CIVIL LAW PROPERTY

Book II
Characteristics of Property
a. Utility for the satisfaction of moral or economic wants.
b. Susceptibility of appropriation.
c. Individuality or substantivity (that is, it can exist by itself, and not
merely as a part of a whole).
Classification of Property by Object
1. Real and Immovable and Personal or Movable (Art. 414)
a. Parties to a contract may treat what is real as personal or vice versa
(Leung Yee v. Strong Machinery Co., 37 Phil. 531; Sergs Products v. PCI
Leasing, GR 137705, Aug 22,2000)
b. Special laws may provide otherwise, e.g. growing crops under chattel
mortgage law.
Real & Personal Property
2. Real or immovable property Art. 415 New Civil Code (Memorize).
3. Academic classification of real property:
a. by nature (par. 1, 8, Art. 415)
b. by incorporation (par. 2, 3, 7, Art. 415)
c. by destination (par. 4, 5, 6, 9, Art. 415)
d. by analogy (par. 10, Art. 415)
4. Personal property Arts. 416 & 417 (Memorize)
5. The business of providing telecommunication or telephone service is
likewise personal property which can be the object of theft under Article 308
of the Revised Penal Code. (Laurel vs. Abrogar, 576 SCRA 41).
Classification of Property by owner

1. Classification: Property of public dominion and property of private

ownership (Art. 419)
2. Property of public dominion:
a. Property for public use;
b. Property for public service;
c. Property for development of the national
wealth. (Art. 420)
Property of public dominion
3. Property for public use may be used by any member of the public.
Property for public service may be used only by persons authorized, but for
the benefit of the public.
4. Characteristics of properties of public dominion:
a. Outside the commerce of man.
b. Cannot be acquired by prescription.
c. Cannot be registered under Torrens system,
d. Cannot be attached or levied on execution.
e. In general, can be used by everybody.
f. May be real or personal property.
5. Examples of properties for public use roads, canals, torrents, ports and
bridges constructed by the state, banks, shores, roadsteads and others of
similar character.
a. Foreshore lands and lands reclaimed from the sea.
Property for public service
1.
In general, can be used only by authorized persons but for the benefit of
the public.
2.
Examples: city halls, fire trucks, police cars, airports (MIAA v. City of
Pasay, 495 SCRA 591).

3.
Property of public dominion, when no longer needed for public use or
public service, shall form part of the patrimonial property of the State. (Art.
422).
a. Legislative authority is required.
Property
of
and municipalities.

provinces,

cities

Divided into property for public use and patrimonial property (Art.

423)
2. Property for public use consist of provincial roads, city streets, municipal
streets, squares, fountains, public waters, promenades, and public works for
public service, paid for by said provinces, cities or municipalities. (Art. 424)
Patrimonial Property

Properties of private ownership belong to private persons as well as to

the State and local government units. In the case of the State and LGUs,
they are called patrimonial property.
2.
The lands and buildings held by the Manila International Airport
Authority are properties of the State for public service (MIAA vs. CA, 495
SCRA 591).
Patrimonial Property
Distinction between private property of individual persons and State
entities - There must be an express government manifestation that a
property entrusted to a government entity is already patrimonial or no longer
retained for public service of the development of national wealth under
Article 422 of the Civil Code. (Francisco Chavez vs. Public Estates Authority
G.R. No. 133250, 9 July 2002)
Classification of Property by nature
1. According to their nature, movable property is either consummable or
non-consummable. To the first class belong those movables which cannot
be used in a manner appropriate to their nature without being consumed; to
the second class belong all the others (Art. 418).
2. According to the intention of the parties, movable property is either
fungible or non-fungible. If it is agreed that the identical thing be

returned, it is non-fungible. If it is agreed that an equivalent be returned, it

is fungible.
OWNERSHIP
Rights of an owner
The owner has the right to enjoy and dispose of a thing, without limitations
than those established by law.
The owner also has a right of action against the holder and possessor of the
thing in order to recover it. (Art. 428)
NotesThe right to enjoy includes the right to possess (jus possidendi), the
right to use (jus utendi) and the right to the fruits (jus fruendi)
2. The right to dispose (jus disponendi) includes the right to abuse or
destroy (jus abutendi).
3. The right of action to recover is jusvindicandi.
4. Actions to recover are:
a. to recover personal property replevin
b. to recover real property forcible entry, unlawful detainer, accion
publiciana, accion reivindicatoria.
Forcible entry (detentacion) is a summary action to recover possession of
real property when a person originally in possession was deprived of it by
force, intimidation, strategy, threat or stealth (FISTS).
a. It is to be filed in the MTC of the municipality or city where the
property is located.
b. It is to be filed within a period of one year from the dispossesion, or
discovery thereof if by strategy or stealth.
c. The sole issue is physical possesion (possession de facto).
d. All that the plaintiff is required to prove is previous possession and the
deprivation thereof by FISTS.

5.
Unlawful detainer (Desahucio) is a summary action bought to recover
possession of real property which is being unlawfully witheld by a defendant
whose right thereto by any contract has expired or terminated.
a. It is to be filed in the MTC of the city or municipality where the
property is located.
b. It is to be filed with9in s period of one year from the time that the
possession of the defendant has become unlawful.
c. The sole issue to be resolved is physical possession (possession de
facto)
6. Forcible Entry and Unlawful Detainer (both known as accion interdictal)
are actions for recovery of possession. The difference between the two
actions is that in Forcible Entry, the possession of the defendant was
unlawful from the beginning, while in Unlawful Detainer, the possession of
the defendant was originally lawful but became unlawful afterwards.
7. Accion Publiciana an action to recover possession of property based
on a better right or possession, or when the actions for forcible entry or
unlawful detainer have already prescribed.
a. It is to be brought in the RTC of the city or province where the property
is located.
b. The prescriptive period is 10 years.
c. The issue is possession de jure.
8. Accion Reinvindictoria an action to recover ownership of property.
a. Must be filed in the RTC of the city or province where the property is
located.
b. It must be brought within a period of 10 or 30 years from the time the
plaintiff lost possession or had knowledge thereof (depending on whether
the defendant is seeking ownership by ordinary or extraordinary prescription)
c. Issue is ownership.
9. Replevin an action or provisional remedy to recover possession of
personal property

10. Requisites for recovery: In an action to recover, the property must be

identified and the plaintiff must rely on the strength of his own title
and not on the weakness of the defendants claim (Art. 434)
a. Property must be identified with particularity so that the court will
know the object of the action.
b. Plaintiff must rely on the strength of his title because the defendant
is presumed to be the owner (Art. 433)..
Hidden Treasure (Art. 438)
Belongs to the owner of the land, building, or other property on which it is
found.
When the discovery is made on the property of another, or of the State or
any of its subdivisions, and by chance, one-half thereof shall be allowed to
the finder. If the finder is a trespasser, he shall not be entitled to any
share of the treasure.
If things found be of interest to science or the arts, the state may acquire
them at their just price, which shall be divided in conformity with the rule
stated.
Hidden Treasure (Art. 439)
By treasure is understood, for legal purposes, any hidden or unknown
deposit of money, jewelry or other precious objects, the lawful ownership of
which does not appear.
Note: Following the doctrine of ejusdem generis, other precious object
should be understood to refer to the same class as money or jewelry, and
should not therefore include property imbedded in the soil or part of the soil,
like minerals. Immovables, like a tomb, would of course be excluded, but
not the things found inside said tomb.
ACCESSION
Art. 440. The ownership of property gives the right by accession to
everything which is produced thereby or attached thereto either naturally or
artificially.
Classification
Accession discreta to everything which is produced thereby

Accession continua to everything which is attached thereto either

naturally or artificially.
Naturally by the forces of nature
Artificially by the acts of man
ACCESSION DISCRETA
To the owner belongs:
1. The natural fruits,
2. The industrial fruits
3. The civil fruits (Art. 441)
Natural fruits - the spontaneous products of the soil and the young and other
products of animals
a. Other products milk of cows, eggs of chicken
b. If parents of the young belong to different owners, the young should
pertain to the owner of the female, barring an agreement to the contrary.
Accession Discreta
Industrial fruits those produced by lands of any kind through cultivation
and labor.
Civil fruits - rents of buildings, the price of leases of lands and other
property, and the amount of perpetual or life annuities or other income.(Art.
442)
Only those which are manifest or born are considered as natural or industrial
fruits.
With respect to animals, it is sufficient that they are in the womb of the
mother, although unborn (Art.444)
ACCESSION DISCRETA
He who receives the fruits has the obligation to pay the expenses made by a
third person in their production, gathering or preservation.(Art. 443).
He who receives the fruits the owner;

 third person possessor in bad faith,

expenses of gathering or preservation refers to harvested
fruits.,
ACCESSION
(With
regard
(Arts. 446 - 456)

CONTINUA
to

real

INDUSTRIAL
property)

Done by Building, Planting or Sowing.

Planting a perpetual crop; sowing an annual crop.
Basic Rule: Whatever is built, planted or sown on the land of another
belongs to the owner of the land, subject to the provisions of the following
articles. (Art. 445)
Basic Principles:
1. The accessory follows the principal.
2. The incorporation must be such that the principal and the
cannot be separated without substantial injury to either..

accessory

3. He who is in good faith may be held responsible but should not be

penalized.
4. He who acts in bad faith may be penalized.
5. No one should enrich himself unjustly at the expense of another,
6. Bad faith of one neutralizes the bad faith of the other.
Art. 447 Owner of land (OL) builds, plants or sows on thereon with
materials of another (OM):
1. 1st situation: OL and OM in good faith
OL can remove materials if it can be done without injury to
work. Otherwise, OM can keep materials but pay for their
value.
2 2nd situation: OL in bad faith, OM in good faith

OM can remove materials or demand payment, plus

damages in either case.
3.. 3rd situation: OL in good faith, OM in bad faith
OL can keep materials without paying, plus damages.
4. 4th situation: Both are in bad faith
Same as both in good faith.
Art. 448 - Builder, planter or sower (BPS) builds, plants or sows on land of
another (OL) in good faith.
OL has option to appropriate the works upon payment of indemnity, or to
compel builder or planter to buy the land and the sower to pay the proper
rent.
But he cannot compel the builder or planter to buy the land if the value
thereof is considerably higher than the value of the improvement. In such
case, they will enter into a contract of lease., and of they cannot agree on
the terms and conditions thereof, the court will fix it for them.
Notes:
1. Both the OL and BPS are in good faith. BPS is in god faith if he builds,
plants or sows on the land believing that it belongs to him OL is in good faith
if he did not know that someone was building. planting or sowing in his land,
or when
he learned about it, he objected immediately.

Option is given to OL because the land is the principal.

OLs choice is limited to two only. He cannot demand removal. He can

demand it only if the builder or planter failed to buy the land.
4. The indemnity OL should pay is the fair market value. (Pecson vs. CA,
244 SCRA 407)
Art.449-451
OL in good faith, BPS in bad faith

OL has three options:

1. To appropriate the improvement without indemnity, or
2. To compel the builder or planter to buy the land, even if considerably
higher in value, and the sower to pay the proper rent;, or
3. To demand removal of the work,
Plus damages in either case.
BPS is entitled only to reimbursement for the necessary expenses for the
preservation of the land. (Art. 452)
Arts. 453, 454, 455
If OL in bad faith, BPS in good faith (Art. 454)
Provisions of Art. 447 shall apply
(BPS may demand indemnity or removal of the work, with damages in
either case.)
If both parties are in bad faith - both treated as in good faith (Art. 453)
If materials belong to a third person (OM) - OL is subsidiarily liable to the
owner of the materials if:
a. OL has appropriated the works, and
b. OM is in good faith. (Art. 455)
Usufructuary
Art. 579. Usufructuary may make useful or luxurious improvements on
the property under usufruct, provided he does not alter its form and
substance, but he shall have no right to be indemnified therefor. He may
however remove them should it be possible without causing injury to the
property.
Art. 580. The usufructuary may set off the improvements he made on
the property against any damage to the same.
Accession Continua Natural

Alluvium. To the owners of lands adjoining the banks of rivers belong

the accretion which they gradually ree3ive from the effects of the current of
the waters. (Art. 457)
Notes:
1. Requisites: (1) cause is current of the river, (2) deposit must be
gradual and imperceptible, land where accretion takes place is adjacent to
the banks of the river, (4) river must continue to exist.
2. Accretion can take place along the banks of a lake (Govt v. Colegio de
San Jose, 53 Phil. 423, Meneses v. CA, 246 SCRA 162)
but not in ponds
and lagoons (Art. 458)
- Accretion does not take place along the shores of the sea.
3. Ownership is automatically acquired by the riparian owner by
Riparian owner is not required to take any act to acquire ownership.

law.

4. Registration is not required for acquiring ownership, but useful to

protect ownership from being acquired by others through acquisitive
prescription.
AVULSION
Whenever the current of a river, creek or torrent segregates from an
estate on its bank a known portion of land and transfers it to another estate,
the owner of the land to which the segregated portion belonged retains the
ownership of it, provided that the removes the same within two years. (Art.
459)
1. Opposite of alluvium. Action of river is abrupt, soil segregated is
identifiable, original owner retains ownership provided he remove the same
within two years.
2. Claims same as removes (Code Commission)
3. Delayed accession; it takes place only after 2 years.
Trees uprooted and carried away b the current belong to the owner of
the land upon which they may be cast, if the owners do not claim them
within six months. (Art. 460).
Same principle as avulsion.

Also a case of delayed accession, because owner of land on which the

trees may be cast acquires ownership of them only after six months and
original owners did not claim them.
Change in course of Rivers. River beds which are abandoned through
the natural change in the course of the waters ipso facto belong to the
owners whose lands are covered by he new course in proportion to the area
lost. However, the owners of he lands adjoining the old bed shall have the
right to acquire the same by paying the value thereof, which value shall not
exceed the value of the area occupied by the new bed. (Art. 461)
Notes:
!. Change of course must be sudden, a natural one and more or less
permanent.
2. Owners of the land along the old bed have a period of two years to
bring the river back to it old course. (Art. 58, Water Code, PD 1067)
3. Also a case of delayed succession due to the right of the lands
bordering the abandoned bed to acquire it by paying the value thereof.
4. New bed becomes property of public dominion (Art. 462)
Owner retains ownership of land isolated by branching of waters of a
river. (Art. 463)
Accession with respect to Movables
Adjunction or Conjunction
Definition process by virtue of which two movable things belonging to
different persons are united a such a way that they form a single object
Different kinds: inclusion, soldering, escritura, pintura, weaving.
Rules:
1. When the things are united without bad faith - owner of principal
acquires the accessory after paying for its value. (Art, 466)
2. When the owner of the accessory made the incorporation in bad faith,
he shall lose the thing incorporated, and indemnify he owner of the principal
for damages. (Art. 470)

3. If the one who acted in bad faith is the owner of the principal, the
owner of the accessory shall have the option to demand payment for its
value or separation of the thing belonging to him eve it will mean destroying
the principal thing, plus damages in either case. (Art. 470)
4. If both are in bad faith, they shall be treated as in good faith (Art. 470)
5. When ever the things united can be separated, heir owners can demand
separation. Nevertheless, if the accessory is much more precious than the
principal, the owner of the former may demand its separation even though
the principal may suffer some injury. (Art. 469)
6. The principal is deemed to be that to which the other has been united as
an ornament or for its use or perfection (Art. 467). If it cannot be determined
by his rule, that of the greater value shall be considered the principal, and if
of equal value, that of the greater volume (Art. 468)
In painting, sculpture, writings, printed matter, engraving and lithographs,
the board, metal , stone, canvas, paper or parchment shall be deemed the
accessory. (Art. 468)
Adjunction or Conjunction
Mixture - combination or union of materials where the respective identities
of the component elements are lost.
Kinds: commixtion (if solids are mixed), or confusion (if liquids are mixed.
Rules:
1. If caused by the will of their owners, by chance, or by the will of only one
owner who acted in good faith, each owner shall acquire a right proportional
to the value of the part belonging to him (Arts. 472, 473).
2. If the one who caused the mixture acted in bad faith, he shall lose his
thing plus being liable for damages. (Art. 473)
Specification giving of a new form to anothers material thru the
application of labor.
1. If the worker (principal) is in good faith
a. He appropriates the new thing but must pay indemnity for the
material.
b. But if the material (accessory) is more precious

than the new thing, the owner has the option:

to get the new thing, or demand indemnity.
2. If worker is in bad faith, owner of material has option:
i. to appropriate work without paying for work, but not if the value of the
work is more valuable than the material, or
ii. To demand indemnity for materials, plus damages.
Real Rights and Personal Rights
A real right (jus in re) is the power of a person to obtain certain financial or
economic advantages over a specific thing, a power enforceable against the
whole word.
A personal right i(jus in personam) is the power belonging to a person to
demand from another as a definite passive subject debtor, the fulfillment of
a prestation to give, to do or not to do.
1. Real right has a specific object; personal right affects all the present and
future properties of the debtor,
2. In real right, there is a definite active subject while the word is the passive
subject; in personal right there is a definite active and passive subject.
3. Real right is a right over a thing; in personal right, the right is to a thing.
4. Real right is created by mode and title; personal right is created by title
only.
5. Real right is extinguished by loss or destruction; personal right is not so
extinguished
Modes of Acquiring Ownership
1. Original modes Occupation and intellectual

creation.

2. Derivative modes law, donation, testate and intestate succession,

tradition as a consequence of certain contracts, prescription. (Art. 712)
Limitations on Ownership
1. General Limitations:

a. Taxation government may impose a tax on property, and if these are

not paid, the property may be seized.
b. Police power Property may be condemned or seized in the interest of
health, safety or security and the owner shall not be entitled to
compensation unless he can show such seizure is unjustified. (At. 436) Salus
populi est suprema lex.
c. Eminent domain No person shall be deprived of his property except by
competent court and for public use and always upon payment of just
compensation (Art. 435)
2. Specific Limitations
a. imposed by law legal easement of waters
b. sic utere tuo ut alterium non alienas The owner of a thing cannot
make use thereof in such a manner as to injure the rights of a third person
(Art. 431)
c. nuisance a public nuisance may be abated
proceedings.

without judicial

d. 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 eminent danger and the threatened damage, compared to the
damage arising from the interference, is much greater. (Art. 432)
e. Voluntary easements the owner of property may establish thereon
such easement as he may deem proper, so long as it does not violate the
law, public policy or public order (Art. 688.
f. Servitudes (Spanish law concept) same as easements (common law
concept), only broader (covers personal property).
g. mortgages imposed by contracts.
QUIETING OF TITLE
A. Requirement - a fixed determination on the part of the defendant to
create a cloud on title to real property, consisting of any instrument, record,
claim, encumbrance or proceeding which is apparently valid or effective but
in truth and in fact is invalid, ineffective, voidable, unenforceable,
extinguished or terminated, or barred by extinctive prescription (Arts.476
and 478).

B. Quieting title is remedial; preventing a cloud is preventive.

C. Action does not prescribe if the plaintiff is in possession; prescribes if he is
not in possession, because the action would actually be one to recover
possession.
CO-OWNERSHIP
Characteristics of co-ownership

There must be more than one subject or owner.

There is one physical whole divided into ideal undivided shares.

3. Each ideal share is definite in amount, but is not physically segregated

from the rest.
4. Regarding the physical whole, each co-owner must respect each other
in the common use, enjoyment or preservation of the physical whole.
5. Regarding the ideal share, each co-owner holds almost absolute control
over the same.
6. It is not a juridical person.
7. A co-owners is in a sense a trustee for the other co-owners.
1. Law
2. Contract
3. Chance
4. Occupation
5. Succession
Co-ownership
Rights of Co-owners
1. As to the property each co-owner may use the thing owned in
common , provided he does so in accordance with the purpose for which it is
intended and in such a way as not to injure the interests of the co-ownership

or prevent the other co-owners from using it according to their rights. (Art.
486)
2. As to the ideal share Each co-owner shall have the full ownership of his
part and the fruits and benefits pertaining thereto, and he may therefore,
alienate, assign or mortgage it, and even substitute another person in its
enjoyment, except when personal rights are involved. (Art. 493)
Co-ownership
Acts of Alteration
None of the co-owners shall, without the consent of the others, make
alterations in the thing owned in common, even though benefits for all will
result therefrom. However, if the withholding of the consent of one or more
of the co-owners is clearly prejudicial to the common interest, the courts
may afford adequate relief. (Art. 491)
An alteration is a change which is more or less permanent, changes the use
of the thing, and prejudices the condition of the thing or its enjoyment by the
others.
Co-ownership
Right to partition
No co-owner shall be obliged to remain in the co-ownership. Each coowner may demand at any time the partition of the thing owned in common,
insofar as his share is concerned.
Nevertheless, an agreement to keep the thing undivided for certain
period of time, not exceeding ten years, shall be valid. This term maybe
extended by a new agreement.
A donor or testator may prohibit partition for a period which shall not
exceed twenty years.
Neither shall there be any partition when it is prohibited by law.
No prescription shall run in favor of a co-owner or co=heir against his coowners or co-heirs as long as he expressly or impliedly recognizes the coownership. (Art. 494)
Co-ownership
Additional exception to the right to demand partition:

The family home shall continue despite the death of one or both spouses or
of the unmarried head of the family for a period of ten years or for as long as
there is a minor beneficiary, and the heirs cannot partition the same unless
the court finds compelling reasons therefor. This rule shall apply regardless
of whoever owns the property or constituted the family home. ()Art. 159,
Family Code; Arriola vs. Arriola, 542 SCRA 666)
Co-ownership
Necessary expenses; waiver
Each co-owner shall have a right to compel the other co-owners to
contribute to the expenses of preservation of the thing or right owned in
common and to the taxes. Any one of the latter may exempt himself from
this obligation by renouncing so much of his undivided interest as may be
equivalent to his share of the expenses and taxes. No such waiver shall be
made if it is prejudicial t o the co-ownership. (Art. 488)
Co-ownership
Right of redemption of co-owners share
A co-owner of a thing may exercise the right of redemption in case the
share of all the co-owners or any of them are sold to a third person. If the
price of the alienation is grossly excessive, the redemptioner shall pay only
a reasonable one.
Should two or more co-owners desire to exercise the right of
redemption, they may only do so in proportion to the share they may
respectively have in the thing owned in common. (Art. 1620)
Right must be exercised within 30 days from notice in writing.
Co-ownership
Termination/Extinguishment
(a) judicial partition
(b) extrajudicial partition
prescription in favor of one co-owner
(d) prescription in favor of a stranger
(e) merger in one co-owner

(f) loss or destruction

(g) expropriation
Co-ownership
Effects of partition
Upon partition, there shall be mutual accounting for benefits received
and reimbursement for expenses made. Likewise, each co-owner shall pay
for damages caused by reason of his negligence or fraud. (Art. 500)
Every co-owner shall, after partition, be liable for defects of title and
quality of the portion assigned to each of the other co-owners, (Art. 501)
Co-ownership
Rights against individual co-owners
The partition of a thing owed in common shall not prejudice third persons,
who shall retain the rights of mortgage, servitude, or any other real right
belonging to them before the division was made. Personal rights pertaining
to third persons against the co-ownership shall also remain in force,
notwithstanding the partition. (Art. 499)
Co-ownership
Partition in case co-owners cannot agree:
If the parties are unable to agree upon the partition, the court shall
appoint not more than three competent and disinterested persons as
commissioners to make the partition, commanding them to set off to the
plaintiff and to each party in interest such part and proportion of the property
as the court shall direct. (Sec. 3, Rule 69, Rules of Court)
A co-owner of a thing may exercise the right of redemption in case the
shares of all the co-owners or any of them, are sold to a third person. If the
price of the alienation is excessive, the redemptioner shall pay only a
reasonable one.
Should two or more co-owners desire to exercise the right of redemption,
they may only do so in proportion to the share hey may respectively have in
the thing owned in common. (Art. 1620)
CONDOMINIUM

Concept - A condominium is an interest in real property consisting of a

separate interest in a unit in a residential, industrial or commercial building
and an undivided interest in common, directly or indirectly, in the land on
which it is located and in other common areas of the building. (Sec. 2, R.A.
47260
Interest in real property may be ownership or any other real right in real
property recognized by the law of property in the Civil Code and other
pertinent laws. (Sec. 2, R.A. 4726)
Common areas the entire project excepting all units separately granted or
held or reserved. (Sec. 3, RA 4726)
Condominium
Condominium Corporation a corporation specially formed to hold title to
the land and common areas. (Sec. 2, R.A. 4726)
Master Deed an enabling deed to be recorded in the Register of Deeds and
annotated in the title of the land, which shall contain:
a. a description of the land;
b. a description of the building
c. description of the common areas
d. statement of the interest acquired or to be acquired by
the purchaser;
e. statement of the purposes for which the building and units are
intended or restricted;
f. consent of the registered owner;
g. any reasonable restriction on the right of the owner to alienate. (Sec.4)
Declaration of Restrictions restrictions on the use of the
condominium which shall constitute a lien on each unit in the project, to be
enforced, by the owner or management body, description and powers of the
management body.
Condominium Corporation The corporate purposes shall be limited to
the holding of the common areas, either by ownership or any other interest

in rel property recognized bylaw, to the management of the project, an to

such other purposes as may b e necessary, incidental or convenient to the
accomplishment of said purposes. The articles of incorporation or by laws of
the corporation shall not contain any provision contrary to or inconsistent
with the provisions of this Act, the enabling or master deed, or the
declaration of restrictions of the project. (Sec. 10, R.A. 4726)
Condominium Corp. contd. Membership in a condominium
corporation shall not be transferable separately from the condominium unit
of which it is an appurtenance . (Sec. 10, R.A. 4726)
The term of a condominium corporation shall be coterminous with the
duration of the condominium project (Sec. 11, R.A. 4726)
Assessments under the declaration of restrictions, the management
body shall provide for reasonable assessments to meet authorized
expenditures. Such assessments shall constitute a lien on the unit assessed
when a notice of such assessment is registered with the Register of Deeds.
(Sec. 20, R.A. 4726)
RA 6552 and PD 957
R.A. 6552 provides protection to buyers of real property on installment basis.
a. A buyer who has paid less than 2 year of installment is entitled to a
grace period of not less than 60 days to pay the installment due. A buyer
who has paid at least two years of interest is entitled to a grace period of one
month for every year of installment payment made, to be exercised onl once
every five years of the life of the contract, and to be refunded a cash
surrender value equal to 50% of his total payments if the contract is
cancelled. If he has paid five years or more, he is enitled to an increase of
5% for every year, up to 90% of his total payment.
b. PD 957 allows a buyer of a subdivision lot or condominium, after due
notice, to desist from paying installments, due to the failure of the owner or
developer to develop the subdivision or condominium project according to
the approved plans and within the time limit for complying with the same.
Such buyer may, at his option, be reimbursed for the total amount paid
including amortization interests but excluding delinquency interests.
Grounds for partition of common areas: In case of voluntary
dissolution of condominium corporation, the common areas
shall be transferred pro indiviso to the members of the

corporation (Sec. 12, RA 4726)

Grounds for dissolution of the condominium;
a. Three years after damage or destruction to of the units, more than
30% of the stockholders are opposed to the rebuilding or repair; or
b. The project or material part thereof has been condemned or
expropriated and more than 70% of the members are opposed to the repair.
(Sec. 13, RA 4726)
c. By affirmative vote of all the stockholders. (Sec. 14, RA 4726)
POSSESSION

Requisites of possession:
1. There must be holding or control of a thing or right.
2. There must be deliberate intention to possess (animus possidendi)
3. Possession must be by virtue of ones own rights.
Degrees of possession

1. Mere holding without any

possession e.g. possession of a thief).

right

whatsoever(grammatical

2. Possession with a juridical title, but not of an owner (juridical

possession, e.g. possession of a lessee)
3. Possession with a just title (real possessory right, e.g. possession of
a car bought from one who is not the owner).
4. Possession with the title of dominion (possession of the
owner)
B. Acquisition of Possession: (Art. 531)
1. By material occupation (detention) of a thing or exercise of a right
(quasi-possession). This includes constitutum possessorium or traditio brevi
manu.
2. By subjection to our will (this includes traditio longa manu and
traditio simbolica)

3. By constructive possession or proper acts and legal formalities

(such as succession, donation, or execution of a public instrument)
Kinds of possession
1. Possession in ones own name (as by the owner) or the name of
another (as by the agent). (Art. 524)
Note: Possession in anothers name may be voluntary, necessary or
unauthorized.
2. Possession in the concept of owner or of the holder. (Art. 525)
Note: Refers to concept of other people derived from the acts of the
possessor.
3. Possession in good faith and in bad faith.
Possessor in good faith

He is deemed a possessor in good faith who is not aware that there

exists in his title or mode of acquisition any flaw which invalidates it.
He is deemed a possessor in bad faith who possesses in any case
contrary to the foregoing.
Mistake upon a doubtful or difficult a question of law may be the basis of
good faith. (Art. 526)
2. Good faith is always presumed, and upon him who alleges bad faith on
the part of the possessor rests the burden of proof. (Art. 527)
Effects of possession in good faith
As to Fruits
1. A possessor in good faith is entitled to the fruits received before the
possession is legally interrupted.
Natural and industrial fruits are considered received from the time they
are gathered or severed.
Civil fruits are deemed to accrue daily and belong to the possessor in
good faith in that proportion. (Art. 544)

2. If at the time the good faith ceases, there should be any natural or
industrial fruits, the possessor shall have a right to a part of the expenses of
cultivation, and to a part of the net harvest, both in proportion to the time of
the possession.
The charges shall be divided on the same basis by the two possessors.
The owner of the thing may, should he so desires, give the possessor
in good faith the right to finish the cultivation and gathering of the growing
fruits, as an indemnity for his part of the expenses of cultivation and the net
proceeds; the possessor in good faith who for any reason whatever should
refuse to accept this concession, shall lose the right to be indemnified in any
manner. (Art. 545)
As to Expenses
Necesssary expenses shall be refunded to every possessor; but only
the possessor in good faith may remain the thing until he has been
reimbursed therefor.
Useful expenses shall be refunded only o he possessor in good faith
with the same right of retention, the person who has defeated him in the
possession having the option of refunding the amount of the expenses or of
paying the increase in value which the thing may have acquired by reason
thereof. (Art. 546)
If the useful improvements can be removed without damage to the
principal thing, the possessor in good faith may remove them, unless the
person who recovers the possession exercises the option under paragraph 2
of the preceding article. Art. 547)
Expenses for pure luxury or mere pleasure shall not be refunded to the
possessor in good faith; but he may remove the ornaments with which he
has embellished the principal thing if it suffers no injury thereby, and if his
successor in the possession does not prefer to refund the amount expended.
(Art. 548)
Possessor in Bad Faith

He who builds, plants or sows in bad faith on the land of another, loses
what is built, planted or sown without right of indemnity. (Art. 449)
2. The possessor in bad faith shall reimburse the fruits received and those
which the legitimate possessor could have received, and shall have a right
only to the expenses mentioned in paragraph 1 of Article 546, and in Article

443. The expenses incurred in improvements for pure luxury or mere

pleasure shall not be refunded to the possessor in bad faith, but he may
remove the objects for which such expenses have been incurred, provided
hat the lawful possessor does not prefer to retain them by paying the value
they may have at the time he enters into possession. (Art. 549)
Rights of a possessor
1. Every possessor has a right to be respected in his possession and should
he be disturbed therein he shall be protected in or restored to said
possession by the means established bylaw and the Rules of Court. (Art. 539
2. Only the possession acquired and enjoyed in the concept of owner can
serve as a tile for acquiring dominion. (Art. 540)
3. A possessor in the concept of owner has in his favor the legal
presumption that he possesses with a just title and he cannot be obliged to
show or prove it. (Art. 541)
4. The possession of real property is presumed that of the movables therein
as long as it is not shown or proved that they should be excluded. (Art. 542)
5. Each one of the participants of a thing possessed in common shall be
deemed to have exclusively possessed he part which may be alloted to him
upon the division thereof for the entire period during which the copossession lasted. (Art. 543)
Loss or Unlawful Deprivation of a Movable

The possession of movable property acquired in good faith is

equivalent to a title. Nevertheless, one who has lost any movable or has
been unlawfully deprived thereof, may recover it from the person in
prosecution of the same.
If the possessor of a movable loss or of which the owner has been
unlawfully deprived, has acquired it in good faith at a public sale, the owner
cannot obtain its return without reimbursing the price paid therefor. (Art.
559)
(Presumptive title - De Garcia v. CA, 345 SCRA 129)
2. The owner cannot recover, even if he offers to reimburse, If the
possessor had acquired it in good faith by purchase from a merchants store,
or in fairs or markets in accordance with the Code of Commerce and special
laws. (Art. 1505 [3]).

Loss or unlawful deprivation of a movable

Period to Recover:

The ownership of movables prescribes through uninterrupted possession

for four years in good faith.
The ownership of personal property also prescribes through
uninterrupted possession for eight years, without need of any other
condition.
With regard to the right of the owner to recover personal property lost
or of which he has been illegally deprived, as well as with respect to
movables acquired in a public sale, fair or market, or from a merchants
store, the provisions of Articles 559 and 1505 of this Code shall be observed.
(Art. 1132) .
2. Movables possessed through a crime can never be acquired through
prescription by the offender. (Art. 1133)
Loss or unlawful deprivation of a movable

Ownership and other real rights over immovable property are acquired
by ordinary prescription through possession of ten years. (Art. 1134)

Actions to recover movables shall prescribe eight years from the time
the possession thereof is lost, unless the possessor has acquired ownership
by prescription for a less period, according to Articles 1132, and without
prejudice to the provisions of Articles 559, 1505, and 1133. (Art. 1140)

Where the seller of goods has a voidable title thereto, but his title has
not been avoided at the time of the sale, the buyer acquires a good title to
the goods, provided that he buys them in good faith, for value, and without
notice to the sellers defect of title. (Art. 1506)
Finder of Lost Movable
Whoever finds a movable, which is not treasure, must return it to the
previous possessor. If the later is unknown, the finder shall immediately
deposit it with the mayor of the city or municipality where the finding has
taken place.
The finding shall be publicly announced by the mayor for two
consecutive weeks in the way he deems best.

If the movable cannot be kept without deterioration, or without

expenses which considerably diminish its value, it shall be sold at public
auction eight days after the publication.
Six months from the publication having elapsed without the owner
having appeared, the thing found , or is value, shall be awarded to the
finder. The finder and the owner shall be obliged, as the case may be, to
reimburse the expenses. (Art. 719)
Finding a lost movable
If the owner should appear, in time, he shall be obliged to pay, as a
reward to the finder, one tenth of the sum or of the price of the thing found.
(Art. 720)
Loss or extinguishment of possession
A possessor may lose his possession:

By abandonment of the thing.

By an assignment made to another either by onerous or gratuitous title.

By the destruction or total loss of the thing, or because it goes out of

commerce.

By the possession of another, subject to the provisions of Article 537,if

the new possession has lasted longer than one year. But the real right of
possession is not lost until after the lapse of ten years . (Art. 555)
Others: final judgment, expropriation, recovery by legitimate owner,
escaping of wild animals.
USUFRUCT
A. Characteristics
Essential
1. A real right.
2. Of a temporary nature.
3. Purpose is to enjoy the benefits and derive all the advantages from

the object as a consequence of normal use or exploitation.

Natural
1. Obligation of conserving or preserving the form and substance.
Accidental
1. Pure or conditional
2. Period
3. No. of usufructuaries.
B. Classification:
As to origin:
1. Legal
2. Voluntary
a. inter vivos
b. mortis causa
As to extent of fruits or objects
a. Fruits - total or partial
b. Objects universal or particular
As to number of usufructuaries
a. Simple
b. Multiple
As to quality and kind of objects
1. Usufruct over rights
2. Usufruct over things
a. Normal (perfect or regular)

b. Abnormal (imperfect or irregular)

As to terms and conditions:
1. Pure
2. With a term
3.

With a condition

C. Rights of Usufructuary
1. Right to all the fruits, natural, industrial and civil (Art. 566)
a. natural and industrial fruits pending at the beginning and end of
the usufruct (Art. 567) (Gaboya v. Cui, 38 SCRA 85)
b. lease of tenements under usufruct (At. 568)
c. Usufruct over right to receive rent or pension, and over
commercial and industrial enterprise (Art. 570)
2. Right to enjoy any increase acquired through accession , servitudes,
and inherent benefits (Art. 571)
3. Abnormal usufructs (At. 573, 574).
4.
5.

Usufruct over fruit-bearing trees and shrubs (Art. 575, 576)

Usufruct over a woodland (Art. 577)

6. Usufruct over right to recover property (Art. 578)

7. Right to make improvements.
D. Obligations of the usufructuary
Before entering into the usufruct (Art. 583)
1. To make an inventory
2. To give security

Exceptions:
a. when no one will be injured thereby (Art. 585)
b. when waived by the owner
c. when usufructuary is the donor of the property (Art. 584)
d. parental usufruct
e. caucion juratoria (Art.586)
During the usufruct
1. Take care of the property as a good father of a family (Art. 589)
2. Answer for he damage of substitute(Art. 590
3. Make ordinary repairs (Art. 592)
4. Pay annual taxes on fruits (Art. 596)
5. Notify owner of adverse claim by 3rd persons (Art. 601)
After the usufruct
Return the property

Rights of the owner

1 Right to pending fruits at end of usufruct.
2.Right to enjoy ay increase not through accession.
3.Right to alienate the property but not alter is form and substance

and
prejudice the usufruct (Art. 581)
4. To retain property pending inventory and security.
5. To construct works and improvements, provided it does not
prejudice rights of usufructuary (Art. 595)

E. Extinguishment of usufruct

By death of usufructuary unless contrary intention appears (death of the

last survivor in case of multiple usufruct).

By expiration of the period or fulfillment of resolutory condition

(maximum period: lifetime of natural person, 50 years if juridical person.)

Merger of usufruct and ownership in one person.

By renunciation of the usufructuary.

By total loss of the thing

a. partial loss
b. loss of building
c. legal loss (expropriation)
d. bad use

6. By termination of the right of the person constituting the usufruct

7. By prescription ( Art. 603)
EASEMENTS

Characteristics:
1. A real right.
2. Imposable only on anothers property
3. Jus in re aliena
4. Limitation or encumbrance on anothers estate.
5. Inherence or inseparability
6. Intransmisibility
7. Indivisibility
8. Not presumed

B. Classification

1. Real (predial) and personal

2. Continuous and discontinuous
3. Apparent and non apparent
4. Positive and negative
5. Partial use or getting of specific materials
6. Voluntary or legal or mixed

Modes of Acquiring Easements:

Compulsory easements

1. Continuous and apparent easements are acquired either by virtue of a

title or by prescription of ten years (Art. 620)
2. Continuous non-apparent easements, and discontinuous ones,
whether apparent or not, may be acquired only by virtue of a title. (Art, 622)
3, Apparent sign of an easement (Art. 624)
Voluntary easements
Every owner of a tenement or piece of land may establish thereon the
easements which he my deem suitable and in he manner and form which he
may deem best, provided he does not contravene the laws, public policy and
public order. (Art. 688)
A. Easement of Right of Way:
To be entitled to an easement of right of way, the following conditions
should be met: 1. the dominant estate is surrounded by other immovables
and has no adequate outlet to a public highway (Art. 649, par. 1), 2. there is
payment of proper indemnity (Art. 649, par. 1); 3. the isolation is not due to
the acts of the proprietor of the dominant estate (Art. 649, last par.); and 4.
the right of way claimed is at the point least prejudicial to the servient
estate; and insofar as consistent with this rule, where the distance from the
dominant estate to a public highway may be the shortest (Art. 650)
A. Easement of Light and View

the easement of light and view is either positive or negative. Positive, if

the window is through a party wall (Art. 688, par. 1). Negative, if the
window is through ones own wall Art. 688, par. 2)
Art. 669. When the distances in Article 670 are not observed, the
owner of a wall which is not a party wall adjoining a tenement or piece of
land belonging to another, can make in it openings to admit light at the
height of the ceiling joists or immediately under the ceiling, and of the size of
thirty centimeters square, and , in every case, with an iron grating imbedded
in the wall and with a wire screen.
Nevertheless, the owner of the tenement or property adjoining the
wall in which the openings are made can close them should he acquire
part=ownership thereof, if there be no stipulation to the contrary.
He may also obstruct them by constructing a building on his land
or by raising a wall thereon contiguous to that having such opening, unless
an easement of light has been acquired. (Art. 6690)

No windows, apertures, balconies or other similar projections which

afford a direct view upon or towards an adjoining land or tenement can be
made, without leaving a distance of two meters between the wall in which
they are made and such contiguous property.
Neither can side or oblique views upon or towards such
conterminous property be had, unless there be a distance of sixty
centimeters.
The non-observance of these distances doe not give rise to
prescription.
Art. 671. The distance referred to in the preceding article shall be measured
in cases of direct views from the outer line of the wall when the openings do
not project, from the outer line of the latter when they do, and in cases of
oblique views from the dividing lie between the two properties.
Art. 672. The provisions of Article 670 are applicable to buildings separated
by a public way or alley, which is not less than three meters wide, subject to
special regulations and local ordinances.
Art. 673. Whenever by any title a right has been acquired to have a direct
views, balconies or belvederes overlooking an adjoining property, the owner
of the servient estate cannot build thereon at less than a distance of three
meters to be measured in the manner provided in article 671. Any
stipulation permitting distances less than those prescribed in article 670 is
void.

NUISANCE
A nuisance is any act, omission, establishment, business, condition or
property, or anything else, which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or
street, or any body of water; or
(5) Hinders or impairs the use of property. (Art. 6940
MODES OF ACQUIRING OWNERSHIP
Ownership is acquired by occupation and intellectual creation.
Ownership and other real rights over property are acquired and transmitted
by law, by donation, by estate and intestate succession, and in
consequence of certain contracts, by tradition.
They may also be acquired by means of prescription. (Art. 712)
Mode the process of acquiring or transferring ownership
Title - that which gives a juridical justification for a mode, that is, it provides
the cause for the acquisition of ownership
OCCUPATION
Things appropriable by nature which are without an owner, such as animals
that are the object of hunting or fishing, hidden treasure and abandoned
movables, are acquired by occupation. (Art. 713)
Requisites:
1. Seizure or apprehension
2. Property seized must be corporeal personal property.
3. Property seized must be susceptible of appropriation.
4. Intent to appropriate.

5. Requisites or conditions of law must be complied with.

DONATION
A. Definition Donation is an act or liberality whereby a person disposes
gratituously of a thing or right in favor of another who accept it. (Art. 725)

Characteristics:
1. consent, subject matter, cause
2. necessary form.
3. consent or acceptance of the donee
4. irrevocability, except for legal causes
5. intent to benefit the donee (animus donandi)
6. resultant decrease in the assets or patrimony of the donor.

Extent of property donated:

1. Donation may comprehend all the present property of the donor

.provided he reserves sufficient means for the support of himself and of all
relatives who, at the time of acceptance of the donation, are by law entitled
to be supported by the donor. Without such reservation, the donation shall
be reduced on petition of any person affected. (Art. 750)
2. The provisions of Article 750 notwithstanding, no person may give or
receive by way of a donation, more that he may give or receive by will.
The donation shall be inofficious in all that it may exceed this
limitation.
3. Donations cannot comprehend future property.
By future property is understood anything which the donor cannot
dispose of at the time of the donation. (Art. 751)

Reservations and reversions

1. The right to dispose of some of the things donated, or of some

amount which shall be a charge thereon, may be reserved by the donor; but

if he should die without having made use of this right, the property or
amount reserved shall belong to the donee. (Art. 755)
2. Reversion may be validly established in favor of only the donor for any
case or circumstances, but not in favor of other persons unless they are
living at the time of the donation.
Any reversion stipulated by the donor in favor of a third person in
violation of what is provided in the preceding paragraph shall be void, but
shall not nullify the donation. (Art. 757)
E. Kinds:
1. As to time of effectivity:
Inter vivos When the donor intends that the donation shall take effect
during the lifetime of the donor, though the property shall not be delivered
till after the donors death, this shall be donation inter vivos. (Art. 729)
mortis causa - The donations which are to take effect upon the death
of the donor partake of the nature of testamentary provisions and shall be
governed by the rules established in the Title on Succession. (Art. 728)
propter nuptias donations made by reason of marriage, before its
celebration, in consideration of the same, and in favor of one or both of the
future spouses. (Art. 81, Family Code).
2. As to consideration:
a. Pure or simple consideration is liberality of the donor or merits of the
donee. (Governed by the law on donations)
b. Remuneratory or compensatory consideration is services rendered
by the donee to the donor, which do not constitute a demandable debt.
(Governed by the law on donations.)
c. Conditional or modal consideration is future services of the donee
which are worth less than the value of the gift. (Governed by the law on
contracts insofar as the gift is equal to the value of the services; by the law
on donations insofar as value of the gift exceeds the value of the services.
d. Onerous consideration is future services equal to or more than the
value to that of the gift. (Governed by the law on contracts)
Formalities:
1. donation of personal property Art. 748

a. may be done orally or in writing;

b. oral donation requires simultaneous delivery ot thing or document;
c. If value of thing exceeds P5,000.00, donation and acceptance must
be made in writing;
2. donation of real property Art. 749
a. public document its, specifying property and value of charges;
b. acceptance may be made in same or separate public document;
e. if in separate instrument, donor notified and this step noted in both
instruments.
G. Perfection:
The donation is perfected from the moment the donor knows of the
acceptance by the donee. (Art. 734)
H. Qualifications of donor and donee.
1. Donor All persons who may contract and dispose of their property may
make a donation. (Art. 735)
2. Donee All those who are not specially disqualified by law may accept a
donation. (Art. 738)
Disqualified donees:( (Art. 739)
a.
donation;

Persons found guilty of adultery or concubinage at time of

b. persons found guilty of same offense;

c. made to public officer, his wife, descendants and ascendants by
reason of his office,
d. Incapacity to succeed by will shall be applicable to donations inter
vivos.
(Art. 1027. The following are incapable of succeeding
(1) priest who heard confession of testator during last illness;

(2) relatives
belongs

of

pries

to

4thdegree

and

church

to

which

be

(3) guardian before approval of final accounts;

(4) attesting witness, spouse, parents or children of witness;
(5) physician, surgeon, nurse, health officer or druggist;
(6) individuals, associations and corporations not permitted by law to
inherit.

Effects-

1. Donees subrogated to all the rights and actions which in case of

eviction would pertain to the donor. (Art. 754)
2. There being no provision regarding payment of debt, donee shall be
responsible for payment of donors debts only when donation made in fraud
of creditors. (Art. 759)
3. Donation of same thing to two persons Donee who first accepts
shall be preferred. (Note: Article 744 is a mistake. Donation cannot be
compared to a sale, because donation is a mode.
J. Excessive/Inofficious donations:
1. Art. 750 may comprehend all of present property provided he
reserves sufficient means for his support and those of his relatives whom he
is legally obliged to support (Art. 750)
2. No person may give more by way of donation than he may give by
will (Art. 752)
K. In Fraud of creditors:
When the donation imposes upon the donee the obligation to pay the
debts of the donor, if the clause does not contain any declaration to the
contrary, the former is understood to be liable to pay only the debs which
appear to have been previously contracted. In no case shall the donee be
responsible for debts exceeding the value of the property donated, unless a
contrary intention clearly appears. (Art. 758)
There being no stipulation regarding the payment of debts, the donee
shall be responsible therefor only when the donation has been made in fraud
of creditors.

The donation is always presumed to be in fraud of creditors, when at the

time thereof, the donor did not reserve sufficient property to pay his debts
prior to the donation. (Art. 759)
J. Revocation and Reduction
1. Ground: Birth, Adoption of minor child and Reappearance of a child
believed to be dead, made by a donor having no children or descendants.
(Art. 760).
a. How done: Action for reduction insofar as donation exceeds
portion that may be freely disposed of at birth, adoption and reappearance
of child (inofficious donation), based on presumed legitimate of child (Art.
761)
b. Prescriptive period: 4 years from birth of first child, adoption and
reappearance (At. 763)
c. Effects: property shall be returned; mortgage may be redeemed
by donor subject to recovery from donee; if it can no longer be returned,
valuje estimated as at time of donation; donee shall not return the fruits
except from the filing of the complaint.

Non-compliance with conditions (At. 764)

a. How done: Action for revocation at the instance of the donor, or by

the heirs of the donor against the donees heirs.
b. Prescriptive period: four years from non-compliance with the
condition (10 years if donation is onerous).
( If no period for compliance is stipulated, action to fix period
should first be filed, unless sufficient time has already elapsed.)
c. Effects: property donated shall be returned, alienations and
mortgages made by the donee being void, with limitation established with
regard to third persons by the Mortgage Law and Land Registration; donee to
return fruits received after having failed to fulfill the condition.
3. Acts of Ingratitude (Art. 765)
a. Grounds:
(1) If donee should commit some offense against the person,
honor or property of the donor, his wife, or children under his parental
authority.

(2) If donee imputes to the donor any criminal offence, or any ac

involving moral turpitude, even though he should prove it, unless the crime
has been committed against the donee himself, his wife or children under his
authority.
(c) if he unduly refuses him support when the donee is legally or
morally bound to give support to the donor.
b. How done: action for revocation by donor himself (although action
commenced can be transmitted to his heirs and continued against heir of
donee. (Art. 770)
c. Prescriptive period: 1 year from the time the donor had knowledge of
the fact and it was possible for him to bring the action. (Art. 769)
d. Effects: Property to be returned or its value if already alienated (At.
767); alienations and mortgages before notation of complaint for revocation,
shall subsist; donee shall not return the fruits except from the filing of the
complaint.

Inofficious donations
a. Ground: inofficious donation under Art. 752.

b. How done: action for reduction by compulsory heirs and their heirs
and successors in interest at the time of the donors death.
c. Prescriptive period: 10 years from donors death.
d. Effects: Donation is excess of free portion shall be reduced. Reduction
shall not prevent the donations from taking effect during the life of the
donor, nor shall it bar the donee from appropriating the fruits. (Art. 771)
If there being two or more donation, the disposable portion is not
sufficient to cover all of them, those of the more recent date shall be
suppressed or reduced with regard to the excess. (Art. 773)