Roiniñolym Diola

Monday – Property

Law on Property PROPERTY

Property defined: is any physical or incorporeal entity capable of becoming the object of a juridical
relation. Property refers to all things which are  (already in the possession of man) or may be 
(susceptible of appropriation) the objects of appropriation are considered as property either as
immovable or movable. Property is not the same as. Things or causas refers refers to objects which
are appropriable or not. Property is always appropriable.  Appropriation defined: equivalent to
occupation; willful apprehension of a corporeal object which has no owner with the intent to acquire
ownership.
Requisites of property:
1. Utility  – capable of satisfying human needs (e.g. food, shelter, and clothing).
2. Individuality/substantivity  –  quality of having existence apart from any other thing or property
(e.g. parts of the human body may, within the limits prescribed by law, become property only when
separated from the body of the person to whom they belong).
3.  Appropriability – susceptibility of being possessed by men. Hence, diffused forces of nature in
their totality cannot be considered as property (e.g. air, lightning).  An object cannot be considered as
property because of PHYSICAL IMPOSSIBILITY (e.g. res communes) or LEGAL IMPOSSIBILITY
(e.g. human body). Res communes  –  these are common things which are not capable of
appropriation in their entirety (e.g. air, lightning) although they may be appropriated under certain
conditions in a limited way (e.g. oxygen, electricity). In case of the latter, they become property. Res
nullius  – that which has no owner because it has not yet been appropriated (e.g. hidden treasure, wild
animals, fish in the ocean), or because it has been lost or abandoned by the owner. It constitutes
property as long as it is susceptible of being possessed for the use of man. Res alicujus  –  objects
already owned or possessed by men.
THE HUMAN BODY During lifetime: RULE: it is NOT a property. Hence, cannot be appropriated.
EXCEPTION: within the limits prescribed by law. R.A.7719 promotes voluntary blood donation;
service contracts (e.g. modeling).  After death:
RULE: still, NOT a property by reason of public policy. Personality of a man demands respect even
after death. EXCEPTION: within the limits prescribed by law. R.A 349 legalizes permission of use
human organs or 1 From SLU reviewer and Balane Notes. any portion of the human body for medical,
surgical, or scientific purposes under certain conditions; R.A 7170 authorizes the legacy or donation
of human organs after death or for transplant as well as the advancement of research, medical and
dental education and therapy.
CLASSIFICATION OF PROPERTY
 According to Nature [Art. 414] 1. Immovable or real property; or 2. Movable or personal property.
According to Character of Owne cter of Ownership 1. Public dominion 2. Private property  According
to essential form 1. Incorporeal 2. Corporeal  According to designation 1. Specific 2. Generic
According to susceptibility to substitution 1. Fungible 2. Non-fungible  According to aptitude for
repeated use 1. Consumable 2. Non-consumable  According to its susceptibility to division 1.
Divisible 2. Indivisible  According to its existence in time 1. Present- res existens 2. Future- res future
Future- res future  According to its dependence 1. Principal 2. accessory  
ACCORDING TO NATURE
Real by nature a. Land, buildings, roads and constructions of all kinds adhered to the soil. In the case
of Lopez vs. Orosa, a theater was constructed by using lumber. The lumber supplier was not paid. The
lumber supplier was contending his material man‘s lien extends to the land. The SC said that the
material man‘s lien attaches only to the building since a building is an immovable property by itself.
MOVABLE PROPERTY
(1) General Rule: all things which can be transported from place to place without impairment of the
real property to which they are fixed.
(2) Exclusions: those movables susceptible of appropriation which are not included in the
enumeration of immovables.
(3) Special: real property which by any special provisions of law is considered as personalty.
(4) In parts:  forces of nature which are brought under control by science.
(5) Obligations (credits) and actions (replevin) which have for their object movables (corporeal or
intangible) or demandable sums. These are really personal rights because they have a definite passive
subject (e.g. intellectual property).
(6) Shares of stocks or interests in juridical entities.

Classification of Rights:
1. Real rights [jus in re]: interest belonging to a person over a specific thing without a definite passive
subject against whom such right may be personally enforced (e.g. ownership). Elements: a.
Ownership of an object by a subject. b. General obligation of respect, there being no particular passive
subject. c. Effective actions against anyone who may want to disturb it.
2. Personal rights [jus in personam/ad rem]:  the power of a person (creditor) to demand from another
(debtor) as a definite passive subject, the fulfillment of the latter‘s obligation; the right of obligation.
Elements: a. Subjects consisting of active (creditor-obligee) and passive (debtor-obligor). b. There is a
particular passive subject who is bound to observe the obligation. c. Effective actions against the
passive subject.
Note that a person can have REAL RIGHT over an IMMOVABLE and MOVABLE PROPERTY . It
is wrong to think that real rights are applicable only to immovable properties. This can be explained
by the diagram below.
REAL RIGHTS
1. Ownership Immovable 
2. Possession Movable  1. Real estate
3. Usufruct 1. Chattel Mortgage [REM 4. Conventional Mortgage 2. pledge 2. Easements on 2 & legal
redemption immovable only 5. Hereditary right 3. Antichrisis
4. Lease for more than 1 year. Thus, a person who has ownership over an immovable or movable
property has a real right [enforceable against the whole world] over the property subject of real estate
or chattel mortgage.
RIGHT OF OWNERSHIP Definition:  The independent right of a person to the exclusive enjoyment
and control of a thing including its disposition and recovery subject only to the restrictions established
by law and the rights of others. In Roman Law,  ownership was an absolute right. Ownership is
evolving in light of social justice, police power in order to promote the welfare of the people and
environmental concerns. Now, we have concepts such as stewardship. Now, one must comply with
safety and environmental regulations. Now, building permits are required. Objects: Ownership may be
exercised over THINGS or RIGHTS.
Characteristics of Ownership 1.
General:  ―the owner has the right to enjoy and dispose of a thing, without other limitations than
those established by law. The owner has also a right of action against the holder and possessor of the
thing in order to recover it.‖ [Art. 428] The owner may use the thing in all its possibility subject to
restrictions. For example, an owner is not limited in using a bag merely as a place where goods are
kept. The owner may use the bag as a hat.
2. Independent - Ownership can exist even without any other right.
3.  Abstract - The right of ownership exists distinctly from its constituent or component parts (i.e. ius
accessions , ius abutendi , etc).
4. Elastic - The component rights can be reduced or given to others (i.e. usufruct – the right to enjoy
the fruits).
5. Exclusive - There can only be 1 ownership at one time. In co-ownership, there is only 1 ownership,
but this is shared ownership.
6. Generally Perpetual - Ownership is generally not limited as to time unless there is stipulation to the
contrary. Ownership is inherently unlimited, but it is not necessarily so. Ownership can be restricted.
These restrictions on ownership may be imposed by the State or by juridical transactions (i.e.
contract). In several cases, the SC has upheld the validity of deed restrictions with regard to how
buildings are to be constructed.  
Attributes of ownership:
1. Right to enjoy – includes right to use and enjoy (jus utendi), right to the fruits (jus fruendi), right to
accessories (jus accessiones) and right to consume by use (jus abutendi), within the limits prescribed
by law; includes the right to exclude any person from the enjoyment and disposal thereof. Jus
accessiones:  The ownership of property gives the right by accession to everything which is produced
thereby, or which is incorporated or attached thereto, either naturally or artificially. Right to possess:
the right to hold a thing or enjoy a right; It may be exercise in one‘s own name or in the name of the
other; possession may be in the concept of an owner or a mere holder with the ownership pertaining to
another; right to possess does not always include the right to use. It suffices that a legal manifestation
to possess the property either through oneself or another.
2. Right to dispose  –  (jus disponendi) the power of the OWNER to alienate, encumber, transfer and
even destroy the thing owned, totally or partially, within 8 Law on Property
2013/elmerpaquitolalong@ www.sophialegis.weebly.com the limits prescribed by law; includes right
not to dispose.
3. Right of action – (jus vindicandi) given by the law to the person whose property has been
wrongfully taken from him against any person unlawfully detaining it even if the possession of the
latter has been legalized by conveyance, either to recover damages or the possession of the property;
the right of action can be transferred. However, the person who claims the he has a better right to the
property must prove (burden of proof) his title thereto. Accordingly, a person in peaceful possession
of property must be respected in his possession until a competent court rules for his ouster.
LIMITATIONS ON THE RIGHT OF OWNERSHIP
1. Those imposed in general by the State in the exercise of the power of taxation, police power, and
power of eminent domain.
2. Those imposed by law such as legal easements and the requirement of legitime in succession.
3. Those imposed by the grantor of the property on the grantee, either by contract or by last will.
4. Those imposed by the owner himself, such as voluntary easement, mortgage, pledge and lease. If
the prohibition is to alienate the property is perpetual, it is considered as void. The maximum period
of inalienability, when imposed by will, is 20 years, unless a fideicomissary substitution has been
established. The same principle, by analogy, can apply to any other gratuitous disposition such as
donation, unless the donor provides for reversion (Art. 757), in which case, a longer period may be
allowed. In mortgage contracts, a stipulation forbidding the owner from alienating the property
mortgaged is void (Art. 2130). Where the stipulation on inalienability is valid, the property is NOT
subject to attachment. Otherwise, the prohibition to alienate would be illusory.  
Stipulations limiting the rights of owners as embodied in a restrictive covenant.
5. Those arising from conflicts of private rights such as those which take place in accession continua
or those caused by contiguity of property.
6. Prohibition against the acquisition of private lands by aliens.
Evidence to prove ownership:
ownership may be proved by any evidence admissible in law.
a. Torrens title.
b. Title from the Spanish Government.
c. Patent duly registered in the Registry of Property by the grantee.
d. Deed of sale.
e. Long possession.
Tax declarations are not conclusive proof of ownership. However, when coupled with possession for a
period sufficient for prescription, they become strong evidence of ownership. Also, the failure of a
person to declare land for taxation may be admitted to show that he is not the owner thereof.
DISPUTABLE PRESUMPTION OF OWNERSHIP
Requisites:
1. There must be actual (physical or material) possession of the property.
2. The possession must be under claim of ownership. Hence, the true owner must resort to judicial
process for the recovery of the property.  
ACTIONS FOR POSSESSION PERSONAL PROPERTY
Recourse: Replevin, to be filed within 4 years from dispossession in case there is good faith or 8 years
from dispossession of bad faith on the part of the possessor of the property.
REAL PROPERTY
1.  Accion Interdictal  [Ejectment cases]
a. Forcible entry  –  A person deprived of the possession of any land or building by force,
intimidation, stealth, threat and strategy (FISTS).
b. Unlawful detainer  –  Any landlord, vendor, vendee or other person against whom the possession of
any land or building is unlawfully withheld after the expiration or termination of the right to hold
possession by virtue of any contract, express or implied. Period to file action: Forcible entry- Within 1
year after such unlawful deprivation or withholding of possession, or upon the discovery of FISTS.
No demand is necessary in a forcible entry case.
Unlawful detainer- it is to be filed within 1 year commencing from the time of last formal demand
(oral or written; direct or indirect) to vacate. No demand is necessary for a lessee to vacate when it is
specifically provided for in the agreement. Prayer:  for the restitution of possession, with damages and
costs. However, the only damages that can be recovered in an Ejectment suit are the fair rental value
or the reasonable compensation for the use and occupation of the real property.  Other damages must
be claimed in an ordinary action. The defendant, however, may set up a counterclaim for moral
damages and recover it if it is within the  jurisdiction of the court. Jurisdiction:  MTC (summary
procedure). Whatever the amount of plaintiff‘s damages will not affect the court‘s jurisdiction.
Issue:  Physical possession. The decision in such action is res judicata  in the question of possession.
Sub-lessees are bound by the judgment rendered against the lessee in an ejectment case even if they
were not made parties thereto. However, relative to ejectment case is the principle of tacita
reconduccion   [implied/tacit lease] - wherein the renewal of the lease is based on the mode of
payment of the lease, whether daily, monthly or yearly.
2.  Accion publiciana  [plenary action]: whenever the owner is dispossessed by any other means (e.g.
possession is due to tolerance of the owner) other than FISTS, he may maintain this action to recover
possession without waiting for the expiration of 1 year before commencing this suit. It may also be
brought after the expiration of 1 year if no action had been instituted for forcible entry or unlawful
detainer.
3.  Accion reinvindicatoria : action for recovery of dominion over the property as owner. Two
things must be proved in an accion reivindicatoria :
1. The identity of the property
2. Plaintiff‗s title to it This action should be filed in case of refusal of a party to deliver
possession of property due to an adverse claim of ownership.  A suit to recover possession of a parcel
of land as an element of ownership is a reinvindicatory action. If the land is registered then pray for
conveyance to prevent splitting causes of action. In an action for conveyance, the register of deeds
must be impleaded as a party thereto.
4. Writ of possession: A writ of possession is improper to eject another from possession except in the
following cases: a.  After the land has been registered under the Torrens system of registration. b.
Extrajudicial foreclosure of mortgage. c. Judicial foreclosure of mortgage provided that the mortgagor
has possession and no 3rd party intervened. d. Execution sales.
5. Writ of injunction: injunction is not a proper remedy for the recovery of possession. But where the
plaintiff is admittedly the owner of the property, and is in possession thereof, he is entitled to the
equitable remedy of injunction to prevent or restrain acts of trespass and illegal interference by others
with the possession of the property.
RIGHT TO ENCLOSE OR FENCE: Every owner may enclose or fence his land or tenements by any
reasonable means subject to the right of others to existing servitudes imposed on the land or tenement.
RIGHT TO SPACE, SUBSOIL, AND SURFACE RIGHTS OF A LAND OWNER: The owner of a
parcel of land is the owner of its surface and of everything under it, and he can construct thereon any
works or make any plantations and excavations which he may deem proper, without detriment to
servitudes and subject to special laws and ordinances. He cannot complain of the reasonable
requirement of aerial navigation.
ECONOMIC UTILITY: The right of the landowner extends to the space and subsoil as far as
necessary for his practical interests, or to the point where it is possible to assert his dominion; beyond
these limits, he would have no legal interest. The right of the owner of a parcel of land to construct
any works or make any plantations and excavations on his land is subject to: a. Existing servitudes or
easements. b. Special laws. c. Local ordinances. d. The reasonable requirements of aerial navigation.
e. Rights of third persons.
REGALIAN DOCTRINE: 
All minerals and other natural resources found either in public or private lands are owned by
the State.
OBLIGATION TO RESPECT THE RIGHTS OF OTHERS: The owner of a thing cannot
make use thereof in such a manner as to injure the rights of a 3rd person.  This is based on the
police power of the State.  It does not apply where the owner of a thing makes use of it in a lawful
manner for then it cannot be said that the manner of the use is such ―as to injure the rights of a third
person‖. PRINCIPLE OF SELF – HELP Who may avail?  The owner or lawful possessor  of a thing.
Right involved: 
RIGHT TO EXCLUDE any person from the ENJOYMENT and DISPOSAL thereof.
Self-help: For this purpose, he may use such force as may be reasonably necessary to repel or prevent
an actual or threatened
UNLAWFUL physical invasion or usurpation of his property. Requisites of self-help:
1. Owner must be lawful possessor.
2. Owner must use only reasonable force.
3. There must be actual or imminent threatened physical invasion or usurpation of the
property and life of the owner.
4. Can only be exercised at the time of an actual or threatened dispossession or immediately
after the dispossession has taken place.
The actual invasion of property may consist of a mere disturbance of possession or of real
dispossession. In the first case, the force may be used as long as the disturbance continues. In the
second case, the force to regain possession can be used only immediately after the dispossession.
Once the usurper‘s possession has become firm by lapse of time, the lawful possessor must resort to
the competent authority to recover his property.  The principle of self defense in the RPC covers
not only defense of a man‘s person but also extends to his rights including the right of property. Self-
help doctrine is MODIFIED by the principle of state of necessity, and the condemnation of property
through the exercise of State powers (eminent domain and police power). State of necessity prevails
over the principle of self-help.
STATE OF NECESSITY - The owner of a thing has no right to prohibit the interference of
another  with the same, if the interference is necessary to avert an imminent hanger, and the
threatened damage, compared to the damage arising to the owner from the interference, is much
greater. Right of the owner: Demand from the person benefited indemnity for the damage to him.
Exception: Tolentino  –  If the owner of the property causing the danger would have been responsible
for damages if the danger had not been averted (e.g. to prevent inundation, demolition of a dam
constructed without authority.
The owner of the dam need not be indemnified.
Requisites:
1. The interference is necessary.
2. The damage to another is much greater than the damage to the property. The seriousness or gravity
of the danger must be much greater than the damage to the property affected or destroyed by the
protective act.  Danger to life is always greater than damage to property.  If through an error, one
believed himself to be in a state of necessity, or used excessive means, his act would be illicit, and the
owner of the property can use the principle of self-help. The law does not require that the person
acting in a state of necessity be free from negligence in the creation of the threatened danger.
EXERCISE OF STATE POWERS EMINENT DOMAIN: No person shall be deprived of his property
except by competent authority and fro public use and always upon payment of just compensation.
Should this requirement be not complied with, the courts shall protect and, in proper cases, restore the
owner in his possession.
POLICE POWER: When any property is condemned or seized by competent authority in the interest
of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can
show that such condemnation or seizure is unjustified. Requisites: 1. The interest of the public in
general, as distinguished from those of a particular class, requires such interference. 2. The means
employed are reasonably necessary for the accomplishment of a purpose, and not unduly oppressive
upon individuals.
RIGHTS TO HIDDEN TREASURE Concept: Treasure consists of money, jewels, or other precious
objects which are hidden and unknown, such that their finding is a real discovery. Rules: a. The
treasure belongs to the owner of the land if he is the finder. b. The finder is entitled to 1/2 if he is not
the owner of the land, provided the discovery is by chance. c. If the finder is a trespasser, he shall not
be entitled to any share of the treasure. d. 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 equally among the land owner and
the finder.  “By chance” means by good luck; there must be no purpose or intent to look for treasure.
If it does, the finder, who is not the land owner, becomes a trespasser. The Code Commission do not
preclude a finder who hunts for hidden treasure; But the one who looks for hidden treasure on the
property of another should have the latter‘s permission, since a trespasser is not entitled to any share
in the hidden treasure he may find. If the land owner gave his permission to the treasure hunter, the
latter is entitled to 1/2 because this is still a case of ―by chance‖. The rule is different if the finder is
unaware of the hidden treasure and he was commissioned by the land owner to look for treasure. If the
finder was so ordered by the owner, his only right is to be paid his salary, unless a contrary intention
appears in the agreement. If the finder is a lessee or usufructuary, the latter gets 1/2; if found by
another person other than the lessee or usufructuary, 1/2 goes to him and 1/2 goes to the owner of the
property on which it was found. With respect to the term ―other precious objects‖ it would refer only
to movables which are similar to money or jewelry (ejusdem generis rule); they include things of
interest to science or the arts. The deposit must be ―hidden and unknown‖, since if the treasure is
purposely hidden, the owner may recover it from the finder unless he has abandoned the property or
considered it lost without hope of ever finding it. Where the things discovered do not qualify as
hidden treasure, the rules on occupation would apply.
RIGHT OF ACCESSION Definition: The right of the owner of a thing, real or personal, to become
the owner of everything which is produced thereby, or which is incorporated or attached thereto,
either naturally or artificially.  
Accession is not a mode of ownership. It is a mere concomitant right of ownership. It is a mere
incident or consequence of ownership.  
ACCESSION ACCESSORY The fruits of, or additions to, or improvements upon, a thing (the
principal) in its three forms of building, planting and sowing. Things joined to, or included with the
principal thing for the latter‘s embellishment, better use, or completion. Not necessary to the principal
thing. The accessory and the principal must go together. Both can exist only in relation to the
principal. Since the law itself gives the right, accession may, in a sense, be considered as a mode of
acquiring property under the law.
KINDS OF ACCESSION
1.  Accession discreta  –  extension of the right of ownership to the products of a thing. Based on the
principle of justice for it is only just that the owner of a thing should also own whatever it produces.
Divisions: Natural fruits, industrial fruits, and civil fruits.
2.  Accession continua – the acquisition of ownership over a thing incorporated to that which belongs
to the owner. Based on convenience, necessity and utility, for it is more practical that the owner of the
principal should also own the accessory instead of a co-ownership. a. With respect to real property, it
may either be. i.  Accession industrial (building, planting, sowing). ii.  Accession natural (alluvium,
avulsion/by force of river, change of river course, and formation of islands). b. With respect to
personal property, it may be: i. Conjunction or adjunction. ii. Commition or confusion. iii.
SPECIFICATION BASIC PRINCIPLES ON ACCESSION:
a. The owner of a property owns the extension or increase thereto.
b.  Accesoria sequitor principalia  Accessory follows the principal.
c. The incorporation of the accessory with the principal is effected only when two things are so united
that they cannot be separated without injuring or destroying the juridical nature of one of them.  
ACCESSION DISCRETA RIGHT OF OWNER TO THE FRUITS
Fruits: include all the products of things, the benefits from rights, and the advantage derived from the
use of a thing. Divisions: Natural fruits, industrial fruits, and civil fruits. General rule: All fruits
belong to the OWNER of a thing. The fruits may either be in the form of damages suffered by the
owner of a land. Exceptions: a. Possessor in good faith. b. Usufructuary. c. Lessee. d. Pledgee. e.
Creditor in Antichresis.
KINDS OF FRUITS
Natural fruits:
a. The spontaneous products of the soil.
b. The young and other products of the soil. Under the rule partus sequitur ventrem, to the owner of
female animals would also belong the young of such animals although this right is lost when the
owner mixes his cattle with those of another. The young of animals becomes an accession if they are
already apparent in the womb or upon birth. Industrial fruits – The products of lands of any kind
which are produced through cultivation or labor. Standing trees are not fruits since they are
considered immovables although they produce fruits themselves. However, they may be considered as
industrial fruits when they are cultivated or exploited to carry on an industry.
Civil fruits- all passive incomes derived from property, such as
a. Rents of buildings.
b. Prices of leases (rents) of lands and other property (including movables).
c.  Amount of perpetual or life annuities or other similar income. Payment of Expenses: He who
receives the fruits has the obligation to pay the expenses made by a third person in their production,
gathering and preservation.
Expenses covered:
a. Dedicated to the annual production, and not for the improvement of the property.
b. Not unnecessary, excessive, of for pure luxury.
c. Required by the condition of the work or the cultivation made. This rule may apply where the
owner of the property recovers the same from a possessor who has not yet received the fruits although
they may have already gathered or harvested. The rule is in keeping with the principle on unjust
enrichment.
EFFECT OF BAD FAITH ON THE FRUITS:
a. If the fruits have not yet been gathered at the time the owner recovers possession from a possessor
in bad faith, he does not have to pay for production expenses since a possessor in bad faith loses that
which has been planted or sown, without right to any indemnity whatsoever, except for necessary
expenses of preservation. The land owner acquires the fruits by accession.
b. If the fruits are already severed or gathered, and are ordered turned over to the owner of the land by
the possessor in bad faith, the latter is entitled to be reimbursed and may deduct his expenses of
cultivation, gathering and preservation. Even where such expenses exceed the value of the fruits, the
owner must pay the expenses just the same because the law makes no distinction. Moreover, he who
is entitled to the benefits and advantages must assume the risks and losses, the owner, however, may
free himself of the expenses by permitting the possessor to complete the harvesting and gathering of
the fruits for him.
POSSESSION LEGALLY INTERRUPTED
1. Service of summons
2.  Acknowledgment of the better right of the plaintiff
3. Fortuitous event from the moment the possession is interrupted, the possessor is not
considered in bad faith. Right of Concession- this right is exercise only by the land owner. It
contemplates that the expenses of landowner is set-off against his share in the fruits. If the possessor
refuses such arrangement then the possessor shall not be entitled to the payment of expenses but the
landowner is entitled to the fruits.
WHEN NATURAL AND INDUSTRIAL FRUITS DEEMED TO EXIST:
Only such as are manifest or born are considered as natural or industrial fruits. With respect to
animals, it is sufficient that they are in the womb of the mother, although unborn. Civil fruits are
easily prorated for they are deemed to accrue daily and belong to the possessor in good faith in that
proportion.  
ACCESSION CONTINUA [INDUSTRIAL] IMMOVABLE PROPERTY BUILDING, PLANTING,
SOWING
 General Rule: Whatever is built, planted or sown on the land of another and the
improvements or repairs made thereon belong to the owner of the land. The owner of the land must be
known, otherwise no decision can be rendered on the ownership of the thing planted, built or sown
until a hearing shall have been accorded to whosoever is entitled thereto.
Presumption:  All works, sowing, and planting are presumed made by the owner and at his
expense, unless the contrary is proved.
a. The works were made by the owner  –  based on positive law; a land naturally has an owner
and the law accordingly presumes that he made the works, sowing or planting.
b. They were made at the owner‘s expense –  as a general rule. It cannot be said that one who
builds, plants or sows on another‘s land will do so at his expense but for the benefit of the owner;
hence, it must be presumed that what is built, planted or sown is done at the expense of the owner
although the one who did so was a third person.  
ARTICLE 447 - Landowner is the builder/planter/sower and is using the materials of another
Landowner/builder/so wer/planter Owner of the materials Good faith
1. Landowner can acquire the materials provided he pays for the value thereof.
2.  To demand the owner of materials to remove the same if it will not cause damage thereto. If choice
no. 2 is not possible then the landowner have to choose no. 1
Note:  landowner will be the first one to exercise the option. Good faith Has the: 1.  right to
receive the payments for value of the materials; OR 2.  limited right of removal if there would be no
injury to work constructed, or without plantings or constructions being destroyed. Bad faith Can
acquire the materials provided he pays the value thereof plus damages. Good faith Has the: 1. right to
receive payment for value of materials plus damages; OR 2.  Absolute right of removal of the work
constructed in any event [whether or not substantial injury is caused] plus damages. Good faith Can
acquire materials without paying for the value thereof and entitled to consequential damages due to
the defects of the materials. Bad Faith Loses the materials completely without receiving any
indemnity. Bad faith Bad faith Treat as if both are in good faith. Landowner/builder/ planter/ sower is
in good faith if he believes that the land belongs to him and he is ignorant of any defect or flaw in his
title and he does not know that he has no right to use such materials. But when good faith is coupled
with negligence, he is liable for damages. Landowner/ builder/sower/planter is in bad faith if he
makes use of the land or materials which he knows belong to another. The owner of the materials is in
good faith  if he did not know that another was using his materials, or granting that he did know, if he
informed the user of the ownership and made the necessary prohibition. The owner of the materials is
in bad faith if he allows another to use the materials without informing him of the ownership thereof.
Indemnification for damages shall comprehend not only the value of the loss suffered but also that of
the profits which the obligee failed to realize. Problem:  may the landowner- builder/planter/sower
choose to return the materials instead of reimbursing their value even without the consent of the
owner of the materials? It depends: 1. If no damage has been made to the materials, or they have not
been transformed as a result of the construction, they may be returned at the land owner‘s expense. 2.
If damage has been or there has been transformation, they cannot be retuned anymore.
Problem: suppose the landowner- builder/sower/planter has already demolished or removed the
plantings, constructions or works; is the owner of the materials still entitled to claim them? There are
different opinions on this matter but the best rules seems to be that the owner of materials is still
entitled to get them since the law makes no distinction. Moreover, the landowner may insist on
returning them for evidently there is no accession.  
 ARTICLE 448- builder/planter/sower builds, plants, or sows on another’s land using his own
materials. Land owner Builder/planter/sower is the owner of the materials Good faith- has the option
to:
1.  To appropriate or acquire whatever has been built, planted or sown after paying indemnity
which includes necessary expenses and useful expenses; OR
2. To obligate the builder/planter to pay the price of the land and the sower to pay the proper
rent. However, the landowner cannot obligate the builder/planter to buy if the value of land is more
than the building or planting. The LO has the primacy of choice. These options are preclusive in the
sense that the LO have to choose only one and his choice must be communicated to the BPSOM.  
Value of indemnity: fair market value of the improvements and not construction cost. It is only the
improvements that are to be paid and does not include the land since the land owner owns the land. If
the landowner cannot pay the value of the improvements, can he be evicted therefrom?  Although
under the law there was a contract to sell. Payment of the price is a positive suspensive condition.
This implies that the possession of the BPS-OM of the property is merely tolerated by the LO. Thus,
ejectment proceeding is sufficient to oust the BPSOM if he does not pay the value of the land. Good
faith- entitled to received indemnity for necessary, useful, and luxurious  expenses [if the landowner
appropriates the luxurious improvements] and has the right of retention  over the land without having
to pay for the rent until the land owner pays the indemnity. Can remove useful improvements
provided it does not cause any injury. If the landowner does not appropriate the luxurious
improvements, he can remove the same provided there is no injury to the principal thing. To purchase
the land at fair market value when the value is not considerably more than the value of the value of
the building or trees. If the value of the land is considerably more than the value of the building or
trees, he cannot be compelled to buy the land; in such case, he shall pay reasonable rent if the land
owner does not choose option 1. The rental shall be agreed by the parties and if they cannot agree then
the court shall fix the same. If he cannot pay the purchase price of the land, the landowner can require
him to remove what has been built or planted. If he cannot pay the rent, the landowner can eject him
from the land. The landowner cannot be evicted since he owns the land. The value of the property
becomes an ordinary debt of the landowner to the BPS-OM.
Bad faith
1. To acquire whatever has been built, planted or sown by paying the indemnity plus
damages.
2. No right to sell the land. Good faith
1. If landowner acquires whatever has been built, planted or sown, he must be
indemnified of the value plus damages.
2.  If the landowner does not acquire, he can remove whatever has been built or
planted whether or not it will cause any injury and is entitled to damages. If landowner does
not acquire, he cannot insist on purchasing the land.
Good faith-  has the option to:
1.  To acquire whatever has been built, planted or sown without paying for indemnity except
necessary expenses for the preservation of the land only and luxurious expenses if he decides
to acquire the luxurious ornaments plus damages.
2.  To compel the builder/planter to pay the price of the land and the sower to pay the proper
rent plus damages [regardless of the value of the land]
 3.  To demand the demolition or removal of the work at the expense of the builder/planter/
sower.
Bad faith
1. Loses what has been built, planted or sown. Entitled to reimbursement for necessary
expenses for the preservation of the land but has no right of retention.
2.  Not entitled to reimbursement of useful expenses and cannot remove useful improvements
even if the removal will not cause any injury. Not entitled to reimbursement for luxurious
expenses except when the landowner acquires the luxurious improvements, the value of
which is the one at the time the landowner enter possession [the depreciated value].
3.  Can remove luxurious improvements if it will not cause injury and landowner does not
want to acquire them. Must pay the price of the land or the rent plus damages. Must remove
luxurious improvements if it will not cause injury and landowner does not want to acquire
them. Bad faith Bad faith Treat as if both are in good faith.
In applying Article 448 the landowner if in good faith should be given the first option because
he is the owner of the land especially if he is dealing with a person in bad faith. His right is
older and by the principle of accession, he is entitled to the ownership of the accessory thing.
The landowner is in good faith: 1) If he is ignorant of the builder/planter/sower‘s act. 2) Even
if he did know, he expressed his objection 3) If he believed that the builder/planter/ sower has
a right to construct, plant or sow. Otherwise, he shall be in good faith. The
builder/planter/sower is in good faith if he thought that the land was his.
CASES WHERE ARTICLE 448 DOES NOT APPLY:
1. Lease with improvements-  there is a separate provision in the case of lease.
2. the owner of the land is the builder and losses the land through auction of donation-  Article
448 contemplates two parties, the builder must not be the owner of the land and the owner of
the land.
3. Co-owner of an aliquot- the owner and the builder are the same person.
4. usufruct-  usufructuary cannot remove useful improvements or expenses for mere pleasure
unless there is no damage to the property.
5. The owner constructs a building in his own land and sold the land to another - the owner of
the land is in bad faith and the buyer also of the land knows the bad faith.
6. Things that are not built in it permanent nature.
7. Belligerent occupation-  no application of 448 especially if the owner of the land is the
government. Exception: if the government and not the belligerent occupant that allows the
builder to improve the land, the government is estopped if it contest the occupation of the
land.
GOOD FAITH MAY CO-EXIST WITH NEGLIGENCE:  A party guilty of negligence, irrespective
of his good faith, shall be liable for the damage done in accordance with the rule on culpa
aquiliana  or quasi – delict.
BUILDER/PLANTER/SOWER BUILDS, PLANTS, OR SOWS ON ANOTHER’S LAND WITH
MATERIALS OWNED BY THIRD PERSON. Land owner Builder/Planter /Sower Owner of the
materials Good faithhas the option
1.  to acquire whatever has been built, planted or sown provided he pays the indemnity [which
includes the value of what has been built, planted or sown plus value of materials]; OR
2.  to oblige the builder/planter  /owner to buy the land unless the value thereof is considerably more
than the value of the building or trees
Good faith
1.  To receive indemnity from the landowner and has a right of retention over the land until
the land owner pays;
2.  To buy the land.
Bad faith
1.  To receive indemnity from the builder/planter/so wer who is [principally/prima rily liable.
If the builder/ sower/ planter is insolvent, then demand indemnity from landowner who is subsidiarily
liable. But has no right of retention against the builder/planter/ sower and more so with the land
owner.
2.  To receive indemnity from the builder/planter/so wer only. The landowner has no
subsidiary liability. But has right of retention; OR
3.  To remove materials if there will be no injury on the building or trees AND Has material
rent lien against the builder/planter/so wer for the payment of the value of the materials. Cannot claim
from LO if LO sold the land to BPS.
Good faith has the option
1. To acquire Good faithTo receive Bad faithwhatever the choice of the whatever has been
built, planted, or sown provided he pays the indemnity [which includes the value of what has been
built, planted or sown plus value of the materials.]
2.  To oblige the builder/ planter/ sower to buy the land unless the value thereof is
considerably more than the value of the building or tress. indemnity from the land owner and has a
right of retention over the land until the land owner pays.
To buy the land. landowner:
1. he losses the materials in favor of the builder/sower/pla nter;  AND
2.  He has no right to receive indemnity from the BPS.
Good faithhas the option
1. To acquire whatever has been built, planted or sown without paying indemnity except
necessary expenses, if he should acquire luxurious improvements.
2.  To oblige the builder/planter to pay the price of the land and the sower to pay the proper
rent.
3. To demolish or remove what has been built or planted.
Bad Faith - Losses what has been built, planted or sown but he is entitled to be indemnified
for necessary expenses should the land owner acquire luxurious ornaments. Has no right of removal
even if it will not cause any injury. To pay the price of the land. Cannot do anything about it so he
must remove. Bad faith- [Since both builder/planter/so wer and the owner of the materials are in bad
faith, treat them as if both in good faith.] Whatever is the choice of the land owner, he has the right to
receive indemnity for the value of the materials from the builder/planter/so wer only. The owner of
the materials has no subsidiary liability whatsoever. I
f the landowner chooses option 1, he has no right to remove materials even if there will be no
injury. If the landowner choses option 2, he has the right of removal provided it does not cause any
injury to the property to which it is attached. Has liability for damages to whoever ends up owning the
building for the inferior quality of materials.
Bad faith- to acquire what has been built, planted or sown by paying the indemnity plus
damages to builder/planter  /sower.
Good faith -To receive indemnity from landowner plus damages. Cannot insist on purchasing
the land.
Good faith- to receive indemnity for value of materials from builder/planter/so wer
principally or from land owner in case the builder/planter/so wer is insolvent [subsidiary liability].
Bad faith- to acquire what has been built, planted or sown by paying the indemnity plus damages to
builder/planter  /sower.
Good faithTo receive indemnity from landowner plus damages. Cannot insist on purchasing
the land.
Bad faith- no right to receive indemnity for value of materials neither from builder/planter/so
wer nor from landowner who end up owning the building or trees. If the option is with the land owner
(i.e., to buy the improvement or sell the land), the land owner cannot refuse to exercise that option.
The court may compel the land owner to exercise such option. If the land owner opts to buy the
improvements from the builder/planter/sower, the land owner must pay the value of the
builder/planter/sower. Builder/planter/sower has the right of retention until the land owner pays. If the
land owner chooses to buy the improvement, the builder/planter/sower can sue to require the land
owner to pay him. The obligation has now been converted to a monetary obligation.
ACCESSION CONTINUA [NATURAL] IMMOVABLE PROPERTY   
ALLUVION
Definition: It is the increment which lands abutting rivers gradually receive as a result of the current
of the waters, or the gradual and imperceptible addition to the banks of the rivers.
Requisites:
1. The deposit or accumulation of soil or sediment must be gradual and imperceptible.
2. The accretion results from the effects or action of the current of the waters of the river (or the sea).
3. The land where accretion takes place must be adjacent to the bank of a river (or the sea coast).
4. Deposits made by human intervention are excluded.  
Alluvion Accretion The deposit of soil or to the soil itself. The act or the process by which a riparian
land generally and imperceptively receives addition made by the water to which the land is
contiguous. Brought about by accretion. The addition or increase received by the land. Rule: to the
owners of the lands adjoining the banks of rivers belong the accretions which they gradually receive
from the effects of the current of the waters.  Accretion  operates ipso jure , such that ownership is
automatically acquired. However, the additional area is not covered by a Torrens title since it is not
described in the title. The riparian owner must register the additional area. The alluvion also can be
subject to prescription if not titled. However, registration under the Torrens system does not protect
the riparian owner against diminution of the area of his land through gradual changes in the course of
the adjoining stream.
Rationale of alluvion:
1. To compensate him for the danger of the loss that he suffers because of the location of his land (for
the estates bordering on rivers are exposed to floods and other damage produced by the destructive
force of waters).
2. To compensate him for the encumbrances and various kinds of easements to which his property is
subject.
3. To promote the interests of agriculture for the riparian owner is in the best position to utilize the
accretion. A riparian owner cannot acquire the addition to his land caused by special/artificial works
expressly intended by him to bring about accretion. Hence, a riparian owner cannot register accretions
to his land constructed for reclamation purposes. If the riparian land is subject to easement established
by the government, the riparian owner has the right to the accretion. The easement does not deprive
the owner of his ownership.
RULE ON ESTATES ADJOINING PONDS OR LAGOONS The owners of estates adjoining ponds
or lagoons do not acquire the land left dry by the natural decrease of the waters, or loss that inundated
by them in extraordinary floods [Article 448].  Article 48 does not talk of accession. When a body of
water dries up, the owner of the adjoining estate does not own the dried up land. There is no alluvion
since the soil was not deposited in the adjoining estate. Similarly, if the land of the adjoining owner
should be flooded, such land does not become part of the public dominion if the flood will subside.
ACCESSION CONTINUA [NATURAL] IMMOVABLE PROPERTY   
AVULSION/BY FORCE OF RIVER
Definition: avulsion is the removal of a considerable quantity of soil from 1 estate and its annexation
to another by the perceptible action of water. The accumulation of soil is sudden and abrupt. The soil
can be identified. The soil belongs to the owner of the property from where the soil was taken.
However the owner has 2 years to get the soil. If he does not get the soil within 2 years, the owner of
the property where the soil currently is shall own the soil.  According to JBL Reyes, avulsion is a
delayed accession since the owner of the estate where washed-out soil landed will own the same only
after 2 years if the owner does not remove it.
Note: the 2 year period is the beginning of acquisitive prescription. Such that if third person occupies
the land the 10 year period or 30 year period of acquisitive prescription will commence after the lapse
of two years and the riparian owner did not register the lot.
Requisites:
1. The segregation and transfer must be caused by the current of a river, creek, or torrent (or by other
forces, e.g. earthquake).
2. The segregation and transfer must be sudden or abrupt.
3. The portion of land transported must be known or identifiable.  Alluvion Avulsion The deposit of
soil is gradual. The deposit it is sudden and abrupt. The deposit of the soil belongs to the owner of the
property where the same was deposited. The owner of the property from which a part was detached
retains the ownership thereof. The soil cannot be identified. The detached portion can be identified.
ACCESSION CONTINUA [NATURAL] IMMOVABLE PROPERTY  TREES UPROOTED/BY
FORCE OF RIVER  Rule: In the case of uprooted trees there is no accession. The owner of the land
from which the trees came from should claim the tree within 6 months. All that Article 460 requires is
claim and not removing. Although Article 460 is silent, the owner of the tree should remove the trees
within a reasonable time. If he does not claim within 6 months, the land owner where the tree is shall
be come the owner. Scope: This rule refers to uprooted trees only. If a known portion of land with
trees standing thereon is carried away by the current to another land, the rule on avulsion governs.
Period to claim: The period for making a claim is 6 months; it is a condition precedent and not a
period of prescription (De Leon).  After a claim is made within six months, an action may be brought
within the period provided by law for prescription of movables. Payment of expenses for preservation:
The original owner claiming the trees is liable to pay the expenses incurred by the owner of the land
upon which they have been cast in gathering or putting them in a safe place.  
ACCESSION CONTINUA [NATURAL] IMMOVABLE PROPERTY   
ABANDONED RIVER BED/CHANGE IN THE COURSE OF RIVER 
Rule: River beds which are abandoned through the NATURAL change in the course of waters ipso
facto belong to the owners whose lands are occupied by the new course in proportion to the area lost.
The new river bed is de facto imminent domain. The abandoned old river bed must be registered by
the owner of the property where the new river bed traverses.
Requisites: 1. The change in the river course must be sudden;
2. The change must be permanent;
3. The change must be natural;
4. The river must be abandoned by the government;
5. The river must continue to exist.  
According to commentators, requisite no. 4 has been repealed by Article 461. However, the Water
Code provides that the government can only return the river to the old bed if the government sees fit.
This is possible especially if there are already existing hydro-electric plants and irrigation projects.
Has Article 461 been superseded by Article 58 of the Water Code?  Article 58 of the Water Code 
provides that the government has the option to let the change of river course remain as is or to bring it
back. It also provides that the owners of affected lands [those who lost land] may undertake to return
the river to the old bed provided they get a permit from the government.  Article 58 of the WC does
not contain the 2nd sentence of  Article 461 of the Civil Code- ―however, the owners of the lands
adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value
shall not exceed the value of the area occupied by the new bed‖ . Is the 2nd sentence repealed?
According to Professor Balane, no it is not since they are not inconsistent. Thus the adjacent owners
of the old bed can buy the old river bed.  River beds are part of public domain. In this case, there is
abandonment by the government of its right over the old bed. The owner of the invaded land
automatically acquires ownership of the same without the necessity of any formal act on his part.
 “In proportion to the area lost”  implies that there are two or more owners whose lands are
occupied by the new bed. Therefore, if only one owner lost a portion of his land, the entire old bed
should belong to him.  
ACCESSION CONTINUA [NATURAL]
IMMOVABLE PROPERTY 
NEW RIVER BED WITHOUT ABANDONMENT
Rule: Whenever a river, changing its course by NATURAL causes, opens a new bed through a private
estate, this bed shall become of public dominion. The bed of a public river or stream is of public
ownership. If the river changes its course and opens a new bed, this bed becomes of public dominion
even if it is on private property. The law does not make any distinction whether the river is navigable
or not.  
ACCESSION CONTINUA [NATURAL]
IMMOVABLE PROPERTY 
BRANCHING OF COURSE OF RIVER 
Rule: Whenever the current of a river divides itself into branches, leaving a piece of land or part
thereof isolated, the owner of the land retains his ownership thereto. He also retains ownership to a
portion of his land separated from the estate by the current.   The provision does not refer to the
formation of islands through accretion, but refers to the formation of an island caused by a river
dividing itself into branches resulting in: a. Isolation (without being physically transferred) of a piece
of land or part thereof; OR b. Separation (physical transfer, but not to the point of becoming avulsion)
of a portion of land from an estate by the current   The owner preserves his ownership of the
isolated or separated property.  The law does not make any distinction whether the river is
navigable or not. REMEDY: restore the original course of the river. The owner of the lad must asked
permit from the DPWH.
ACCESSION CONTINUA [NATURAL]
IMMOVABLE PROPERTY 
FORMATION OF ISLANDS
Rules:
1. If formed on the seas within the jurisdiction of the Philippines, on lakes, or on navigable or
floatable rivers:  the island belongs to the State as part of its patrimonial property. Article 59 of the
Water Code defines navigable water. Article 59- Rivers, lakes and lagoons may, upon the
recommendation of the Philippine coastguard, be declared navigable either in whole or in part.  A
navigable river is one which in its natural state affords a channel for useful commerce and not such as
is only sufficient to float a banca or a canoe.
2. If formed in non  –  navigable and non  – floatable rivers: a. It belongs to the nearest riparian
owner, or owner of the margin or bank nearest to it as he is considered on the best position to cultivate
and develop the island. b. If the island is in the middle of the river, the island is divided longitudinally
in halves. If the island formed is longer than the property of the riparian owner, the latter is deemed
ipso jure   to be the owner of that portion which corresponds to the length of that portion of his
property along the margin of the river. c. If a single island be more distant from one margin than from
the other, the owner of the nearer margin shall be the sole owner thereof.  
ACCESSION CONTINUA [INDUSTRIAL]
MOVABLE PROPERTY  
ADJUNCTION OR CONJUNCTION Definition: It is the union of 2 movable things belonging to
different owners in such a way that they form a single object, but each one of the component things
preserves its value. Example: the paint of B is used on the canvass of C.
Characteristics:
1. There are two movables belonging to different owners.
2. They are united in such a way that they form a single object.
3. They are so inseparable that their separation would impair their nature and result in substantial
injury to either component.
Kinds:
1. Inclusion or engraftment  (e.g. Diamond is set on a gold ring).
2. Soldadura or soldering/ Attachment (e.g. Lead is united or fused to an object made of lead; it is
ferruminacion if both the accessory and principal objects are of the same metal; and plumbatura if
they are of different metals).
3. Escritura or writing (e.g. when a person writes on paper belonging to another).
4. Pintura or painting (e.g. when a person paints on canvas belonging to another).
5. Tejido or weaving (e.g. when threads belonging to different owners are used in making textile).
Basic rule: if separation is possible without injury, then separate them. If this is not possible, then
there is adjunction or conjunction. Parties: the owner of the principal object and the owner of the
accessory.
4 SITUATIONS INVOLVING PARTIES IN CONJUNCTION OR ADJUNCTION.
1. Owner of the principal and accessory things are in good faith:  If the union took place
without bad faith, the owner of the principal thing acquires the accessory, with the obligation to
indemnify the owner of the accessory for its value. But the question is which of them is the principal
thing? Tests to determine the principal in adjunction: In the order of application, the principal is that:
a. Primary rule- RULE OF IMPORTANCE AND PURPOSE: To which the accessory has been united
as an ornament or for its use or perfection. Example:  the watch is the principal [to tell time] while the
bracelet is the accessory [to wear]. b. Secondary rule- VALUE: Of greater value, if they are of
unequal values. c. Tertiary rule- VOLUME or MASS: Of greater volume, if they are of an equal
value. d. Fourth rule- MERITS, UTILITY, VALUE: Of greater merits taking into consideration all the
pertinent legal provisions applicable as well as the comparative merits, utility and volume of their
respective things.  In paintings and sculpture, writings, printed matter, engraving and lithographs,
the board, metal stone, canvas, paper or parchment shall be deemed the accessory thing.
2. Owner of the principal thing is in good faith while there is bad faith on the part of owner of
accessory:
i. The owner of the accessory thing shall lose the thing incorporated, AND
ii. He shall be liable for damages to the owner of the principal thing, or the payment of the
price, including its sentimental value as appraised by experts.
iii. The principal may demand for the delivery of a thing equal in kind and value and in all
other respects to that of the principal thing, or the payment of the price, including its sentimental value
as appraised by experts.
3. Bad faith on the part of the owner of the principal & good faith on the part of the owner of
accessory thing: The owner of the accessory thing is given the option either:
i. To require the owner of the principal thing to pay the value of the accessory thing, plus
damages.
ii. To have the accessory thing separated even if it be necessary to destroy the principal thing,
plus damages.
 iii. The accessory may demand for the delivery of a thing equal in kind and value and in all
other respects to that of the accessory thing, or the payment of the price, including its sentimental
value as appraised by experts.
4. Both parties in bad faith: their respective rights are to be determined as though both acted
in good faith.
WHEN IS SEPARATION OF UNITED THINGS ALLOWED
a. In case of separation without injury, their respective owners may demand their separation.
b. In case the accessory is much more precious than the principal, the owner of the accessory may
demand its separation even though the principal may suffer injury.
c. In case the owner of principal acted in bad faith, even if separation will cause damage to the
principal thing.  
ACCESSION CONTINUA [INDUSTRIAL]
MOVABLE PROPERTY
COMMIXTION OR CONFUSION
Definition: Takes place when two or more things belonging to different owners are mixed or
combined with the respective identities of the component parts destroyed or lost.
Commixtion/confusion Adjunction There is a greater degree of interpenetration, and in certain cases,
even decomposition of the things which have been mixed. Union of two movable things in such a way
that they form a single object but each one of the component things preserves its value. Strictly
speaking, there is no accession in mixture since there is neither a principal nor an accessory.
Kinds: The mixture may be voluntary or by chance.
1. Commixtion or the mixture of solid things belonging to different owners. Example: the mixture of
rice with different varieties.
2. Confusion or the mixture of liquid things belonging to different owners. Example: mixture of
different gasoline belonging to different owners.
Rules: Sentimental value shall be duly appreciated.
1. Mixture by will of both the owners or by chance:
a. Their rights shall first be governed by their stipulations.
b. If the things mixed are of the same kind and quality, there is no conflict of rights, and the
mixture can easily be divided between the 2 owners.
c. If the things mixed are of different kind and quality, in the absence of a stipulation, each
owner acquires a right or interest in the mixture in proportion to the value of his material as in
co-ownership.
2. Mixture caused by an owner in good faith or by chance:
a. Their rights shall first be governed by their stipulations.
b. If the things mixed are of the same kind and quality, there is no conflict of rights, and the
mixture can easily be divided between the 2 owners.
c. If the things mixed are of different kind and quality, in the absence of a stipulation, each
owner acquires a right or interest in the mixture in proportion to the value of his material as in
co-ownership.
Co-ownership arises when the things mixed are of different kinds or quality. The expenses incident to
separation shall be borne by all the owners in proportion to their respective interests in the mixture.
3. Mixture caused by an owner in bad faith: The owner in bad faith not only forfeits the thing
belonging to him but also becomes liable to pay indemnity for the damages caused to the other owner.
4. Mixture by both owners in bad faith: There is bad faith when the mixture is made with the
knowledge and without the objection of the other owner. Accordingly, their respective rights shall be
determined as though both acted in good faith.  
SPECIFICATION
Definition: Takes place whenever the work of a person is done on the material of another, and such
material, as a consequence of the work itself, undergoes a transformation.
1. Worker and owner of the materials in good faith: The worker becomes the owner of the
work/transformed thing but he must indemnify the owner of the material for its value. Exception: If
the material is more precious or of more value than the work/transformed thing, the owner of the
material may choose: a. To appropriate the new thing to himself but must pay for the value of the
work or labor, OR b. To demand indemnity for the material.
2. Worker in bad faith but the owner of the material in good faith: The owner of the material has the
option either: a. To appropriate the work to himself without paying the maker, OR b. To demand the
value of the material plus damages. Limitation: The first option is not available in case the value of
the work, for artistic or scientific reasons, is considerably more than that of the material, to prevent
unjust enrichment.
3. Owner of the materials in bad faith but the worker is in good faith: The owner of the material is in
bad faith when he does not object to the employment of his materials. Accordingly, he shall lose his
materials and shall have the obligation to indemnify the worker fro the damages he may have suffered
(Art. 470 by analogy, Tolentino).
4. Both owners are in bad faith: Their rights shall be determined as though both acted in good faith.
Adjunction, Mixture, and Specification distinguished: 1. In Adjunction and Mixture, there would be at
least two things, while in the Specification, there may be only one thing whose form is changed. 2. In
Adjunction and Specification, the component parts retain or preserve their nature, while in Mixture,
the things mixed may or may not retain their respective original nature. 3. In Adjunction and
Specification, the principle that  ‗accessory follows the principal‘ applies, while in Mixture, co-
ownership results.
APPRAISAL OF SENTIMENTAL VALUE: Sentimental value shall be duly appreciated in the
payment of the proper indemnity in accessions with respect to movable property.   Sentimental
value attached to a thing is not always easy to estimate, as such it may be considered by the court.
QUIETING OF TITLE
Concept of quieting of title: An action to quiet the title to property or to remove a cloud thereon is a
remedy or form of proceeding originating in equity jurisprudence which has for its purpose an
adjudication that a claim or title to or an interest in property, adverse to that of the complainant, is
invalid, so that the complainant or his assignees may be forever afterward free from any danger of
hostile claim.  Action to quiet title:  A remedy or proceeding which has for its purpose an adjudication
that a claim of title to realty or an interest thereon, adverse to the plaintiff and those claiming under
him may forever be free of any hostile claim. What is a cloud on title? It is a semblance of title, either
legal or equitable, or a claim or a right in real property, appearing in some legal form which is, in fact,
invalid or which would be inequitable to enforce.
REQUISITES FOR EXISTENCE OF CLOUD:
1. The plaintiff in an action to quiet title must have a legal or equitable title to, or an interest in the
real property which is the subject matter of the action. A legal title may consist in full ownership or in
the naked ownership which is registered in the name of the plaintiff. If the plaintiff has the beneficial
interest in the property the legal title of which pertains to another, he is said to have an equitable title.
An interest in property is any interest short of ownership, like the interest of a mortgagee or a
usufructuary.
2. There is an instrument, record, claim, encumbrance or proceeding which is apparently valid or
effective.
3. Such instrument is in truth and in fact, invalid, ineffective, or voidable, or unenforceable, or has
been extinguished or terminated, or has been barred by extinctive prescription.
4. Such instrument may be prejudicial to said title.
5. The Plaintiff must return to the defendant all benefits he may have received from the latter, or
reimburse him for expenses that may have redounded to the plaintiff‘s benefit. The purpose of the
action to quiet title is solely to remove the cloud on the plaintiff‘s title or to prevent a cloud from
being cast upon his title and not to obtain any other benefits. Pingol v. CA: It is not necessary that the
vendee has an absolute title. An equitable title is sufficient to clothe him with personality to bring an
action to quiet title.
Characteristics of a cloud based on defect in instrument:
a. The defect in the instrument is NOT apparent on its face and, therefore, has to be proved by
extrinsic evidence. If the instrument is invalid on its face, there is no cloud to speak of for the purpose
of an action to quiet title.
b. The alleged cloud must be  prima facie substantial , and cast a suspicion on the title or interest to
which it is hostile as will injuriously affect the owner in maintaining his rights.  Apprehended or
threatened cloud: The Court has the power to prevent the casting of a cloud on title to property
provided that the cloud is not merely speculative. Relief is granted if the threatened or anticipated
cloud is one which, if it existed, would be removed by suit to quite title.
Reference;

Law on Property By Hector De Leon