Ownership Flashcards
1
Q
What is the definition and concept of Ownership?
A
It is the independent right of exclusive enjoyment and control of a thing for the purpose of deriving therefrom all the advantages required by the reasonable needs of the owner (or holder of the right) and the promotion of general welfare, but subject to the restrictions imposed by law and the rights of others. (JBL REYES, found in Prof. Labitag Syllabus).
2
Q
Ownership may be exercised over what?
A
May be exercised over things or rights. [Art. 427, CC]
3
Q
What are the types of ownership?
A
- Full Ownership - With complete rights over the property.
- Naked Ownership - Absence of jus fruendi and jus utendi, jus possidendi
- Sole Ownership - Ownership vested only in one person
- Co-Ownership - Ownership vested in 2 or more persons in ideal shares or undivided interest.
- Beneficial ownership - Right to enjoy the use and fruits of a property
4
Q
What are the rights of an Owner?
A
- Right to enjoy and dispose of a thing, without other limitations than those established by law.
- Right of action against the holder and possessor of the thing in order to recover it.
- Jus Utendi: right to use and enjoy
- Jus Fruendi: right to receive the fruits
- Jus Abutendi: right to consume a thing by use
- Jus Disponendi: right to alienate, encumber, transform or even destroy the thing owned
- Jus Vindicandi: right to recover possession of property based on a claim of ownership
- Jus Possidendi: right to possess the property (Implied from all the other rights)
- Jus Accessionis: right to whatever is attached to the thing in such a way that they cannot be separated without injury
- Jus Tresauris: right to hidden treasure
- Right to Exclude; Doctrine of Self-Help [Art. 429, CC]
- Right to enclose or fence [Art. 430, CC]
- Right to receive just compensation in case of expropriation [Art. 435, CC] but not if the property seized by competent authority in the exercise of police power, unless seizure is unjustified.
- Right of owner of land to its surface and everything under it, except natural resources the owner may make any works, plantations, and excavations subject to servitudes and special laws and ordinances and reasonable needs of aerial navigation [Art. 437, CC]
5
Q
What are Real Rights?
A
Rights that confer upon its holder an autonomous power to derive directly from a thing certain economic advantages independently of whoever the possessor of the thing.
6
Q
What are Personal Rights?
A
Rights of a person to demand from another as a definite passive subject, the fulfillment of a prestation to give, to do or not to do.
7
Q
What are under real rights?
A
a. Ownership
b. Real right of Possession
c. Usufruct d. Easement
e. Recorded lease
f. Real Estate Mortgage
g. Chattel Mortgage
h. Pledge
i. Antichresis
j. Retention
k. Pre-emption
l. Redemption
m. Stewardship
n. Certificate of Ancestral Domain Title; Certificate of Ancestral Domain Claims in the IPRA Law
8
Q
What is action in rem?
A
Action against a property, judgment binding against the whole world.
9
Q
What is action in personam?
A
Action against a specific person, judgment binding against that particular person.
10
Q
What is action quasi in rem?
A
Action against a specific property with respect to a person.
11
Q
What is the difference bet. action in rem, in personam, and quasi in rem?
A
Action in rem - Action against a property, judgment binding against the whole world.
Action in personam - Action against a specific person, judgment binding against that particular person.
Action quasi in rem - Action against a specific property with respect to a person.
12
Q
What are the requisites of the Doctrine of Self-Help?
A
a. Person exerting force is owner or lawful possessor
b. There is actual or threatened unlawful physical invasion or usurpation of property
c. Force used against aggressor is reasonably necessary to repel/prevent such aggression
13
Q
When is the Doctrine of Self-Help inapplicable?
A
Cannot be used against agents of the state acting in their official functions or from other lawful form of action against the possessor
14
Q
What are the actions to recover ownership and possession of Immovable Property?
A
Accion Reivindicatoria An action to recover ownership of real property. It includes, but is not limited to possession.
Accion Publiciana An action for the recovery of real right of possession of real property (posession de jure).
Note: actions for ejectment not filed within 1 year must be filed as accion publiciana.
Accion Interdictal - Action for Ejectment A summary action for recovery of actual, material or de facto physical possession through an action for Forcible Entry or Unlawful Detainer.
15
Q
What is Accion Reivindicatoria?
A
An action to recover ownership of real property. It includes, but is not limited to possession.
16
Q
What is Accion Publiciana?
A
An action for the recovery of real right of possession of real property (posession de jure).
17
Q
What is Accion Interdictal?
A
Action for Ejectment A summary action for recovery of actual, material or de facto physical possession through an action for Forcible Entry or Unlawful Detainer.
18
Q
Action for Forcible Entry?
A
Lawful possessor deprived through FISTS:
a. Force
b. Intimidation
c. Strategy
d. Threats, and
e. Stealth
Period to Bring Action: 1 year from dispossession (force, intimidation, threats) or from knowledge of dispossession (strategy, stealth)
19
Q
Action for Unlawful Detainer?
A
Possessor refused to vacate upon demand by owner
Note: Legal possession (by
permission/ tolerance) becomes unlawful upon failure to vacate
Period to Bring Action: 1 year from last demand to vacate.
20
Q
What are the action to recover ownership and possession of movable property?
A
Replevin For manual delivery of movable property, for either ownership or possession
21
Q
What is the recovery for an action of recovery of property?
A
[Art. 434, CC]
a. Property must be identified; and
b. Plaintiff must rely on the strength of his title
Ei incumbit probatio qui dicit, non qui negat: “He who asserts, not he who denies must prove.”
22
Q
What is an Action to Quiet Title?
A
A common law remedy for the removal if any cloud upon a doubt or uncertainty with respect to title to real property. [Paras]. A cloud on title is a semblance of title (legal or equitable) which legally appears valid but is, in fact, unfounded. It is in the nature of a quasi in rem action.
23
Q
An Action to Quiet Title is generally applicable to ___________
A
real property
24
Q
What is the purpose of an Action to Quiet Title?
A
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.
a. To prevent future or further litigation on the ownership of the property.
b. To protect the true title and possession.
c. To protect the real interest of both parties.
d. To determine and make known the precise state of the title for the guidance of all.
25
When is an Action to Quite Title not applicable?
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;
Is Not Applicable To:
c. To boundary disputes;
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
26
What are the requisites for an Action to Quiet Title?
a. There is a cloud on title to real property or any interest to real property;
b. The plaintiff must have legal or equitable title to, or interest in the real property; and
c. Plaintiff must return the benefits received from the defendant.
27
What is the prescription period of an Action to Quiet Title?
When the plaintiff is not in possession of the real property, the action to quiet title may prescribe depending upon the right of action filed by the plaintiff:
a. 10 yrs. – if plaintiff is a possessor with a real right, i.e. accion publiciana, or if action is for reconveyance on the basis of a constructive trust under Art. 1456, CC
b. 30 yrs. – if plaintiff is the owner of real property
28
What is an 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.
29
What is the difference bet. a Legal Title and an Equitible Title?
Legal title: the party is the registered owner of the property.
Equitable title: the person has the beneficial ownership of the property.
30
What are the (requisites) for the existence of a cloud?
a. there is aclaim emerging by reason of
- any instrument
- any record, claim, encumbrance
- any proceeding
b. The claim should appear valid or effective and extraneous evidence is needed to prove their validity or invalidity;
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.
31
An Action to Prevent a Cloud is not applicable in what instances?
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;
c. To boundary disputes;
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
32
What are the requisites for An Action to Prevent a Cloud?
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 imaginary but imminent; and
c. Unless the defendant is restrained or stopped, the title or interest of the plaintiff will be prejudiced or adversely affect
33
What are the general limitations on ownership?
General Limitations
a. Taxation
b. Eminent domain
c. Police power
34
What are the specific limitations on ownership?
a. Legal Servitudes [Arts. 644, 678, 679, 649, 637, 652, 676, 684-687, CC] Once requisites are satisfied, the servient owner may ask the Court to declare the existence of an easement. (e.g. Easement of Right of Way, Easement of Light and View etc.)
b. Must not injure the rights of a third person [Sic Utere Tuo Ut Alienum Non Laedas (Art. 431, CC)]
c. Actions in a State of Necessity The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited, indemnity for the damage to him. [Art. 432, CC]
d. Nuisance [Art. 694, CC]
e. Limitations imposed by the owner himself (e.g. voluntary easements)
f. Limitations imposed by the party
transmitting the property either by the contract or will (e.g. onerous donations or easement constituted when dividing one property)
35
What is Accession?
Accession – the right by virtue of which the owner of a thing becomes the owner of everything that is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. [Art. 440, CC]
36
Is accession a mode of acquiring property?
Not a mode of acquiring property; it does not depend upon a new title.
37
What are Accessories?
Accessories – things joined to or included with the principal thing for the latter’s embellishment, better use, or completion, but which cannot be separated without damage or injury.
38
What are the general principles on Accession?
a. Accessio cedit principali - the accessory follows the principal, and not the other way around [Philippine National Bank v De Jesus, G.R. No. 149295 (2003)]
Note exception found in Art. 120, FC on reverse accession.
b. No one shall be unjustly enriched at the expense of another [Arts. 447-452]
39
What are the classification of Accession with respect to immovables?
1. Accession Discreta - right of ownership to the fruits [441, CC]
2. Accession Continua - Right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially (by external forces).
3. Accession Continua Artificial or Industrial - Building, planting or sowing on land owned by another (over immovables).
4. Accession Continua Natural Land Deposits, etc
5. Avulsion - A known portion of land is segregated from one estate by the forceful current of a river, creek or torrent and transferred to another. [Article 459, CC]
6. Uprooted Trees
7. Change of course of river
8. Formation of Islands
40
What is Accession Discreta?
Right of ownership to the fruits. [Art. 441, CC]
41
What is the general rule on Accession Discreta?
[GULA – Good faith, Usufruct, Lease, Antichresis]
a. Possession in good faith (fruits belong to possessor by good faith for as long as he remains in good faith)
b. Usufruct (to usufructuary)
c. Lease (to lessee in civil law lease of agricultural land; lessor gets rentals as civil fruits)
d. Antichresis
42
What are the kinds of fruit?
a. natural
b. industrial
c. civil
43
What are natural fruits?
spontaneous products of soil and the young and other products of animals [Art. 442 (1), CC]
44
What is the rule on young of animals?
Partus sequitur ventrem (children would inherit the legal status of their mothers): To the owner of female animals would also belong the young of such animals although this cannot apply when the owner mixes his cattle with those of another and they interbreed, thus co-ownership is applied. [Siari Valley Estate v. Lucasan, G.R. No. L-13281 (1960)].
45
What are industrial fruits?
produced by lands of any kind through cultivation or labor [Art. 442 (2), CC].
46
Are standing trees considered fruits?
Standing trees are not fruits since they are considered immovables although they produce fruits themselves. However, they may be considered as industrial fruits when they are cultivated or exploited to carry on an industry, as in tree plantation.
47
What are civil fruits?
easily prorated for under Art. 544, CC they are deemed to accrue daily and belong to the possessor in good faith in that proportion (e.g. dividends, rents of buildings, price of leases or lands and the amount of perpetual or life annuities or other similar income).
48
Natural and industrial fruits are _______________ while still ungathered?
real property
49
Only those that are _______ or ______ are considered as natural or industrial fruits?
manifest
| born
50
What are the Time of Accrual of the different kinds of fruits?
1. Annuals: from the time seedlings appear on the ground.
2. Perennials: from the time fruits actually appear on the plants.
3. Young of animals: from the time they are in the womb, although unborn – beginning of maximum ordinary period of gestation.
4. Fowls: from the time of incubation.
51
Should the owner pay expenses for fruits to third person possessor in good faith?
YES.
He who receives the fruits has the
obligation to pay the expenses incurred by a third person in the production, gathering and preservation of the fruits. [Art. 443, CC]
Exception: Owner does not have to pay if land is recovered before gathering from a possessor in bad faith.
But if owner recovers land from possessor in bad faith, he may choose to acquire the land and he can make the possessor, builder, planter, sower account for the fruits that have been gathered, with the obligation to deduct the expenses for producing, harvesting and preservation of the fruits.
52
What is Accession Continua?
Right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially (by external forces).
53
What is Accession Continua Artificial or Industrial?
Building, planting or sowing on land owned by another (over immovables).
54
What is the general rule on Accession Continua Artificial or Industrial?
General rule: Whatever is built, planted or sown on the land of another + improvements or repairs made thereon, belong to the owner of the land subject to the rules on BPS. [Art. 445, CC]
55
What are the presumptions re Accession Continua Artificial or Industrial?
a. All works, sowing and planting are presumed made by the owner and at his expense, unless the contrary is proved.
b. The owner of the principal thing owns the natural, industrial and civil fruits, except when the following persons exist:
1. Possessor in Good Faith
2. Usufructuary
3. Lessee
4. Antichretic creditor
56
What is the meaning of bad faith on the part of the landowner?
Whenever the building, planting or sowing was done with his knowledge and without opposition on his part. [par. 2, Art. 453, CC]
57
What is the meaning of bad faith on the part of the owner of the materials?
Allows the use of his materials without protest.
58
What is the meaning of bad faith on the part of the builder, planter, and sower,?
One who has knowledge of any flaw or defect in his title or mode of acquisition (Art. 526)
He is a possessor in bad faith at the time of BPS if he knows that
a. He does not have title to the land, and thus, has no right to build thereon; or
b. He has no permission to build, plant, or sow on the land which he possesses but does not own.
59
Situation:
LO differ from OM.
Both LO and OM are in GF.
What are the rights and liabilities of the LO?
Rights: Shall own what is built, planted, sown (materials/improvements) [Accessio cedit principali]
Liabilities: shall pay for the value of the materials (no one shall be unjustly enriched at the expense of another)
60
Situation:
LO differ from OM.
Both LO and OM are in GF.
What are the rights and liabilities of the OM?
Rights:
a. Limited right of removal (can only be resorted to if no injury can be inflicted on the work constructed); or
b. Right to reimbursement for the value of materials.
61
Situation:
LO differ from OM.
Both LO and OM are in BF
How will their rights and liabilities be determined?
Parties will be treated as though both acted in GF [Art. 453, CC]
62
Situation:
LO differ from OM
LO in BF, while OM in GF
What are the rights and liabilities of the LO?
Rights: To own what is built, planted, sown (materials/improvements)
Liabilities: shall pay for the value of the materials, as well as pay OM indemnity for damages
Note: Subject to OM’s absolute right of removal
63
Situation:
LO differ from OM
LO in BF, while OM in GF
What are the rights and liabilities of the OM?
Rights:
a. Absolute right of removal + Right to indemnification for damages;
OR
b. Right to reimbursement for the value of materials + Right to indemnification damages
64
Situation:
LO differ from OM
LO in GF, while OM in BF
What are the rights of the LO?
Rights:
a. Right to acquire the improvements without paying indemnity
b. Right to acquire indemnity for damages if there are hidden defects known to OM
65
Situation:
LO differ from OM
LO in GF, while OM in BF
What are the liabilities of the OM?
Lose materials without right to indemnity (no right of removal)
66
Situation:
BPS on land owned by another
BPS in GF
What are the options of the LO?
Options:
a. Acquire improvements after paying BPS for their value; or
Landowner [Art. 446, CC]
Note: Option is given solely to LO, GF of BPS is
immaterial
b. Oblige the one who built or planted to pay the price of the land unless its value is considerably more than that of the building or trees, and the one who sowed, the proper rent.
c. If the value is considerably more, then the court can force the parties to enter into a forced lease. [Art. 448, CC]
Note: The difference between a BUILDER and a SOWER
67
Situation:
BPS on land owned by another
BPS in GF
What are the rights and liabilities of the BPS?
• Generally, has reimbursement
improvement.
• Pending LO’s payment, has right to retention of the land (during this period, BPS is not required to pay rent)
• Whatever fruits (rents) he receives during the period of retention must be deducted from whatever indemnity is due to him; and in case it exceeds the value of the indemnity, the excess shall be returned to the owner of the land. [de Leon, citing
Mendoza v. De Guzman, G.R. No. L-28721 (1928)]
68
Situation:
BPS on land owned by another.
Both LO and BPS are in BF.
How will their rights be determined?
Parties will be treated as though both acted in GF, so apply Art. 446. [Art. 453, CC]
69
Situation:
BPS on land owned by another.
LO in BF, while BPS in GF
What are the liabilities and effects on the LO?
a. Must indemnify BPS for the improvements AND pay damages as if he himself did the BPS
b. Has no option to sell the land and cannot compel BPS to buy the land without the latter’s consent
70
Situation:
BPS on land owned by another.
LO in BF, while BPS in GF
What are the rights of the GF?
Rights:
a. Absolute right of removal + Right to indemnification for damages;
OR
b. Right to reimbursement for the value of materials + Right to indemnification damages
71
Situation:
BPS on land owned by another.
LO in GF, while BPS in BF
What are the rights and obligations of the LO?
Right to collect damages in any case AND option to:
a. Acquire improvements
without paying indemnity if the improvements are still standing on the land;
LO in GF
b. Sell the land to BP or collect rent from the sower unless value of the improvements in which case there will be a forced lease; or
c. Order demolition of
improvements or restoration of land to its former condition at the expense of the BPS
Landowner must STILL pay for necessary expenses preservation
72
Situation:
BPS on land owned by another.
LO in GF, while BPS in BF
What are the rights and liabilities of the BPS?
a. Pay damages to landowner
b. Loses materials without right to indemnity
BPS in BF
c. No right to refuse to buy the land
Recover necessary expenses for preservation of land
73
Situation:
LO-BPS-OM
All acted in good faith.
What are the rights of the LO?
a. Right to acquire improvements and pay indemnity to BPS; subsidiary liability to OM
b. Sell the land to BP except if the value of the land is considerably more; or
c. Rent to S
74
Situation:
LO-BPS-OM
All acted in good faith.
What is the right and liability of the BPS?
a. Right of retention until necessary and useful expenses are paid
b. To pay value of materials to OM
75
Situation:
LO-BPS-OM
All acted in good faith.
What is the right and liability of the OM?
a. Collect value of material
primarily from BPS and subsidiarily to landowner if BPS is insolvent; and
b. Limited right of removal (if the removal will not cause any injury)
76
Situation:
LO-BPS-OM
LO in GF, BPS in GF, OM in BF
What are the rights of the LO?
a. Right to acquire improvements and pay indemnity to BPS;
b. Sell land to BP except if the value of the land is considerably more; or
c. Rent to S
77
Situation:
LO-BPS-OM
LO in GF, BPS in GF, OM in BF
What are the rights of the BPS?
a. Right of retention until necessary and useful expenses are paid
b. Keep improvements without indemnity to OM and collect damages from him
78
Situation:
LO-BPS-OM
LO in GF, BPS in GF, OM in BF
What are the effects/liabilities to the OM?
a. Lose the material without right to indemnity
| b. Must pay for damages to BPS
79
Situation:
LO-BPS-OM
LO in GF, BPS in BF, OM in BF
What are the rights and liabiiltes of the LO?
a. Right to collect damages from BPS in any case and the option to either
1. Acquire
improvements w/o paying for indemnity;
2. Demolition or restoration; or
3. Sell to BP, or to rent to sower
b. Pay necessary expenses to BPS
80
Situation:
LO-BPS-OM
LO in GF, BPS in BF, OM in BF
What are the rights of the BPS?
Recover necessary expenses for preservation of land from LO unless LO sells land
81
Situation:
LO-BPS-OM
LO in GF, BPS in BF, OM in BF
What are the effects/liabilities of the OM?
a. Recover from BPS (as if both are in GF)
b. If BPS acquires improvements, remove materials if feasible w/o injury
c. No action against LO but may be liable to LO for consequential damages
82
Situation:
LO-BPS-OM
All in BF
How are their rights determined?
Same as when all acted in GF under Art. 453
83
Situation:
LO-BPS-OM
LO in BF, BPS in GF, OM in GF
What are the rights and liablities of the LO?
a. Acquire improvement after paying indemnity and damages to BPS unless the latter decides to remove
b. Subsidiarily liable to OM for value of materials if he acquires improvements
and pays damages to BPS; no subsidiary liability if BPS chooses removal in any event.
84
Situation:
LO-BPS-OM
LO in BF, BPS in GF, OM in GF
What are the rights and liablities of the BPS?
a. May remove improvements
b. Be indemnified for damages in any event
c. Pay OM the value of the materials
85
Situation:
LO-BPS-OM
LO in BF, BPS in GF, OM in GF
What are the rights/liabilities of the OM?
a. Remove materials at any event
| b. Collect value of materials from BPS; subsidiarily from LO, if LO is made to pay for improvements and damages
86
Situation:
LO-BPS-OM
LO in BF, BPS in BF, OM in GF
What are the rights/liabilities of the LO?
a. Right to acquire improvements and pay indemnity to BPS; subsidiarily liable to OM
b. Has option to:
1. Sell the land to BP except if the value of the land is considerably more; or
2. Rent to S
87
Situation:
LO-BPS-OM
LO in BF, BPS in BF, OM in GF
What are the rights/liabilities of the BPS?
a. No right of retention
| b. Pay value of materials to OM and pay him damages
88
Situation:
LO-BPS-OM
LO in BF, BPS in BF, OM in GF
What are the rights/liabilities of the OM?
a. Collect value of materials primarily from BPS and subsidiarily from LO if LO
acquires the improvements
b. Collect damages from BPS
c. Absolute right to remove materials in any event (if BPS acquires improvements)
89
Situation:
LO-BPS-OM
LO in GF, BPS in BF, OM in GF
What are the rights/liabilities of the LO?
LO has right to collect damages from BPS in any case and the option to either:
a. Acquire improvements w/o paying for indemnity;
b. Demolition or restoration; or
c.Sell to BP or rent to S
Pay necessary expenses to BPS
90
Situation:
LO-BPS-OM
LO in GF, BPS in BF, OM in GF
What are the rights/liabilities of the BPS?
a. Right to necessary expenses
b. Pay value of materials to OM
c. Pay damages to OM/LO
91
Situation:
LO-BPS-OM
LO in GF, BPS in BF, OM in GF
What are the rights/liabilities of the OM?
a. Collect value of materials primarily from BPS and subsidiarily from LO
b. Collect damages from BPS
c. If BPS acquires improvements, absolute right of removal in any event
92
Situation:
LO-BPS-OM
LO in BF, BPS in GF, OM in BF
What are the rights/liabilities of the LO?
Acquire improvements and pay indemnity and damages to BPS unless the latter decides to remove materials
93
Situation:
LO-BPS-OM
LO in BF, BPS in GF, OM in BF
What are the rights/liabilities of the LO?
a. Receive indemnity for damages
| b. Absolute right of removal of improvements in any event
94
Situation:
LO-BPS-OM
LO in BF, BPS in GF, OM in BF
What are the rights/liabilities of the OM?
a. Right to indemnity
| b. Loses right to the materials
95
What is Accession Continua Natural Land Deposits, etc?
Alluvium:
Soil is gradually deposited on banks adjoining the river.
96
What are the requisites of Alluvium (Accession Contiua Natural Land Deposits, etc)?
Requisites: [GAC – Gradual, Adjacent, Currents]
a. Deposit of soil or sediment is gradual and imperceptible;
b. As a result of the action of the currents of the waters of the river and should have no human intervention;
c. Land where the accretion takes place is adjacent to the banks of the rivers (RIPARIAN LAND); and
d. Deemed to Exist: When the deposit of the sediment has reached a level higher than the highest level of the water during the year, i.e. higher than the river bank. (Meneses v. CA, G.R. No. 82220 [1995])
97
What are the effects of Alluvium?
The riparian owner automatically owns the Alluvion but it does not automatically become registered property in his name. (Grande v. CA, G.R. No. L-17652 [1962])
98
What is Avulsion?
A known portion of land is segregated from one estate by the forceful current of a river, creek or torrent and transferred to another. [Article 459, CC]
99
What are the requisites of Avulsion?
[ACFI – Abrupt, caused by Current or other Forces of nature, Identifiable]
a. Segregation and transfer of land is sudden and abrupt;
b. Caused by the current of the river, creek or torrent; and
c. The portion of land transported must be known and identifiable; or
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What are the effect of Avulsion?
The ownership of the detached property is retained by the owner subject to removal within 2 years from the detachment.
101
What is the rule on Uprooted Trees?
In case of uprooted trees, the owner retains ownership if he makes a claim within 6 months. This refers only to uprooted trees and does not include trees which remain planted on a known portion of land carried by the force of the waters. In this latter case, the trees are regarded as accessions of the land through gradual changes in the course of adjoining stream. [Payatas v. Tuazon, G.R. No. L-30067 (1929)]
102
What are the requisites for a Change of Course of River?
a. Change in the natural course of the waters of the river; and
b. Such change causes the abandonment of the river beds.
“Natural Bed”: ground covered by its waters during the highest floods. [Binalay v. Manalo, G.R. No. 92161 (1991)]
c. Such change is sudden or abrupt
d. Change is permanent
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What are the effects of a change in the course of river?
a. Owners whose lands are occupied by the new course of the river automatically become owners of the old bed, in proportion to the area they lost [Art. 461, CC]
b. Owners of the lands adjoining the old bed are given the right to acquire the same by paying the value of the land. Not exceeding the value of the land invaded by the new bed (the old property of the owner) [Art. 461, CC]
c. The new bed opened by the river on a private estate shall become of public dominion. [Art. 462, CC]
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Exceptions:
a. Where the river simply dries up, the abandoned riverbed belongs to the State because there are no persons whose lands are occupied by the waters of the river. So it is public dominion still.
b. Where the government reverts back the course of the river, no compensation.
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What is the rule on Division of River into Branches?
When the current causes division of the river into branches and a piece of land or part thereof is isolated or separated, there is no accession and the owner of the land retains his ownership. [Art. 463]
105
When does a Formation of Islands belong to the State?
[Art. 464]:
a. Formed on the seas within the jurisdiction of the Philippines.
b. Formed on lakes, or
c. Formed on navigable or floatable rivers:
1. Capable of affording a channel or passage for ships and vessels;
2. Must be sufficient not only to float bancas and light boats, but also bigger watercraft;
3. Deep enough to allow unobstructed movements of ships and vessels.
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What is the test in determining whether a river is navigable?
Whether it can be used as a highway of commerce, trade and travel
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When does a Formation of Island belong to the private owner of the separated land
• the island is formed in a place not mentioned in Art. 464.
108
When does a Formation of Island belong to the owncers of the nearest margins or banks?
[Art. 465]:
a. Formed through successive accumulation of alluvial deposits
b. On non-navigable and non-floatable rivers
c. If island is in the middle: divided longitudinally in half.
d. if nearer to one margin or bank, to the nearer riparian owner
109
Does a landowner gain ownership if his land reappears?
If a landowner allows the sea or a lake to eatup his land completely, it is a case of natural expropriation and if the land later reappears, he does not regail ownership thereof. [Republic v. Cabangis, G.R. No. L-28379 (1929)]
110
What are the classification of Accession with respect to Movable Property?
1. Conjunction / Adjunction
2. Mixture
3. Specification
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What is Conjunction / Adjunction?
There is adjunction or conjunction when 2 movables belonging to different owners are attached to each other such that separation is impossible without injury. For example, the paint of B is used on the canvass of C.
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What is the basic rule on Conjunction / Adjunction?
If separation is possible without injury, then they should separate. If this is not possible, then adjunction or conjunction.
113
What are the general rules in a case where LO, BPS, and OM are different persons?
GENERAL RULES [de Leon]:
a. OM in GF entitled to reimbursement for the value of the materials used (regardless of the GF or BF of the LO and/or the BPS),
PRIMARILY, from the BPS. If the BPS be insolvent, then the LO shall be subsidiarily liable to the OM [par. 1, Art. 455, CC]
Requisites for the LO’s subsidiary liability
• The OM acted in GF;
• BPS is insolvent; and
• The LO appropriates the accession to himself.
b. The BPS who has paid the OM may seek reimbursement from the LO (value of materials + labor) [par. 2, Art. 455, CC]
Requisites:
• The BPS acted in GF; and
• The LO appropriates the improvement to himself.
if only the OM is in BF, he loses his materials, as well as his right to indemnity. He also becomes liable for damages. [Arts. 449, 451, CC]
d. If only the BPS acted in BF, he becomes liale to the OM for the value of the materials + damages. Should he become insolvent, the LO shall pay for the value of the materials, but will not be liable for damages. Additionally, he shall still be liable to the LO [Arts. 450-451, CC]
e. If only the LO acted in GF, he can exercise any of his options under Arts. 449 and 450, both having an additional right to ask for damages [Art. 451, CC].He shall also not be subsidiarily liable to the OM.
f. If ALL acted in BF, they shall be treated as though all of them acted in GF [Art. 453, CC]
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What are the kinds of adjunction or conjunction?
a. Inclusion (e.g. jewel on ring)
b. Soldering (adjoining two or more metals)
c. Ferruminatio (same metals) d. Plumbatura (different metals)
e. Escritura (writing)
f. Pintura (painting)
g. Weaving
115
What are the requisites for Adjunction / Conjunction?
a. There are 2 movables belonging to 2 different owners;
b. They are united in such a way that they form a single object; and
c. They are so inseparable that their separation would impair their nature or result in substantial injury to either component.
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Ownership of the New Object formed by Adjunction by the:
Owner of the Principal Objent in GF
Owner of Principal Object :
Acquires the thing but with the duty to indemnify the owner of the accessory [Article 466].
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Ownership of the New Object formed by Adjunction by the:
Owner of the Accessory in GF
Owner of Accessory:
Has a right to demand separation even though there may be damage if the accessory is more valuable.
118
Ownership of the New Object formed by Adjunction by the:
Owner of the Principal Object in BF
Demand value of the accessory plus damages, OR Demand separation even if the principal will be destroyed plus damages [par. 2, Art.470]
119
Ownership of the New Object formed by Adjunction by the:
Owner of the Accessory in BF
Loses the thing plus is liable for damages [Article 470]
120
Ownership of the New Object formed by Adjunction if both Owner of Principal Object and Accessory are in bad faith?
If both are in bad faith, treat as if both are in good faith [Article 453 by analogy].
121
What are the rules in determing which is the Principal thing in Adjunction?
[Art. 467-468, CC] In the order of application, the principal thing is that:
a. To which the other has been united as an ornament or for its use or perfection (“Rule of importance and purpose”).
b. Thing of greater value.
c. Thing of greater volume.
d. That of greater merits, taking into consideration all the pertinent legal provisions, as well as the comparative merits, utility and volume of their respective things. [Manresa]
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Exception: In painting and sculpture, writings, printed matter, engraving and lithographs the MATERIAL (board, metal, stone, canvas, paper or parchment) which the writer/artist used shall be deemed the accessory thing in all cases. [Art. 468, CC]
122
What is the rule on the principal thing with regards to painting, sculpture, writings etc?
In painting and sculpture, writings, printed matter, engraving and lithographs the MATERIAL (board, metal, stone, canvas, paper or parchment) which the writer/artist used shall be deemed the accessory thing in all cases. [Art. 468, CC]
123
When is separation allowed in Adjunction?
a. When separation will not cause any injury, the respective owners can demand separation [Art. 469, CC]; or
b. When the accessory is more precious:
1. Owner of accessory may demand separation even though the principal thing may suffer [Art. 469, CC].
2. Owner who caused the union shall bear the expenses for separation even if he acted in good faith.
c. When the any of the owners are in bad faith
1. If owner of accessory in BF, then he shall lose the accessory and pay damages to owner of principal.
2. If owner of principal in BF, then the owner of the accessory shall choose between paying the value of the principal or have the accessory separated from the principal even if the principal thing is destroyed, and be paid damages.
124
What is a Mixture?
The union of materials belonging to different owners where the components lose their identity
125
What are the kinds of Mixture?
a. Commixtion: mixture of solid things
| b. Confusion: mixture of liquid things, and includes mixture of gases
126
What are the rules with regard to Mixtures?
[Art. 472 – 473, CC]:
a. If caused by the will of the parties or by chance or by the will of one party but is in good faith, then there will be a co-ownership based on proportional value (not volume).
b. If caused by the will of one party in bad faith, then the party in bad faith loses the entire thing and must pay indemnity for damages.
Note: Good faith in accession does not necessarily exclude negligence, which gives rise to damages. [Art. 456, CC by analogy]
Also, there is a co-ownership.
In accession, everything goes to one party. Thus, this happens only if one party is in bad faith.
127
What is Specification?
Takes place when the work of a person is done on the material of another, such material, in consequence of the work itself, undergoes a transformation.
It is the transformation of another’s material by the application of labor, into a thing of a different kind.
128
What are some examples of Specification?
Turning grapes into wine, flour into bread
129
What are the rules in Specification when the Worker/Maker is in good faith?
General rule: Worker becomes the owner but must indemnify the owner (who was also in good faith) for the value of the material. [Art. 474 par.1, CC]
Exception: If the material is more valuable than the new thing, the owner of the material may choose [Art. 474 par.2, CC]:
1. To take the new thing but must pay for the value of the work or labor; or
2. To demand indemnity for the value of the material.
If the owner was in bad faith, maker may appropriate the new thing without paying the owner, or require the owner to pay him the value of the thing or his work, with right to indemnity.
130
What are the rules in Specification when the Worker/Maker is in bad faith?
[Art. 474 par. 3, CC]
General rule: Owner may either appropriate the new thing to himself without paying the maker, or owner may demand value of material plus damages
Exception: The first option is not available in case the value of the work, for artistic or scientific reasons, is considerably more than that of the material, in which case the owner of the material can ask for payment of material and damages.
131
What are the rules in Specification when the Worker/Maker made use of material with consent and without objection of owner?
Rights shall be determined as though both acted in good faith. [Apply 474 par. 1, CC]
