OCCUPATION
Things appropriable by nature may be acquired by occupation (Art 713), such as:
1. Animals that are the object of hunting and fishing :
a. Right to hunt and to fish (Art 715) – regulated by special laws
b. Swarm of Bees (Art 716)
Owner shall have a right to pursue them to another’s land, indemnifying possessor of
such land for damages
If the owner does not pursue or ceases to do so, the possessor of the land may retain
the same
c. Domesticated Animals (Art 716)
Owner may claim them within 20 days from occupation by another person
After expiration, they shall pertain to the one who caught and kept them
d. Pigeons and Fish (Art 717)
Pigeons and fish which pass from their breeding place to another place owned by
another shall belong to the latter, provided they were not enticed by fraud
2. Hidden Treasure
One who discovers a hidden treasure by chance in another’s property (Art 718) –
governed by Art 438, to wit:
o Hidden treasure belongs the owner of the land, building or property where it is
found
o Finder, who is not a trespasser shall be given ½ thereof; trespasser shall not be
entitled
o If treasure found to be of interest to science or the arts, the State may acquire
them at their just price to be divided based on provisions of law
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INTELLECTUAL CREATION
The following acquire by intellectual creation (Art 721):
1. Author
With regard to his literary, dramatic, historical, legal, philosophical, scientific or other work
Shall have ownership even before publications; after publishing, rights are governed by
Copyright Laws (Art 722)
2. Composer
As to musical composition
Shall have ownership even before publications; after publishing, rights are governed by
Copyright Laws (Art 722)
3. Painter, sculptor or other artist
With respect to product of his art
Shall have dominion over their art even before being copyrighted (Art 722)
4. Scientist or technologist or any other person
With regard to discovery or invention
Has ownership of discovery and invention before it is patented (Art 722)
PRESCRIPTION
Definition (Art 1106)
1. Acquisitive Prescription – where one acquires ownership and other real rights through the
lapse of time
2. Extinctive Prescription – where rights and conditions are lost through the lapse of time
Persons who may acquire by prescription
1. Those capable of acquiring property and rights by other modes (Art 1107)
2. Minors and incapacitated persons, either personally or through parents, guardians and
representatives (Art 1107)
3. Creditors and other interested persons (Art 1114) – may make the prescription effective
notwithstanding the renunciation of the debtor or proprietor
Object of Prescription (Art 1113) :
1. All things within the commerce of men, unless provided otherwise
2. Property of the State or any of its subdivisions not patrimonial in character shall not be the
object of prescription.
Prescription runs against (Art 1108) :
a. Minors and incapacitated persons who have parents guardians and legal representatives
b. Absentees who have administrators either appointed by them or appointed by courts
c. Persons living abroad, who have managers or administrators
d. Juridical persons, except the State and its subdivisions
Persons who are disqualified from administering their property may claim damages from their
legal representatives whose negligence caused the prescription (Art 1108)
Prescription runs against or in favor of a married woman (Art 1110)
Prescription does not run against :
1. Husband and wife, even if there be a separation of property by marriage settlements or by
judicial decree (Art 1109)
2. Parents and children, during the minority or insanity of the latter (Art 1109)
3. Guardian and ward during the continuance of the partnership (Art 1109)
Prescription obtained by a co-proprietor or co-owner shall benefit the others (Art 1111)
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Renunciation of the right to prescribe
1. Persons with capacity to alienate property may renounce (Art 1112)
2. Prescription already obtained may be renounced, but not the right to prescribe in the
future (Art 1112)
3. Tacit renunciation (Art 1112) – deemed when such results from acts which imply the
abandonment of such
4. Creditors and other interested persons may make the prescription effective
notwithstanding the renunciation of the debtor or proprietor (Art 1114)
Governing Laws
1. Provisions herein is without prejudice to the other provisions and in the special laws with
respect to specific cases of prescription (Art 1115)
2. Prescription already running before effectivity of this Code shall be governed by laws
previously in force; however, if since effectivity of this Code, the entire period required for
prescription should elapse, the present code is applicable, even though the former law
requires a longer period (Art 1116)
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c. Express or tacit recognition by the possessor of the owner’s rights also interrupts
possession (Art 1125)
d. Possession in war time, when civil courts are not open, shall not be counted in favor of
the adverse claimant (Art 1136)
5. As to right to recover personal property lost/illegally deprived or acquired in a public sale, fair
or market or from a merchant’s store (Art 1132) – apply Art 559 and 1505.
6. Where adverse claimant possesses by mistake an area greater or less that expressed in his
title, prescription shall be based on the possession (Art 1135)
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PRESCRIPTION OF ACTIONS (Extinctive Prescription)
1. Actions prescribe by mere lapse of time fixed by law (Art 1139)