Property and Land Laws Flashcards
(141 cards)
1
Q
What are the immovable properties decided by law?
A
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)
2
Q
May a Meraclo post be considered as machinery or property?
A
Yes. Art. 415 (1) provides that Land, buildings, roads and constructions of all kinds adhered to the soil; are immovables by incorporatio.
Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object.
3
Q
What properties are immovable by nature?
A
Properties that cannot be moved from one place to another such as lands roads mines quarries
4
Q
What properties are immovable by incorporation
A
- These are properties that are essentially movable but are IMMOBLIZED by their attachment to an immovable property in such manner as to be an integral part thereof (buildings, constructions)
Those that cannot be separated without the deterioration ofan object
5
Q
When is a building considered as an immovable property?
A
When they are more or less of a permanent structure, substantially adhering to the land and not mere superimpositions.
6
Q
Are growing fruits considered immovables?
A
Yes, while they are attached to the land or form an integral part of an immovable.
XP: May be regarded as personal such as purposes for mortgage, attachment and execution
7
Q
Can machinery placed by a lessee be considered as immovable?
A
No. machinery only becomes immobilized when placed by the owner, not the lessee
8
Q
What are considered as movables
A
- Those susceptible of appropriation which are not included under Art. 415
- Real property which by any special provision of law is considered as personalty
- Forces of nature which are brought under control by science
- In general, all things which can be transported from one place to another without impairment of the real property to which they are fixed
- Obligations and actions which have for their object movable or demandable sums
- Shares of stock of agricultural, commercial and industrial entities
9
Q
Tests to determine if an object is movable or immovable
A
- Whether it can be carried from place to place
- Whether the change of location can be affected without injury to an immovable to whcih the object may be attached
- Whether the object is not included under the enumeration under Art. 415
10
Q
How is property classified based on ownership
A
- Property of public dominion
- Private Ownership
11
Q
Different kinds of property of public dominion
A
- Those intended for public use
- Those intended for some public service
- Those intended for the development of national wealth
12
Q
Properties for public use vs. Properties for public service
A
Public Use - It is not confined to privileged individuals, but is open to the indefinite public. It is indefinite quality that gives it its public character
Public Service - Although used for the benefit of the public, cannot be used indiscriminately by anyone but only for those authorized by the proper authority
13
Q
Characteristics of Public Dominion
A
- Outside the Commerce of Man
- Cannot be alienated, leased or be the subject of contracts
- Cannot be subject to levy, encumbrance or disposition - any LED of the same is void for being contrary to public policy
- It cannot be acquired by prescription, unless declared to be patrimonial property
14
Q
What are patrimonial properties
A
Properties owned by the State in its private capacity, and over which the state has the same rights as private persons do
15
Q
What are properties of private ownership
A
- All property belonging to private persons, either individually or collectively
16
Q
Define Ownership
A
It is an independent right of exclusive control and enjoyment of the thing for the purpose of deriving therefrom all advantages required by the reasonable needs of the owner and the promotion of general welfare but subject to the restrictions imposed by law and the rights of others
17
Q
Rights pertaining to ownership
A
- Jus Utendi - right to use except in such a manner as to injure the rights of a third person
- Jus Abutendi - Right to consume or destroy
- Jus Disponendi - right to dispose, alienate, encumber and transform
- Jus Fruendi - Right to enjoy the fruits
- Jus Vindicandi - Right of action available to the owner against the holder and possesor of the thing in order to recover it
- Jus Possidendi - right to hold a thing or to enjoy a right
18
Q
Limitations on ownership
A
- Limitations imposed by the State - such as PP, ED and T
- Limitations imposed by law - legal servitudes
- Limitations imposed by the party transmitting the party - Contracts and Wills
- Limitations imposed by the owner himself - servitudes, mortgages, leases
- Inherent Limitations arising from conflicts with other similar rights - those caused by contiguity of property
19
Q
Doctrine of Self-Help
A
Art. 429 Right of the owner or lawful possessor of a thing to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent actual or threatened unlawful physical invasion or usurpation of his property.
20
Q
Requisites to invoke Doctrine of Self-Help
A
- Person defending must be the owner or lawful possessor
- Force employed must be a reasonable force
- Only be exercised at the time of an actual or threatened dispossession
- There must be actual or threatened physical invasion or usurpation which is unlawful.
21
Q
Limitation on doctrine of Self-Help
A
This may only be exercised at the time of actual or threatened dispossession
In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. He who believes that he has an action or right to deprive another of the holding of a thing, must invoke the aid of the competent court if the holder should refuse to deliver the thing
22
Q
Doctrine of State of Necessity
A
The owner of a thing has no right to prohibit the interference of another with his property 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 PERSONS BENEFITTED indemnity for the damage to him.
23
Q
Requisites for Doctrine of State of Necessity
A
- There must be a situation of grave peril, an actual or imminent danger, either upon theperson of the actor or a third person or their property
- The interference is necessary to avert such danger
- The threatened damage, comparedd to the damage arising from the interference, is much greater
- The state of necessity must not be brought about by the intentional provocation of the party invoking the same
24
Q
What is hidden treasure
A
Any hidden or unknown deposit of money, jewelry or other precious objects where the lawful ownership of which does not appear
25
Rule as to ownership of hidden treasure
Hidden Treasure belongs to the owner of the land, building or other property on which it is found.
However, when the discovery is made on the property of another or of state, half shall be allowed to the finder
If the finder is a tresspasser, he shall not be entitled to any right to the treasure
26
Right of Accession
Right by which the owner of the property becomes the owner of everything produced thereby, or which is incorporated or attached thereto, either naturally or artificially
27
Kinds of accessions
Accesion discreta - right of the owner to the products of the thing owned
Accession Continua - acquisition of ownership over a thing incorporated to that which belongs to another
28
Kinds of fruits and when do they fall due
1. Natural Fruits or spontaneous products of the soil, and the young and other products of animals
2. Industrial Fruits or those produced by lands of any kind through cultivation or labor
3. Civil Fruits or the rents of buildings, price of leases land and other property, and the amount of perpetual or life annuities or other similar income.
N&I fruits are considered received from the time they are gathered or severed
C fruits are deemed to accrue daily and belongto the posessor in good faith
29
Obligation of the person who recieves the fruits
Obligation to pay the expenses made by a third person in their production, gathering nd preservation
30
Instances when the owner is not entitled to any of the fruits
1. Usufruct, The right to the fruits of the property in usufruct belong to the usufructuary
2. Lease of rural land - lessee is entitled to the natural and industrial fruits while the lessor is entitled to the civil fruits
3. Possessor in good faith - where he is entitled to the fruits received by him before his possession in good faith is interrupted
4. fruits naturally falling upon adjacent land, the same belong to the owner of said lang and not the owner of the tree
31
Basic Principles applicable to accession continua and discreta
1. Accessory follows the principal
2. No one shall unjustly enrich himself at the expense of another
32
Principles applicable to Accession Continua Only
1. Whatever is BPS on the land of another and the improvements thereon, belongs to the owner of the land
2. All works, sowing and planting are presumed made by the owner at his expense unless the contrary is proved
3. Incorporatiom of the accessory with the principal is effected only when the two things are united that they cannot be separated without injuring or destroying the juridical nature of one of them
4. Good faith exonerates a person from liability for damages but they must be held responsible
5. Bad faith comes with punishment
6. Where both parties are in bad faith, it shall be as though they had acted in good faith
33
Who are builders in good faith
BPS are in good faith when they believe themselves to be the owner of the land or at least have a claim of title thereto and that they are unaware that there exists in his title or mode of acquisition any flaw which invalidates it.
34
Alluvion vs. Avulsion
1. In alluvion, the deposit of soil is gradual; whereas in avulsion it is sudden and abrupt
2. In alluvion, the deposit of soil belongs to the owner of the property where the same was deposited; in avulsion, the owner of the property which was detached retains ownership thereof
3. In alluvion, accession takes place immediately upon the deposit of the soil; in avulsion the right of accession takes place only after two years from the attachment or incorporation of the segregated portion of land to the riparian land
4. In alluvion, the soil cannot be identified; in avulsion, the detached portion can be identified
35
Avulsion with respect to Uprooted Trees
IF trees are uprooted and carried away by the current of the waters to another estate, the owner of the tree retains ownership of the same but he is required to claim them within a period of six months.
If the tree has been transplanted by the owner of the land upon which the trees may have been cast and said trees have taken root in said land, the owner is required to pay indemnity for putting them in a safe place
36
Rule if new river bed is on private estate
Even if the new bed is on private property, the bed becomes property of public dominion, just as the old bed had been of public dominion
37
Requsites for there to be accretion
1. That the deposit be gradual and imperceptible
2. That it resulted from the effects of the current of the water
3. That the land where accreation takes place is adjacent to the bank of a river
38
Accion Reinvidicatoria
An action for recovery of POSSESSION by virtue of ownership of the land subject of the dispute. The basic question in the action is the question of ownership of the property.
REQS:
The party must prove the ff:
1. Identity of the land claimed
2. His title thereto
39
Accion Publiciana
A PLENARY action to recover the better right of possession which should be brought in the proper court when the dispossession has LASTED FOR MORE THAN 1 YEAR
or in a forcible entry case not effected by FISTS
40
What are the rights of the owner when the builder is in bad faith
1. Appropriate the building without payment of indemnity or damages
2. Demand the demolition of the house plus damages
3. Compel builder to buy the lane even if it’s value is considerably greater than the value of the building or trees
41
Tests in Determining the principal for accession as to movables
First test- that to which the other has been united as ornament or for its use or perfection is the principal, the thing is added as the accessory. Refers to intention. (example: A ring and a gem. The ring uses the gem as an accessory. THerefore, the ring is the principal and the gem is the accessory)
Second Test - The thing of greater value is the principal and the other accessory
Third Test - If both things are of equal value, then one is of greater volume is the principal and the other the accessory.
Fourth Test - Greatest Merits
42
Accession as to movables elements
1. 2 or more persons
2. 2 or more things belonging to different persons
3. The 2 objects form a single object through unification.
4. Cannot be separated without injury of the things. If separable, it does not constitute accession.
43
Adjunction or Conjunction
takes place when two or more movable things belonging to different owners are so united that they cannot be separated without causing injury to one or both them, thereby giving rise to a new thing.
NOTE: If separation is possible without causing a
substantial physical or juridical injury to any of
the movables, then there is no accession.
44
The distinguishing features of
adjunction are the following:
1. that the two or more movables form a distinctive new thing; and
2. that each one of the things making up the new one preserves its own nature.
3. The latter characteristic serves to distinguish it from confusion which implies a greater degree of identification and in certain cases even a decomposition of the things which have been confused.
45
Legal Effects of Adjunction in Good Faith
If Effected In Good Faith – the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.
46
Legal Effects of Adjunction in Bad Faith
1. If Effected In Bad Faith By the Owner of the Principal - owner of the accessory may choose between the following options:
(1) to demand payment for the value of the accessory, with a right to be indemnified for damages; or
(2) to demand for the separation of the accessory, even though for this purpose it is necessary to destroy the principal thing, with a right to be indemnified for damages.
The second option, however, does not apply if the same is not practicable as in the case of painting (which cannot be separated from the canvas) or writing (which cannot be separated from the paper). - However, it is presumed that the accessory owner is in good faith because if they are both in bad faith, they will both be presumed in good faith.
2. If Effected In Bad Faith By the Owner of the Accessory (OA) first — OA shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered.
3. If Both Acted In Bad Faith — it is as if both acted in good faith.
47
Rights of the owner of the material in respect to accession of personal property
In the foregoing situations, whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that the same consist either:
1. in the delivery of a thing equal in kind and value, and in all other respects, to that employed; or
2. in the payment of the price thereof according to expert appraisal.
48
Commixtion or Confusion
- It refers to mixture of two or more things belonging to different owners.
- If the things mixed are solid, it is called commixtion; if the things are liquid, it is called confusion
49
Legal Effects of Commixtion or Confusion
1. Co-ownership — you owned a portion of the thing. Hindi iisa ang may-ari pero iisa ang property. There is a presumption that the co-owners are equal in proportion. - If the mixture takes place by reason of the following:
(1) by will of both or all owners of the things mixed;
(2) by will of only one owner acting in good faith; or
(3) by chance or fortuitous event, a state of co-ownership with respect to the mixture shall arise and each owner “shall acquire a right proportional to the part belonging to him, bearing in mind the value of the thing mixed or confused.”
(4) by a common agent - Strictly speaking, the situations contemplated are not really cases of accession since the persons involved did not gain anything. Instead, these situations will give rise to a state of co-ownership
2. If Caused By Only One Owner Acting In Bad Faith - Pursuant to the provisions of the second paragraph of Article 473 of the New Civil Code, if the mixture is caused by only one owner acting in bad faith, he loses the thing belonging to him thus mixed or confused, besides being obliged to pay indemnity for the damages caused to the owner of the thing with which his own was mixed or confused.
50
Specification
Specification takes place whenever the work of a person is done on the material of another, such material, in consequence of the work itself, undergoing a transformation. It is the imparting of a new form to the material of another person.
Hence, specification involves:
(1) the labor of the worker; and
(2) the materials of another.
NOTE: LABOR IS A PROPERTY. The laborer is then somehow presumed as the principal.
51
Legal Effect of Good Faith in Specification
Good Faith One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value.
XP: The exception to the foregoing rule is when the material is more precious than the transformed thing or more valuable, in which case, its owner may, at his option:
(1) appropriate the new thing to himself after paying indemnity for the value of the work; or
(2) demand indemnity for the material.
52
Legal Effect of Bad Faith in Specification
If in the making of the thing bad faith intervened, the owner of the material has two options:
(1) to appropriate the work for himself without paying anything to the maker; or
(2) to demand of the latter (worker) that he indemnify him for the value of the material and the damages he may have suffered.
However, if the value of the work, for artistic or scientific reasons, is considerably more than that of the material, the owner of the material cannot appropriate the work. In such a case, the owner of the material can only demand from the worker the value of his materials and the damages he may have suffered.
53
Requisites of Action to Quiet Title:
(1) the plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action;
(2) there is a cloud on title to real property or any interest therein; and
(3) the deed, claim, encumbrance or proceeding claimed to be casting cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.
54
Legal or Equitable Title
- It is not necessary, therefore, that the person seeking to quiet his title be the registered owner of the property in question
- can connote acquisitive prescription by possession in the concept of an owner thereof.
55
Prescription in actions to quiet title
In an action to quiet title, the plaintiff need not be in possession of the property. If the plaintiff in an action for quieting of title, however, is in possession of the property being litigated, the action is imprescriptible.
If you are in possession, it does not prescribe because your right of possession is continuing and you are preventing invasion to the property.
If you are NOT in possession, prescribes if its ordinary (10) prescription or extraordinary (30)
56
Obligations of Owners of Falling Trees
1. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travellers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it should be done at his expense by order of the administrative authorities.
2. In paragraph 3 of Article 2191 of the New Civil Code, proprietors are liable for the falling of trees situated at or near highways or lanes, if the same is not caused by force majeure. Note, however, that if it is the tree contemplated under Article 483 which falls and causes damage to another, the owner thereof shall be deemed liable even if the reason for the fall be fortuitous event, such as typhoon or earthquake, because in this case the owner is already negligent for failing to take the necessary measures to insure public safety.
57
Co-ownership defined
There is a co-ownership whenever the ownership of an undivided thing or right belongs to different persons.
It is the right of common dominion which two or more persons have in a spiritual part of a thing which is not physically divided
58
May a a co-owner lease or mortgage his identifiable part of the property?
Yes. Provided that he identifies his part of the property and gets consents from the co-owners
59
What Governs Co-ownership?
In the same order
(a) contracts
(b) special legal provisions (law)
Ex. The special law of partnership will prevail over the general law of contracts.
(c) provisions of the Title on Co-ownership
60
Sources of Co-ownership LACOS
1. By law
2. By contract
3. By chance/accident
4. By occupation or occupancy
5. By succession or will
61
Requisites of Co-ownership (PUR)
l There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. Hence, in order that a co- ownership may exist the following requisites must concur:
1. Plurality of subjects - The person being referred maybe a natural or juridical person as long as they are allowed to own.
2. Unity of the Object - It doesn’t mean that you cannot separate it; it is just that at that time you look at it as a whole.
3. Recognition of Ideal Share - They only have an aliquot portion not yet determined. (law) Ex. The special law of partnership will prevail over the general law of contracts. (c) provisions of the Title on Co-ownership
62
Kinds of co-ownership:
From the viewpoint of subject matter:
1) Co-ownership of an undivided thing
2) Co-ownership of an undivided right (like a lease right inherited from a deceased father).
From the viewpoint of source:
1) Contractual co-ownership (an agreement not to divide for ten years allowed — Art. 494).
2) Non-contractual co-ownership (if the source is not a contract).
From the viewpoint of the rights of the co-owners:
1) Tenancy in common (or ownership in common or just co-ownership as contemplated in Art. 484).
2) Joint tenancy (also called joint ownership).
63
How is proportion in an ownership in a co-ownership determined?
The share of the co-owners, in the benefits
as well as in the charges, shall be proportional to
their respective interests. Any stipulation in a
contract to the contrary shall be void.
64
Limitations of a co-owners right to use the property
1. The purpose for which it is intended;
2. That it should NOT injure the interest of the co-ownership
3. That it should NOT prevent the other co-owners from using it according to their rights
65
Who may bring an action for ejectment among co-owners?
- A co-owner can bring an ejectment suit without the need of consent from the other co-owners.
- If an attorney-in-fact will institute the ejectment suit, he only needs the consent of the co-owner he represents.
- The presumption is that the case instituted by one was really in behalf of ALL. Even if not all co-owners may agree to the suit.
- Co-ownership is not a juridical person so the ejectment suit must be filed in his name. The other co-owners need not participate to the suit.
66
Co-owner's right to compel contribution
A co-owner has the right to compel the others to share in the expenses of preservation, even if incurred without prior notification to them (since the expenses are necessary)
BUT he must notify if practicable. - Reimbursement covers only NECESSARY expenses; it does not cover USEFUL expenses. - If he does not preserve the property, he may become negligent.
67
How may a co-owner avoid payment of compensation for expenses?
A co-owner may exempt himself from this duty to reimburse by RENOUNCING (abandoning for the benefit of the others) so much of his undivided share as may be equivalent to his share of the expenses and taxes.
- NOTE: The one renouncing DOES NOT necessarily renounce his entire interest in the co-ownership.
68
Renouncement Requisites:
1. If the renouncing is in favor of the creditor, said creditor must give his consent (for this would be a case of adjudicacion en pago or datio in solutum, where a debtor gives something else in payment of his debt).
2. If the renouncing is in favor of the other co-owners, a novation (in the form of substitution of debtor) would result — necessitating the consent of: a. said other co-owners AND b. of the creditor.
EXCP: When renouncement cannot be made: renouncing cannot be done if the co-ownership will be prejudiced.
69
How many co-owners must consent?
1. Repairs, ejectment action — ONE.
2. Alterations or acts of OWNERSHIP — ALL.
3. All others, like useful improvements, luxurious embellishments, administration and better enjoyment — FINANCIAL MAJORITY
70
Horizontal co-ownership
Rules on expenses:
1. Proportionate contribution is required for the
preservation of —
1. the main walls;
2. the party walls;
3. the roof (this is really used by ALL); and
4. the other things used in common.
2. Each floor owner must bear the expenses of his floor.
3. Stairs are to be maintained from story to story,
by the users.
In short, if he benefits therefrom, he must contribute.
71
What is alteration
(a) which is more or less permanent;
(b) which changes the use of the thing; and
(c) which prejudices the condition of the thing or its enjoyment by the others.
There is an alteration when the essence and nature of the property is changed which has some permanency. If the purpose is altered, it is only valid if there is consent of the co-owners to change it. This is so the right of co-owners will not be impaired.
72
Effects of an Illegal Alteration
1. The co-owner responsible may lose what he has spent;
2. Demolition can be compelled;
3. He would be liable for losses and damages;
4. BUT whatever benefits the co-ownership derives will belong to it (3 Manresa 468, 471-472);
5. In case a house is constructed on common lot, all the co-owners will be entitled to a proportionate share of the rent. (It is wrong to give all to the person who made the alteration and just let her pay rent on the land).
73
Acts of Administration or Management (ART RAC)
They are those:
1. that do not involve an alteration;
2. those that may be renewed from time to time;
3. those that have transitory effects, that is, do not bind the co-ownership for a long time in the future;
4. those that do not give rise to a real right over the thing owned in common;
5. those, which even if called an alteration, do not affect the substance or nature of the thing;
6. those for the common benefit of all the co-owners and not for only one or some of them.
NOTE: All the requisites mentioned must CONCUR.
74
Right of the Financial Majority
GR: Although they can approve resolutions for administration and better enjoyment, still before a decision is made, there should first be a notice to the minority so that they can be heard.
XPN: The majority would be justified in proceeding only when the urgency of the case and the difficulty of meeting with them render impracticable the giving of such notice.
75
The minority may APPEAL to the court against the decision of the majority when
1) there is no real majority (Art. 492);
2) the resolution is seriously prejudicial to the rights of an individual co-owner (Art. 492);
3) when the majority refuses to correct abuse of administration or maladministration;
4) when the minority is made the victim of fraud;
5) when an alteration (instead of mere act of administration) is agreed upon.
[NOTE: The court may even appoint an administrator. (Art. 492).].
76
Examples of Acts Seriously Prejudicial to the Co-ownership
1) When loans are made without sufficient security;
2) When an encumbrance or disposition is made since this would be an alteration;
3) When an abusive or inefficient administrator is not replaced.
77
Rules Regarding the Ideal Share
1. Each co-owner has FULL ownership of his part,
and of his share of the fruits and benefits.
2. And therefore, he may ALIENATE, ASSIGN, or
MORTGAGE his (ideal) share (not one with
boundaries).
78
Unauthorized Sale of the Entire Property by a co-owner
If a co-owner sells the entire common property, the sale is valid only insofar as his share is concerned, unless the other co-owners consented to the sale. The proper remedy is not nullfication of the sale but rather a partition.
79
Participation in the Partition in Case of the Alienation of a Co-owner’s Share
When a co-owner sells his share to a stranger, it is the stranger who should participate in the partition, and not the original co-owner, since the vendor has ceased to have an interest in the co-ownership.
80
When a Co-owner May Not Successfully Demand a Partition
1. If by agreement (for a period not exceeding 10 years), partition is prohibited. [NOTE: The term may be extended by a new agreement, but only after the expiration of the original period, otherwise the intention of the law would be
2. When partition is prohibited by a donor or testator (for a period not exceeding twenty years) — from whom the property
3. When partition is prohibited by law (as in the case of the conjugal partnership property, except in certain instances).
4. When a physical partition would render the property un- serviceable, but in this case, the property may be allotted to one of the co-owners, who shall indemnify the others, or it will be sold, and the proceeds distributed. (Art. 498).
5. When the legal nature of the common property does not allow partition (like in the case of party walls)
81
Prohibition to Partition Because of an Agreement
1. The period must not extend more than 10 years. (Art. 494).
2. If it exceeds 10 years, the stipulation is valid only insofar as the first 10 years are concerned.
3. There can be an extension but only after the original period has expired.
4. After the first extension, there can be another, and so on indefinitely, as long as for each extension, the period of 10 years is not exceeded.
82
Prescription in Favor of a Co-owner Against the Other Co-owners
GR: one co-owner cannot acquire the whole property as against the other co-owners. This is why the others can demand, as a rule, partition at any time. But this is only true, so long as the co-owner concerned expressly or impliedly recognizes the co-ownership.
XPN: If, however, certain requirements are complied with, a co-owner can become the exclusive owner of the others’ shares by prescription.
These conditions are:
1. He must make known to the other co-owners that he is definitely repudiating the co-ownership and that he is claiming complete ownership over the entire property.
2. The evidence of repudiation and knowledge on the part of the others must be clear and convincing.
3. The other requirements of prescription — continuous, open, peaceful, public, adverse possession for the period of time required under the law must be present.
4. The period of prescription (Statute of Limitations) shall start to run only from such repudiation of co- ownership
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Classification of the Various Kinds of Partition
(a) From the viewpoint of cause:
1) extrajudicial (or conventional)
2) judicial (when court approval is sought or when partition is made by the court)
(b) From the viewpoint of permanence:
1) provisional or temporary
2) permanent
(c) From the viewpoint of subject matter:
1) partition of real property
2) partition of personal property
(d) From` the viewpoint of forms and solemnities:
1) partition in a judicial decree
2) partition duly registered in the Registry of Prop- erty 3) partition in a public instrument
4) partition in a private instrument
5) oral partition The Law that Governs Partition (a) The Civil Code. (b) Suppletorily, the Rules of Court. (Rule 69 of the Rules of Court provides for the “Partition”).
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Requisites for a valid partition
1. the decedent left no will;
2. the decedent left no debts, or if there were debts left — all had been paid;
3. the heirs and liquidators are all of age, or if they are minors, the latter are represented by their judicial guardian or legal representatives; and
4. the partition was made by means of a public instrument or affidavit duly filed with the Register of Deeds.
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What a Person Desiring Judicial Partition of Real Estate Must Do
A person having the right to compel the partition of real estate should set forth in his complaint the NATURE and EXTENT of his TITLE; and an adequate DESCRIPTION of the real estate. He must join as DEFENDANTS all the other persons interested in the property. (Sec. 1, Rule 69, Rules of Court).
(a) Unless all other co-owners and interested persons are made defendants, the action will not prosper.
(b) If a co-owner is dead, his administrator or his heirs may bring the action.
(c) Insufficiency of description in the complaint may be cured even during the trial, not afterwards.
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Right to possession vs. Right of possession
(a) Right TO possession (jus possidendi) — This is a right or incident of ownership. (Example: I own a house; therefore I am entitled to posses it.)
(b) Right OF possession (jus possessionis) — This is an independent right of itself, independent of ownership.
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Degrees of Possession
1. Mere holding or having, without any right whatsoever. (This is the grammatical degree). (Example: possession by a thief.)
2. Possession with a juridical title, but not that of an owner. (Example: that of a lessee, pledgee, depositary.) (This is called juridical possession.)
3. Possession with a just title, but not from the true owner (This is called real possessory right.) (Example: A in good faith buys an automobile from B who delivers same to A, and who merely pretended to be the owner.)
4. Possession with a title of dominium, that is, with a just title from the owner. (This is really ownership or possession that springs from ownership.)
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Is mere tolerance a judicial possession?
Yes, there is an implied contract between the owner and lessee. However, once the owner demands to vacate, he should vacate.
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Requisites or Elements of Possession
1. There must be a holding or control (occupancy, or taking or apprehension) of a thing or a right. (This holding may be actual or constructive.)
2. There must be a deliberate intention to possess (animus possidendi) This is a state of the mind.
3. The possession must be by virtue of one’s own right. (This may be because he is an owner or because of a right derived from the owner such as that of a tenant.)
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Classes of Possession
(a) In one’s own name or in that of another. (Art. 524). - own name - pangalan mo talaga; this is different from a lessee si lessee kasi has the right to possess - actual possession - Owner - right of possession; right to possess - if of another, there must be a trust agreement
(b) In the concept of owner (en concepto de dueno) and in the concept of holder. (Art. 525).
(c) In good faith (bona fide) or in bad faith. (mala fide)
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When does bad faith in possession begin?
Bad faith can start either when someone receives a court summons or earlier, like when they get a letter from the true owner, and failing to investigate upon receiving such a letter means bad faith is counted from that time, while remaining in good faith can excuse someone from responsibility for losses due to accidents during a trial.
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How Is Possession Acquired?
1. By material occupation (detention) of a thing or the exercise of a right (quasi-possession). - (This also includes constitutum possessorium or traditio brevi manu.)
2. By subjection to our will - (this includes traditio longa manu — by mere agreement; or by the delivery of keys — traditio simbolica) (clearly, this does not require actual physical detention or seizure).
3. By constructive possession or proper acts and legal formalities - (such as succession, donation, execution of public instruments; or thru the possession by a sheriff by virtue of a court order.)
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Constitutum possessorium
exists when a person who possessed property as an owner, now possesses it in some other capacity, as that of lessee or depositary. (EX. Lease to own)
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Traditio brevi manu
Grantee has already acquired actual control or possession of a thing (ex. lease).
A mere declaration on the part of the grantor that the grantee shall hold the thing already in possession as a form of delivery.
— (the opposite of constitutum possessorium) — this exists when a person who possessed property not as an owner (like a lessee), now possesses it as owner
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Traditio longa manu
(3) Traditio longa manu (delivery by the long hand) — delivery by consent or mere pointing.
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Essential Requirements for Possession
1. the corpus (or the thing physically detained). — body
2. the animus or intent to possess (whether evidenced expressly or impliedly). (Ex. NAIA)
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Requisites for personal acquisition of possession
1) intent to possess
2) capacity to possess
3) object must be capable of being possessed
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Requisites for an authorized person to possess
1) intent to possess for principal (not for agent)
2) authority or capacity to possess (for another)
3) principal has intent and capacity to possess
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Requisites for unauthorized person (as in negotiorum gestio)
1) intent to possess for another (the “principal)
2) capacity of “principal” to possess
3) ratification by “principal” (The possession although cured only by the express or implied ratification should be regarded as having a RETROACTIVE effect.)
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Negotiorum Gestio
Whoever voluntarily takes charge of the agency or management of the business or property of another without any power from the latter, is obliged to continue the same until the termination of the affair.
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When is there a presumption of ownership on property?
Actual possession under claim of ownership raises a disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property
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Acquisition of Possession by Minors and Incapacitated Persons
A minor may acquire the possession of a fountain pen donated to him, but in case of a court action regarding ownership over the pen, his parents or legal representatives must intervene. Persons
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Modes Thru Which Possession Cannot Be Acquired
1. Force/intimidation
2. Secrecy
3. Prescription
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Clandestine Possession
For clandestine possession to affect the owner’s possession, the possession must also be unknown to the owner. There is a presumption however that when possession is clandestine, it is also unknown to the owner.
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Possession by Force or Violence
The force may be:
1) actual or merely threatened;
2) done by possessor himself or by his agent;
3) done against the owner or against any other
possessor or against the owner’s representative,
such as a capataz
4) done to oust possessor; or if occupied during
the latter’s absence, done to prevent his getting
back the premises.
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Criteria in Case of Conflict or Dispute Regarding Possession
1. present possessor shall be preferred
2. if both are present, the one longer in possession
3. if both began to possess at the same time, the
one who present/has a title (certificate fot title)
4. if both present a title, the Court will determine.
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Preference of Ownership in case of DOUBLE SALE or a DOUBLE DONATION.
1. MOVABLE property — Preference in ownership is given to the person who first possessed it in good faith.
2. IMMOVABLE property — Preference in ownership is given to
a. the first who registered his right in good faith in the Registry of Property.
b. if there was no registration, to the person who first possessed it in good faith.
c. if there was no possession, to the person who presents the oldest title, provided that the title had been acquired in good faith.
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Effects of Possession
Rights under this article (RIP)
1. Right of a person to be respected in his
possession
2. Right to be protected in or restored to said
possession
3. Right to file a writ of preliminary mandatory
injunction.
a. It should be filed within 10 days and
decided by the court within 30 days
because there is a grave danger on the
ownership of the property.
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Possession in the Concept of Owner
(a) If a person possesses en concepto de dueño — he may eventually become the owner by prescription.
(b) Thus, a possessor merely in the concept of holder cannot acquire property by acquisitive prescription. (This is because here the possession, far from being adverse, recognizes right of ownership in others
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Mode vs. Title
Mode - The process of acquiring or transferring ownership
Title - that which is not ordinarily sufficient to convey ownership, but gives a juridical justification for a mode; provides a cause for the acquisition of ownership. (Kasama dito ang sale)
TABULAR FORM
MODE - Proximate Cause
TITLE - Remote Cause
MODE - True Cause (process)
TITLE - Justification for the process
MODE - directly produces a real right
TITLE - serves merely to give an opportunity for the existence of a real right
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Modes of Acquiring Ownership
1. Original modes
a. Occupation
b. Creation or work
2. Derivative modes
a. Succession
b. Donation
c. Prescription
d. Law
e. Tradition
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Requisites for occupation
1. There must be a seizure or apprehension (right
of disposition).
2. The property seized must be corporeal personal
property.
3. The property seized must be susceptible of
appropriation (either abandoned property or
unowned property).
4. There must be an intent to appropriate.
5. The requisites or conditions of the law must be
complied with.
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When a Thing is Considered Abandoned
1. Expectation to recover is gone; and
2. intention to return or have it has been given up by the owner
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Acquisition of Domesticated and Domestic Animals
1. Domesticated (tamed) animals — occupation (20 days) unless a claim has been made for them.
2. Domestic (tame) animals cannot be acquired by occupation unless there is an ABANDONMENT.
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By intellectual creation, the following
persons acquire ownership
(1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work;
(2) The composer, as to his musical composition;
(3) The painter, sculptor, or other artist, with respect to the product of his art;
(4) The scientist or technologist or any other person with regard to his discovery or invention.
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Donation defined
- act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.
- It may also be defined as “a gratuitous contract whereby the donor divests himself, at present and irrevocably, of the thing given in favor of the donee.
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Elements of Donation
1. the essential reduction of the patrimony of the donor;
2. the increase in the patrimony of the donee; and
3. the intent to do an act of liberality or animus donandi (Donative intent is presumed present when one gives a part of one’s patrimony to another without consideration.)
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Classification of Donations
From the viewpoint of motive, purpose, or cause:
1. Simple
2. Remuneratory – to reward past services
3. Remuneratory – to reward future services
4. Onerous
From the viewpoint of time of taking effect:
1. inter vivos
2. Mostis causa
3. in praesenti to be delivered in futuro
From the viewpoint of occasion:
1. ordinary donation
2. donation propter nuptias (in consideration of
marriage).
From the viewpoint of object donated:
1. Corporeal property
a. donations of real property
b. donations of personal property
2. Incorporeal property — donations of alienable
rights.
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Effect of impossible donations
Illegal or impossible conditions in simple
and remuneratory donations shall be considered as
not imposed. (n)
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When is a donation deemed perfected?
- perfected when donor knows the acceptance by the donee
- When it is perfected, there is a transfer of ownership
- There must be capacity at the time of the acceptance
- May be actual or constructive
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Who may donate?
1. person who is capacitated to contract; AND
2. capacitated to dispose (by acts inter vivos) of his property.
122
Donation by a guardian or trustee
GR: Guardians and trustees, even with the authorization of the owner, cannot donate the property entrusted to them, because they are not the owners thereof.
XP: 1. Trustees who have repudiated the trust and have acquired the properties by prescription are, of course, allowed to donate said properties; or
2. Donation is beneficial to the owner (onerous contract)
3. Donation in the name of the owner and with judicial permission
123
When is an unborn child considered born?
1. Has an intrauterine life of 7 mos —> born/alive from birth even if it dies later on.
2. Has an intrauterine life of LESS THAN 7 mos —> must be alive when born and must stay alive for 24 hours.
124
Requisites for donation propter nuptias
1. It must be made before the celebration of the marriage;
2. it must be made in consideration of the marriage; and
3. it must be made in favor of one or both of the future spouses.
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Formalities of donations of personal property
1. If the value does not exceed 5,000 pesos — oral + delivery of the thing
2. If the value exceeds 5,000 pesos — donation and the acceptance must be in writing, otherwise, the donation shall be void (public/private doc)
126
Donation of real property
1. both the donation and the acceptance must be embodied in a public instrument, although not necessarily embodied in a single document;
2. the real property donated and the value of the charges which the donee is required to satisfy must be specified in the deed of donation;
a. if the value of the burdens or charges is at least equal or superior than that of the value of the property donated, the donation is in reality a contract and governed by the law on contracts.
3. if the acceptance is embodied in a separate public document, the donor shall be notified thereof in an authentic form and such step shall be noted in both instruments of donation and acceptance. a. There is no need to record these documents to the registry of deeds, but in order to bind third persons it must be registered
127
When may a donation be revoked?
(1) the subsequent appearance of children;
(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; or
(3) if the donor subsequently adopt a minor child.
(2) the non-fulfillment of charges imposed in the donation;
(3) the ingratitude of the donee; and
(4) the fact that the donation is inofficious.
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When donation may be reduced:
1. that the donor did not reserve sufficient property for his own and his family’s support;
2. by the subsequent appearance of children; and
3. that the donation is inofficious.
129
Effects of Reduction or Revocation of Donation
1. The property affected shall be returned, or if it cannot be returned, at least its value;
2. If the property is mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed, with a right to recover his payment from the donee. When the property cannot be returned, it shall be estimated at what it was worth at the time of the donation.
3. The donee shall return the fruits of property affected only from the filing of the complaint.
130
Cloud on Title
PRICE
An outstanding proceeding, record, instrument, claim or encumbrance which is actually invalid or inoperative but may nevertheless impair the property
131
Legal Redemption of Co-Owners when another co-owner sells his share to strangers
1. There must be a co-ownership
2. One of the co-owners sold his right to a stranger
3. The sale was made before the partition of the property
4. The right of redemption must be exercised within 30 days the day they were informed in writing of the sale by the buyer/seller
5. The buyer must be reimbursed for the price of the sale
132
Can a co-owner claim a definite portion of a property?
By the nature of the co-ownership, a co-owner cannot point to a specific portion of the property owned in common as his own because his share therein remains intagible.
133
How to resovle conflict in Possession de Facto
1. The present possessor shall be preferred
2. If there are two possessors, the one in longer possession is preferred
3. If the dates of the possession are the same, the one who presents a title
4. If all the foregoing conclusions are equal, the thing shall be placed in judicial deposit pending determination of its ownership or possession
134
Rights of Ownership (FEEDS HARD)
RIGHT TO
1. Fence
2. Exclude others from the property
3. Enjoy
4. Dispose
5. the Surface, sub-surface and space above the land
6. Hidden Treasure
7. Accession
8. Recover
9. compensation in case of eminent Domain
135
**Mirror Doctrine**
Every person dealing with registered land may safely rely on the correctness of the of the certificate of title issued therefor and is no way obliged to go beyond the ceritificate to go beyond the title of the property. (provided that such party is in good faith)
136
Is registration a mode of acquiring ownership?
No. Registering a piece of land under the Torrens system is not a mode of acquiring ownership but it merely a procedure to establish evidence of title over realty.
It does not give the registrant a better right than what he had prior to the registration.
137
Is registration a mode of acquiring ownership?
No. Registering a piece of land under the Torrens system is not a mode of acquiring ownership but it merely a procedure to establish evidence of title over realty.
It does not give the registrant a better right than what he had prior to the registration.
138
Purpose of Registration
3rd Parties not privy to the contract will be aware of the land.
NOTE: Knowledge of an act, although not in the title, that affect such immovable property is in effect a registration. Therefore, those who know of a defect in their title are in bad faith
139
When is something lost?
You do not know the whereabouts of the thing after an earnest effort to look for the thing.
It may still be lost even if you know where it is. ie. lost in the ocean or in a great canyon
140
Reconveyance
> Legal and equitable remedy granted to the rightful owner of the land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him
> After one year from the issuance of the decree, may bring action for reconveyance of the property
141
Reconveyance
> Legal and equitable remedy granted to the rightful owner of the land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him
> After one year from the issuance of the decree, may bring action for reconveyance of the property
