THINGS TO MEMORIZE FOR PROPERTY

PROVISIONS 1. Obligations and actions which have for their

object movables or demandable sums; and
Art. 415. The following are immovable property: 2. Shares of stock of agricultural, commercial and
1. Land, buildings, roads and constructions of all industrial entities, although they may have real
kinds adhered to the soil; estate.
2. Trees, plants, and growing fruits, while they are
attached to the land or form an integral part of Art. 429. The owner or lawful possessor of a thing has
an immovable; the right to exclude any person from the enjoyment and
3. Everything attached to an immovable in a fixed disposal thereof. For this purpose, he may use such
manner, in such a way that it cannot be force as may be reasonably necessary to repel or
separated therefrom without breaking the prevent an actual or threatened unlawful physical
material or deterioration of the object; invasion or usurpation of his property.
4. Statues, reliefs, paintings or other objects for
use or ornamentation, placed in buildings or on Art. 438. Hidden treasure belongs to the owner of the
lands by the owner of the immovable in such a land, building, or other property on which it is found.
manner that it reveals the intention to attach Nevertheless, when the discovery is made on
them permanently to the tenements; the property of another, or of the State or any of its
5. Machinery, receptacles, instruments or subdivisions, and by chance, one-half thereof shall be
implements intended by the owner of the allowed to the finder. If the finder is a trespasser, he
tenement for an industry or works which may shall not be entitled to any share of the treasure.
be carried on in a building or on a piece of land, If the things found be of interest to science or
and which tend directly to meet the needs of the arts, the State may acquire them at their just price,
the said industry or works; which shall be divided in conformity with the rule
6. Animal houses, pigeon-houses, beehives, fish stated.
ponds or breeding places of similar nature, in
case their owner has placed them or preserves Art. 439. By treasure is understood, for legal purposes,
them with the intention to have them any hidden and unknown deposit of money, jewelry, or
permanently attached to the land, and forming other precious objects, the lawful ownership of which
a permanent part of it; the animals in these does not appear.
places are included;
7. Fertilizer actually used on a piece of land; Art. 484. There is co-ownership whenever the
8. Mines, quarries, and slag dumps, while the ownership of an undivided thing or right belongs to
matter thereof forms part of the bed, and different persons.
waters either running or stagnant; In default of contracts, or of special provisions,
9. Docks and structures which, though floating, co-ownership shall be governed by the provisions of this
are intended by their nature and object to Title.
remain at a fixed place on a river, lake, or coast;
10. Contracts for public works, and servitudes and Art. 523. Possession is the holding of a thing or the
other real rights over immovable property. enjoyment of a right.
(334a)
Art. 526. He is deemed a possessor in good faith who is
Art. 416. The following things are deemed to be not aware that there exists in his title or mode of
personal property: acquisition any flaw which invalidates it.
1. Those movables susceptible of appropriation He is deemed a possessor in bad faith who
which are not included in the preceding article; possesses in any case contrary to the foregoing.
2. Real property which by any special provision of Mistake upon a doubtful or difficult question of
law is considered as personalty; law may be the basis of good faith.
3. Forces of nature which are brought under
control by science; and Art. 562. Usufruct gives a right to enjoy the property of
4. In general, all things which can be transported another with the obligation of preserving its form and
from place to place without impairment of the sub- stance, unless the title constituting it or the law
real property to which they are fixed. otherwise provides.

Art. 417. The following are also considered as personal Art. 613. An easement or servitude is an encumbrance
property: imposed upon an immovable for the benefit of another
immovable belonging to a different owner.
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 THINGS TO MEMORIZE FOR PROPERTY

The immovable in favor of which the easement

is established is called the dominant estate, that which 4 Requisites for compulsory easements/right of way
is subject thereto, the servient estate. 1. The property is surrounded by estate of others
and there is no adequate outlet to a public
Art. 725. Donation is an act of liberality whereby a highway
person disposes gratuitously of a thing or right in favor 2. It must be established at the point least
of another, who accepts it. prejudicial to the servient estate and insofar as
consistent with this rule, where the distance
Art. 748. The donation of a movable may be made orally from the dominant estate to a public highway
or in writing. may be the shortest
An oral donation requires the simultaneous 3. There must be payment of the proper
delivery of the thing or of the document representing indemnity
the right donated. 4. The isolation should not be due to the
If the value of the personal property donated proprietor’s own acts
exceeds five thousand pesos, the donation and
acceptance shall be made in writing. Otherwise, the Requisites for the renunciation of the share in
donation shall be void. easement/party wall
1. Must be complete
Art. 749. In order that the donation of an immovable 2. Must be made voluntarily and with full
may be valid, it must be made in a public document, knowledge of the facts
specifying therein the property donated and the value 3. Must be made before the expenses are
of the charges which the donee must satisfy. incurred
The acceptance may be made in the same deed 4. Made with the implied condition that the other
of donation or in a separate public document, but it shall owner should make or pay for the repairs
not take effect unless it is done during the lifetime of the 5. Must be of both the share in the wall and share
donor. in the land, for the wall cannot be used without
If the acceptance is made in a separate the land
instrument, the donor shall be notified thereof in an
authentic form, and this step shall be noted in both 7 types of legal easements relating to water
instruments. 1. Natural drainage of lands
2. Natural drainage of buildings
AFTER MIDTERMS 3. Easement on riparian banks for navigation,
12 Lasallian Virtues floatage, fishing and salvage
1. Gravity 4. Easement of a dam
2. Silence 5. Easement for drawing water or for watering
3. Humility animals
4. Prudence 6. Easement of aqueduct
5. Wisdom 7. Easement for the construction of a stop luck or
6. Patience sluice
7. Reserve
8. Gentleness 7 modes of acquiring ownership (OLDTIPS)
9. Zeal 1. Occupation
10. Vigilance 2. Law
11. Piety 3. Donation
12. Generosity 4. Tradition
5. Intellectual Creation
8 kinds of legal easements 6. Prescription
1. easements relating to waters 7. Succession
2. right of way
3. light and view Essential Characteristic of True Donations (Inter Vivos)
4. party wall 1. Consent, subject matter, cause (as in other
5. drainage of a building contracts)
6. intermediate distances 2. The necessary from (including delivery in some
7. easement against nuisance cases)
8. lateral and subjacent support 3. Consent or acceptance by done during donor’s
lifetime
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 THINGS TO MEMORIZE FOR PROPERTY

4. Irrevocability (except for legal cause) Acceptance by done Acceptance by done

5. Intent to benefit the donee (animus donandi) – must be during lifetime mortis causa can only be
“liberality” being emphasized more than of donor done after the
“gratuitousness” donor’sdeath; any prior
6. Resultant decrease in the assets or patrimony acceptance is immaterial
of the donor or void

Kinds of Nuisances 3 grounds for reduction of donation

1. Nuisance per se – all the time 1. B-A-R: birth, adoption and reappearance
2. Nuisance per accidens – situational, nuisance 2. Inofficious Donation
because of location and circumstances 3. Insufficient property is left for support

How easements are acquired: 4 grounds for revocation of donation

1. Continuous and Apparent – Title and 1. B-A-R: birth, adoption and reappearance
Prescription (10 years) 2. Inofficiousness
2. Discontinuous and Apparent – Title 3. Ingratitude
3. Continuous and Non-apparent – Title 4. Non-fulfillment of condition (condition in the
4. Discontinuous and Non-apparent – Title ordinary sense)

Prescription for Easements of Light and View Checklist for Donations

1. Positive (through a party wall) – 10 years from 1. Cause
opening of window a. Gratuitous
2. Negative (through another’s wall – or by b. Onerous
prohibiting another person from constructing a 2. Inter vivos or Mortis Causa – essential
wall in order for light and view to pass through) characteristic: Disponendi (capacity of done to
– from positive act of prohibition/ Notarial dispose)
Prohibition + 10 years 3. Perfection – upon knowledge of donor of the
acceptance of the done
Difference of inter vivos and mortis causa (pero the first 4. Capacity
3 lang ata yung important) a. to give (donor)
INTER VIVOS MORTIS CAUSA b. to receive (donee)
Takes effect during the Takes effect after the 5. Forms
lifetime of the donor death of the donor a. Personal Property – Art 748
Must follow the Must follow the b. Real Property – Art 749
formalities of donations formalities of wills or 6. Reduction or Revocation
codicils (holographic or
notarial)
Cannot be revoked Can be revoked at any
except for grounds time and for any reason
provided for by law while the donor is still
alive
In case of impairment of In case the legitime is
the legitimate, impaired, donations
donations inter vivos are mortis causa (since they
preferred to donations partake of the nature of,
mortis cause (priority in or are really, legacies or
time is priority in right) advises) are reduced
ahead of donation inter
vivos
The right of disposition is The right of disposition is
completely transferred not transferred to the
to the done (although donee while the donor is
certain reservations as still alive
to usufruct, for ex, may
be man made

©️ AJ
“AUDERE EST FACERE”
 THINGS TO MEMORIZE FOR PROPERTY

BEFORE MIDTERMS
When prescription starts for Accion Interdictal
7 rights of ownership 1. Unlawful detainer – from demand to vacate
1. jus possidendi – right to possess 2. Forcible Entry
2. jus utendi – right to use a. Stealth ,Strategy – knowledge or
3. jus fruendi – right to the fruits discovery
4. jus abutendi – right to consume b. Force, Intimidation, Threat – moment
5. jus disponendi – right to dispose it ceases
6. jus vindicandi – right to recover
7. jus accesionis – right to accessories Preference of Possession:
1. Present Possessor
7 remedies for recovery 2. (if both present) Longer Possession
1. writ of replevin 3. (if started at the same time) Possession w title
2. accion interdictal 4. Court
3. accion publiciana
4. accion reinvindicatoria 4 kinds of Constructive Possession
5. writ of preliminary mandatory injunction 1. Traditio Brevi Manu – possessor to owner
6. writ of possession 2. Traditio Longa Manu – delivery by long hand/
7. writ of demolition pointing
3. Constitutum Possesorium – owner to mere
Accession discreta possessor
1. natural fruits 4. Traditio Symbolica – delivery of symbols (keys)
2. industrial fruits
3. civil fruits Difference between Alluvium and Avulsion
Alluvium Avulsion
Accession industrial The deposit of the soil is Sudden or abrupt
1. building gradual and process may be seen
2. planting imperceptible
3. sowing Soil cannot be identified Soil is identifiable or
verifiable
Accession natural Belongs to owner of Belongs to owner from
1. alluvium property to which it is whose property is was
2. avulsion attached detached
3. change of course of rivers
4. formation of islands Degrees of Possession
1. mere holding or having, without any right
Accession continua (for personal prop) whatsoever (Grammatical Possession)
1. adjunction or conjunction 2. possession with a juridical title, but not that of
2. mixture (confusion or commixture) an owner
3. specification 3. possession with a just title, but not from the
true owner
5 types of adjunction 4. possession with a title of dominium, that is,
1. inclusion – engraftment with a just title from the owner
2. soldadura – attachment
3. tejido – weaving Requisites for LO to be subsidiary liable
4. pintura – painting 1. Owner of Materials must be in GF
5. escritura – writing 2. Builder/ Planter/ Sower must be insolvent
3. Landowner must exercise Option 1 – buy bldg
5 requisites of Alluvium
1. Deposit should be gradual and imperceptible Requisites for valid repudiation in order that
2. Cause must be the current of the river prescription may run against co-owners
3. Current must be that of the river 1. the co-owner must clearly and equivocally
4. River must continue to exist repudiate or stat the he is renouncing his share
5. Increase must be comparatively little and not or his being a co-owner (clear and unequivocal
seen as would increase the area of the riparian revocation)
owner
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“AUDERE EST FACERE”
 THINGS TO MEMORIZE FOR PROPERTY

2. there must be notice to the other co-owners Ruinous buildings prescription

(evidence must be made known to the co- 15 YEARS – ensure no collapse
owners) 10 YEARS – prescription to bring action to court (after
3. the evidence must be clear and conclusive collapse)
4. all other requirements for acquisitive
prescription must be complied with, for Who must consent (in co-ownership)
example the lapse of time 1. Act of Preservation – 0
2. Act of Administration – Financial Majority
Requisites of Possession 3. Act of Alteration – all (unanimous consent)
1. there must be a holding or control of a thing or
right
2. there must be a deliberate intention to possess
3. the possession must be by virtue of one’s own
right

Classes of Possession
1. in one’s own name or in that of another
2. in the concept of owner and in the concept of
holder
3. in good faith or bad faith

Acquisition of Possession
1. by material occupation
2. by subjection to our will
3. by constructive possession or proper acts and
legal formalities

Constructive possession
1. consitutum possessorium
2. traditio brevi manu
3. traditio longa manu
4. traditio symbolica

4 Kinds of Immobilization
1. By Nature
2. By Incorporation
3. By Destination
4. By Analogy

4 Kinds of Ownership
1. Full Ownership
2. Naked Ownership
3. Sole Ownership
4. Co-ownership

Warranties of Engineer/ Architect

1. Plans and Specifications
2. Ensure that there are no defects

Warranties of Contractor
1. Not to use inferior quality materials
2. Not to violate the contract

©️ AJ
“AUDERE EST FACERE”