Modes of Acquiring Ownership and Other Real Rights Flashcards
1
Q
What are the Modes of Acquiring Ownership and Other Real Rights?
A
OILD-STP
- Occupation
- Intellectual Creation
- By operation of Law
- Donation
- Succession (Testate and Intestate)
- Tradition
- Prescription
2
Q
What is the difference between a Mode and a Title?
A
MODE:
Directly and immediately produces a real right.
Cause
Proximate cause
Essence of the right,
which is to be created or transmitted.
TITLE:
Serves merely to give the occasion for its
acquisition or existence.
Means
Remote cause
Means whereby that “essence” is transmitted.
3
Q
What is the difference between Occupation and Posession
Re: Nature
A
Occupation: Mode of acquiring ownership
Possession: Raises the presumption of ownership
4
Q
What is the difference between Occupation and Posession
Re: Type of property
A
Occupation: Only of corporeal personal property
Possession: Over any kind of property
5
Q
What is the difference between Occupation and Posession
Re: Existence of an owner
A
Occupation: Object must be
without an owner (res nullius)
Possession: Object may be with or without an owner
6
Q
What is the difference between Occupation and Possession
Re: State of mind (?)
A
Occupation: Requires an intent to acquire ownership
Possession: May be had in the concept of a mere holder
7
Q
What is the difference between Occupation and Possession
Re: Relation to each other
A
Occupation: May not take place without some form of possession
Possession: May exist without occupation
8
Q
What is the difference between Occupation and Possession
Re: Duration
A
Occupation: Short Duration
Possession: Generally of longer duration
9
Q
What is the difference between Occupation and Possession
Re: leading to another mode of acquisition
A
Occupation: Cannot lead to
another mode of acquisition
Possession: May lead to another mode which is
prescription
10
Q
How is occupation effected?
A
a. By hunting and fishing
b. By finding movables which never had any owner
c. By finding movables which have been abandoned by the owner
d. By finding [See Arts 438-439, CC]
11
Q
What are the requisites of Occupation?
A
- The property must be a corporeal personal property susceptible of appropriation;
- The property is either res nullius (no owner) or res derelict (abandoned property);
- There is seizure or apprehension with the intent to appropriate; and
- There is an observance of requisites or conditions prescribed by law. [Labitag]
12
Q
What are the different classification for occupation?
A
a. of animals
b. of other personal property
c. of land - not allowed [Art 714}
13
Q
What are kinds of occupation of animals?
A
a. wild or feral animals
b. tamed / domesticated animals
14
Q
How is occupation exercised over wild or feral animals?
A
Wild or feral animals
hidden treasures – seizure
(hunting/fishing) in open season by means not prohibited.
15
Q
How is occupation exercised over tamed / domesticated animals?
A
General Rule: belong to the tamer for as long as tamed animal retains the habit of returning to the place where it is kept, but upon recovering freedom, are susceptible to occupation unless claimed within 20 days from seizure by another. [Art. 716, CC] i.e. not acquired by occupation except when abandoned by owner.
16
Q
What are the kinds of occupation of other personal property?
A
a. Abandoned – may be acquired
b. Lost
c. Hidden treasure – finder gets ½ by occupation; landowner gets ½ by accession; except in CPG system, share goes to the partnership.
17
Q
Can land be the object of occupation?
A
Land cannot be the object of occupation [Art. 714, CC]
ARTICLE 714. The ownership of a piece of land cannot be acquired by occupation. (n)
Land of Public Domain: belong to the State
Abandoned Private Land: deemed as patrimonial property of the State
18
Q
What are the rules re Occupation of a Swarm of Bees?
A
The owner of a swarm of bees shall have a right to pursue them to another’s land, indemnifying the possessor of the latter for the damage.
If the owner has not pursued the swarm, or ceases to do so within 2 consecutive days, the possessor of the land may occupy or retain the same, the owner having lost his ownership by leaving, abandoned them (no more intention to recover).
19
Q
What are the rules re Occupation of Domesticated Animals?
A
[Art. 560, CC]
Wild animals are possessed only while they are under one’s control; domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor.
20
Q
What are the rules re Pigeons and fish (occupation)?
A
[Art. 717, CC]
Pigeons or fish which change their breeding place to another belonging to a different owner. Unless enticed by some artifice or fraud, they shall belong to the owner of the breeding place to which they have transferred.
21
Q
What is the rule re Hidden Treasure
A
a. He who by chance discovers hidden treasure in another’s property: ½ shall be allowed to the finder.
b. 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.
22
Q
What are the Rules re Lost Movables; Procedure After Finding Lost Movables?
A
a. Rights and obligations of the finder of lost personal property are based on a quasi-contract.
b. One who has lost his property does not necessarily abandon it.
c. Lost things cannot be acquired by prescription, even if extraordinary.
d. Owner may still recover it from the person in possession of the same.
e. If the owner is not known, finder must deliver the thing to the mayor of the city or municipality where it was found. The finding shall be publicly announced by the mayor for two consecutive weeks as he deems best.
f. Abandonment must be voluntary and intentional. Implied abandonment is presumed when six (6) months from publication have elapsed without the owner having appeared - in which case, the thing is awarded to the finder.
g. If the owner should appear in time, he is obliged to give finder a reward one-tenth of the sum or price of the thing found. [Art. 720, CC]
h. The expenses, including transportation, storage, and publication, shall be reimbursed by the finder, or by the owner in case the latter claims the thing.
23
Q
What is a donation?
A
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]
24
Q
What is the nature of a donation?
A
Generally, donation includes all forms of gratuitous dispositions.
25
What is the effect of a donation?
The patrimony or asset of the donor is decreased, while that of the donee is increased.
26
What are the requisites of a Donation?
[CADAF – Capacity, Animus donandi, Delivery, Acceptance, Form]
Requisites
a. Capacity of donor to make donation
b. Donative intent (animus donandi)
c. Delivery (actual or constructive)
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.
27
What are other instances considered as a donation?
a. When a person gives to another a thing or right on account of the latter's merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt. (Remuneratory donation) [Art. 726, CC]
b. When the gift imposes upon the donee a burden that is less than the value of the thing given. (Onerous donation) [Art. 726, CC]
28
What are the different classifications of donation?
a. as to its taking effect
| b. as to cause or consideration
29
What are the kinds of donations as to its taking effect?
a. Donation Inter Vivos
b. Donation Propter Nuptias
c. Donation Mortis Causa
30
What are the kinds of donations as to cause or consideration?
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.
c. Onerous - imposes a burden inferior in value to property donated.
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.
f. Mixed donations – e.g. sale for price lower than value of property. [Labitag Syllabus]
31
What are 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.
32
What is the general rule re a Donation Inter Vivo's revocability?
General Rule: Irrevocable
33
What are the exceptions to the rule of irrevocability of donation inter vivos?
Exceptions:
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].
34
What is a Donation Propter Nuptias?
[Art. 82, FC]
A special type of donation made by reason of marriage.
35
What are the requisites for a Donation Propter Nuptias?
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.
36
What are the 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;
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
f. When the donee has committed an act of ingratitude as specified by the provisions of the CC on donations in general.
37
What are 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.
38
What are the characteristics of Donation Mortis Causa?
a. The transferor retains ownership and control of the property while alive;
b. The transfer is revocable at will before his death; and
c. The transfer will be VOID if the transferor should survive the transferee.
39
What is a simple donation?
Simple - made out of pure liberality or because of the merits of the donee.
40
What is remuneratory donation?
Remuneratory - made for services already rendered to the donor.
41
What is an onerous donation?
Onerous - imposes a burden inferior in value to property donated.
42
What is an improper donation?
Improper - burden equal in value to property donated.
43
What is an sub-modo or modal donation?
Sub-modo or modal - imposes a prestation upon donee as to how property donated will be applied.
44
What are mixed donations?
Mixed donations – e.g. sale for price lower than value of property.
45
What is the difference bet. Ordinary Donations and Donations Propter Nuptias as to requirement of express acceptance?
Ordinary:
Necessary [Art. 745-747, CC]
Propter Nuptias:
Not necessary. Implied acceptance is enough.
46
What is the difference bet. Ordinary Donations and Donations Propter Nuptias as to future property?
Ordinary:
Cannot include future property [Art. 751, CC]
Propter Nuptias:
May include future property (same rule as wills) [Art. 84, FC]
47
What is the difference bet. Ordinary Donations and Donations Propter Nuptias as to limit on donation of present property?
Ordinary:
No limit to donation of present property provided legitimes are not impaired. [Art. 750 and 752, CC]
Propter Nuptias:
If present property is donated and property regime is other than ACP, limited to 1/5. [Art. 84, FC]
48
What is the difference bet. Ordinary Donations and Donations Propter Nuptias as to grounds for revocation?
Ordinary:
Enumerated in Arts. 760, 764, and 765, CC
Propter Nuptias:
Enumerated in Art. 86, FC`
49
What is the difference bet. Donation Inter Vivos and Mortis Causa as to formalities?
Inter Vivos:
Executed and accepted with formalities prescribed by CC (Art. 748 and 749).
Mortis Causa:
Must be in the form of a will, with all the formalities for the validity of wills. [Art. 728, CC]
50
What is the difference bet. Donation Inter Vivos and Mortis Causa as to effectivity?
Inter Vivos:
Effective during the lifetime of the donor. It takes effect independently of the donor’s death. [Art. 729, CC]
Mortis Causa:
Effective after the death of the donor. [Art. 728, CC
51
What is the difference bet. Donation Inter Vivos and Mortis Causa as to acceptance?
Inter Vivos:
Acceptance must be made during the lifetime of the donor. [Art. 746, CC]
Mortis Causa:
Acceptance must be made after the death of the donor, the donation being effective only after the death of donor. Acceptance during the donor’s lifetime is premature and ineffective because there
can be no contract regarding future inheritance. [Art. 728, CC]
52
What is the difference bet. Donation Inter Vivos and Mortis Causa as to transfer of ownership for right of disposition?
Inter Vivos:
Ownership is immediately transferred. Delivery of possession is allowed after death.
Mortis Causa:
Upon acceptance by the donee, but the effect of such retroacts to the time of death of the donor.
53
What is the difference bet. Donation Inter Vivos and Mortis Causa as to revocation?
Inter Vivos:
Irrevocable - may be revoked for the reasons provided in Arts. 760, 764, 765 CC
Mortis Causa:
Revocable upon the exclusive will of the donor.
54
What is the difference bet. Donation Inter Vivos and Mortis Causa as to reduction or suppression?
Inter Vivos:
When it is excessive or inofficious [Art. 750, CC] or for any of the reasons provided for in Art. 760, CC. Being preferred, it is reduced only after the donations mortis causa had been reduced or exhausted.
Mortis Causa:
When it is excessive or inofficious, it is reduced first, or even suppressed.
55
What is the difference ber. Donation Inter Vivos and Mortis Causa as to effect if donor survives donee?
Inter Vivos:
Not Affected
Mortis Causa:
Donation is void [Maglasang v. Heirs of Cabatingan, G.R. 131953 (2002)]
56
What is controlling in determining whether the donation is mortis causa or inter vivos?
The nature of the act, whether it’s one of disposition or of execution, is controlling to determine whether the donation is mortis causa or inter vivos. [Tolentino]
What is important is the time of transfer of ownership even if transfer of property donated may be subject to a condition or a term. [Labitag Syllabus]
Whether the donation is inter vivos or mortis causa depends on whether the donor intended to transfer ownership over the properties upon the execution of the deed. [Gestopa v. CA, G.R. No. 111904 (2002)
57
What are the formalities required for donation of movables?
The donation of a movable may be made orally or in writing. Oral donation requires simultaneous delivery.
58
What are the formalities required for donation of movables with value exceeding P5,000?
a. Donation and acceptance must be in writing; otherwise, it is void.
b. It need not be in public instrument; neither is it necessary that the acceptance be in the same instrument as the deed of donation. [Tolentino]
59
What are the formalities required for donatino of movables with value of P5,000 or less?
a. If orally: there must be simultaneous delivery
b. If in writing: donation is valid even without simultaneous delivery
c. In every case, acceptance must be made known to the donor for perfection of a donation to take place. [Art. 746, CC]
60
What are the formalities required for donation of immovables?
General Rule: Must be in a public document for it to be valid.
61
What are the formalities required for donation of immovables if donation and acceptance are in the same instrument?
If donation and acceptance are in the same instrument:
a. It must in a public instrument.
b. Instrument must specify the property donated and the value of thqe charges.
62
What are the formalities required for donation of immovables if donation and acceptance are in separate instruments?
If donation and acceptance are in separate instruments:
a. it must be in a public instrument
b. instrument must specify the property and the value of the charges
c. acceptance must also be in a public instrument
d. it must be made during a lifetime of the donor [Art 746, CC]
e. Donor must be notified in authentic form of such acceptance made in a separate intrument.
f. fact of such notifiaction must be noted in both instruments.
63
What are the exceptions to the formalities required on donations of formalities?
a. Donations propter nuptias: need no express acceptance
| b. Onerous donations: governed by rules on contracts
64
What is the effect of donation of real propert in a private instrument?
Donation of real property in a private instrument is null and void.
65
Is registration necessary for the donation (immovable) to be considered valid and effective?
NO.
Registration is not necessary for the donation to be considered valid and effective. This is only comes into play with respect to affected third persons
66
Does an action to declare the inexistence of a void donation prescribe.
NO.
Action to declare the inexistence of a void donation does not prescribe [Art. 1410, CC].
67
Is a donor and his heirs prevented from executina a public document ratifying a previous donation that has been avoided for lack of compliance with legal requirements?
NO.
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)].
68
What may be donated?
All present property of the donor or part thereof. [Art. 750, CC]
69
What are the limitations in what may be donated?
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]
70
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
71
What does the limitation of 'reservation of sufficient means for support of donor and relatives' entail?
[Art. 750, CC]
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.
72
What is considered 'present property' of the donor?
Present property: property which the donor can rightfully dispose of at the time of donation.
73
Is a donation without reservation null and void in its entirety?
NO.
Donation without reservation is not null and void in its entirety; it is only subject to reduction by the court.
74
To which donations does the limitation of 'reservation of sufficient means for support of donor and relatives' not apply?
Does not apply to:
- onerous donations
- donations mortis causa
Apply to:
- simple
- remunerative
- modal
75
What is considered 'future property'?
Future property: understood as anything which the donor cannot dispose of at the time of the donation.
76
What are the limitations on donation?
a. Reservation of sufficient means for support of donor and relatives [Art. 750, CC]
b. Donations cannot comprehend future property [Art. 751, CC]
c. Amount of donation limited to what donor may give by will [Art. 752, CC]
77
What is the rationale on prohibition on donating future property?
Nobody can dispose of that which does not belong to him.
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]
78
What does the limit on donation that 'amount of donation limited to what donor may give by will' entail?
1. A person may not donate more than he can give by will.
| 2. Limitation applies where donor has forced or compulsory heirs.
79
Is there accretion on donations made to several persons jointly?
NO.
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]
80
Can a joint donation be accepted by a donee independently?
NO.
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)]
81
What is a joint donation?
donation to two or more persons
82
Who may be a donor?
All persons who may contract (of legal age) and dispose of their property. [Art. 735, CC]
83
When is donor's capacity determined?
Donor’s capacity is determined at the time of the making of donation [Art. 737, CC] Subsequent incapacity is immaterial.
84
Is capacity to donate required for donations mortis causa?
NO.
Capacity to donate is NOT required for donations mortis causa. [Tolentino]
85
Who are not allowed to donate?
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.
86
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:
87
Who are allowed to accept donations '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]
88
Who are not allowed to accept donations?
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.
e. Those made to incapacitated persons, although simulated under the guise of another contract. [Art. 743, CC]
89
Who may accept the donation?
[Art. 745, CC]
a. Donee personally; or
b. Authorized person with a special power for the purpose, or with a general sufficient power.
90
When should a donation be accepted?
During the lifetime of the donor and of the donee. [Art. 746, CC]
91
What does the donee acquire 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]
92
What are the obligations of the donor?
No obligation to warrant. [Art. 754, CC]
Exceptions:
a. 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
b. liable for eviction or hidden defects in case of bad faith on the donor’s part.
93
What are the obligations 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]
94
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 donee.
95
What is the requirement for 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.
96
What is the rule re priority in double donations?
Rule: priority in time, priority in right
a. If movable: One who first took possession in good faith. [Art. 1544, CC]
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]
97
Who is prioritized in double donations of movables?
If movable: One who first took possession in good faith. [Art. 1544, CC]
98
Who is prioritized in double donations of immovables?
If immovable: One who first recorded in Registry of Property in good faith. [Art. 1544, CC]
99
Who is prioritized in double donation when there is no inscription?
If there is no inscription, the one who first took possession in good faith. [Art. 1544, CC]
100
Who is prioritized in double donation in the absence of possession?
In the absence thereof (possession), one who can present the oldest title, provided there is good faith. [Art. 1544, CC]
101
What are inofficious donations?
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.
102
Does reduction of an inofficious donation prevent the donations from taking effect during the lifetime of the donor?
NO.
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]
103
Who may ask for the reduction of inofficious donations?
Only those who, at the time of the donor's death, have a right to the legitime, and their heirs and successorsin-interest, may ask for the reduction or inofficious donations. [Art. 772, CC]
104
What happens when there is two or more donations but the disposable portion is not sufficient to cover all of them?
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]
105
What is 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] Remember latin maxim: nemo dat quod non habet. - no one gives what they do not have
106
When is donation presumed to be in fraud of creditors?
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.
107
What is the obligation of the donee re debts of donor?
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.
108
What donations are void?
a. donation between spouses
b. those made between persons mentioned under Art 739, CC
c. Those made to persons incapacitated to succeed by will [Art 740, CC]
------------------------------------
Article 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (n)
----------------------------------
Article 740. Incapacity to succeed by will shall be applicable to donations inter vivos. (n)
109
What donations are void in Art 739, CC?
Article 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (n)
110
What is the general rule re donation between spouses?
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
111
What is the exception to the rule that 'donation between spouses are void'?
Moderate gifts which the spouses may give each other on the occasion of any family rejoicing.
112
What is revocation of donation?
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).
113
What is reduction of donation?
Reduction
* Total withdrawal of amount, whether the legitime is impaired or not.
* Benefits the donor.
114
What is the difference bet. Reduction and Revocation?
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).
115
What are the instances by which a donation inter vivos may be revoked or reduced in Article 760?
[Birth, Appearance, Adoption]
(1) If the donor, after the donation, should have legitimate or legitimated or illegitimate children, even though they be posthumous;
(2) If the child of the donor, whom the latter believed to be dead when he made the donation, should turn out to be living;
(3) If the donor subsequently adopt a minor child. (644a)
116
What are the requisites on the donor so that the donation may be revoked or reduced?
donor:
| -have no childred or descendants, legitimate or legitimated by subsequent marriage, or illegitimate
117
What is the time of action for revocation/ reduction of donation due to birth appearance, adoption?
Within 4 years from birth, legitimation and adoption. [Art. 763, CC]
118
Can an action for revocation or reduction on the grounds of birth, appearance, adoption be renounced?
NO.
This action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants.
Article 763
119
What is the transmissibility of an action for revocation/reduction of donation on the grounds of birth, appearance, adoption?
Transmitted to children and descendants upon the death of donor. [Art. 763, CC]
120
What is the effect of revocation/reduction of donation on the grounds of birth, appearance, adoption?
* Property is returned.
* If the property has been sold, its value at the time of donation shall be returned.
• If the property was mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed, with right to recover the amount from the done.
[Art. 762, CC]
121
What is the liability of the donee upon revocation/reduction of donation on the grounds of birth, appearance, effect, liability?
Fruits returned from the filing of the complaint. [Art, 768, CC]
122
What is the prescription of an action for revocation/reduction of donation on the grounds of non-compliance with condition?
Within 4 years from noncompliance.
123
What is the prescription of an action for revocation/reduction of donation on the grounds of non-compliance with condition?
Within 4 years from noncompliance.
124
What is the transmissibility of an action for revocation/reduction of donation on the grounds of non-compliance with condition?
May be transmitted to donor’s heirs and may be exercised against donee’s heirs.
125
What is the effect of an action for revocation/reduction of donation on the grounds of non-compliance with condition?
Property returned to the donor, alienations by the done and mortgages void subject to rights of third persons in good faith
126
What is the liability of the donee in an action for revocation/reduction of donation on the grounds of non-compliance with condition?
Fruits received after having failed to fulfill condition are to be returned. [Art, 768, CC]
127
What donations are exempt to an action for revocation/ reduction of donation on the grounds of ingratitude?
- mortis causa
- propter nuptias
- onerous donations
128
What is the prescription of an action for revocation/reduction of donation on the grounds of ingratitude?
Within 1 year after
| knowledge by donor of the fact and it was possible for him to bring the action. [Art. 769, CC]
129
What is the transmissibility of an action for revocation/reduction of donation on the grounds of ingratitude?
Not transmitted to heirs of donor/ donee, but if donor dies during pendency of case, heirs may be substituted. [Art. 770, CC]
130
What is the effect of an action for revocation/reduction of donation on the grounds of ingratitude?
Property returned, but alienations and mortgages effected before the notation of the complaint for revocation in the registry of property subsist. Later ones shall be void. [Art. 776, CC]
131
What is the liability of the donee in an action for revocation/reduction of donation on the grounds of ingratitude?
Fruits received from the filing of the complaint returned. [Art, 768, CC]
132
What is the prescription of an action for revocation/reduction of donation on the grounds of failure to reserve sufficient means for support?
At any time, by the donor or relatives entitled to support.
133
What is the transmissibility of an action for revocation/reduction of donation on the grounds of failure to reserve sufficient means of support?
Not transmissible
134
What is the effect of an action for revocation/reduction of donation on the grounds of failure to reserve sufficient means of support?
Reduced to the extent necessary to provide support. [Art. 771, CC]
135
What is the liability of the donee in an action for revocation/ reduction of donation on the grounds of failure to reserve sufficient means of support?
Donee entitled to fruits. [Art. 771, CC]
136
Revocation / reduction of donation on the grounds of inoofficiousness for being in excess of what the donor can give by will
prescription, transmissibility, effect, liability (fruits)?
Prescription:
Within 5 years from the death of the donor. [NCC 1149]
Transmissibility:
Transmitted to creditor’s heirs or successors-ininterest.
Effect:
Donation takes effect on the lifetime of donor. Reduction only upon his death with regard to the excess. [Art. 771, CC]
Liability (fruits):
Donee entitled. [Art. 771, CC]
137
Revocation / reduction of donation on the grounds of fraud against creditors
prescription, transmissibility, effect, liability (fruits)?
Prescription:
Rescission within 4 years from the perfection of donation (knowledge of the donation). [Art. 1389, CC]
Transmissibility:
Transmitted to creditor’s heirs or successors-ininterest.
Effect:
Returned for the benefit of the creditor who brought the action. [Art. 1388, CC]
Liability (fruits):
Fruits returned, or if impossible, indemnify
creditor for damages. [Art. 1385 and 1388, CC]
138
iden
It is a derivative mode of acquiring ownership and other real rights by virtue of which, there being intention and capacity on the part of the grantor and grantee and the pre-existence of said rights in the estate of the grantor, they are transmitted to the grantee through a just title.
Tradition
139
What is Tradition as a mode of acquiring ownership?
It is a derivative mode of acquiring ownership and other real rights by virtue of which, there being intention and capacity on the part of the grantor and grantee and the pre-existence of said rights in the estate of the grantor, they are transmitted to the grantee through a just title.
140
What are the requisites for Tradition as a mode of acquiring ownership?
[JOPIC – Just cause, Outward form, Pre-existence, Intention, Capacity]
1. Pre-existence in the estate of the grantor of the right to be transmitted;
2. Just cause or title for the transmission;
3. Intention on the part of the grantor to grant and on the part of the grantees to acquire;
4. Capacity to transmit and to acquire; and
5. An act that gives it outward form, physically, symbolically, or legally.
141
What is the purpose of Tradition?
Ownership and other real rights are transferred, among other means, by tradition. [Art. 712, CC]
The delivery of a thing constitutes a necessary and indispensable requisite for the purpose of acquiring the ownership of the same by virtue of a contract.
142
What are the kinds of Tradition?
Real Tradition (Physical delivery): Thing is physically delivered or transferred from hand to hand.
Constructive Tradition: Delivery of the thing is not real nor material but consists merely in certain facts indicative of the same.
Quasi tradition: Delivery of incorporeal things or rights by the use of grantee of such rights with grantor’s consent.
By operation of law: Those not included in the foregoing modes but is effected solely by virtue of an express provision of law (e.g. Art. 1434, CC on estoppel).
143
What is Real Tradition?
Real Tradition (Physical delivery): Thing is physically delivered or transferred from hand to hand.
144
What is Constructive Tradition?
Constructive Tradition: Delivery of the thing is not real nor material but consists merely in certain facts indicative of the same.
145
What are the kinds of Constructive Tradition?
a. Symbolic tradition - Delivery of signs or things which represent that which is being transmitted (e.g. delivery of keys or title).
b. Tradition by public instrument - Substitution of real delivery of possession by a public writing with the delivery of the document which evidences the transaction.
c. Tradition longa manu - Grantor points out to the grantee the thing to be delivered.
d. Tradition brevi manu - When the grantee is already in possession of the thing under another title [e.g. lessee buys the thing leased to him (lessee becomes owner)].
e. Tradition constitutum possessorium - Opposite of brevi manu; owner alienates a thing but remains in possession [e.g. owner sells a property but continues to posess the same as a lessee (owner becomes lessee)].
146
What is a quasi tradition?
Quasi tradition: Delivery of incorporeal things or rights by the use of grantee of such rights with grantor’s consent.
147
What is tradition by operation of law?
By operation of law: Those not included in the foregoing modes but is effected solely by virtue of an express provision of law (e.g. Art. 1434, CC on estoppel).
148
What is symbolic tradition?
Symbolic tradition - Delivery of signs or things which represent that which is being transmitted (e.g. delivery of keys or title).
149
What is Tradition by public instrument?
Tradition by public instrument - Substitution of real delivery of possession by a public writing with the delivery of the document which evidences the transaction.
150
What is tradition longa manu?
Tradition longa manu - Grantor points out to the grantee the thing to be delivered
151
What is tradition brevi manu?
Tradition brevi manu - When the grantee is already in possession of the thing under another title [e.g. lessee buys the thing leased to him (lessee becomes owner)].
152
What is tradition constitutum possessorium?
Tradition constitutum possessorium Opposite of brevi manu; owner alienates a thing but remains in possession [e.g. owner sells a property but continues to posess the same as a lessee (owner becomes lessee)].
153
What is prescription as a mode of acquiring ownership?
By prescription, one acquires ownership and 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 lost by prescription. [Art. 1106, CC]
Note: For purposes of ACQUIRING OWNERSHIP, only ACQUISITIVE PRESCRIPTION is being referred to.
154
What is the rationale behind prescription as a mode of acquiring ownership?
It is purely statutory in origin. It is founded on grounds of public policy which requires for the peace of society, that juridical relations susceptible of doubt and which may give rise to disputes, be fixed and established after the lapse of a determinate time so that ownership and other rights may be certain for those who have claim in them.
155
What are the kinds of Prescription?
a. acquisitive prescription
| b. extinctive prescription
156
What is Acquisitive prescription?
The acquisition of ownership and other real rights through possession in the concept of owner of a thing in the manner and condition provided by law.
157
What are the kinds of acquisitive ownership?
a. Ordinary: requires possession of things in good faith and with just title for the time fixed by law.
b. Extraordinary: acquisition of ownership and other real rights without need of title or of good faith or any other condition.
158
What is ordinary acquisitive prescription?
Ordinary: requires possession of things in good faith and with just title for the time fixed by law.
159
What is extraordinary acquisitive prescription?
Extraordinary: acquisition of ownership and other real rights without need of title or of good faith or any other condition.
160
What are the requirements for prescription as a mode of acquisition?
a. Capacity of the claimant to acquire by prescription;
b. A thing capable of acquisition by prescription;
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.
The following are only required in ordinary acquisitive prescription [Tolentino]:
a. Good faith of the possessor; and
b. Proof of just title.
161
Prescription where possession in good faith converted into possession in bad faith:
Ordinary
* Movable properties - 4 years [Art. 1132, CC]
| * Immovable properties - 10 years [Art. 1134, CC]
162
Prescription where possession in good faith converted into possession in bad faith
Extraordinary
* Movable properties - 8 years [Art. 1132 and 1140, CC]
| * Immovable properties - 30 years [Art. 1137, CC]
163
What is the requirement for extraordinary prescription?
For extraordinary prescription, only possession in the concept of owner is required; no need of good faith and just title.
164
What are the requirement of possession (for prescription to apply)?
Possession has to be in the concept of an owner, public, peaceful, and uninterrupted. [Art. 1118, CC]
165
What is extinctive prescription?
The loss or extinguishment of property rights or actions through the possession by another of a thing for the period provided by law or through failure to bring the necessary action to enforce one’s right within the period fixed by law.
166
Difference bet. Acquisitive and Extinctive prescription re. an owner?
Acquisitive:
Requires positive action of the possessor (a claimant) who is not the owner.
Extinctive:
Requires inaction of the owner out of possession or neglect of one with a right to bring his action
167
Difference bet. Acquisitive and Extinctive prescription re. applicability?
Acquisitive;
Applicable to ownership and other real rights.
Extinctive;
Applicable to all kinds of rights, whether real or personal.
168
Difference bet. Acquisitive and Extinctive prescription re. title?
Acquisitive:
Vests the property and raise a new title in the occupant.
Extinctive:
Vests the property and raise a new title in the occupant.
169
Difference bet. Acquisitive and Extinctive prescription re. result?
Acquisitive:
Results in the acquisition of ownership or other real rights in a person as well as the loss of said ownership or real rights in another.
Extinctive:
Merely results in the loss of a real or personal right, or bars the cause of action to enforce said right.
170
Difference bet. Acquisitive and Extinctive prescription re. result?
Acquisitive:
Results in the acquisition of ownership or other real rights in a person as well as the loss of said ownership or real rights in another.
Extinctive:
Merely results in the loss of a real or personal right, or bars the cause of action to enforce said right.
171
Difference bet. Acquisitive and Extinctive prescription re. plea?
Acquisitive:
Can be proven under the general issue without its being affirmatively pleaded.
Extinctive:
Should be affirmatively pleaded and proved to bar the action or claim of the adverse party
172
Can prescription apply to an offender?
NO.
The offender can never acquire, through prescription, movable properties possessed through a crime. [Art. 1133, CC]
173
Can registered lands be acquired through prescription?
No title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession. [PD 1529]
174
What rights are not extinguished by prescription?
[Art. 1143, CC]
a. To demand a right of way, regulated in Art. 649, CC;
b. To bring an action to abate a public or private nuisance.
175
Does an action to quiet title prescribe?
NO.
When plaintiff is in possession of the property: the action to quiet title does not prescribe.
The reason is that the owner of the property or right may wait until his possession is disturbed or his title is assailed before taking steps to vindicate his right.
176
Does an action for void contracts prescribe?
The action or defense for the declaration of the inexistence of a contract does not prescribe. [Art. 1410, CC]
177
Does an action to demand partition prescribe?
No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership. [Art. 494, CC]
178
Does prescription apply to property of public dominion?
Prescription, both acquisitive and extinctive, does not run against the State in the exercise of its sovereign function to protect its interest EXCEPT with respect to its patrimonial property which may be the object of prescription. [Art. 1113, CC]
179
What are instances where Prescription is not applicable?
- by offender
- registered lands
- rights not extinguished by prescription (right of way, action to abate public or private nuisance)
- action to quiet title if plaintiff is in possession
- void contracts
- property of public domain
180
What is the difference between prescription and laches?
Prescription:
-concerned with the fact of delay
- a matter of time
- statutory
- applies at law
- cannot be availed of unless it is especially pleaded as an affirmative allegation
- based on a fixed time
Laches:
-concerned with the effect of delay
- Principally a question of inequity of permitting a claim to be enforced, this inequity being foundedon some subsequent change in the condition or the relation of the parties
- not statutory
- applies at equity
- being a defense of equity, need not be specifically pleaded
- not based on a fixed time
181
What is the prescription of an action to recover movable properties?
The action prescribes in 8 years from the time the possession thereof is lost. [Art. 1132 and 1140, CC]
182
Can an action to recover movables prosper if it is brought after 4 years when the possessor has already acquired title by ordinary acquisitibe prescription?
NO.
However, the action shall not prosper if it is brought after 4 years when the possessor has already acquired title by ordinary acquisitive prescription. [Art. 1132, CC]
183
In recovering movables, what is required of the owner if the possessor acquired the movable in good faith?
Reimburse the price paid
If the possessor acquired the movable in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid. [Art. 559, CC]
184
What is the general rule on the prescription of an action to recover immovables?
General Rule: Real actions prescribe after 30 years [Art. 1141, CC]
Exception: The possessor has acquired ownership of the immovable by ordinary acquisitive prescription through possession of 10 years. [Art. 1134, CC]
185
What is the exception to the rule that an action to recover immovables prescribes after 30 years?
Exception: The possessor has acquired ownership of the immovable by ordinary acquisitive prescription through possession of 10 years. [Art. 1134, CC]
186
When does an action for reconveyance based on fraud prescribe?
Prescribes 4 years from the discovery of fraud. [Art. 1391, CC]
187
When does an action for reconveyance based on implied or constructive trust prescribe?
10 years from the alleged fraudulent registration or date of issuance of certificate of title over the property. [Art. 1144,
188
What other actions have a prescriptive period of 10 years?
[Art. 1144, CC]
1. Action to foreclose a mortgage (from the time the principal obligation 10 years [Art. 1144, CC] becomes due demandable and
2. Actions upon:
a. A written contract
b. An obligation created by law
c. A judgment
---------------------------------------
ARTICLE 1144. The following actions must be brought within ten years from the time the right of action accrues:
(1) Upon a written contract;
(2) Upon an obligation created by law;
(3) Upon a judgment. (n)
189
What other action prescribe in 6 years?
[Art. 1145, CC]
Actions upon:
1. An oral contract
2. A quasi-contract
---------------
ARTICLE 1145. The following actions must be commenced within six years:
(1) Upon an oral contract;
(2) Upon a quasi-contract. (n)
190
What other actions prescribe in 5 years?
[Art. 1149, CC]
All other actions whose periods are not fixed in the CC or in other laws.
----------------------------------------
ARTICLE 1149. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues. (n)
191
What other actions prescribe in 4 years?
[Art. 1145, CC]
Actions upon:
1. An injury to the rights of the plaintiff.
2. A quasi-delict.
192
What other actions prescribe in 1 year?
1. Actions for Art. 1147, CC.
a. Forcible entry within one year from date of dispossession thru FISTS or unlawful detainer 1 year from date of last demand.
b. Defamation 1 year
2. Actions upon an injury to the rights of the plaintiff or upon a quasi-delict resulting from any act of any public officer involving the exercise of powers arising from Martial Law including the arrest, detention and/or trial of the plaintiff.
3. To recover possession de facto. [Art. 554 (4), CC]
4. To revoke a donation on the ground of ingratitude. [Art. 769, CC]
5. To rescind or recover damages if immovable is sold with non-apparent burden or servitude. [Art. 1560 (3,4), CC]
6. To enforce warranty of solvency of debts in assignment of credits. [Art. 1629, CC]
193
When is prescription of action interrupted?
1. They are filed before the court;
2. When there is a written extrajudicial demand by the creditors; and
3. When there is any written acknowledgment of the debt by the debtor.
194
What are the types of Interruption (prescription)?
a. natural
| b. civil
195
What is natural interruption?
Any natural cause that interrupts the possession for more than one year. [Art. 1121, CC]
-------------------
ARTICLE 1121. Possession is naturally interrupted when through any cause it should cease for more than one year.
The old possession is not revived if a new possession should be exercised by the same adverse claimant. (1944a)
196
What is civil interruption?
[Art. 1123, CC]
a. For acquisitive prescription – starts from the time judicial summons are received.
b. For extinctive prescription – starts from the time action is filed in court, written extrajudicial demand by the creditors is received, or when there is written acknowledgment of the debt by the debtor. [Art. 1155, CC]
----------------
ARTICLE 1123. Civil interruption is produced by judicial summons to the possessor.
ARTICLE 1155. The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor.
197
When are civil actions deemed commenced?
Civil actions are deemed commenced from the date of the filing and docketing of the complaint with the Clerk of Court. [Cabrera v. Tiano, G.R. No. L-17299 (1963)]
198
What is the effect of a 'written extrajudicial demand' on the prescriptive period?
A written extrajudicial demand wipes out the period that has already elapsed and starts anew the prescriptive period. [The Overseas Bank of Manila v. Geraldez, G.R. No. L-46541 (1979)]
199
Does all acts of acknowledgement of a debt interrupt prescription?
NO.
Not all acts of acknowledgement of a debt interrupt prescription. To produce such effect, the acknowledgment must be “written”, so that the payment, if not coupled with the communication signed by the payor would interrupt the running of the period of prescription. [PNB v. Osete, G.R. No. L24997 (1968)]
200
When shall the period of interruption be counted in favor of prescription (acquisitive) (as if interruption never happened but is merely suspended)?
IF:
1. Judicial summons is void
2. Plaintiff should desist from the complaint
3. Possessor be absolved from the complaint
Note: There is no suspension in extinctive prescription.
201
What are the effects of interruption?
1. All the benefits acquired so far from the possession ceases.
2. When the prescription runs again, it will be reset (i.e. entirely new prescriptive period).
