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Property Memory Aid 2007

Art. 415. The following are immovable property:

1. Land, buildings, roads, and constructions of Art. 417. The following are also considered as
all kinds adhered to the soil; personal property:
2. Trees, plants, and growing fruits, while they 1. Obligations and actions which have for their
are attached to the land or form an integral object movables or demandable sums;
part of an immovable; 2. Shares of stock of agricultural, commercial
3. Everything attached to an immovable in a and industrial entities, although they may
fixed manner, in such a way that it cannot be have real estate.
separated therefrom without breaking the
material or deterioration of the object; Property classified according to ownership
4. Statues, reliefs, paintings or other objects for 1. Public dominion
use or ornamentation, placed in buildings or 2. Private ownership
on lands by the owner of the immovable in
such a manner that it reveals the intention to Property of public dominion
attach them permanently to the tenements; 1. Property intended for public use
5. Machinery, receptacles, instruments or 2. Property intended for some specific public
implements intended by the owner of the service
tenement for an industry or works which may 3. Property intended for the development of
be carried on in a building or on a piece of national wealth
land, and which tend directly to meet the
needs of the said industry or works; Doctrine of self-help
6. Animal houses, pigeon-houses, beehives, fish Art. 429. The owner or lawful possessor of a thing
ponds or breeding places of similar nature, in has a right to exclude any person from the enjoyment
case their owner has placed them or and disposal thereof. For this purpose, he may use
preserves them with the intention to have such force as may be reasonably necessary to repel
them permanently attached to the land, and or prevent an actual or threatened unlawful physical
forming a permanent part of it; the animals in invasion or usurpation of his property.
these places are included;
7. Fertilizer actually used on a piece of land; 7 Modes of acquiring ownership (OLD-TIPS)
8. Mines, quarries, and slag dumps, while the Original modes
matter thereof forms part of the bed, and 1. Occupation
waters either running or stagnant; 2. Intellectual Creation
9. Docks and structures which, though floating, Derivative modes
are intended by their nature and object to 3. Law
remain at a fixed place on a river, lake, or 4. Donation
coast; 5. Tradition or Delivery
10. Contracts for public works, and servitudes 6. Prescription (acquisitive)
and other real rights over immovable 7. Succession
7 Rights of ownership
Classes of immovable or real property 1. Jus possidendi or the right to possess
1. by nature 2. Jus utendi or the right to use and enjoy
2. by incorporation 3. Jus fruendi or the right to the fruits
3. by destination
4. by analogy
4. Jus accessionis or the right to accessories
5. Jus abutendi or the right to consume the
Art. 416. The following things are deemed to be thing by its use
personal property: 6. Jus disponendi or the right to dispose or
1. Those movables susceptible of appropriation alienate
which are not included in the preceding 7. Jus vindicandi or the right to vindicate or
article; recover
2. Real property which by any special provision
of law is considered as personalty; 7 Actions to recover property
3. Forces of nature which are brought under 1. writ of replevin
control by science; and 2. accion interdictal
4. In general, all things which can be a. forcible entry
transported from place to place without b. unlawful detainer
impairment of the real property to which they 3. accion publiciana
are fixed. 4. accion reivindicatoria
5. writ of injunction
6. writ of possession

7. writ of demolition
Requisites of eminent domain
1. The taking must be done by competent
2. It must be for public use
3. The owner must be paid just compensation
4. The requirement of due process of law must
be observed

Art. 438. Hidden treasure belongs to the owner of

the land, building, or other property on which it is

Nevertheless, 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 the 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

Art. 439. By treasure is understood, for legal

purposes, any hidden and unknown deposit of
money, jewelry, or other precious objects, the lawful
ownership of which does not appear.

Kinds of accession
1. Accession discreta – extension of the right of
ownership of a person to the products of a
thing which belong to such person. It takes
place with respect to:
a. natural fruits
b. industrial fruits
c. civil fruits

2. Accession continua – extension of the right of

ownership of a person to that which is
incorporated or attached to a thing which
belongs to such person.
a. with respect to real property
i. accession industrial
1. building
2. planting
3. sowing
ii. accession natural (accretion)
1. alluvion
2. avulsion
3. change of river course
4. formation of islands

b. with respect to personal property

i. conjunction or adjunction
1. inclusion or
2. soldadura or
3. tejido or weaving
4. pintura or painting

5. escritura or writing and (c) on navigable or floatable rivers, the

ii. mixture island belongs to the State;
1. commixtion – mixture 2. If formed in non-navigable and non-floatable
of solides rivers:
2. confusion - mixture a. It belongs to the nearest riparian
of solids owner;
iii. specification b. The island is divided longitudinally in
halves, if it is in the middle of the
Accretion river.
Accretion is the process whereby the soil is deposited.
The soil is alluvium. Characteristics of adjunction
1. There are two movables belonging to
Requisites of alluvium different owners;
1. The deposit or accumulation of soil or 2. They are united in such a way that they form
sediment must be gradual and imperceptible; a single object; and
2. The accretion results from the effects or 3. They are so inseparable that their separation
action of the current of the waters of the would impair their nature or result in
river; substantial injury to either component.
3. The land where accretion takes place must be
adjacent to the bank of a river; Tests to determine principal in adjunction
1. Intent of the respective owners of principal
Requisites of avulsion and accessory;
1. The segregation and 2. Of greater value, if they are of unequal value;
transfer must be 3. Of greater volume, if they are of equal
caused by the current values.
of a river, creek, or
torrent. Art. 484. There is co-ownership whenever the
2. The segregation and ownership of an undivided thing or right belongs to
transfer must be different persons.
sudden and abrupt.
3. The portion of land In default of contracts, or special provisions, co-
transported must be ownership shall be governed by the provisions of this
known or identifiable. Title.

Alluvium v. Avulsion Termination of co-ownership

Alluvium Avulsion 1. By the consolidation or merger in only one of
Gradual Sudden or abrupt the co-owners of all the interests of the
Soil cannot be identified Identifiable others;
Belongs to owner of Belongs to owner from 2. By the destruction or loss of the property co-
property to which it is whose property it was owned;
attached attached 3. By acquisitive prescription in favor of a third
person or a co-owner who repudiates the co-
Art. 461. River beds which are abandoned through 4. By the partition, judicial or extrajudicial, of
the natural change in the course of the waters ipso the respective undivided shares of the co-
facto belong to the owners whose lands are occupied owners;
by the new course in proportion to the area lost.
5. By the termination of the period agreed upon
However, the owners of the land adjoining the old
or imposed by the donor or testator, or of the
bed shall have the right to acquire the same by
period allowed by law; and
paying the value thereof, which value shall not
exceed the value occupied by the new bed. 6. By the sale by the co-owners of the thing to a
third person and the distribution of the
Requisites for the above-mentioned rule proceeds among them.
1. There must be a natural change in the course
of the waters of the river. When co-owner may claim title by prescription
2. The change must be abrupt or sudden. founded on adverse possession
1. He had performed unequivocal acts of
Requisites for ownership of islands formed repudiation of the co-ownership amounting
through alluvion to an ouster of the cestui que trust ot the
1. If formed: (a) on the seas within the other co-owners;
jurisdiction of the Philippines, (b) on lakes,

2. Such positive acts of repudiation have been 2. tradicion constitutum possessorium – owner
made known to the cestui que trust or the to holder
other co-owners; 3. tradicion longa manu – by mere consent or
3. The evidence thereon is clear, complete and agreement of the parties
conclusive in order to establish prescription 4. tradicion simbolica – delivery of the thing
without any shadow of doubt; and which symbolizes the property delivered
4. His possession is adverse, open, continuous,
exclusive, and notorious, in the concept of an
owner, and must satisfy the required period
for prescription.

1. It is a change
2. which is more or less permanent
3. changes the use of the thing
4. and prejudices the condition of the thing or
its enjoyment by others.

Art. 523. Possession is the holding of a thing or the

enjoyment of a right.

Elements of possession
1. There must be holding or control of a thing or
2. The holding or control must be with the
intention to possess (animus possidendi).
3. It must be in one’s own right.

Forms or degrees of possession

1. Possession without any title whatsoever –
mere holding or possession without any right
or title at all, such as that of a thief or
2. Possession with a juridical title – predicated
on a juridical relation existing between the
possessor and the owner (or one acting in his
behalf) of the thing but not in the concept of
owner such as that of a lessee, usufructuary,
depositary, agent, pledge, and trustee;
3. Possession with a just title – adverse claimant
whose title is sufficient to transfer ownership
but is defective such as when the seller is not
the true owner or could not transmit his
rights thereto to the possessor who acted in
good faith; [requisite for acquisitive
4. Possession with a title in fee simple – derived
from the right of dominion or possession of
an owner.

Rights of possession
1. Jus possidendi – right to possession which is
incidental to and included in the right of
2. Jus possessionis – the right of possession
independent of and apart from the right of

Types of constructive delivery

1. tradicion brevi manu – holder to owner

Preference for right of possession (Art. 538) Art. 562. Usufruct gives a right to enjoy the property
1. The present or actual possessor shall be of another with the obligation of preserving its form
preferred; and substance, unless the title constituting it or the
2. If there are two possessors, the longer in law otherwise provides.
3. If the dates of possession are the same, the Characteristics of usufruct
possessor with a title; 1. Real right
4. If all the above are equal the fact of 2. Temporary duration
possession judicially determined, and in the 3. Transmissible
meantime, the thing shall be placed in judicial 4. May be constituted on real or personal
deposit. property, consumable or non-consumable,
tangible or intangible, the ownership of which
Modes of losing possession is vested on another
1. by abandonment
2. by assignment Art. 603. Usufruct is extinguished:
3. by the destruction, total loss, or withdrawal 1. By the death of the usufructuary, unless a
from commerce contrary intention clearly appears;
4. by possession of another for more than one 2. By the expiration of the period for which it
year was constituted, or by the fulfilment of any
resolutory condition provided in the title
Art. 526. He is deemed a possessor in good faith creating the usufruct;
who is not aware that there exists in his title or mode 3. By merger of the usufruct and ownership in
of acquisition any flaw which invalidates it. the same person;
4. By renunciation of the usufructuary;
He is deemed a possessor in bad faith who possesses 5. By the total loss of the thing in usufruct;
in any case contrary to the foregoing. 6. By the termination of the right of the person
constituting the usufruct;
Mistake upon a doubtful or difficult question of law 7. By prescription.
may be the basis of good faith.
Art. 613. An easement or servitude is an
Art. 559. The possession of movable property encumbrance imposed upon an immovable for the
acquired in good faith is equivalent to title. benefit of another immovable belonging to a different
Nevertheless, one who has lost any movable or has owner.
been unlawfully deprived thereof, may recover it from
the person in possession of the same. The immovable in favour of which the easement is
established is called the dominant estate; that which
If the possessor of a movable lost or of which the is subject thereto, the servient estate.
owner has been unlawfully deprived, has acquired it
in good faith at a public sale, the owner cannot obtain Modes of acquiring easements
its return without reimbursing the price paid therefor. 1. By title. – All easements:
a. continuous and apparent easements
When possessor cannot acquire title despite b. continuous and non-apparent
purchase of movable at a public sale easements
1. Where the owner of the movable is, by his c. discontinuous easements, ehether
conduct, precluded from denying the seller’s apparent or non-apparent
authority to sell; 2. By prescription of ten years – continuous and
2. Where the law enables the apparent owner to apparent easements
dispose of the movable as if he were the true 3. By deed of recognition
owner thereof; 4. By final judgment
3. Where the sale is sanctioned by statutory or 5. By apparent sign established by the owner of
judicial authority; two adjoining estates
4. Where the sale is made at merchant’s stores,
fairs or markets; Modes of extinguishment of easements
5. Where the seller has a voidable title which 1. By merger
has not been avoided at the time of the sale 2. By non-user for ten years
to the buyer in good faith for value and 3. Impossibility of use
without notice of the seller’s defect of title; 4. By expiration of term or fulfilment of
6. Where recovery is no longer possible because resolutory conditions
of prescription; 5. By renunciation
7. Where the possessor becomes the owner of 6. By redemption
the thing in accordance with the principle of
finder’s keeper.

principal reason for the doctrine is that the condition

Doctrine of apparent sign or appliance in question although its danger is
Art. 624. The existence of an apparent sign of apparent to those of age, is so enticing or alluring to
easement between two estates, established or children of tender years as to induce them to
maintained by the owner or both, shall be considered, approach, get on or use it, and this attractiveness is
should either of them be alienated, as a title in order an implied invitation to such children.
that the easement may continue actively and
passively, unless, at the time the ownership of the The attractive nuisance doctrine generally is not
two estates is divided, the contrary should be applicable to bodies of water, artificial as well as
provided in the title of conveyance of either of them, natural in the absence of some unusual condition or
or the sign aforesaid should be removed before the artificial feature other than the mere water and its
execution of the deed. This provision shall also apply location. Thus, a swimming pool or pond or reservoir
in case of the division of the thing owned in common of water is not considered an attractive nuisance.
by two or more persons.
Remedies against a nuisance
8 Kinds of legal easements 1. Criminal prosecution – only applicable to
1. waters public nuisance
2. right of way 2. Civil action
3. party wall 3. Abatement, without judicial proceedings
4. light and view
5. drainage of buildings
6. intermediate distances Requisites of occupation
7. against nuisance 1. There must be seizure of a thing;
8. lateral and subjacent support 2. The thing seized must be corporeal personal
Requisites of easement of right of way 3. The thing must be susceptible of
1. That an immovable is surrounded by other appropriation by nature;
immovables, and without an adequate outlet 4. The thing must be without an owner;
to a public highway 5. There must be an intention to appropriate;
2. The isolation must not be due to the and
proprietor’s own acts 6. The requisites or conditions laid down by law
3. There must be payment of proper indemnity must be complied with.
4. The easement must be established at the
point lest prejudicial to the servient estate, Infringement v. Unfair Competition
and in so far as consistent with this rule, Infringement Unfair Competition
where the distance from the dominant estate Unauthorized use of a Passing off of one’s goods
to the public highway is the shortest. trademark as those of another
Fraudulent intent is Fraudulent intent is
Nuisance unnecessary essential
Anything which is injurious to public health or safety, Prior registration of the Registration is not
is offensive to the senses, is indecent or immoral, trademark is a necessary
obstructs the free use of any public street or body of prerequisite to the action
water, impairs the use of property, or, in any way,
interferes with the comfortable enjoyment of life or Art. 725. Donation is an act of liberality whereby a
property is a nuisance. person disposes gratuitously of a thing or right in
favor of another, who accepts it.
Nature of nuisance • Donation is a contract
1. Nuisance per se – nuisance at all times and
under any circumstance Requisites of donation
2. Nuisance per accidens – not a nuisance per 1. The donor must have capacity to make the
se, but which may become a nuisance by donation of a thing or right;
reason of circumstances, location, or 2. He must have the donative intent (animus
surroundings. donandi);
3. There must be delivery, whether actual or
Doctrine of attractive nuisance constructive, of the thing or right donated;
One who maintains on his premises dangerous and
instrumentalities or appliances of a character likely to 4. The done must accept or consent to the
attract children in play, and who fails to exercise donation.
ordinary 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. The

Donations inter vivos v. Donations mortis causa

inter vivos mortis causa Art. 749. In order that the donation of an immovable
1 Takes effect during the Takes effect upon the may be valid, it must be made in a public document,
lifetime of the donor death of the donor specifying therein the property donated and the value
testator of the charges which the done must satisfy.
2 Made out of the donor’s Made in contemplation
pure generosity of donor’s death The acceptance may be made in the same deed or
3 Valid even if the donor Void should the donor donation or in a separate public document, but it
should survive the survive the done shall not take effect unless it is done during the
donee lifetime of the donor.
4 Must follow the Must follow the
formalities of donations formalities for the If the acceptance is made in a separate instrument,
validity of a will the donor shall be notified thereof in an authentic
5 Must be accepted by Can only be accepted form, and this step shall be noted in both
the done during his during the donor’s instruments.
lifetime death
6 Cannot be revoked Always revocable at any Grounds for revocation of donation
except on grounds time and for any reason 1. Birth, adoption, or reappearance of a child
provided for by law before the donor’s 2. Inofficiousness
death 3. Ingratitude
7 Right to dispose of the Right to disposed is 4. Non-fulfillment of a resolutory condition
property is completely retained by the by the
conveyed to the donee donor while he is still Grounds for reduction of donation
alive 1. Birth, adoption, or reappearance of a child
8 Subject to donor’s tax Subject to estate tax 2. Inofficiousness
1. Failure of the donor to reserve sufficient
Art. 739. The following donations shall be void: means for support for himself or dependent
1. Those made between persons who were relatives.
guilty of adultery or concubinage at the time
Art. 1027. The following are incapable of becoming donees:
of the donation; 1. The priest who heard the confession of the donor
2. Those made between persons found guilty of during his last illness, or the minister of the gospel
the same criminal offense, in consideration who extended spiritual aid to him during the same
thereof; period;
3. Those made to a public officer or his wife, 2. The relatives of such priest or minister of the
descendants and ascendants, by reason of his gospel within the fourth degree, the church, order,
office. chapter, community, organization, or institution to
which such priest or minister may belong;
3. A guardian with respect to donations given by a
In the case referred to in No. 1, the action for ward in his favour before the final accounts of the
declaration of nullity may be brought by the spouse guardianship have been approved, even if the
of the donor or donee; and the guilt of the donor and donor should die after the approval thereof;
done may be proved by preponderance of evidence in nevertheless, any provision made by the ward in
the same action. favour of the guardian when the latter is his
ascendant, descendant, brother, sister, or spouse,
shall be valid;
Art. 748. The donation of a movable may be made 4. XXX
orally or in writing. 5. Any physician, surgeon, nurse, health officer or
druggist who took care of the donor during his last
An oral donation requires the simultaneous delivery illness;
of the thing or of the document representing the right 6. Individuals, associations and corporations not
donated. permitted by law to inherit.

Art. 1032. The following are incapable of succeeding by

If the value of the personal property donated exceeds
reason of unworthiness:
Five thousand pesos, the donation and the 1. Parents who have abandoned their children or
acceptance shall be made in writing. Otherwise, the induced their daughters to lead a corrupt of
donation shall be void. immoral life, or attempted against their virtue;
2. Any person who has been convicted of an attempt
against the life of the testator, his or her spouse,
descendants, or ascendants;
3. Any person who has accused the testator of a crime
for which the law prescribes imprisonment for six
years or more, if the accusation has been found
4. Any heir of full age who, having knowledge of the
violent death of the testator, should fail to report it

to an officer of the law within a month, unless the

authorities have already taken action; this
prohibition shall not apply to cases wherein,
according to the law, there is no obligation to make
an accusation;
5. Any person convicted of adultery or concubinage
with the spouse of the testator;
6. Any person who by fraud, violence, intimidation, or
undue influence should cause the testator to make
a will or change one already made;
7. Any person who by the same means prevents
another from making a will, or from revoking one
already made, or who supplants, conceals, or alters
the latter’s will;
8. Any person who falsifies or forges a supposed will
of the decedent.

Art. 1033. The causes of unworthiness shall be without

effect if the testator had knowledge thereof at the time he
made the will, or if, having known of them subsequently, he
should condone them in writing.