Anda di halaman 1dari 7

+

Ad Majorem Dei Gloriam



PROPERTY NOTES


Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!
1
Real Right
Definite active subject
who has a right against all
persons generally as an
indefinite passive subject
Object is generally a
corporeal thing
Created by mode and
title
Extinguished by the loss
or destruction of the thing
which it is exercised
Directed against the
whole world (actio in rem
against 3
rd
persons)
Personal Right
Definite active subject and a
definite passive subject


Object always an incorporeal
thing
Created by title

Personal right survives the
subject matter

Directed against a particular
person (actio in personam)


Accession Accessory

fruits of, additions to,
improvements upon a thing
includes building, planting and
sowing
alluvion, avulsion, change of
course of rivers, formation of
islands
not necessary to the principal
thing
things joined to, included with
the principal for the latters
embellishment, better use or
completion
necessary to principal thing

example: key of a house, bow of a
violin

LAND OWNER vs. OWNER Of MATERIALS

Landowner-Builder/Planter/Sower Owner of Materials
Good faith Good faith
LO-BPS can acquire the materials
provided there is full payment
Entitled to full payment for value of
materials, or
May remove materials provided
there is no substantial injury to work
done
Bad faith Good faith
Acquire the materials provided he Entitled to full payment for value of
pays full payment plus damages materials plus damages, or
Remove materials even if there will
be substantial injury to work done
plus damages
Good faith Bad faith
Acquire materials without paying for
the value thereof and entitled to
damages due to defects or inferior
quality of materials
Loses materials without indemnity
and will be liable for damages due to
defects or inferior quality of materials
Bad faith Bad faith
Same as when both are in good
faith.


LANDOWNER vs. BUILDER

Landowner Builder/planter/sower
Good faith Good faith
Option 1: Purchase whatever has
been built, planted, or sown after
paying indemnity which includes
necessary, useful and luxurious
expenses (if he wishes to
appropriate the luxurious expenses)

Prohibited from offsetting or
compensating the necessary and
useful expense with the fruits
received by the BP in good faith
(Nuguid case)
Receive indemnity for necessary,
useful and luxurious expenses
(depends on landowner) with right of
retention over the land without
obligation to pay rent until full
payment of indemnity

Remove useful improvement
provided it does not cause any injury
(part of right of retention)

If LO does not appropriate luxurious
improvements, BPS can remove the
same provided there is no injury to
the principal thing (land or building)

Right of retention only applies when
LO chooses to appropriate (but does
not apply if property of public
dominion)
Option 2: To oblige the BP to buy the
land or the S to pay the proper rent
unless the value of the land is
considerably more than that of the
To purchase land at fair market
value at time of payment when value
is not considerably more than that of
the building or trees
+
Ad Majorem Dei Gloriam

PROPERTY NOTES


Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!
2
building or trees

Legal implication of planter v sower:
Owner cant compel sower to buy,
only rent.

To pay rent until the purchase has
been made (Technogas case)

If BP cannot pay purchase price of
the land, LO can require BP to
remove whatever has been built,
planted, or sown.

If the value of the land is
considerably more than that of the
building or trees, BP cannot be
compelled to buy the land. In such
case, BP will pay reasonable rent if
LO does not choose option 1.

If BPS cannot pay the rent, LO can
eject BPS from the land.

Note: Rental period of sower is only
until he gathers what he sowed. He
doesnt have the remedy of removal.
(Sarmiento)
Good faith
LANDOWNER
Bad Faith
BUILDER
Option 1: To acquire whatever has
been built, planted or sown without
paying indemnity except necessary
expenses for preservation of land
and luxurious expenses (should LO
want to acquire luxurious
improvement) plus damages
Loses whatever has been built,
planted or sown without indemnity
and liable to pay damages

Entitled to reimbursement for
necessary expenses for preservation
of land but no right to retention (and
also 443)

NOT Entitled to reimbursement for
useful expenses and cannot remove
useful improvements even if removal
will not cause injury (MWSS case)

Not entitled to luxurious expenses
except when LO wants to acquire
(value of which will be the one at the
time LO enters into possession)

Entitled to remove luxurious
improvements if it will not cause
injury and LO does not want to
acquire them. If it will cause injury
and LO doesnt want to acquire, he
gets it for free (Dean Del)
Option 2: To oblige BP to buy land or
S to pay proper rent plus damages,
regardless of valuation
Obliged to pay for land or proper rent
and pay damages
Option 3: To compel BPS to remove
or demolish work done plus
damages
Obliged to remove or demolish work
done at his expense and pay
damages
Bad Faith
LAND OWNER
Good Faith
BUILDER
Acquire whatever has been built,
planted or sown by paying indemnity
plus damages
Ball is in the court of the BPS.

BPS can remove whatever has been
built, planted or sown regardless of
whether or not it will cause injury and
will be entitled to damages

If LO acquires whatever has been
built, planted or sown, BPS must be
indemnified the value thereof plus
damages

If LO does not acquire, BPS cannot
insist on purchasing land


Bad Faith Bad Faith
Both in good faith






+
Ad Majorem Dei Gloriam

PROPERTY NOTES


Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!
3


LANDOWNER VS BUILDER VS OWNER OF MATERIALS


Landowner Builder/Planter/Sower Owner of the
Materials
Good Faith Good Faith Good Faith
Option 1: To acquire
whatever has been
built, planted or sown
provided there is
payment of indemnity
(which includes value
of what has been built,
planter or sown plus
value of materials
used)
To receive indemnity
from LO with right of
retention over land until
full payment
To receive indemnity
from BPS who is
primarily liable for
materials; if BPS is
insolvent, to proceed
against LO who is
subsidiarily liable with
no right of retention
Option 2: To oblige BP
to buy land or S to pay
rent unless value of
land is considerably
more than that of
building or trees
To buy land or to pay
proper rent
To receive indemnity
from BPS only (LO is
not subsidiarily liable)
with right of retention
until full payment; or

To remove materials if
there will be no injury
on building or trees and
will have material lien
against BPS for
payment of materials
Good Faith
LANDOWNER
Good Faith
BULDER
Bad Faith
MATERIAL OWNER
Same with 1.) Pls read Same with 1) pls read Whatever is the choice
of LO, the OM:
1. loses the materials in
favor of the BPS and
2. will have no right to
receive indemnity from
BPS nor LO






Good Faith
LANDOWNER
Bad Faith
BUILDER
Bad Faith
MATERIAL OWNER
Option 1: To acquire
whatever has been
built, planted or sown
without paying
indemnity except for
necessary expenses
for preservation of land
and luxurious expenses
(should LO want to
acquire luxurious
improvements) plus
damages
BPS loses what has
been built, planted or
sown plus liable for
damages but is entitled
to be indemnified for
necessary expenses
and luxurious expenses
(should LO want to
acquire luxurious
improvements) and has
no right of removal
even if removal will not
cause damage
(Since both BPS and
OM are in bad faith,
treat them both as if
they are in good faith.)

Whatever is the choice
of the LO, OM has right
to receive indemnity for
value of materials from
BPS only (LO has no
subsidiary liability for
value of materials
because OM is
considered in good
faith only insofar as
BPS is concerned)

OM has no right to
remove materials even
if there will be no injury
or damage
Option 2: To oblige BP
to buy the land or S to
pay proper rent plus
damages
To buy the land or pay
proper rent and liable
to pay damages to LO
Get indemnification
from the BPS
Option 3: To oblige BP
to demolish or remove
what has been built,
planted or sown plus
damages
To demolish or remove
what has been built,
planted or sown and
liable for damages
Liable to pay damages
due to defects or
inferior quality of
materials
Bad Faith Good Faith Good Faith
To acquire what has
been built, planted or
sown by paying
indemnity plus liable to
pay damages
To receive indemnity
from LO plus damages
TO receive indemnity
of materials principally
from BPS and in case
BPS is insolvent,
subsidiarily from LO
Bad Faith Good Faith Bad Faith
Same sa taas Same sa taas No right to receive
indemnity for value of
+
Ad Majorem Dei Gloriam

PROPERTY NOTES


Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!
4
materials from BPS nor
LO (who ends up
owning buildings or
trees)
If OM in bad faith, he doesnt get anything (unless BPS in bad faith as
well)


ALLUVION VS AVULSION


Alluvion Avulsion
Deposit of soil is gradual
Deposit of soil belongs to the
owner of the property where the
same was deposited
The soil cannot be identified
Deposit is sudden or abrupt
The owner of the property from
which a part was detached
retains the ownership thereof
Detached portion can be
identified

ADJUNCTION (accessory follows principal)

Rights of Owner of Principal Rights of Owner of Accessory
Good Faith Good Faith
Acquires the accessory,
indemnifying the owner of the value
thereof

Except: When value of accessory is
much more precious than the
principal thing (469)

Except: When still separable, may
demand separation (no adjunction
anyway)
Loses the accessory but has a right
to indemnity for the value of the
accessory

Has a right to demand separation
even if it causes injury to the
principal thing (469)

May demand separation (469(
Good faith Bad faith
Acquires the accessory and has a
right to indemnity for damages he
may have suffered
Loses the thing and has liability for
damages
Bad faith Good faith
Pays for the accessory plus Option 1: Demand the owner of the
damages


Separate thing even if it is destroyed
plus pay damages
principal to pay for the value of the
accessory plus damages

Option 2: Demand separation even if
it causes the destruction of the
principal thing plus damages
Bad Faith Bad Faith
As if both are in good faith

MIXTURE

Owner who caused mixture Owner of the thing mixed into
Good faith or by chance Good faith or by chance

Each owner acquires a right
proportional to the part belonging to
him, bearing in mind the value of the
things mixed or confused
Each owner acquires a right
proportional to the part belonging to
him, bearing in mind the value of the
things mixed or confused
Bad faith Good faith
Loses the thing mixed or confused
plus liable to pay damages
Acquires the thing mixed plus
entitled to damages



SPECIFICATION (accessory follows principal)

Owner of material Builder
Good faith Good faith
Right to indemnification for the value
of the material.



Except: Material more precious than
transformed thing.

Option 1: Appropriate the new thing
to himself, indemnifying the builder
for his work.

Option 2: Demand indemnity for the
Shall appropriate the thing thus
transformed as his own,
indemnifying the owner of the
material for its value.




To be indemnified.



Appropriate the same after indemnity
+
Ad Majorem Dei Gloriam

PROPERTY NOTES


Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!
5
material. for material.
Good faith Bad faith
Option 1: Appropriate the work to
himself without paying indemnity.
(Damages also?)

Except: When for artistic or scientific
reasons, the thing has a value
considerably higher than the
material. The owner of the material
cannot appropriate the work.

Option 2: Demand indemnity for
material plus damages.
Loses his work. No right to
indemnity.


Pay for the materials and damages.





Must pay indemnity and damages.



Adjunction, mixture and specification distinguished

Adjunction Mixture Specification

At least two things At least two things May be only one ting
whose form is changed

Component parts retain
or preserve their nature
Things mixed may or
may not retain their
respective original
nature
Component parts retain
or preserve their nature

Accessory follows
principal
Co-ownership results Accessory follows
principal


QUIET TITLE vs REMOVE CLOUD

Action to quiet title Action to remove a cloud on title
Purpose to put an end to
troublesome litigation in respect
to the property involved
Remedial action involving a
present adverse claim
1
st
paragraph of Art 476
Removal of a possible
foundation for a future hostile
claim
Preventive action to prevent a
future cloud on the title
2
nd
paragraph of Art 476


CO-OWNERSHIP

Co-ownership Joint Ownership
Each co-owner, together with
the others, is the owner of the
whole undivided thing or right
but at the same time of his own
ideal part thereof
Can dispose of his share
without the consent of the other

Survivors are subrogated to the
rights of the deceased
immediately upon the death of
the latter
Disability of a co-owner does
not inure to the benefit of the
others
No abstract share ownership by
the co-owners, the right of the
joint tenants being inseparable


Not permitted to dispose of his
share or interest in the property
without the consent of others
If joint tenant dies, his
ownership dies with him


Disability of a joint tenant inures
to the benefit of the others for
purposes of prescription

Co-ownership Partnership
May be created without
formalities of a contract
No juridical or legal personality
Purpose is collective enjoyment
of the thing
Co-owner can dispose of his
share without the consent of the
others, transferee automatically
becoming a co-owner
No mutual representation
Distribution of profits must be
proportional to the respective
interests of the co-owners
Not dissolved by death
Agreement to keep the thing
undivided for a period of more
than ten years is void (although
it may be extended by a new
agreement)
Can be created only by a
contract, express or implied
Distinct juridical personality
Purpose to obtain profits

Unless authorized, a partner
cannot dispose and substitute
another partner in his place
Partner can generally bind the
partnership
Distribution of profits is subject
to stipulation of the partners

Dissolved by death or incapacity

There may be agreement as to
any definite term without limit
set by law

+
Ad Majorem Dei Gloriam

PROPERTY NOTES


Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!
6
Co-ownership Easement
Each co-owner has a right of
dominion over the whole
property and over his undivided
share
Right of ownership rests solely
on each and every co-owner
over a single object
Precisely a limitation on the right
of dominion


Right of dominion is in favor of
one or more persons and over
two or more different things


POSSESSION OF FRUITS

Kinds of Fruits Possessor in Good
Faith
Possessor in Bad
Faith
1. Civil fruits Entitled to fruits from
start of possession
until legal interruption
Not entitled to fruits.

Must pay damages as
rental from time
possession started
until possession is
finally defeated
2. Natural/Industrial
Fruits

a. Gathered



















Right to retain fruits



















Must account for fruits
and return value of:
fruits actually received,
and fruits which the
legal possessor could
have received with due
care and diligence.

Must pay damages as
reasonable rent for the
term of possession.

But entitled to
necessary expenses
for preservation,
cultivation, and
gathering of fruits.

b. Pending

Owner has 2 options:

First: Pro-rating
(based on period of
possession) between
possessor and owner
of: expenses, net
harvest and charges


Second: To allow
possessor to stay in
possession until after
all fruits are gathered
(which shall serve as
the indemnity for
expenses)


No rights, not even
reimbursement of
expenses for
cultivation (because by
right of accession, all
fruits belong to owner
without need to pay
indemnity)

Must pay damages as
reasonable rent for the
term of possession


POSSESSION EXPENSES

Expenses Possessor in Good
Faith
Possessor in Bad
Faith
Necessary Expenses Entitled to
reimbursement
Right of retention
pending full
reimbursements
Entitled to
reimbursement
No right of retention;
must vacate property
(recourse is to file
collection case)
Liable for damages as
reasonable rent for
period of possession
Useful expenses Owner has 2 options:

Option 1:
reimbursement of
either (a) amount spent
or (b) increase in value
with right of retention
with full payment.

No rights
+
Ad Majorem Dei Gloriam

PROPERTY NOTES


Mickey Ingles
Ateneo Law 2012, updated: May 15, 2012
Librat: No stamping please!
7
Option 2: To allow
possessor to remove
provided no substantial
damage or injury is
caused
Luxurious expenses Owner has 2 options:

Option 1: to allow
possessor to remove
ornaments if the
principal suffers no
injury

Option 2: to retain the
ornament by refunding
the amount spent for
the ornament
Owner has 2 options:

Option 1: to allow
possessor to remove
ornaments if the
principal suffers no
injury

Option 2: to retain the
ornament by refunding
the value of the
ornament at the time
owner enters into
possession (which
means depreciated
value)
Deterioration/loss No liability unless due
to fraudulent intent or
negligence after
service of judicial
summons
Always liable whether
before or after service
of judicial summons,
for any cause, even
fortuitous event.

Anda mungkin juga menyukai