Rules on Accession
Instructions
Instructions
Instructions:
Before we will take up Accession, and to assess that you are reading the law before
coming to class, you are required to do the following:
1. Make a table of the Rules on Accession for both Immovable and Movable Things.
2. The chart must be in form of a video or at least a presentation in powerpoint
where the rules are presented.
3. We will select any of you to present it to class when we discuss it.
4. The presentation may be submitted in neolms or if not possible, in your folder in
my google drive.
RIGHT OF ACCESSION
Accession – is the right of the property owner to everything which is:
A. Produce thereby (accession discreta)
B. Or which is incorporated or attached thereto, either naturally or artificially,
which is in turn divided into:
a) Natural accession
b) Artificial accession
Classification of accession discreta are:
a) The natural fruits;
b) The industrial fruits;
c) The civil fruits.
Classification of accession continua (attachment or incorporation):
With a reference to real property:
A. Accession industrial
1. Building
2. Planting
3. Sowing
B. Accession Natural
1. Alluvium
2. avulsion
3. Change of river course
4. Formation of islands
With a reference to personal property:
A. Adjunction or Conjunction
1. Inclusion (engrafment)
2. Soldadura (attachment)
3. Tejido (weaving)
4. Pintura (painting)
5. Escritura (writing)
B. Mixture (confusion 0 liquids; commixtion- solids)
C. specification
Instances when the owner of the land does not own the fruits but somebody
else:
1. Possessor of good faith in the land
2. Usufructuary
3. Lessee gets the frutuits of the land
4. In the contract of antichresis, the antichresis creditor gets the fruits, although
of course, said fruits shall be applied first, to the interest, if any is owing,
and then to the principal amount of the loan.
Rule: Article 544
Real property Personal property
a. Natural fruits c. Civil fruits (can be
b. Industrial fruits pro-rated)
(cannot be pro-rated
ordinarily)
A. Rules When Landowner Builds, Sows, Plants on His Land With the Materials of
Another
Landowner - Builder/ Sower/Planter Owner of Materials
A. Good Faith Good Faith
-He becomes the owner of the -He is entitled to full payment for value
material provided there is full of materials (reimbursement) provided
payment he does not remove them
-He is entitled to remove them provided
no substantial injury is caused
B. Bad Faith Good Faith
-He becomes the owner of the -He is entitled to full payment for value
material provided there is full of materials (reimbursement) plus
payment plus damages damages
-He is entitled to the ABSOLUTE right of
removal and damages (whether or not
substantial injury is caused)
C. Good Faith Bad Faith
-He can acquire the materials and is -He loses all rights to the materials (right
exempted reimbursement of removal), regardless of whether or not
substantial injury is caused
-He is entitled to consequential
damages due to defective or inferior -He is liable for damages due to defects
quality of materials or inferior quality of materials
D. Bad Faith Bad Faith
Consider them both in good faith.
B. Rules When Builder/Planter/Sower Builds, Plants, Sows on Land of Another
Landowner Builder/Planter/Sower
A. Good Faith Good Faith
-He is entitled to an option:
Option 1: To appropriate whatever has -To receive indemnity for the necessary,
been built, planted, or sown upon useful and luxurious expenses and the right
payment of the proper indemnity of retention over the land without
(includes necessary, useful and obligation to pay until full payment of
luxurious expenses indemnity
Option 2: To oblige the Builder/Planter -To purchase the land when the value of
to purchase the land, or the Sower pay the land is not considerably more than the
proper rent, unless the value of the value of the building or trees
land is considerably more than the
value of the building or trees -To remove useful improvements provided
it does not cause any injury
Note:
If he cannot pay the price of the land, the
landowner can require him to remove
whatever has been built, planted, or sown.
If the value of the land is considerably
more than the value of the building or
trees, he cannot be compelled to purchase
the land. In such case, he will pay proper
rent, if Landowner does not choose the 1st
option. If he cannot pay the rent, the
landowner can eject him from the land.
B. Good Faith Bad Faith
He is entitled to an option: -He loses whatever has been built, planted
or sown without indemnity and liable to
Option 1: To acquire whatever has pay for damages
been built, planted, or sown without
payment of the indemnity EXCEPT -He is entitled to reimbursement for the
necessary expenses for the necessary expenses for preservation of the
preservation of the land, useful land but no right of retention.
expenses, and luxurious expenses
(should he want to appropriate the -He is entitled to reimbursement for useful
luxurious improvements) plus expenses but cannot remove useful
damages improvements even if removal will not
cause injury.
-He is not entitled to reimbursement for
luxurious expenses EXCEPT when the
landowner wants to acquire luxurious
improvements (value of which will be the
one at the time LO enters into possession)
-He is entitled to remove luxurious
improvements provided it will not cause
injury and the landowner doesn't want to
acquire them.
Option 2: To oblige the Builder/Planter -He is obliged to purchase the land or pay
to purchase the land, or the Sower pay proper rent and pay for damages.
proper rent plus damages (whether or
not the value of the land is
considerably more than the value of
the building or trees)
Option3:To compel Builder/ Planter/ -He is obliged to remove or demolish work
Sower to remove or demolish the work done at his expense and pay for damages
done plus damages
C. Bad Faith Good Faith
-To acquire whatever has been built, -If landowner acquires whatever has been
planted, or sown with payment of the built, planted, or sown, he is to receive
indemnity plus damages indemnity for the value thereof plus
damages
-If the landowner does not acquire
whatever has been built, planted, or sown,
he cannot insist on purchasing land
-He cannot remove whatever has been
built, planted, or sown, whether or not it
will cause injury, but he is entitled to
damages
D. Bad Faith Bad Faith
Consider them both in good faith.
C. Rule When the Landowner, Builder/Planter/Sower and the Owner of the
Materials are Three Different Persons
Landowner Builder/Planter/Sower Owner of the Materials
A. Good Faith Good Faith Good Faith
Option1: To appropriate -To receive indemnity -To receive indemnity for
whatever has been built, from the landowner for the value of materials
planted, or sown upon the necessary, useful and principally from the
payment of the proper luxurious expenses and Builder/Planter/Sower,and
indemnity the right of retention over if Builder/Planter/Sower is
the land without insolvent,subsidiarily from
obligation to pay until full the landowner with no
payment of indemnity right of retention.
Option 2: To oblige the -To purchase the land or -To receive indemnity for
Builder/Planter to pay the proper rent value of the materials
purchase the land, or the from Builder/ Planter/
Sower pay proper rent, Sower only. Landowner is
unless the value of the not subsidiarily liable.
land is considerably more
than the value of the -Has the right of retention
building or trees until full payment.
-To remove the materials
if there is no injury on
building or trees and will
have material rent lien
against Builder/ Planter/
Sower for payment of
value of the materials.
B. Good Faith Good Faith Bad Faith
Same as A. Same as A. -Whatever is the choice of
the landowner, he loses
the materials in favor of
Builder/ Planter/ Sower
-He has no right to receive
indemnity for value of the
materials from the
landowner nor the
Builder/Planter/Sower.
C. Good Faith Bad Faith Bad Faith
Option 1: To acquire -He loses whatever has -Since both the
whatever has been built, been built, planted or Builder/Planter/Sower and
planted, or sown without sown without indemnity the Owner of the
payment of the indemnity and liable to pay Materials are in bad faith,
EXCEPT necessary for damages treat them both as in good
expenses for the faith.
preservation of the land, -He is entitled to
useful expenses, and reimbursement for the -Whatever is the choice of
luxurious expenses necessary expenses for
the landowner, he has the
(should he want to preservation of the land right to receive indemnity
appropriate the luxurious but no right of retention.
for value of the materials
improvements) plus from Builder/ Planter/
damages -He cannot remove useful Sower only.
improvements even if
removal will not cause Note: Landowner has no
injury. subsidiary liability or value
of the materials because
-He is not entitled to Owner of Materials is
reimbursement for considered in good faith in
luxurious expenses so far as
EXCEPT when the Builder/Planter/Sower is
landowner wants to concerned.
acquire luxurious
improvements (value of
which will be the one at
the time LO enters into
possession)
Option 2: To oblige the -He is obliged to purchase -If landowner choose
Builder/Planter to the land or pay proper Option 1, he has no right
purchase the land, or the rent and pay for damages. to remove materials even
Sower pay proper rent if there will be no injury.
plus damages (whether or
not the value of the land is
considerably more than
the value of the building
or trees)
Option3: To compel He is obliged to remove or -He is liable for damages
Builder/ Planter/ Sower to demolish work done at his due to defects or inferior
remove or demolish the expense and pay for quality of materials
work done plus damages damages
D. Bad Faith Good Faith Good Faith
-To acquire whatever has -If landowner acquires -He is to receive indemnity
been built, planted, or whatever has been built, for the value of materials
sown with payment of the planted, or sown, he is to principally from the
indemnity plus damages receive indemnity for the Builder/Planter/Sower,
value thereof plus and if he is insolvent,
damages subsidiarily from the
landowner.
-If the landowner does not
acquire whatever has
been built, planted, or
sown, he cannot insist on
purchasing land
-He cannot remove
whatever has been built,
planted, or sown, whether
or not it will cause injury,
but he is entitled to
damages
E. Bad Faith Good Faith Bad Faith
Same as D. Same as D. No right to receive
indemnity for value of the
materials from landowner
or Builder/Planter/Sower
(who ends up owning the
building or trees)
MOVABLES:
A. Rules if 2 movable things which belong to different owners
Owner of Principal Thing Owner of Accessory Thing
A. Good Faith Good Faith
-He acquires the accessory thing with -To receive indemnity for the value of
payment of indemnification the accessory thing
-He may separate them if no injury will -If value of accessory is greater than
be caused principal, he may demand separation
even if damages will be caused to the
principal (expenses to be borne by one
who caused the conjunction)
B. Good Faith Bad Faith
-To receive indemnification for the -He loses all rights to the accessory thing
damages he may have suffered -He is obliged to indemnify the owner of
the principal thing for damages
C. Bad Faith Good Faith
-To pay for indemnity for the value of -To receive payment of the value of the
accessory plus damages thing plus damages
-To remove or separate the accessory
thing despite destruction of principal
thing plus damages
D. Bad Faith Bad Faith
Both considered in good faith.
Rule Applicable Only if Consent of Owner (Principal or Accessory) had not been
Obtained
Owner has the right to Indemnity:
a) Delivery of the thing equal in kind and value
b) Payment of the price as appraised by experts
B. Rule if one employs the materials of another in whole or in part on order to
make a thing of a different kind; transformation -Specification
Person who made the transformation Owner of Materials
A. Good Faith Good Faith
-To appropriate the thing transformed as -To receive indemnity for the thing
his own with indemnity to owner of transformed
material for its value
-If material is more precious than
-If material is more precious than transformed thing, he may appropriate
transformed thing, he can receive the new thing to himself after paying
payment of indemnity for the value of indemnity paid to labor or demand
work indemnity for the materials
B. Bad Faith Good Faith
-To pay for indemnity for value of -To appropriate the work to himself
materials plus damages without paying maker for the labor
-To demand indemnity for value of
materials plus damages
Note: If transformed thing is more
valuable than material, owner of
material cannot appropriate
C. Rule if 2 things of the same or different kinds are mixed and are not separable
without injury - Commixtion / Confusion
Owner 1 Owner 2
A. Good Faith Good Faith
Co-ownership: Each owner shall acquire a right proportional to the part belonging to
him (vis-a-vis the value of the things mixed or confused)
B. Good Faith Bad Faith
-He lose the thing belonging to him plus
pay indemnity for damages caused to
owner of other thing mixed with his
thing
C. Bad Faith Bad faith
Both considered in good faith.
