CIVIL LAW: PROPERTY – REVIEWER
PROPERTY vs. THING
All Properties are Things; not all Things are Properties
Property
- physical or real, juridical, and legal entity capable of becoming the subject
matter or object of a juridical relation
- object to the validity of a contract
- susceptible to appropriation
Requisites (USA):
- has Utility
- possesses Substance (has separate autonomous existence)
- subject to Appropriation
Thing
- object that exists
- capable of satisfying human needs
MOVABLE vs. IMMOVABLE [Article 414, New Civil Code]
- Enumeration;
o Immovable – Art. 415, New Civil Code
o Movable – Art. 416, New Civil Code + Art. 417, New Civil Code
Movable (PERSONAL PROPERTY)
- transferable from one place to another
Immovable (REAL PROPERTY)
- fixed or permanent
- integral to an immovable property
- not transferrable; transfer results to destruction/deterioration
- ornamental, intended to be permanently attached [Article 415 (4)]
- those intended to be permanently fixed/attached
Juridical Classification of Real Properties (NIDA)
- Nature – by itself cannot be moved
- Incorporation – separation results do destruction
- Destination – placed
o Machinery/Equipment – calls for necessity
o Ornament – factors in owner’s intention
- Analogy – real rights
FUNGIBLE vs. CONSUMABLE [Article 418, New Civil Code]
Consumable – upon use:
- there is reduction/decrease in quantity
- there is physical destruction
- there is deterioration
CIVIL LAW: PROPERTY – REVIEWER
Fungible
- replaceable by another property with the same kind of equal quantity
o equality by nature or by agreement
PROPERTY OF PUBLIC DOMINION vs. PATRIMONIAL PROPERTY
Private Property – owned by private persons, juridical or natural
Public Properties
- Public Dominion
o owned by the government
o outside the commerce of man
o inalienable
- Patrimonial Properties
o owned by the state in its private capacity
o proprietary
o alienable
PROPERTY FOR PUBLIC USE vs. PROPERTY FOR PUBLIC SERVICE
- Property for Public Use – used by indiscriminately everyone
- Property for Public Service – only used by authorized persons
RES NULLIUS vs. RES COMMUNES vs. RES DERELICTA vs. RES ALICUJUS
(N) R. Nullius – unowned; susceptible to appropriation
(C) R. Communes – owned by everyone
(D) R. Derelicta – abandoned; intended to be no longer owned
(A) R. Alicujus – tangible/intangible; owned privately, collectively/individually
BUILDER/POSSESSOR IN GOOD FAITH
B. in Good Faith
- a person built in a property he thought he owned
o or with the consent of the landowner
NECESSARY EXPENSES vs. USEFUL EXPENSES vs. ORNAMENTAL/LUXURY
EXPENSES
Necessary
- without it, the thing will physically deteriorate or perish
Useful
- increase the productivity or raise the value
Ornamental/Luxury
- add to the value of the thing
o neither essential nor useful
ORDINARY vs. EXTRAORDINARY EXPENSES
Ordinary – shouldered by the person enjoying the possession of the property
Extraordinary – responsibility of the owner
CIVIL LAW: PROPERTY – REVIEWER
REAL RIGHT vs. PERSONAL RIGHT
Personal Right
- belonging to one person
- attached to the owner
Action in PERSONAM
- attached to the person
Real Right
- autonomous power to derive directly from an appropriate thing certain
economic advantages
- respected regardless of the owner
Action in REM
- attached to the property, whomever the owner may be
Classification of Real Rights:
1. Of Full Control
OWNERSHIP vs. POSSESSION
Possession – right of an owner
Ownership – exercised over things or rights; all-encompassing
Kinds of Ownership
- Full – all rights
- Naked – right to use; no fruits
- Sole – vested only in one
- Co-ownership – vested to 2 or more
(6) RIGHTS OF AN OWNER
1. Jus Possidendi – to possess
2. Jus Fruendi – to the fruits
3. Jus Utendi – to use
4. Jus Abutendi – to abuse
5. Jus Disponendi – to dispose
6. Jus Vindicandi – to recover
LEASE vs. USUFRUCT
Lease Usufruct
Nature Onerous Gratuitous or Onerous
Possess
Use
Under stipulation
Enjoy rd
3 person (right to dispose
—original owner)
CIVIL LAW: PROPERTY – REVIEWER
DOCTRINE OF SELF-HELP vs. DOCTRINE OF INCOMPLETE PRIVILEGE
Doctrine of Self-Help [Article 429, New Civil Code]
- use of reasonable force necessary to repel/prevent actual or threatened
unlawful act, i.e., physical invasion/usurpation of property
Doctrine of Incomplete Privilege [Article 432, New Civil Code]
- necessary interference to prevent more significant damage to adjoining
properties
o factor in the absence of absolute right
o a justifying circumstance in Criminal Law
LIMITATIONS TO OWNERSHIP
(3) Inherent Powers of the State
Police Power
- destruction/taking of private property for the general welfare of society
- without just compensation
Eminent Domain
- taking of private property for public use
- with just compensation
Taxation
- imposition of taxes
Limitations Imposed by 3rd Persons [Article 431, New Civil Code]
- impairment of others’ rights
HIDDEN TREASURE [Article 438, New Civil Code]
- hidden and unknown money, jewelry, and other precious objects discovered
by chance
o the lawful owner is unknown
- shared with a spouse under Absolute Community Property [Article 117,
Family Code]
- G.R. Owner of the property; discovers = owns hidden treasure //
o the State, in the interest of Science or the Arts
with just price
o Finder’s entitlement
½ of the Hidden Treasure
Not an Agent or Trespasser
ACCESSION
- not a mode of acquiring ownership
o an extension of ownership over a thing to whatever is incorporated into
it
natural or artificial
CIVIL LAW: PROPERTY – REVIEWER
- Attached, Produced, and Incorporated
Accessories – ornaments; add beauty and may be removed without causing
injury
Kinds of Accession
AS TO REAL PROPERTY
1. Accession Discreta [Article 441, New Civil Code]
- Right to the Fruits
- the Owner //
o Possessor in good faith
o Usufructuary
o Antichresis Creditor
o Lessee
2. Accession Continua
- by External Forces
Accession Industrial
- by human intervention = API
o by the Builder, Planter, Sower
Category Personalities
Landowner = B/P/S B/P/S Landowner
Different from the owner of the material Owner of the material
Landowner Landowner
Different from the Owner of the material,
who is the B/P/S B/P/S Owner of the material
Landowner Landowner
Different from the Owner of the material Owner of the Material
Different from the B/P/S B/P/S
Accession Natural (AAUA/R)
- without human intervention = API
o Alluvium
unidentifiable
gradual accumulation of small particles to a greater mass
belongs to the owner of the property it is attached to
delayed accession
ownership takes effect after two years without a claim
from the owner of the detached area
o Avulsion
identifiable
sudden/abrupt process
belongs to the owner of the property it detached from
CIVIL LAW: PROPERTY – REVIEWER
may claim within (2) two years
o Uprooted Trees
the owner of the uprooted tree can be found
delayed accession
(2) two months for the owners to claim
o Abandoned Riverbeds
does not apply to canals
change of river flow
the owner of the area where the river now flows may
claim the abandoned riverbed
AS TO PERSONAL PROPERTY
Conjunction/Adjunction
- two personal properties put together
- removal of one results in destruction // if possible
o may be separated by the owners
o the owner of the principal may demand separation
- separate identities are retained
- determining the principal and accessory
o by the higher value // if unidentifiable
Rule of Importance //
Both in Bad Faith
O. Principle in Bad Faith
o O.P. is liable for damages
o O.A. may demand separation even if there is
destruction
O. Accessory in Bad Faith
o O.A. is liable for damages
o O.P. takes the accessory property
No Bad Faith
o Qualify the properties
Rule of Greater Value
Rule of Greater Volume
Rule of Greater Merit/Sentimental Value
Mixture
- union of property
o Commixtion – the mixture of two solids
o Confusion – the mixture of two liquids
separate identities are lost
- results to Co-Ownership
- impossibility of separation
- no Principal or Accessory
CIVIL LAW: PROPERTY – REVIEWER
- //
o by accident in Good Faith = Co-Ownership
o by accident in Bad Faith
liability for damages
loss of right over property
Specification
- the transformation of an object by the application of labor
o becoming a thing of a different kind
o HUMAN LABOR is the principal
- the identity of the personal property is transferred to another by human
intervention
- RULES:
o EMPLOYER OF LABOR IN GOOD FAITH
G.N. Maker acquires the new thing and compensates the owner of
the materials. [(1) Art. 474]
If the value of the material is greater than the value of labor, the
Owner Of The Material may:
to acquire the property & indemnify for labor
demand indemnity for the material
o EMPLOYER OF LABOR IN BAD FAITH
The owner of the material may:
acquire the result without indemnity (due to the
impossibility of separation)
acquire indemnity for the material with damages
o OWNER OF MATERIAL IN BAD FAIT
the material is lost, and damages must be paid
QUIETING OF TITLE
CO-OWNERSHIP
POSSESSION4
2. Of Enjoyment
3. Of Guaranty
4. Of Acquisition
