Property Law – is that branch of civil law 415

which classifies and defines the different kinds

of appropriable objects, provides for their Immovable Property
acquisition and loss and in general, trats of the (1) Land, building, roads of construction of
nature and consequences of real rights. all kinds adhered to soil.
(2) Trees, plants and growing fruits
o While they are attached to the
Classification of Things land
o Or form an integral party of an
immovable
Three kinds of things: (3) Everything attached to an immovable in
a fixed manner
(a) Res nullius – belonging to no one o In such a way it cannot be
(b) Res communes – belonging to everyone separated without breaking it
(c) Res alicujus – belonging to someone (4) Statues, reliefs, paintings, or other
objects for us of ornamentation placed
 Res nullius belongs to no one because, in buildings or lands
the thing is not yet been appropriated o In manner that the intention of
 Res communes are owned by everybody, the owner is to attach it
their use of enjoyment are given to all permanently
mankind (e.g. Air, light). (5) Machinery, receptacles,instruments or
 Res alicujus these are objects, tangible implements
or intangible, which are owned privately. o Which is attachedto a building
o And since they can be owned or land, which tend to directly
they should be considered meet the needs of the said
“property”. industry or work
(6) Animal houses, pigeon houses, bee
hives, fish ponds or breeding places
414 o With the intention of the owner
to attach it to the land,
Classification of Property permanently
(a) Immovable or real property o The animals in these places are
(b) Movable or personal property included
(7) Fertilizer actually used in a piece of land
 The importance of knowing movable to (8) Mines, quarries and slog dumps
immovable is that different laws govern o When they form part of the bed
the both of it. and waters either running or
stagnant
 Human body cannot be an object of a (9) Docks ans structures which though
contract for he is considered outside the floating are intended by their nature to
commerce of man. remain at fixed place
(10) Contracts for public works ans
o It can only be, when requiring servitudes and other real rights over
demonstration of strength or immovable property
posing for painter
Academic Classification of Real Property agricultural, commercial or industrial
entities is personal property, even the
entities where the stock belong are real
a. Real Property by nature (trees, plants)
estate (Real Property)
b. By incorporation (building)
c. By destination or purpose (machinery)
o All shares in a juridical person
d. By analogy (usufruct, contract for
are personal property
public works)
o Money is a personal property
whether it is the legal tender or
416 merchandise

Movable Property
418
Three test to determine whether property is
movable: Consumable – this cannot be used
according to its nature without being
a. If the property is capable of being consumed.
carried place to place
b. Such change in location doesn’t Non-Consumable – any other kind of
damaged the real property it was property.
attached
c. Not included in Art 415
o Letter C is superior over A and Classification:
B property
1.) According to nature
 DENR and Bureau of Lands (now, LMB)
has no authority to issue an order of 2.) According to intention (fungible and
demolition (Baguio vs. Nino) non-fungible)
417 o Identical Thing be returned,
even though it is consumable by
Other kinds of Personal Property
nature is non fungible (for
1.) (a) Obligations and actions for a specific exhibition of a consumable
property maybe personal property thing = non fungible)
o e.g. (right to collect a sum of a o Equivalent be returned =
personal property) fungible (returned of same kind
o XPN. (when the object of and quality = fungible)
obligation or action is real o Replaceable by an equal quality,
property) e.g. Right to recover a kind and quantity = fungible
piece of land (land is real) o Irreplaceably by any kind
because the identical thing must
(b) A promissory note is a personal be returned = non fungible
property
o A right to collect a promissory
note is also a personal property

2.) Shares of stocks, receipts or

certificate evidencing a share to 419
Property Classified according to ownership  Canals constructed by the state for
public use are public ownership
a.) Public dominion/ capacity
(Santol vs Moreno)
b.) Private dominion/ capacity
 But canals constructed by a private
person within private land and for
 The executive officials has the
private use are private ownership
function of disposing and
 Article 420, must be constructed by
administering land of public
state in order for it to be public
dominion in manners prescribed by
domain
law
 Navigable river, stream is a public
 The state own properties both in
dominion (Palanca vs
public and private capacity
Commonwealth)
river  If rivers are non navigable they are
not of public dominion
420
 Public streams, obstructed by a
Property of Public Dominion person claiming ownership maybe
held liable for obstruction
Public Dominion – ownership by the state in  Ownership of a navigable stream is
that the state has control and administration. not acquired by prescription
 State or its subdivisions may not  Navigable rivers are outside the
make it as an object of commerce as commence of man, therefore cannot
long as they remain properties for be registered
public use
Three kinds of Property of Public Dominion: Characteristic of Properties of Public
1.) for public use – maybe use by anybody Dominion:
(road) a.) They are outside the commerce of man
2.) for public service – used by authorized
 Cannot be registered, leased,
person (army vessel, national buildings)
donated or sold or be the object of
3.) for the development of national any contract
wealth – like our natural resources XPN: They are the objects of
repairs or improvements and other
 Natural Expropriation – when a part incidental things.
of a privately owned property was
converted into a public domain. b.) They cannot be acquired by prescription
o XPN: Land become part of
 No matter how long the possession
shores due to waves of the
of the properties has been
sea
 Any property of state cannot be the
 Shores are property of public
object of prescription.
domain, thus not registrable. Such in
XPN: Patrimonial in character
a certificate of title does not convert
 Even city or municipality cannot
the same into properties of private
acquire them by prescription as
ownership.
against the state
c.) Cannot be registered under the Land o Public Forest are in a liable public
Registration Law and be subject of Torrens Title land

 If erroneously included in Torrens title,

the property remains a public domain
421
d.) They, as well as their usufruct, cannot be
Patrimonial Property – The property that the
levied upon by execution, nor can be attached
states own but which are not devoted for public
e.) In general, they can be used by everybody use, public service or the development of
national wealth.
f.) They maybe either real or personal property
 Owned by the state in its private
 A town plaza cannot be used for the capacity
construction of residence or market stall
 Patrimonial property may be acquired
 In case of emergency, town plazas by private individual or corporation thru
maybe temporarily occupied by private prescription (Art 1113)
individuals, still when emergency ceases,
the temporary use must also cease
 A town plaza cannot be donated to the
422
Roman Catholic Church
 The intention of the law is to prevent Property of public dominion, when no longer
usurpation of any part of public intended for public use or for public service
dominion shall form part of the patrimonial property of the
 Forest land cannot be registered state
 Land produced by action of the seais of
 When it is no longer in use for public or
public ownership and cannot be owned
public service, the state does not lose
by private person
ownership but just turns into its
 Mayors do not have the authority to give
patrimonial properties
permits to occupy a public domain, such
permit is null and void
 Port in Article 420 (1) includes seaports 423
and airports (MIAA vs CA)
Properties of Political Subdivisions
a) Property for public use
Public Land - Land that has not been b) Patrimonial property
subjected to private right or devoted to public
use. They are the part of government lands Alienation of properties
which are thrown open to private appropriation a) Properties of a political subdivision for
and settlement by homestead public use cannot be alienated as such,
and may not be acquired by prescription.
o e.g. Agri lands, mines, forest
b) Properties of a political subdivision
o Agri land maybe sold to or acquired
which are patrimonial in character may
by private individuals or entities
be alienated and may be acquired by
o Ownership over mining and forest
others through prescription.
lands cannot be transferred, but leases
for them maybe had
 The National Government may donate its Acquisition by Alien
patrimonial property to a municipality and
An alien has had no right to acquire any
the latter may own the same. public or private, agricultural, commercial or
 The property donated becomes either public residential land, since the date of effectivity of
use or patrimonial depending on the use the 1987 Philippine Constitution.
given to the property.
 The term National Government of the XPN: Hereditary succession
Philippines is not synonymous to the  Same with foreign corporation (Art XII,
Government of the Philippines. The former Sec 3)
is restrictive and does not include local  The constitutional prohibition against
government or other governmental entities. acquisition of land by aliens is absolute.
It only refers to the Central Government.
(Legislative, Executive, and Judiciary)
 When a municipality’s public dominion is OWNERSHIP IN GENERAL
no longer in use, it becomes a patrimonial
Ownership
property, which may be a subject of a
common contract Independent and general power of a person over
 The right of the public to use the city street a thing for purposes recognized by law and
may not be bargained away through within the limits established thereby. (Filomusi)
contracts. Independent and general right of a person to
 EO may not infringe the public use of the control a thing particularly in his possession,
city street. enjoyment, disposition, and recovery, subject to
no restrictions except those imposed by the state
or private persons, without prejudice to the
425 provisions of law. (Paras)

Private Property – are those that belong to

private persons, individually or collectively.
Kinds of Ownership
 Collectively – Co-owners; or by a) Full ownership (jus in re propia) – all
corporation, partnership or other the rights of an owner.
juridical persons. b) Naked ownership (nuda proprietas) –
Possession by private person since time ownership where the right to the use and
immemorial carries the presumption that the the fruits has been denied.
land had never been part of public domain. c) Sole ownership – ownership is vested
only in one person.
Torrens title is generally a conclusive evidence d) Co -ownership – ownership is vested in
of the ownership of the land. two or more persons.
Payment of land tax is not an evidence of  unity of the property and plurality of
ownership, especially when the land paid is the subjects (Manresa)
covered by a Torrens title.
Real rights vs. Personal rights indemnity – vs. principle of unjust
enrichment)
Real Rights - Rights that confer upon its holder
an autonomous power to derive directly from a 8. True owner must resort to judicial
thing certain economic advantages process – when thing is in possession of
independently of whoever the possessor of the another; law creates a disputable
thing. presumption of ownership to those in
actual possession
Personal Rights - Rights of a person to demand
from another as a definite passive subject, the Possessory information – (informacio
fulfillment of a prestation to give, to do or not to possessoria) prima facie evidence that the
do. registered possessor is also the owner of the
land involved.
Rights of an owner under the Roman Law:
Squatter – is one who settles on the land of
a) jus possidendi – right to possess.
another without any lawful authority.
b) jus utendi – right to use.
c) jus abutendi- right to consume.  The term is particularly applied to a
d) jus fruendi – right to the fruits. person who settles on public land.
e) jus dispodendi – right to dispose.  Even if the land is private, the
f) jus vindicandi – right to recover. unlawful settler may still be regarded
as a squatter.
 Squatter is always deemed to be in
Limitation on Ownership bad faith.
1. General limitations for the benefit of the
state (eminent domain, police power,
taxation)
RIGHT OF ACCESSION
2. Specific limitations imposed by law
(servitude, easements)
Accession – owner of thing becomes owner of
3. Specific limitations imposed by party
everything it may produce or those which may
transmitting ownership (will, contract)
be incorporated or united thereto, either
4. Limitations imposed by owner himself naturally or artificially.
(voluntary servitude, mortgages, pledges)
 Artificial includes improvement made
5. Inherent limitations arising from therein.
conflicts with other similar rights
(contiguity of property) Accessories – things joined to or included with
the principal thing for the latter’s embellishment,
6. Owner cannot make use of a thing better use, or completion.
which shall injure/prejudice rights of
3rd persons (neighbors) Modes of Acquiring Ownership:

7. Acts in state of necessity – law permits (a) Occupation

injury or destruction of things owned by (b) Intellectual creation
another provided this is necessary to (c) Law
avert a greater danger (with right to (d) Donation
(e) Succession
 (f) Tradition (as a consequence of a certain Accession Discreta - Right of ownership to the
contracts) fruits produced by the property.
(g) Prescription
GEN:
To the owner of the principal belongs the natural,
Accession is not a mode of acquiring ownership.
industrial and civil fruit.
Accession is a right implicitly included in
ownership. XPN:
(1) Possession in good faith of land
Right to accession is generally automatic,
(2) Usufructuary
requiring no prior act on the part of the owner of
(3) Lease (lessee gets the fruit of the land)
the principal.
(4) Antichresis
Classification of Accession:
(a) Fruits Kind of Fruits
1. Natural Fruits
a) Natural Fruits – Spontaneous products
2. Industrial Fruits
of soil and the young and other products
3. Civil Fruits
of animals.
(b) Attachment or Incorporation
 Accession Industrial (artificial)  Products of the soil in whose
1. Building
generation human labor does not
2. Planting
intervene.
3. Sowing
 Accession Natural (natural) b) Industrial Fruits – Produced by lands
1. Alluvium
of any kind through cultivation or labor.
2. Avulsion
3. Change of course of  Offspring of animals always belong
rivers to the owner of the female animal,
4. Formation of islands
for the burden is borne by the
female animal when pregnant
Principle:
c) Civil Fruits –Rents of buildings, the
 That the owner of a thing belongs to the
price of leases of lands and other
extension or increase of such thing.
property and the amount of perpetual or
 That this extension of the right of ownership life annuities or other similar income.
is realized, as a general rule under the
juridical principle that the accessory follows
 Easily prorated for under NCC 544
the principal.
they are deemed to accrue daily and
 That the incorporation of the accessory with
belong to the possessor in good faith
the principal, saving the exceptions provided
in that proportion.
by law, is effected only when two things are
so united that they cannot be separated
 Dividend is an income or fruits because it
without injuring or destroying the juridical
is declared out of the profit of the
nature of one of them.
corporation and not out of the capital.
Article 443 with the knowledge and without
opposition on his part.
Obligation of the recipient of fruits to reimburse
the necessary expenses.
(b) On the part of owner of materials -
The expenses must have been used for Allows the use of his materials without
production, gathering or preservation, not for the protest.
improvements of property
They must have been necessary and not (c) On the part of the builder, sower and
luxurious or excessive. planter - Knows that he does not have title
to the land, nor the right to build thereon or
no permission of the owner of the
PRINCIPLES APPLICABLE TO
materials to pay their value.
ACCESSION CONTINUA
Nota bene:
Accession Continua – right of accession
over immovable property.  Bad faith leads to liability for damages and
the loss of the works or the improvement
without reimbursement.
ACCESSION CONTINUA (Artificial or
 Bad faith of both party off set the bad faith
Industrial)
of another; consequently both are deemed
 GEN: The owner of the land is also the to be in good faith.
owner of whatever is built, planted or
sown thereon.

XPN: Conjugal partnership

Land Owner’s Material Owner’s
Building – all kinds of construction with roof, Right Right
used for residence, office, or social meetings.
1. Material owner
 All works are presumed made at the Land right of
1. Material is
owner’s expense, unless the contrary is Owner in reimbursement
Owned
proved. Good Faith 2. Removal (when
 The owner of the principal thing owns the no injury)
natural, industrial and civil fruits, except
when the following persons exist:
1. Possessor in Good Faith 1. Material owner
2. Usufructuary Land indemnities plus
1. Material is
3. Lessee Owner in damages.
Owned
4. Antichretic creditor Bad Faith 2. Absolute removal
plus damages

MEANING OF BAD FAITH

(a) On the part of the landowner - Whenever

the building, planting or sowing was done
 Land Owner’s Builder, Sower,
Rights Planter’s Rights LO =
1. LO Bad
appropriate &  Offset,  Aforementioned
Faith
payment of became both Remedies
indemnity in good faith applicable
LO = BSP =
Good Bad
2. LO sell land
1. BSP right of Faith
Faith if Bldg >
retention of
Land
Note: if Land >
necessary and
BSP = 1. BSP
Bldg = Lease useful expenses Material
Good principally
Faith owner
liable
3. LO Entitled =
to rent if he
2. LO
Good
chose not to secondarily
Faith
appropriate liable

1. LO
appropriate Material 1. No
without Owner indemnificat
LO = indemnity = ion
Good Bad 2. Consequential
Faith damages
Faith 2. LO absolute 1. Reimbursement
right of of Necessary
BSP = removal expenses
Bad ACCESSION CONTINUA (Natural)
Faith 3. LO can pay
BSP (value
ALLUVIUM AVULSION
of land +
damages) Sudden or abrupt
The deposit of soil
process may be
1. BSP
here is gradual.
LO = seen.
indemnification
Bad
plus damages Soil cannot be Identifiable or
Faith
identified. verifiable.
2. BSP right to
BSP =
absolute Belongs to owner
Good Belongs to the owner
removal plus from whose
Faith of the property to
damages property it was
which it has attached.
detached.
Nota bene: The riparian owner automatically owns the
Alluvion BUT it does not automatically become
In the absence of evidence that the change is
registered property in his name.
sudden or it occurred through alluvium, the
presumption is that the change is gradual and
was caused by alluvium and erosion Nota bene: BAR Q

Riparian Owner – owner of such estate; Failure to register the acquired alluvial deposit
by accretion for a period of 50 years, subject
A person who owns the land bounding upon said accretion to acquisition through prescription
a river, lake or other water course. by 3rd person.

Alluvium - Soil is gradually deposited on banks

adjoining the river. There can be no acquisition A. Bank of a Lake
of soil deposited on the shores of the sea.
Accretion on the bank of a lake belong to
 Alluvium strictly speaking, applies only the owner of the estate to which they have
to the soil deposited on river banks. been added
o Thus, making a soil deposit B. Sea Bank
made on the banks of lakes is not
called alluvium. Accretion on a sea bank still belongs to the
public domain and not available for private
Nota bene: (Accretion vs Alluvium) ownership until the state declared that it is
Accretion is the process whereby the soil is no longer needed for public use.
deposited, while Alluvium is the soil deposited  Article 457 cannot be applied.
on the estate fronting river.
C. Estate adjoining ponds or lagoon (in case
Requisites: (GCCCC) of extra ordinary flood)

1) Deposit of soil or sediment is gradual The owners of estates adjoin ponds or

and imperceptible; lagoon does not lose the land that inundated
2) Cause is the current of the river; by them in extraordinary flood.
3) Current must be that of a river;
 Art 458 does not apply when the estate
 If Lake, Spanish law of waters
adjoins, lake, river, creek or other
will apply
streams
 If Sea, the deposit belongs to the
State
4) The river must continue to exist Avulsion - A portion of land is segregated from
 If the river disappears Art 461 will apply one estate by the forceful current of a river,
5) The increase must be comparatively creek or torrent and transferred to another.
little.

Effect Requisites:

1) Segregation and transfer of land is

sudden and abrupt;
 2) Caused by the current of the water; and  The owner of the property affected is
3) The portion of land transported must be entitled to the old, abandoned river bed
known and identifiable; OR which is used to be the course of water.
4) Can also apply to sudden transfer by  Abandoned river bed is given to the
other forces of nature such as land owners of the lands onto which the river
transferred from a mountain slope changed its course instead of the
because of an earthquake. riparian owner (Celestial vs. Cachopero)
 The adjoining owner of old river bed
may be entitled to reimbursement of the
Effect said river bed to the new owner.
The ownership of the detached property is
retained by the owner subject to removal within Formation of Islands
2 years from the detachment.
A. They belong to the State if:
Nota Bene: 1. Formed on the seas within the
jurisdiction of the Philippines.
 In avulsion to retain ownership. He must 2. Formed on lakes, or
remove the property. 3. Formed on navigable or floatable rivers:
 He must claim for its value within two a) Capable of affording a channel or
years, otherwise, he will be deemed to passage for ships and vessels;
have renounced his right thereto. b) Must be sufficient not only to
Uprooted Tree float bancas and light boats, but
also bigger watercraft;
If the trees are uprooted and were carried c) Deep enough to allow
away by the current of waters to other estate, unobstructed movements of ships
such trees are still owned by the person and vessels.
owning it and not the land owner where it TEST: can be used as a highway
was dragged. of commerce, trade and travel.
 can be claimed within six months
B. They belong to the owners of the nearest
 owner claiming it shall pay the expenses
margins or banks if:
incurred in gathering them or putting
1. Formed through successive
them safe
accumulation of alluvial deposits
When to compensate land owner: 2. On non-navigable and non-floatable
rivers
1. When he incurred expenses for 3. If island is in the middle: divided
preserving the trees. longitudinally in half.
2. When he suffered an injury and the
claimant of trees benefited from it.

Change of Course of Water

There is a natural change of course of

water to other property