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Laws - VRC > Property > Flashcards

Property Flashcards

1
Q

All things which are, or may be, the object of appropriation.

A

Property

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2
Q

Act of taking something for one’s own use.

A

Appropriation

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3
Q

Classification of Properties

A

MOPA
1. As to Mobility (Article 414 of the Civil Code)
2. As to Ownership
3. As to Physical Appearance
4. As to Autonomy or Dependence

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4
Q

Properties under As to Mobility

A

A. Real / Immovable Properties
B. Personal / Movable Properties

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5
Q

List of Real / Immovable Properties

A

(Article 415 of the Civil Code)
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;
(3) Everything attached to an immovable in fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals intention to attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable property.

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6
Q

List of Personal / Movable Properties

A

(Article 416 & 417 of the Civil Code)
(1) Those movables susceptible of appropriation which are not included in the preceding article;
(2) Real property which by any special provision of law is considered as personality;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed.
(5) Obligations and actions which have for their object movables or demandable sums; and
(6) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate.

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7
Q

Properties under As to Ownership

A

C. Public Dominion
D. Private Ownership

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8
Q

Public Dominion

A

(Article 420 of the Civil Code)
(1) Those intended for public use, such as roads, canals, rivers, torrents, ports, and bridges constructed by the State, banks, shores, roadsteads, and others of similar character;
(2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth such as minerals, coal, oil, and forest.

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9
Q
  • Outside the commerce of man.
  • They cannot be the subject matter of private contracts or acquisitions.
  • Cannot be made by the state as objects of commerce unless they are converted into patrimonial properties.
  • Thus, they cannot be donated, leased, or sold.
A

Public Dominion

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10
Q

Should a property be actually used for public use or public service to be classified as part or public dominion?

A

No. In the case of Manila Lodge No. 761 v. Court of Appeals, the Supreme Court clarified that in order to be property of public dominion an intention to denote it to public use is sufficient and it is not necessary that it must actually be used as such.

If the property has been intended for such use or service, and it has not been devoted to other uses and no measures have been adopted which amount to a withdrawal thereof from public use or service, the same remains property of public dominion, the fact that it is not actually devoted for public use or service notwithstanding.

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11
Q

Exercised by private individual over their private properties

A

Private Ownership

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12
Q
  • Properties owned by the state in its private capacity.
  • Can be sold, leased, or donated
    Ex. Friar lands, escheated properties and commercial buildings
A

Patrimonial Property

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13
Q

Significance of Classification of Properties
- In the form of Contracts Involving Movable and Immovable Properties

A

(a) Subject matter of specific contracts
- only real property can be the subject to real mortgage
- only personal property can be the subject chattel mortgage
(b) Donations of real property (any value) are required to be in a public instrument. If it is movable and the value exceeds 5,000 pesos it should be in writing

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14
Q

Significance of Classification of Properties
- For Aquisitive Prescription (acquiring a property through laps of time)

A

(a) Real Property can be acquired by prescription
(b) Movables can be acquired by prescription

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15
Q

How many years through Acquisitive Prescription - Real Property (Bad Faith)?

A

30 years

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16
Q

How many years through Acquisitive Prescription - Real Property (Good Faith)?

A

10 years

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17
Q

How many years through Acquisitive Prescription - Movable Property (Bad Faith)?

A

8 years

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18
Q

How many years through Acquisitive Prescription - Movable Property (Good Faith)?

A

4 years

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19
Q

Actions for Recovery of Possession

A

(a) Possession of real property
- Recovered through accion reindicatoria, accion publiciana, ejectment suits such as forcible entry and unlawful detainer.
(b) Possession of movable property
- recovered through filing a case of replevin

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20
Q
  • Independent right of exclusive enjoyment and control of a thing.
  • The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.
  • The owner has also a right of action against the holder and possessor of the thing in order to recover it.
    (Article 428 of the Civil Code)
A

Ownership

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21
Q

The holding of a thing or the enjoyment of a right whether by material occupation or by the fact that the thing or the right is subjected to the action of our will.

A

Possession

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22
Q

Under claim of ownership raises disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property. (Article 433 of the Civil Code)

A

Actual Possession

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23
Q

A accidentally found an iPhone 14 pro max in the comfort room of a mall in Legazpi. Under the laws, can A claim that he is the rightful owner of the phone?

A

No, possession does not make him a owner.

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24
Q

Rights of an Owner

A

UFAADPV
(1) Jus Utendi: Right to enjoy and receive what the property produces.
(2) Jus Fruendi: Right to receive fruits
(3) Jus Accessiones: Right to the accessories
(4) Jus Abutendi: Right to consume a thing by use
(5) Jus Disponendi: Right to alienate, encumber, transform or even destroy the thing owned.
(6) Jus Possidendi: Right to possess the property
(7) Jus Vindicandi: Right to recover possession of property based on a claim of ownership.

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25
Q

Other Rights of an Owner

A
  1. Right to Self-help
  2. Right to Enclose or Fence
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26
Q

Right of an owner to use reasonable counterforce to prevent or stop another person from taking the former’s property.

A

Right to Self-help

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27
Q

Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon.
(Article 430 of the Civil Code)

A

Right to Enclose or Fence

28
Q

An encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner.
(Article 613 of the Civil Code)

A

Easement / Servitude

29
Q

The immovable in favor of which the easement is established.

A

Dominant Estate

30
Q

The immovable which is subject to easement.

A

Servient Estate

31
Q

Easement that use may be incessant, without the intervention of any man.

A

Continuous

32
Q

Easement that is used at intervals, dependent upon the acts of man.

A

Discontinuous

33
Q

Easement that is made known and continually kept in view by external signs that reveal the use and enjoyment of the same.

A

Apparent

34
Q

No external indication of their existence.

A

Non-apparent

35
Q

Modes of Easements / Servitudes

A
  1. By Title
  2. By Prescription
36
Q

Juridical act which gives rise to the servitude (e.g. law, donations, contracts or wills)

A

By Title

37
Q

Requisites if By Prescription:

A
  1. Easement must be continuous and apparent.
  2. Easement must have existed for 10 years.
38
Q

Private property shall not be taken for public use without just compensation.
(Article 3, Section of the Constitution)

A

Right to Receive Just Compensation (in expropriation by the government)

39
Q

The right of the owner of the thing to the products of said thing as well as to whatever is inseparably attached thereto as an accessory.
(Sanchez Roman, Vol. II, p. 89)

A

Right to Accession

40
Q

General Rule: The owner has the right over the fruits of the property owned.
To the owner belongs:
(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits;
(Article 441of the Civil Code)

A

Accession Discreta

41
Q

Right of the owner to anything incorporated or attached to his property, whether such attachment is through natural or artificial causes.

A

Accession Continua

42
Q

Exemption to the General Rule of Accession Discreta

A

ULAP FRUITS
1. In Usufruct
2. In Lease of rural lands
3. In Antichresis
4. In Possession in good faith
5. Fruits naturally falling

43
Q

Shall be entitled to all the natural, industrial and civil fruits of the property. With respect to the hidden treasure which may be found on the land or tenement, he shall be considered a stranger.
(Article 566 of the Civil Code)

A

In Usufruct

Ex. Without having any family to help with the farm, A, a farmer grants him, making B the usufructuary. Once the law grants them the right, the neighbor can take care of the land and produce the crops that grow on it

44
Q

The lessee is entitled to the natural and industrial fruits of the thing leased while the lessor is entitled to civil fruits in the form of the rent paid by the lessee.

A

In Lease of rural lands

45
Q

The creditor acquires the right to receive the fruits of an immovable of this debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit.

A

In Antichresis

46
Q

According to Article 544 of the Civil Code, fruits naturally falling upon adjacent land belong to the owner of the said land and not to the owner of the tree.

A

Fruits naturally falling

47
Q

Exemption to the General Rule of Accession Continua

A

AH NC
(1) Accretion
(2) Hidden Treasure
(3) Nuisance
(4) Co-ownership

48
Q

Process whereby the soil is deposited

A

Accretion

49
Q
  • The soil deposited on the estate fronting the river bank.
  • Automatically owned by the riparian owner from the moment the soil deposit can be seen, but is not automatically registered property, hence, subject to acquisition through prescription by third persons.
A

Alluvium

50
Q

The owner of such estate where the soil was deposited.

A

Riparian Owner

51
Q

Accretion as a mode of acquiring property under said Article 457, requires the concurrence of the following requisites:

A

(1) That the accumulation of soil or sediment be gradual and imperceptible.
(2) That it be the result of the action of the waters of the river; and
(3) That the land where the accretion takes place is adjacent to the bank of the river.

52
Q

Any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear.
(Article 439 of the Civil Code)

A

Hidden Treasure

53
Q

Rules in relation to hidden treasure

A

a. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
b. When the discovery is made on the property of another, or of the state or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure
c. If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated.
(Article 438 of the Civil Code)

54
Q

Right to Recover: Actions for recovery of possession of immovable property

A
  1. Ejectment Suits
    (a) Forcible Entry
    (b) Unlawful Detainer
  2. Accion Publiciana
  3. Accion Reivindicatoria
55
Q

Lawful possessor deprived through FISTS:
- FISTS
- Must be filed 1 year from dispossession (strategy, stealth)

A

Forcible Entry

56
Q

Possessor refused to vacate upon demand by owner.

A

Unlawful Detainer

57
Q

Unlawful Detainer Requisites:

A
  • Legal possession (by permission / tolerance) becomes unlawful upon failure to vacate.
  • Must be filed 1 year from last notice to vacate.
58
Q
  • Recovery of a better right to posses.
  • Judgment as to who has the better right of possession.
  • Also, actions for ejectment not filed within 1 year must be filed as ..
  • Must be filed within 10 years
A

Accion Publiciana

59
Q
  • Recovery of ownership of real property.
  • Including but not limited to possession.
  • Must be filed within 30 years.
A

Accion Reivindicatoria

60
Q

Action for reconveyance of real properties

A
  • Action based on fraud - 4 years
  • Action to quiet title where plaintiff is in possession (imprescriptible)
  • Action to foreclose mortgage: prescribe after 10 years from the time the obligation secured by the mortgage becomes due and demandable.
    All other actions must be filed within 5 years.
61
Q

Any act, omission, establishment, business, condition of property, or anything else which injures or endangers the health or safety of others; annoys or offends the senses; shocks, defies or disregards decency or morality; obstructs or interferes with the free passage of any public highway or street, or any body of water; hinders or impairs the use of property.

A

Nuisance

Ex: A pumping station in a community that produces unnecessary noise, a patis factory near residential area, SPA that offers extra service.

62
Q

The form of ownership of an undivided thing or right belongs to different persons.

A

Co-ownership

63
Q

Requisites of Co-ownership

A

(1) Plurality of owners
(2) Object must be an undivided thing or right
(3) Each co-owner’s right must be limited only to his ideal or abstract share of the whole but not physically identified.

Note: A co-owner, mortgage or encumber his ideal share (other co-owners may exercise right to legal redemption within 30 days from notification of the sale)
No co-owner shall be obliged to remain the co-ownership. Partition or division can be done judicially or extra-judicial.

64
Q

4 Duties of a co-owner

A
  • Duty to obtain consent of all if thing is to be altered even if beneficial; resort to court if non-consent is manifestly prejudicial.
  • Duty to obtain consent of majority with regards to administration and better enjoyment of the thing; controlling interest; court intervention if prejudicial
  • No prescription to run in favor of a co-owner as long as he recognizes co-ownership.
  • Co-owners cannot ask for physical division if it would render thing.
65
Q

Gives gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides.

A

Usufruct

  • right to use (‘Usu’) and fruits (‘fruct’) only
66
Q

Act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. It is a mode of acquiring properties.

A

Donation

Note: In donating an immovable property, donation and acceptance must be done in a public instrument, otherwise donation is voild.

67
Q

The Roman Catholic Church accepted a donation of a real property located in Lipa City. A deed of donation was executed, signed by the donor, Don Mariano, and the donee the Church, as represented by Fr. Damian. Before the deed could be notarized, Don Mariano died. Is the donation valid.

A

No, because the deed of donation is not notarized.

Laws - VRC (10 decks)

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