note: Art. 764 does to the donor,
not apply to alienations by the
Within 4 years Fruits received after having failed
onerous donations donee and
from non- to fulfill condition are to be
in view of Art. 733, mortgages void
compliance. returned. [Art. 768, CC]
providing that subject to rights of
onerous donations third persons in
are governed by good faith.
the rules on
contracts. [De Luna
v. Abrigo, 181
SCRA 150 (1990)]

Ingratitude [Art. 765, CC]

Applies to all donations
EXCEPT: Mortis causa; Propter nuptias; Onerous donations

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Property returned,
Not transmitted to but alienations and
Within 1 year after
heirs of donor/ mortgages effected
knowledge by
donee, but if donor before the notation
donor of the fact Fruits received from the filing of
dies during of the complaint for
and it was possible the complaint returned. [Art. 768,
pendency of case, revocation in the
for him to bring the CC]
heirs may be registry of property
action. [Art. 769,
substituted. [Art. subsist. Later ones
CC]
770, CC] shall be void. [Art.
776, CC]
Failure to reserve sufficient means for support [Art. 750, CC]
Reduced to the
At any time, by the
extent necessary to
donor or relatives Not transmissible. Donee entitled. [Art. 771, CC]
provide support.
entitled to support.
[Art. 771, CC]
Inofficiousness for being in excess of what the donor can give by will [Art. 752, CC]
Donation takes
effect on the
Within 5 years from lifetime of donor.
Transmitted to
the death of the Reduction only
donor’s heirs. [Art. Donee entitled. [Art. 771, CC]
donor. [Art. 1149, upon his death with
772, CC]
CC] regard to the
excess. [Art. 771,
CC]
Fraud against creditors [Art. 1381]
Rescission within 4
years from the Returned for the
Transmitted to
perfection of benefit of the Fruits returned, or if impossible,
creditor’s heirs or
donation creditor who indemnify creditor for damages.
successors-in-
(knowledge of the brought the action. [Art. 1385 and 1388, CC]
interest.
donation). [Art. [Art. 1388, CC]
1389, CC]

3.
Prescription
Who may acquire
[See also, Part III. PRESCRIPTION.] Persons who are capable of acquiring property
or rights by the other legal modes may acquire
Definition the same by means of prescription. [Art. 1107
By prescription, one acquires ownership and (1), CC]
other real rights through the lapse of time in the
manner and under the conditions laid down by Minors and other incapacitated persons may
law. In the same way, rights and conditions are acquire property or rights personally or through
lost by prescription. [Art. 1106, CC] their parents, guardians, or legal
representatives.
Note: For purposes of ACQUIRING
OWNERSHIP, only ACQUISITIVE Kinds of prescription
PRESCRIPTION is being referred to. a.
Acquisitive Prescription
•
The acquisition of ownership and other
real rights through possession in the

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concept of owner of a thing in the 
Possession has to be in the concept of

manner and condition provided by law. an owner, public, peaceful, and
•
Ordinary acquisitive prescription: uninterrupted. [Art. 1118, CC]
requires possession of things in good
faith and with just title for the time fixed b.
Extinctive prescription
by law. 
The loss or extinguishment of property
rights or actions through the
Note: Ownership and other real rights possession by another of a thing for the
over immovable property are acquired period provided by law or through
by ordinary prescription through failure to bring the necessary action to
possession of ten years [Art. 1134, enforce one’s right within the period
CC]. fixed by law.

•
Extraordinary acquisitive Acquisitive Extinctive

prescription: acquisition of ownership Prescription Prescription
and other real rights without need of Requires inaction
Requires positive
title or of good faith or any other of the owner out of
action of the
condition. possession or
possessor (a
neglect of one with
claimant) who is not
•
Prescription where possession in a right to bring his
the owner.
good faith converted into action.
possession in bad faith: Applicable to all
Applicable to
a.
Ordinary kinds of rights,
ownership and other
i.
Movable properties - 4 whether real or
real rights.
years [Art. 1132, CC] personal.
ii.
Immovable properties - 10 Vests the property Vests the property
years [Art. 1134, CC] and raise a new title in and raise a new title
b.
Extraordinary: the occupant. in the occupant.
i.
Movable properties - 8 Results in the
years [Art. 1132 and 1140, Merely results in
acquisition of
CC] the loss of a real or
ownership or other
ii.
Immovable properties - 30 personal right, or
real rights in a person
years [Art. 1137, CC] bars the cause of
as well as the loss of
action to enforce
said ownership or real
●
As a mode of acquisition, said right.
rights in another.
prescription requires existence of Should be
following [Tolentino]: Can be proven under affirmatively
a.
Capacity of the claimant to acquire the general issue pleaded and
by prescription; without its being proved to bar the
b.
A thing capable of acquisition by affirmatively pleaded. action or claim of
prescription; the adverse party.
c.
Adverse possession of the thing
under certain conditions; and
d.
Lapse of time provided by law.
e.
Possession must be in the concept
of owner, not holder.

For extraordinary prescription, only
possession in the concept of owner is
required; no need of good faith and just
title.

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Who may acquire by prescription

PRESCRIPTION 1.
Persons who are capable of acquiring
property by other legal modes;
Definition 2.
State;
By prescription, one acquires ownership and 3.
Minors – through guardians of personally.
other real rights through the lapse of time in the
manner and under the conditions laid down by
law. In the same way, rights and conditions are A.
TYPES OF
lost by prescription. [Art. 1106, CC] PRESCRIPTION
In the same way, rights and actions are lost by
prescription. [Art. 1106, CC] Acquisitive Extinctive
Prescription Prescription
Note: The provision impliedly differentiates two Requires positive Requires inaction of
kinds of prescription: acquisitive (par. 1) and action of the the owner out of
extinctive (par. 2). For purposes of possessor (a possession or
ACQUIRING OWNERSHIP, only claimant) who is not neglect of one with a
ACQUISITIVE PRESCRIPTION is being the owner. right to bring his
referred to. action.
Applicable to Applicable to all
Negligence as basis of prescription – both ownership and other kinds of rights,
kinds of prescription are essentially based on real rights. whether real or
negligence of the owner of the right. personal.
Vests the property Vests the property
Retroactive – acquisition of rights through and raises a new title and raises a new title
prescription is retroactive. One is deemed to in the occupant. in the occupant.
have acquired the right at the moment the Results in the Merely results in the
prescription began to run, once the period is acquisition of loss of a real or
completed. ownership or other personal right or
real rights in a bars the cause of
Rationale person as well as the action to enforce
It is purely statutory in origin. It is founded on loss of said said right.
grounds of public policy which requires for the ownership or real
peace of society, that juridical relations rights in another.
susceptible of doubt and which may give rise to Can be proven under Should be
disputes, be fixed and established after the the general issue affirmatively pleaded
lapse of a determinate time so that ownership without its being and proved to bar the
and other rights may be certain for those who affirmatively action or claim of the
have claim in them. pleaded. adverse party.

Requisites of prescription as a mode of 1.
Acquisitive Prescription

acquiring ownership
1.
Capacity to acquire by prescription; a.
acquisition of a right, adverse possession,
2.
A thing capable of acquisition by or usurpation;
prescription; b.
refers to the possessor as the actor, as a
3.
Possession of the thing under certain claimant in possession;
conditions; and c.
vests property;
4.
Lapse of time provided by law. d.
the basis is the assertion of the usurper of
an adverse right, uncontested by the true
owner of the right, and gives rise to the

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presumption that the latter has given up the ownership but the transferor or grantor was not
right to the former. the owner of the property or he has no power
to transmit the right [Art. 1129, CC].
The acquisition of ownership and other real
rights through possession in the concept of b.
Extraordinary
owner of a thing in the manner and condition
provided by law. May be ordinary or a.
a loss of the right and limitation of actions;
extraordinary: b.
refers to the neglect of the owner, who is

Ordinary: requires possession of out of possession;
things in good faith and with just title for c.
bars the right of action;
the time fixed by law. d.
the basis is the probability that alleged right

Extraordinary: acquisition of never existed or has already been
ownership and other real rights without extinguished, or if it exists, the
need of title or of good faith or any other inconvenience caused by the prescription
condition. should be borne by the negligent party.

Prescription where possession in good faith Prescription where the possessor is in bad
converted into possession in bad faith: faith. It does not require good faith or just title
1.
Ordinary but possession for a period longer than

Movable properties - 4 years [Art. 1132, ordinary acquisitive prescription [Pineda,
CC] 2009].

Immovable properties - 10 years [Art.
1134, CC] Requisites
2.
Extraordinary: 1.
Capacity of the possessor to acquire by
#
Movable properties - 8 years [Art. 1132 prescription;
and 1140, CC] 2.
Susceptibility of object to prescription;
#
Immovable properties - 30 years [Art. 3.
Adverse possession of the character
1137, CC] prescribed by law;
4.
Lapse of time required by law; and
Possession has to be in the concept of an 5.
Good faith of possessor or proof of just
owner, public, peaceful, and uninterrupted. title.
[Art. 1118, CC]
2.
Extinctive Prescription
a.
Ordinary
Basis
It requires possession of things in good faith It based on the probability, born of experience,
and with just title for the time fixed by law. that the alleged right which accrued in the past
never existed or has already been
Good faith extinguished; or if it exists, the inconvenience
If he is not aware of the existence of any flaw caused by the lapse of time should be borne by
or defect in his title or mode of acquisition the party negligent in the assertion of his right
which invalidates it [Art. 526 in relation to Art. [Tolentino].
1128, CC] and has reasonable belief that the
person from whom he received the thing was
a.
Characteristics
the owner thereof, and could transmit his
ownership [Art. 1127, CC].
The loss or extinguishment of property rights or
actions through the possession by another of a
Just title
thing for the period provided by law or through
It means that the possessor obtained the
failure to bring the necessary action to enforce
possession of the property through one of the
one’s right within the period fixed by law.
modes recognized by law for acquiring

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b.
Requisites Rights not extinguished by prescription

[Art.1143, CC]
1.
Capacity to acquire by prescription; 
To demand a right of way, regulated in
2.
A thing capable of acquisition by [Art. 649, CC];
prescription; 
To bring an action to abate a public or
3.
Possession of the thing under certain private nuisance.
conditions; and
4.
Lapse of time provided by law. 4.
Action to quiet title if plaintiff
is in possession
c.
Periods
When plaintiff is in possession of the property,
1.
Movables the action to quiet title does not prescribe. The
a.
4 years ‐ If in good faith; and reason is that the owner of the property or right
b.
8 years ‐ If in bad faith [Art. may wait until his possession is disturbed or his
1140 in relation to Art. 1132, title is assailed before taking steps to vindicate
CC]. his right.
2.
Immovables
a.
10 years ‐ If in good faith
b.
30 years ‐ If in bad faith 5.
Void contracts
The action or defense for the declaration of the
B.
WHEN PRESCRIPTION inexistence of a contract does not prescribe.
IS INAPPLICABLE [Art.1410, CC]

6.
Action to demand partition;

1.
By offender
distinguished from laches
The offender can never acquire, through
prescription, movable properties possessed No prescription shall run in favor of a co-owner
through a crime such as robbery, theft, or or co-heir against his co-owners or co-heirs so
estafa [Art. 1133, CC]. long as he expressly or impliedly recognizes
the co-ownership. [Art. 494, CC]
Note: The person who cannot invoke the right
of prescription is the offender or person who Prescription distinguished from laches:
committed the crime or offense, not a Prescription Laches
subsequent transferee who did not participate Concerned with the Concerned with the
in the crime or offense, unless the latter knew fact effect of delay.
the criminal nature of the acquisition of the of delay.
property by the transferor.
A matter of time. Principally a question
of
2.
Registered lands inequity of permitting
a claim to be
No title to registered land in derogation of the
enforced, this
title of the registered owner shall be acquired
inequity being
by prescription or adverse possession. [PD
founded on some
1529]
subsequent change
in the condition or the
3.
Actions to demand right of relation of the
way; to abate a nuisance parties.

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Prescription Laches
Statutory. NOT statutory
C.
PRESCRIPTION OR
Applies at law. Applies at equity LIMITATION OF
Cannot be availed of Being a defense of ACTIONS
unless it is especially equity, need not be
pleaded as an specifically pleaded.
affirmative 1.
To recover movables
allegation.
Based on a fixed NOT based on a The action prescribes in 8 years from the time
time. fixed time. the possession thereof is lost. [Art. 1132 and
1140, CC]

Laches – (or “estoppel by laches”) is However, the action shall not prosper if it is
unreasonable delay in the bringing of a cause brought after 4 years when the possessor has
of action before the courts of justice; it is failure already acquired title by ordinary acquisitive
or neglect, for an unreasonable and prescription. [Art. 1132, CC]
unexplained length of time, to do that which, by
exercising due diligence, could or should have If the possessor acquired the movable in good
been done earlier; it is negligence or omission faith at a public sale, the owner cannot obtain
to assert a right within a reasonable time, its return without reimbursing the price paid.
warranting a presumption that the party entitled [Art.559, CC]
thereto either has abandoned it or declined to
assert it. 2.
To recover immovables
Requisites of Laches: General Rule: Real actions prescribe after 30
1.
Conduct on the part of the defendant years [Art. 1141, CC]
which gives rise to a claim;
2.
Delay in asserting complainant’s rights Exception: The possessor has acquired
(the complainant having ownership of the immovable by ordinary
knowledge/opportunity to file suit); acquisitive prescription through possession of
3.
Lack of knowledge/notice of the part of 10 years. [Art. 1134, CC]
the defendant that the complainant
would assert a right; and 3.
Other actions
4.
Injury or prejudice to the defendant in
the event relief is accorded to the
Action for reconveyance
complainant. ●
Based on fraud: Prescribes 4 years from
the discovery of fraud. [Art. 1391, CC]
7.
Property of public dominion ●
Based on implied or constructive trust:
10 years from the alleged fraudulent
Prescription, both acquisitive and extinctive, registration or date of issuance of
does not run against the State in the exercise certificate of title over the property. [Art.
of its sovereign function to protect its interest 1144, CC]
EXCEPT with respect to its patrimonial
property which may be the object of Prescriptive Action
prescription. [Art. 1113, CC] Period
1. Action to foreclose a
10 years mortgage (from the time the
[Art. principal obligation becomes
1144, CC] due and demandable)
2. Actions upon:

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U.P. LAW BOC PROPERTY CIVIL LAW

a. A written contract
b. An obligation created by D.
INTERRUPTION [ART.
law 1155, CC]
c. A judgment
6 years Actions upon: 1.
When prescription of actions is
[Art. 1. An oral contract interrupted
1145, CC] 2. A quasi-contract a.
They are filed before the court;
b.
When there is a written extrajudicial
5 years All other actions whose demand by the creditors; and
[Art. periods are not fixed in the c.
When there is any written
1149, CC] CC or in other laws. acknowledgment of the debt by the
4 years Actions upon: debtor.
[Art. 1. An injury to the rights of
1145, CC] the plaintiff. 2.
Types of interruption
2. A quasi-delict. 1.
Natural - Any natural cause that
1. Actions for Art. 1147, CC. interrupts the possession for more than
a. Forcible entry within one one year. [Art. 1121, CC]
year from date of 2.
Civil [Art. 1123, CC]
dispossession thru FISTS or 
For acquisitive prescription – starts
unlawful detainer 1 year from from the time judicial summons are
date of last demand. received.
b. Defamation 
For extinctive prescription – starts
from the time action is filed in court,
2. Actions upon an injury to written extrajudicial demand by the
the rights of the plaintiff or creditors is received, or when there
upon a quasi-delict resulting is written acknowledgment of the
from any act of any public debt by the debtor. [Art. 1155, CC]
officer involving the exercise
of powers arising from Suspension in case of acquisitive
Martial Law including the prescription
arrest, detention and/or trial The period of interruption shall be counted in
of the plaintiff. favor of prescription (i.e. as if interruption never
1 year
happened but is merely suspended) if:
3. To recover possession de a.
Judicial summons is void
facto. [Art. 554 (4), CC] b.
Plaintiff should desist from the complaint
c.
Possessor be absolved from the complaint
4. To revoke a donation on
the ground of ingratitude. Note: There is no suspension in extinctive
[Art. 769, CC] prescription.

5. To rescind or recover Effects of interruption

damages if immovable is old 
All the benefits acquired so far from the
with non-apparent burden or possession ceases.
servitude. [Art. 1560 (3,4), 
When the prescription runs again, it will be
CC] reset (i.e. entirely new prescriptive period)

6. To enforce warranty of
solvency of debts in
assignment of credits. [Art.
1629, CC]

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