Property.

notes
POSSESSION OF MOVABLE:
The possession of movable property acquired in good faith is equivalent to a title. Requisites for Title: 1) Possession is in good faith; 2) the owner has voluntarily parted with the possession of the thing; 3) possessor is in the concept of an owner. RULE: If the owner has lost the thing, or he has been unlawfully deprived of it, he has a right to recover it, not only from the finder, thief or robber, but also from third persons who may have acquired it in good faith from such finder, thief, or robber ( Rule of Irrevindicability). Real Right, of a temporary nature, which authorizes its holder to ENJOY all the benefits which results from the normal enjoyment of anothers property, with the OBLIGATION TO REURN, at the designated time, either THE SAME THING or, in special cases (QUASI-USUFRUCT), its EQUIVALENT. Definition of Usufruct:

USUFRUCT:

Extent of Usufruct:
1. Usufruct is a REAL RIGHT [ power belonging to a person over a specific thing, without a passive subject individually determined against whom such right may be personally exercised] and includes both the jus utendi AND the jus fruendi. 2. There is an obligation to preserve the form and substance of the thing in usufruct AS A RULE e.g. if usufruct on a fishpond, it must be preserved as a fishpond; if a sugarcane field, it must be preserved as a sugarcane field.

EXCEPTION TO THE RULE GRANTING OWNER THE RIGHT TO RECOVER: When possessor acquired it in good faith in a public sale. possessor. In this case, owner may recover provided he shall reimburse the

Consumable things:
1. With regard to consumable things, strictly speaking there can be no usufruct, because they cannot be enjoyed without being consumed. But since the law recognizes usufruct over ALL KINDS OF THINGS, if thing is consumable, usufruct should be considered as on their value if appraised, or an equal quantity and quality if not. 2. Even unproductive things can be an object of usufruct.

There are, however, instances where even if the owner offers to reimburse, still he cannot recover as a matter of right: 1. Estoppel 2. If title is lost through prescription 3. If possessor is a holder in due course of a document of title What is the meaning of unlawful deprivation? Unlawful deprivation extends to all cases- not only in cases where property is stolen- where there is no valid transmission of ownership including those where the proprietor has entrusted the thing to a borrower The case of *EDCA Publishing & Distributing Corp. vs. Santos [ G.R. No. 80298 April 26, 1990]. Issue: Whether the petitioner has been unlawfully deprived of the books because the check issued by the impostor in payment therefor was dishonored. HELD: Non-payment only creates a right to demand payment or to rescind the contract, or to criminal prosecution in the case of bouncing checks. But absent the stipulation above noted, delivery of the thing sold will effectively transfer ownership to the buyer who can in turn transfer it to another.

Usufruct granted to aliens:

*Ramirez, et al. vs. Vda. de Ramirez, etc., et al. 15, 1982] [ G.R. No. L-27952 February

This opinion notwithstanding, We uphold the usufruct in favor of Wanda because a usufruct, albeit a real right, does not vest title to the land in the usufruactuary and it is the vesting of title to land in favor of aliens which is proscribed by the Constitution. Rights of Usufructuary: 1. The usufructuary has the right to enjoy the property, to the same extent as the owner, BUT ONLY WITH RESPECT TO ITS USE and the RECEIPT OF ITS FRUITS. 2. He cannot, however, extract products which do not constitute fruits, because he is bound to preserve the form and substance of the thing.

USUFRUCTUARY MAY LEASE HIS USUFRUCTUARY RIGHTS Art. 572. The usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by a gratuitous title; but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct, saving leases of rural lands, which shall be considered as subsisting during the agricultural year.

Actual delivery of the books having been made, Cruz acquired ownership over the books which he could then validly transfer to the private respondents. The fact that he had not yet paid for them to EDCA was a matter between him and EDCA and did not impair the title acquired by the private respondents to the books.

Usufruct over Consumable Things:

1. Improperly called quasi-usufruct. 2. The usufruct is not upon the consumable things THEMSELVES which are delivered to the usufructuary, but upon THE SUM representing their value or upon a quantity of things of the same kind and quality. 3. Usufructuary becomes the owner of the things in usufruct such as a sum of money or a quantity of liquids or grain. Grantor becomes merely a CREDITOR entitled to the return of their value or of things of the same quantity and quality.

Property. notes
When

negative?

OBLIGATIONS OF THE USUFRUCTUARY:

1) To make, after notice to the owner or his legitimate representative, an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To give security[ personal bond, pledge, or mortgage], binding himself to fulfill the obligations imposed upon him in accordance with this Chapter.

Negative- when the openings are made in ones own wall [ when a person makes openings on his own wall to admit light below the ceiling joists [any of the parallel beams of wood, metal, or concrete that support a floor, roof, or ceiling ], and he acquires a servitude to admit such light, the servitude is a negative onebecause it imposes upon the owner of the adjacent estate the obligation NOT TO CONSTRUCT on his land in such manner as to obstruct the light.]

Easements are indivisible:

If the servient estate is partitioned, the servitude continues upon the portions upon which it was originally exercised. If the dominant estate is divided into parts, there arise as many new dominant tenements as there are parts, each owner exercising the rights of the owner of a dominant tenement. Easements are established either by law or by the will of the owners. NO JUDICIAL EASEMENT: Courts cannot create easement. They can only declare the existence of one, if it exists, but cannot constitute it when none existed before. They may only apply the law providing for legal easements, or declare the existence of those created by the will of the owners. . Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years. TITLE means the juridical acts which gives rise to the servitude e.g. law, donation, contracts, and wills.

Exemptions of Usufructuary:
1. When the owner waives; 2) where the title constituting the usufruct exempts the usufructuary; and 3) where the usufructuary asks to be relieved from these obligations and no one will be injured.

LIABILITY FOR ORDINARY REPAIRS:

Art. 592. The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct.

LIABILITY FOR EXTRA-ORDINARY REPAIRS:

Art. 593. Extraordinary repairs shall be at the expense of the owner. The usufructuary is obliged to notify the owner when the need for such repairs is urgent.

EASEMENTS AND SERVITUDES:

PRESCRIPTION:
Special Case of Prescription (10 years). It DOES NOT REQUIRE good faith or just title. The general rules for acquisitive prescription of ownership and other real rights do not apply to it. BUT ADVERSE POSSESSION or EXERCISE OF THE EASEMENT must be present. HOW TO COMPUTE PRESCRIPTION: POSITIVE EASEMENTS: In positive easements, from the day on which the owner of the dominant estate, or the person who may have made use of the easement, commenced to exercise it upon the servient estate NEGATIVE EASEMENTS: In negative easements, from the day on which the owner of the dominant estate forbade, by an instrument acknowledged before a notary public, the owner of the servient estate, from executing an act which would be lawful without the easement. E.G. prohibition to build a building of higher elevation.

Characteristics of Easements:
1. It is a real right; 2) Can be imposed only on the property of another, never on ones own property; 3) Produces limitation on ownership, but ownership of servient estate is unimpaired; 4) It is inseparable from the tenements to which it is actively or passively attached; 5) Exists only between neighboring tenements. KINDS OF:

Continuous and Discontinuous:

1. The distinction refers only to the EXERCISE of the servitude and not THE ESSENCE, because servitude exist continuously, whether it is being used or not e.g. right of aqueduct, right to support a beam on anothers wall. 2. Discontinuous Easements e.g. right of way, the very exercise of the servitude depends upon the act of man in passing over anothers property. POSITIVE AND NEGATIVE EASEMENTS: A

positive easement

is one which imposes upon the owner of that which prohibits the owner of the

CAN A RIGHT OF WAY BE ACQUIRED BY PRESCRIPTION?

NO. 1. Being an apparent but discontinuous easement, it cannot be acquired by prescription. BOGO-MEDELLIN MILLING CO., INC., petitioner, vs. COURT OF

the servient estate the obligation of allowing something to be done or of doing it himself, and a

negative easement,

servient estate from doing something which he could lawfully do if the easement did not exist (ALTIUS NON TOLLENDI)

EASEMENT OF LIGHT AND VIEW:

When positive? Positive- When opening is made on anothers wall, or on a party wall, the servitude acquired is POSITIVE, because the owner or owners of such wall permits the encumbrance to burden his or their wall.

APPEALS AND HEIRS OF MAGDALENO VALDEZ SR., respondents. Under civil law and its jurisprudence, easements are either continuous or discontinuous according to the manner they are exercised, not according to the presence of apparent signs or physical indications of the existence of such easements. Thus, an easement is continuous if its use is, or may be, incessant without the intervention of any act of man, like the easement of drainage; and it is discontinuous if it is used at intervals and depends on the act of man, like the easement of right of way.

Property. notes
Its use of the right of way, however long, never resulted in its acquisition of the easement because, under Article 622, the discontinuous easement of a railroad right of way can only be acquired by title and not by prescription.

EASEMENT OF LIGHT AND VIEW:

Art. 667. No part-owner may, without the consent of the others, open through the party wall any window or aperture of any kind. (580) Note: [ Co-owner can close, UNLESS a sufficient time for prescription has elapsed.] Two kinds of Easements: 1. Easement of Light jus luminum [ e.g. Art. 669. When the distances in Article 670 are not observed, the owner of a wall which is not 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 joist 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] 2. Easement of View servidumbre prospectus e.g. as in the case of full or regular windows overlooking adjoining estate. altius non tollendieasement not to build higher for the purpose of obstruction.

EASEMENT OF RIGHT OF WAY:

Requisites: 1.Dominant estate is surrounded by other immovables and has no adequate outlet to a public hightway. 2. After payment of the proper indemnity 3. Isolation was not due to acts of the proprietor of the dominant estate 4. 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 [ e.g. hence, subject to the limitation that the usefulness of the servient tenement to its owner is not impaired]

REGULATORY OPENINGS:
Art. 670. 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 nonobservance of these distances does not give rise to prescription.

REMIGIO O. RAMOS, SR, vs. GATCHALIAN REALTY,

["mere convenience for the dominant estate is not enough to serve as its basis. To justify the imposition of this servitude, there must be a real, not a fictitious or artificial, necessity for it."]

CRITERION OF LEAST PREJUDICE

Art. 650. The easement of right of way shall be established 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. Predominant criterion is least prejudicial to the servient estate and not short distance [ e.g. as when there are constructions or walls which can be avoided by a round-about way]

NUISANCE:
A nuisance is any act, omission, establishment, business, condition of 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.

WIDTH OF EASEMENT OF RIGHT OF WAY:

Art. 651. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time.

PUBLIC NUISANCE:
A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal.

EASEMENT OF PARTY WALL:

Co-ownership or Easement?
Easement [ Manresa, De Diego, Castan, and Ricci]; Roman, Valverde, etc] Co-Ownership [ Sanchez

PRIVATE NUISANCE:
A private nuisance is one that is not included in the foregoing definition.

This co-ownership is a special class in itself [ as shown by the following: 1) coownership is indivisible 2) part pertaining to the co-owner can be materially designated 3) rights of a co-owner greater than those of an ordinary co-owner, such as with respect to increasing the height of the wall] . This is a kind of COMPULSORY KIND OF CO-OWNERSHIP. It is a servitude because, in an ordinary co-ownership [ none of the co-owners may do anything on the common property for his own exclusive benefit, but in a party wall, there is no limitation upon the juridical action of the owners].

Doctrine of Attractive Nuisance:

Dangerous instrumentality or appliance which is likely to attract children at play. One who maintains on his estate or premises an attractive nuisance without exercising due care to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises. Hidalgo Enterprises Inc. vs. Guillermo Balandan et.al. G.R. No. L-3422 June 13, 1952 Nature has created streams, lakes and pools which attract children. Lurking in their waters is always the danger of drowning. Against this danger children are early instructed so that they are sufficiently presumed to know the danger; and if the owner of private property creates an artificial pool on his own property, merely duplicating the work of nature without adding any new danger, . . . (he) is not liable because of having created an `attractive nuisance.

Property. notes
`Estate of Gregoria Francisco et.al. vs. Court of Appeals 95279 July 26, 1991 G.R. No. Validity of conditions in an onerous

donation:

Respondents can not seek cover under the general welfare clause authorizing the abatement of nuisances without judicial proceedings. That tenet applies to a nuisance per se, or one which affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity (Monteverde v. Generoso, 52 Phil. 123 [1982]). The storage of copra in the quonset building is a legitimate business. By its nature, it can not be said to be injurious to rights of property, of health or of comfort of the community. If it be a nuisance per accidens it may be so proven in a hearing conducted for that purpose.

ROMAN CATHOLIC ARCHBISHOP OF MANILA et.al. vs. COURT OF APPEALS G.R. No. 77425 June 19, 1991 The deed of donation allegedly provides that the donee shall not dispose or sell the property within a period of one hundred (100) years from the execution of the deed of donation, otherwise a violation of such condition would render ipso facto null and void the deed of donation and the property would revert to the estate of the donors.

HELD:

MODES OF ACQUIRING OWNERSHIP:

Art. 712. Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription.

The cause of action of private respondents is based on the alleged breach by petitioners of the resolutory condition in the deed of donation that the property donated should not be sold within a period of one hundred (100) years from the date of execution of the deed of donation. Said condition, in our opinion, constitutes an undue restriction on the rights arising from ownership of petitioners and is, therefore, contrary to public policy.

MODE AND TITLE:

Mode is the specific cause which produces dominion and other real rights as a result of the co-existence of special status of things, capacity and intention of persons and fulfillment of the requisites of law. Title is every juridical rights which gives a means to the acquisition of real rights but which in itself is insufficient. Illustration: Title is the remote cause, and mode the proximate cause of the acquisition. e.g. Contract of sale is the title, tradition is the mode. Ownership is not transferred by contract of sale but by tradition Classification of Donations: Simple- cause is pure liberality Remuneratory ( first kind)- to reward past services e.g. donation who saved life of his son) Remuneratory (second kind)- to reward future services Onerous- there are burdens, charges, or future service. This is govern by the rules of contracts.

DONATION MORTIS CAUSA:

Art. 728. 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.

Austria-Magat vs. Hon. Court of Appeals

February 1, 2002 [ INTER-VIVOS DONATION] Deed of Donation provides:

G.R. No. 106755

Ibinibigay ko at ipinagkakaloob ng ganap at hindi mababawi sa naulit na apat na anak ko at sa kanilang mga tagapagmana, ang aking lupang residential o tirahan sampu ng aking bahay nakatirik doon xxx. (emphasis supplied) This is a clear expression of the irrevocability of the conveyance. The irrevocability of the donation is a characteristic of a donation inter vivos. By the words hindi mababawi, the donor expressly renounced the right to freely dispose of the house and lot in question. The right to dispose of a property is a right essential to full ownership. Hence, ownership of the house and lot was already with the donees even during the donors lifetime. On the issue of

effect of prohibition to alienate:

EFFECT OF ILLEGAL OR IMPOSSIBLE CONDITIONS

Art. 727. Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. ( THIS ONLY APPLIES IF THE DONATION IS PURELY GRATUITOUS) FOR ONEROUS DONATIONS, THE RULE IN OBLIGATIONS AND CONTRACTS APPLIES i.e. Rule in contracts [ which is applicable in a case of onerous donation]: Art. 1183. Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.

On the other hand, the prohibition to encumber, alienate or sell the property during the lifetime of the donor is a recognition of the ownership over the house and lot in issue of the donees for only in the concept of an owner can one encumber or dispose a property.

CHARACTERISTICS OF A MORTIS CAUSA DONATION:

Bonsato vs. Court of Appeals [ G.R. No. L-6600 July 30, 1954 characteristics of donation mortis causa are as follows: ], the

(1) It conveys no title or ownership to the transferee before the death of the transferor; or, what amounts to the same thing, that the transferor should retain the ownership (full or naked) and control of the property while alive; (2) That before his death, the transfer should be revocable by the transferor at will, ad nutum; but revocability may be provided for indirectly by means of a reserved power in the donor to dispose of the properties conveyed; (3) That the transfer should be void if the transferor should survive the transferee.

Property. notes
PERFECTION OF DONATION:
Art. 734. The donation is perfected from the moment the donor knows of the acceptance by the donee. PAJARILLO et.al. vs. INTERMEDIATE APPELLATE COURT August 11, 1989 FACTS: Donation that is involved is that from a mother to a daughter. Donation was accepted by Salud Suterio in a separate public instrument, but the acceptance WAS NOT NOTED in both instruments, meaning, the extra-judicial partition [ where the donation was made] and in the instrument of acceptance, as required by the Civil Code. The purpose of the formal requirement is to insure that the acceptance of the donation is duly communicated to the donor. In the case at bar, it is not even suggested that Juana was unaware of the acceptance for she in fact confirmed it later and requested that the donated land be not registered during her lifetime by Salud. 13 Given this significant evidence, the Court cannot in conscience declare the donation ineffective because there is no notation in the extrajudicial settlement of the donee's acceptance. That would be placing too much stress on mere form over substance. G.R. No. 72908

VOID DONATION may be basis for title through ACQUISITIVE PRESCRIPTION

CALICDAN vs. CENDANA G.R. NO. 155080 FEBRUARY 5, 2004 FACTS:The donation involved a 760 sq.m. parcel of land in Mangaldan, Pangasinan executed by Fermina Calicdan ( in 1947) in favor of Silverio Cendana. This is a suit for recovery instituted by Soledad Calicdan, one of the children of Fermina. The donation was found to be the exclusive property of Ferminas husband, Sixto, being an inheritance from the latters parents. HELD: Although the donation is void for having been executed by one who is not the owner, considering that it was established that respondent Silverio Cendana has been in possession of the land for 45 years already he has acquired title to it by acquisitive prescription. Art. 764. The donation shall be revoked at the instance of the

donor, when the donee fails to comply with any of the conditions which the
former imposed upon the latter. In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration Laws. This action shall prescribe after four years from the noncompliance with the condition, may be transmitted to the heirs of the donor, and may be exercised against the donee's heirs. ROMAN HELD:

DONATION OF A MOVABLE:
writing. Art. 748. The donation of a movable may be made orally or in

An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing, otherwise, the donation shall be void.

DONATION OF REAL ESTATE:

Art. 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments.

CATHOLIC

ARCHBISHOP OF

MANILA

et.al.

vs.

COURT OF APPEALS
Although it is true that under Article 764 of the Civil Code an action for the revocation of a donation must be brought within four (4) years from the noncompliance of the conditions of the donation, the same is not applicable in the case at bar. The deed of donation involved herein expressly provides for automatic reversion of the property donated in case of violation of the condition therein, hence a judicial declaration revoking the same is not necessary. When a deed of donation, as in this case, expressly provides for automatic revocation and reversion of the property donated, the rules on contract and the general rules on prescription should apply, and not Article 764 of the Civil Code.

Quilala vs. Gliceria Alcantara

G.R. No. 132681 December 3, 2001 FACTS: The acknowledgement only contains the name of the donor to be the only one who appeared before the Notary Public. There was no mention of the donee. But in the Deed of Donation itself, there appears a stipulation that the donee hereby receives and accepts the gift and donation made in her favor by the donor. HELD: In the same vein, the lack of an acknowledgment by the donee before the notary public does not also render the donation null and void. The instrument should be treated in its entirety. It cannot be considered a private document in part and a public document in another part. The fact that it was acknowledged before a notary public converts the deed of donation in its entirety a public instrument. The fact that the donee was not mentioned by the notary public in the acknowledgment is of no moment.

PRESCRIPTIVE PERIOD TO FILE ACTION TO REDUCE ON THE GROUND OF IMPAIRMENT OF LEGITIME

Under Article 1144 of the Civil Code, actions upon an obligation created by law must be brought within ten years from the time the right of action accrues. Thus, the ten-year prescriptive period applies to the obligation to reduce inofficious donations, required under Article 771 of the Civil Code, to the extent that they impair the legitime of compulsory heirs. ( Eloy Imperial vs. CA et.al. GR.112483 Oct. 8, 1999 From when shall the ten-year period be reckoned? The case of Mateo vs. Lagua, 29 SCRA 864, which involved the reduction for inofficiousness of a donation propter nuptias, recognized that the cause of action to enforce a legitime accrues upon the death of the donor-decedent. Clearly so, since it is only then that the net estate may be ascertained and on which basis, the legitimes may be determined.