POSSESSION

Definition
The holding of a thing or the enjoyment of a right, whether by material occupation
or by the fact that the thing or right is subjected to the action of our will.

Degrees of Possession
• Grammatical degree– mere holding or having, without any right whatsoever;
• Juridical degree– possession with a juridical title, but not that of an owner;
• Real possessory right – possession with a just title, but not from the true owner;
• Possession with a title of dominium– possession with a just title from the owner.

1. Right to Possession (Jus Possidendi)– this is a right or an incident of ownership.

It is merely an attribute of ownership over a thing. Example, you own a parcel of
land, you are entitled to possess it.
2. Right of Possession (Jus Possessionis)– this is an independent right of itself, that
which is not a result of ownership. Example, I rented a room from the boarding
house of A, I have the right to possess the said house as lessee thereof.

Requisites and/or Elements of Possession:

1. There must exist a thing or a right.
2. There must be holding or control of a thing or a right, which includes occupancy,
taking or apprehension. May be actual or constructive.
3. There must be a deliberate intention to possess.

The possession must be by virtue of one’s own right, as an owner or as a holder.

Definition of OPEN, CONTINUOUS and OPEN POSSESSION

Possession is OPEN when it is visible and apparent to a common observer.
CONTINUOUS possession consists of uninterrupted acts of non-permissive possession of
property by the current occupants and their predecessors. To be NOTORIOUS, possession
must be so conspicuous that it is generally talked of by the public or at least by the people
in the vicinity of the premises. Mere possession of land and making of vague assertions to
the public that a possessor is claiming the land are not sufficient to statisfy the
requirement of open, continuous and notorious possession. (PELBEL Manufacturing Corp.
vs. Republic, G.R. No. 141174, July 31, 2006)

Possession may be:

1. Direct or indirect – In one’s own name or in the name of another (Art. 524). If
indirect, may be voluntary, necessary or unauthorized.
2. In the concept of an owner, or a holder (Art. 525) If in the concept of an owner,
may be in good faith or in bad faith. In the concept of a holder means there has to
be an owner.
3. In good faith (bona fide) or in bad faith (mala fide).

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Carlos vs. Republic of the Philippines (G.R. No. 164823, August31, 2005, [468 SCRA
709)
The Court held in Republic vs. Alconaba that the applicant must show that he is in
actual possession of the property at the time of the application, thus:
The law speaks of possession and occupation. Since these words are separated by
the conjunction ["]and["], the clear intention of the law is not to make one synonymous
with the other. Possession is broader than occupation because it includes constructive
possession. When, therefore, the law adds the word occupation, it seeks to delimit the all-
encompassing effect of constructive possession. Taken together with the words open,
continuous, exclusive and notorious, the word occupation serves to highlight the fact that
for an applicant to qualify, his possession must not be a mere fiction. Actual possession of
a land consists in the manifestation of acts of dominion over it of such a nature as a party
would naturally exercise over his own property.
It is clear in the case at bar that the applicant, Maria Carlos, no longer had
possession of the property at the time of the application for the issuance of a certificate of
title. The application was filed in court on December 19, 2001. Teresita Carlos Victoria, the
daughter of Maria Carlos, admitted during the hearing that her mother had sold the
property to Ususan Development Corporation in 1996. They also presented as evidence
the deed of absolute sale executed by and between Maria Carlos and Ususan
Development Corporation on October 16, 1996.
Nonetheless, even if it were true that it was petitioner who had actual possession
of the land at that time, such possession was no longer in the concept of an owner.
Possession may be had in one of two ways: possession in the concept of an owner and
possession of a holder. A possessor in the concept of an owner may be the owner himself
or one who claims to be so. On the other hand, one who possesses as a mere holder
acknowledges in another a superior right which he believes to be ownership, whether his
belief be right or wrong. Petitioner herein acknowledges the sale of the property to
Ususan Development Corporation in 1996 and in fact promised to deliver the certificate of
title to the corporation upon its obtention.
Hence, it cannot be said that her possession since 1996 was under a bona fide
claim of ownership. Under the law, only he who possesses the property under a bona fide
claim of ownership is entitled to confirmation of title.
Ownership is different from possession. A person may be declared the owner, but
he may not be entitled to possession. The possession (in the concept of holder ) may be in
the hands of another, such as a lessee or a tenant.

Possession in the Concept of Owner (En Concepto de Dueno)

This is the possession by a person who because of his actuations is considered or
regarded by many members of the community as the owner of the property.

Possession in the Concept of Holder

Defined as the possession held by a person who recognizes that the thing held by
him in reality belongs to another. Example, the possession of a tenant, usufructuary,
depositary, or bailee in commodatum.

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National Power Corporation vs. Campos Jr.(G.R. No. 143643, June 27, 2003)
Possession, under the Civil Code, to constitute the foundation of a prescriptive right,
must be possession under claim of title (enconcepto de dueño), or to use the common law
equivalent of the term, it must be adverse. Acts of possessory character performed by one
who holds by mere tolerance of the owner is clearly not enconcepto de dueño, and such
possessory acts, no matter how long so continued, do not start the running of the period
of prescription.

The petitioner’s claim that it had acquired the easement of right-of-way by

prescription must perforce fail. As intimated above, possession is the fundamental basis of
prescription, whether ordinary or extraordinary. The petitioner never acquired the requisite
possession in this case. Its use of that portion of the subject property where it erected the
wooden poles and transmission lines was due merely to the tacit license and tolerance of
the respondents. As such, it cannot be made the basis of the acquisition of an easement of
right-of-way by prescription.

Possession in Good Faith or Bad Faith

1. The issue on Good and Bad Faith relative to possession will only apply when there
is a flaw in the title or mode of acquisition. If no flaw, do not apply.
2. Good faith is when a possessor is not aware of the said flaw. Bad faith is when the
possessor is aware that there is a flaw.
3. It is a question of intention. It is a state of mind, not visible or tangible. But it can
be determined by the overt acts and conducts of the possessor.

While a possessor in good faith is one who BELIEVES he is owner, the possessor in
the concept of an owner is one who ACTS as if he is the owner.

OBJECT OF POSSESSION:
Only things and rights susceptible of being appropriated may be the object of
possession.

ART. 527. Good Faith is always presumed, and upon him who alleges bad
faith on the part of a possessor rests the burden of proof.

The character of good faith remains until the possessor is shown to have been aware that
he possesses the thing improperly or wrongfully (presumption of continuity). Possession
in good faith ceases from the moment defects in the possessor’s title are made known to
him, by extraneous evidence or when a complaint for recover is filed.

A possessor may start his possession in good faith but may end up in bad faith.

Bad faith is personal.

Acquisition of Possession (Art. 531)

1. Material occupation of a thing (Detention);
2. Exercise of a right (Quasi-possession this includes constitutompossessoriumor
traditiobrevimanu);
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 3. Subjection to the action of our will (this includes traditio longa manu – by mere
agreement; or by the delivery of keys – traditiosimbolica);
4. By proper acts and legal formalities established for acquiring such right.
(Constructive possession such as succession, donation, execution of public
instruments.)

Constitutom possessorium
- Exists when a person who possesses property as an owner, now possesses it is some
other capacity, as that of a lessee or depositary.

Traditio Brevi Manu

- This exists when a person who possessed property not as an owner (like a lessee) now
possesses it as an owner.

Traditio Longa Manu

- delivery by consent or mere pointing.

Wong vs. Carpio (G.R. No. 504264, October 21, 1991)

It should be stressed that "possession is acquired by the material occupation of a
thing or the exercise of a right, or by the fact that it is subject to the action of our will, or
by the proper acts and legal formalities for acquiring such right." (Art. 531, Civil Code; Rizal
Cement Co., Inc. vs. Villareal, 135 SCRA 15 [1985]); and that the execution of a sale thru a
public instrument shall be equivalent to the delivery of the thing, unless there is
stipulation to the contrary . . . . If, however, notwithstanding the execution of the
instrument, the purchaser cannot have the enjoyment and material tenancy of the thing
and make use of it herself, because such tenancy and enjoyment are opposed by another,
then delivery has not been effected. (Paras, Civil Code of the Philippines, Vol. II, 1989 Ed., p.
400).

Possession as a fact cannot be recognized at the same time in two different

personalities except in the cases of co-possession. Should a question arise regarding the
fact of possession, the present possessor shall be preferred; if there are two possessions,
the one longer in possession, if the dates of possession are the same, the one who
presents a title; and if these conditions are equal, the thing shall be placed in judicial
deposit pending determination of its possession or ownership through proper
proceedings (Art. 538, Civil Code).

Possession in good faith ceases from the moment defects in the title are made known
to the possessors, by extraneous evidence or by suit for recovery of the property by the
true owner. Whatever may be the cause or the fact from which it can be deduced that the
possessor has knowledge of the defects of his title or mode of acquisition, it must be
considered sufficient to show bad faith. (Tolentino, Civil Code of the Philippines, Vol. II, p.
226). Such interruption takes place upon service of summons (Manotok Realty vs. Judge
Tecson, 164 SCRA 587 [1988] citing Mindanao Academy, Inc. v. Yap (13 SCRA 190 [1965]).

Essential Requirements For Possession:

(a) the corpus (or the thing physically detained)
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 (b) the animus or intent to possess (whether evidenced expressly or impliedly)

Acquisition of Possession from the Viewpoint of Who Possesses:

(a) personal;
Requisites:
1. intent to possess
2. capacity to possess
3. object must be capable of being possessed

(b) thru authorized person (agent or legal representative)

Requisites:
1. intent to possess for the principal (not for the agent)
2. authority or capacity to possess (for another)
3. principal has intent and capacity to possess

(c) thru unauthorized person (but only subsequently ratified).

Requisites:
1. intent to possess for another (the principal)
2. capacity of principal to possess
3. ratification by principal.

Art. 533. The possession of hereditary property is deemed transmitted to the heir
without interruption and from the moment of the death of the decedent, in case the
inheritance is accepted. One who validly renounces an inheritance is deemed never
to have possessed the same.

Rules on “Tacking”
The possession of hereditary property is deemed transmitted to the heir without
interruption and from the moment of the death of the decedent, in case the inheritance is
accepted.
One who validly renounces an inheritance is deemed never to have possessed the
same.

Art. 534, in possession thru succession

General Rule: One who succeeds by hereditary title shall not suffer the
consequences of the wrongful possession of the decedent. The reason is that bad faith,
which is a state of mind, is personal to the person who acted so. It is intransmissible.
Exception: If it is shown that he was aware of the flaws or defects in the
possession of his predecessor in interest.

The effects of possession in good faith shall not benefit the successor except from
the date of death of the decedent.

If the father is in bad faith, it does not necessarily mean that the son is also in bad
faith. Since the father was however in bad faith, the consequences of good faith of
the son should be counted from the death of the father.

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 If the father had been in good faith, the possession of the father will be added to
the possession of the son, and the possession in good faith commences from the
time the father possessed in good faith.

Possession of the Same Thing by Two Different Persons (Art. 538)

Possession as a fact CANNOT BE RECOGNIZED AT THE SAME TIME in two different
personalities except in case of –
 co-possession; and
 possession in different degrees.

Rules on Possession as a Fact (Art. 538)

1. Present possessor shall be preferred;
2. Both are in possession – one LONGER IN POSSESSION shall be preferred;
3. Both possessed at the same time – one who has TITLE shall be preferred;
4. Both have title – the COURT shall DETERMINE; meanwhile, the thing shall be
judicially deposited.

Doctrine of Constructive Possession

Possession in the eyes of the law does not mean that a man has to have his feet on
every square meter of ground before it can be said that he is in possession. It is sufficient
that the possessor was able to subject the property to the action of his will.

Somodio vs. CA (G.R. No. 82680, August 15, 1994)

Petitioner took possession of the property sometime in 1974 when he planted the
property to coconut trees, ipil- ipil trees and fruit trees. In 1976, he started the
construction of a building on the property. It is immaterial that the building was
unfinished and that he left for Kidapawan for employment reasons and visited the
property only intermittently. Possession in the eyes of the law does not mean that a man
has to have his feet on every square meter of ground before it can be said that he is in
possession (Ramos v. Director of Lands, 39 Phil. 175 [1918]). It is sufficient that petitioner
was able to subject the property to the action of his will.

Application of Article 1544, Civil Code

Movable = ownership goes to the FIRST POSSESSOR IN GOOD FAITH (apply
Article 538)
Immovable = ownership goes to – (RPO)
▪ The first to REGISTER the property IN GOOD FAITH in the Registry of
Property;
▪ The first POSSESSOR IN GOOD FAITH, if there is no registration;
▪ The first to present the OLDEST TITLE, if no one is in possession of the
property.

A squatter has no possessory rights of any kind against the owner of the land into
which he has intruded. His occupancy of the land is merely tolerated by the owner. Thus,
there is an implied promise on his part to vacate upon demand. (Banez vs. CA, L-30351,
Sept. 11, 1974)

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Heirs of Cipriano Trazona vs. Heirs of Dionisio Canada[G.R. No. 175874, December
11, 2013, (712 SCRA 300)]
The actual possession of Lot No. 5053-H by petitioners has been properly ruled on by
the RTC. Much has been made by the CA of the fact that respondents' house was standing
on the property. However, petitioners have explained that the house was erected only
after Cipriano permitted it.
Dionisio was then well aware that this temporary arrangement may be terminated at
any time. Respondents cannot now refuse to vacate the property or eventually demand
reimbursement of necessary and useful expenses under Articles 448 and 546 of the New
Civil Code, because the provisions apply only to a possessor in good faith, i.e., one who
builds on land with the belief that he is the owner thereof. Persons who occupy land by
virtue of tolerance of the owners are not possessors in good faith. Thus, the directive of
the RTC for respondents to demolish their residential house on Lot No. 5053-H was also
proper.

Legal Means for Restoration to Possession:

Reasons:
1)To prevent spoliation or a disregard of public order;
2) To prevent deprivation of property without due process oflaw;
3)To prevent a person from taking the law into his own hands.

Thus,
a)The owner should go to court, and not eject the unlawful possessor by force;
b)A tenant illegally forced out by the owner-landlord may institute an action for forcible
entry even if he had not been paying rent regularly;
c)The proper action are forcible entry or unlawful detainer, accionpubliciana,
accionreivindicatoria, replevin; and injunction;

Only the possession acquired and enjoyed in the concept of owner can serve as a title
for acquiring dominion (Art. 540)

- Thus, a possessor merely in the concept of holder cannot acquire property by acquisitive
prescription.

Presumption That possessor has a just title:

(a)One must be in possession (actual or constructive)
(b)The possession must be in the concept of owner.

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 LEGAL POSSESSOR IN POSSESSOR IN
OWNER/POSSESSOR GOOD FAITH BAD FAITH

FRUITS Entitled to fruits 1. reimburse fruits

RECEIVED received while received/ which
/ possession is in legal Possessors
GATHERED good faith before it could have received
was legally 2. be reimbursed of
interrupted. the expenses in their
production,
gathering, and
preservation

PENDING A.1.be liable for A.1. Have a right to Has no right

FRUITS expenses of a part of the whatsoever as to
cultivation in expenses of the pending fruits
proportion to the cultivation and to a
time of their part of the net
possession harvest both in
2.share in the net proportion to the
harvest in proportion time of the
to the time of their possession
possession

B 1.may allow B. 1. If possessor in

possessor in good good faith refuses
faith to finish the to accept this
cultivation and concession, he loses
gathering of the the right to be
growing fruits, as an indemnified in any
indemnity for his part other manner
of the expense of
cultivation and the
net proceeds

CHARGES Share in proportion

to the time of their
possession

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Expenses
Necessary (Gastos Necesarios)
Those without which the thing would physically deteriorate or be lost., hence those
made for the preservation of the thing.

POSSESSOR IN GOOD FAITH BAD FAITH

Necessary expenses refunded

Right to retain the premises until paid. No right to retain.

Useful (Gastos Utiles)

Those that add value to the property or increase the object’s productivity and
usefulness for the satisfaction of religious/spiritual yearnings or gives rise to all kinds of
fruits.

POSSESSOR IN GOOD FAITH(IN THE BAD FAITH

CONCEPT OF AN OWNER)

Refunded with the useful expenses Not refunded.

(amount spent or increase in value at the
option of the owner).

Right to retain the premises until paid. No right to retain.

Right to remove improvements provided Owner gets the improvements

no substantial damage is made to the
premises UNLESS the owner reimburses
him

DAMAGE
Means substantial one that reduces the value of the property, thus a slight injury
curable by an ordinary repair does not defeat the right of removal, but the repairs should
be chargeable to the possessor, for it is he who benefits by the removal and the object
removed.

Rights of a possessor (in the concept of Owner) with respect to luxurious or

ornamental expenses.

Pure Luxury or mere pleasure

Those that add value to the thing only for certain determinate persons in view of their
particular whims. They are neither essential for preservation nor useful to everybody in
general.

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 GOOD FAITH BAD FAITH

No right to refund/retention

May remove improvements, provided no SUBSTANTIAL INJURY is made

Owner has the option to – Owner has the option to–

• compel the possessor to remove • compel the possessor to remove
the improvements; or the improvements; or
• retain the improvements by 2. retain the improvements by refunding
refunding the AMOUNT SPENT. the VALUE AT THE TIME THE OWNER
ENTERS INTO POSSESSION.

Right of possessor (in the concept of Owner) to Fruits

GOOD FAITH BAD FAITH

Gathered/severed fruits are his own. Return value of gathered/severed fruits

already received as well as value which
owner/legal possessor could have
received with due care/diligence MINUS
necessary expenses for cultivation,
gathering, and harvesting.

PRO RATING of pending or ungathered NO RIGHT to pending or ungathered

fruits pro-rated between possessor and fruits.
owner of expenses, net harvest, and
charges.

Neither the possessor in good faith nor in bad faith is entitled to:

(a) Improvements caused by nature (like alluvium)

(b) Improvements caused by time (like improved flavor of wine)

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Deterioration or Loss
POSSESSOR IN GOOD FAITH BAD FAITH

Not liable before receipt of judicial Liable – whether before or after receipt
summons. of judicial summons or whether due to
fortuitous event or not.

After summons
• Not liable for fortuitous events
• Liable if he acted with
negligence or fraudulent intent

Article 559
o Possession of movable acquired in Bad Faith – not equivalent to title
o Possession of movable acquired in Good Faith:
▪ Equivalent to title
▪ Owner may recover:
• if he lost the same or
• he has been unlawfully deprived
o Exception:Possessor acquired the movable in Good
Faith at a public sale, hence, owner must reimburse
the price paid.

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Summary of Recovery or Non-Recovery Principle (Movable property)

Owner may recover w/o Owner may recover but Owner CANNOT recover
reimbursement should reimburse even if he offers
reimbursement

1. From possessor in bad 1. If possessor acquired 1. If possessor had

faith; the object in good faith at acquired it in good faith
2. From possessor in a PUBLIC SALE or by purchase from a
good faith if the owner AUCTION. merchant’s store, or in
had lost the property or fairs, or markets in
been unlawfully deprived accordance with the Code
of it. of Commerce and special
laws;
2. If owner is by his
conduct is in estoppel;
3. If possessor had
obtained the goods
because he was an
innocent purchaser for
value and holder of a
negotiable document of
title of the goods.

Owner cannot recover even if he offers reimbursement if:

1. owner is precluded by his conduct, from denying the seller’s authority to sell;
2. sale is sanctioned by statutory or judicial authority;
3. sale is made at a merchant’s store, fairs, or markets(Art. 1505);
4. possessor had obtained the movable because he was an innocent purchaser for
value and holder of a negotiable document of title;
5. recovery is no longer possible because of prescription.

Possession Cannot be acquired thru:

1. Force or Intimidation (Art. 536)
2. Acts of Tolerance (Art. 537), Roxas vs. CA (391 S 351)
3. Acts of Secrecy, Clandestine Possession (Art 537)
4. Force or Violence (Art. 537)

Loss of Possession
1. Abandonment of the thing;
2. Assignment (onerous or gratuitous);
3. Destruction or total loss of the thing or thing goes out of commerce; or
4. Possession of another for more than one year.

1. ABANDONMENT
- voluntary renunciation of the thing.

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Requisites:
1. The abandoner must have been a possessor in the concept of an owner;
2. The abandoner must have the capacity to renounce or toalienate;
3. There must be a physical relinquishment of the thing or object;
4. There must be no more expectation to recover (spesrecuperandi) and no more
intent to return or get back (animus revertendi).

2. ASSIGNMENT
- means complete (not merely limited) transmission of ownership rights to another
person, onerously (as when the thing is sold and delivered) or gratuitously (as in the case
of a donation).
Both possession de facto and de jure are lost and no action will allow recovery

3. DESTRUCTION , TOTAL LOSS AND WITHDRAWAL

- a thing is lost when it perishes, or goes out of commerce, or disappears in such a
way that its existence is unknown, or it cannot be recovered.

USUFRUCT
The right to enjoy the property of another with the obligation of preserving its form
and substance, unless the title constituting it or the law otherwise provides.

FULL OWNERSHIP = NAKED OWNERSHIP + USUFRUCT

It is a real right, of a temporary nature, which authorizes its holder to enjoy all the
benefits which result from the normal enjoyment (or exploitation) of another’s property,
with the obligation to return, at the designated time, either the same thing or in special
cases its equivalent.

Objects of Usufruct
1. Real property
2. Personal property
3. Flock or herd of animals
4. Transmissible rights which have capability of independent existence
5. Unproductive things

Elements/Characteristics of Usufruct
1. ESSENTIAL (those without which it cannot be considered as usufruct)
a. It is a real right (whether registered in the Registry of Property or not) of use
and enjoyment;
b. It is of a temporary nature or duration; (not perpetual)
c. Its purpose is to enjoy the benefits and derive all advantages from the object
as a consequence of normal use or exploitation.

2. NATURAL (that which ordinarily is present but contrary stipulation can eliminate it
because it is not essential)
a. Obligation to preserve or conserve the form and substance of the thing.
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 3. ACCIDENTAL (those which may be present or absent depending upon the
stipulation of the parties
a. Period
b. Pure or conditional
c. Simple or multiple

Reasons for CONSERVING Form and Substance:

(a)To prevent extraordinary exploitation;
(b)To prevent abuse, which is frequent;
(c)To prevent impairment

OWNERSHIP USUFRUCT

Attributes: Attributes:
1. The right to enjoy; 1. Limited merely to the enjoyment of the
2. The right to dispose; property (jus utendi& jus fruendi)
3. The right to vindicate or recover
property.

USUFRUCT EASEMENT

1. The object may be personal or real 1. Involves real property only;

property;

2. What can be enjoyed are all uses and 2. Limited to a particular use. (like the
fruits of the property; (jus possidendi, right of way);
utendiandfruendi)

3. A usufruct cannot be constituted on an 3. An easement may be constituted in

easement; but it may be constituted on favor of, or burdening, a piece of land
the land burdened by an easement; held in usufruct;

4. Usually extinguished by death of the 4. Not extinguished by the death of the

usufructuary. owner of the dominant estate.

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 BASIS USUFRUCT LEASE

1. As to EXTENT 1. Covers all fruits 1. Generally covers

and uses as a rule; only a particular or
specific use;

2. As to NATURE of the 2. Is always a real right; 2. Is a real right only if, as

right; in the case of lease over
real property, the lease is
registered, or is for more
than ONE YEAR, otherwise,
it is only a personal right;

3. As to the CREATOR of 3. Can be created only by 3. The lessor may or may

the right the owner, or by a duly not be the owner (as when
authorized agent acting in there is a sublease or
behalf of the owner; when the lessor is only

4. As to ORIGIN; 4. May be created by law,

contract, last will, or 4. May be created as a rule
prescription; only by contract: and by
way of exception by law
(as in the case of implied
new lease or when a
builder has built in good
faith on the land of
another a building, when
the land is considerably
worth more in value than
the building;

5. As to CAUSE; 5. The owner is more 5. The owner or lessor is

passive and he allows the more or less active and he
usufructuary to enjoy the makes the lessee enjoy;
thing given in usufruct;

6. As to REPAIRS; 6. The usufructuary has the 6. The lessee generally has

duty to make ordinary no duty to pay for repairs;
repairs;

7. As to TAXES; 7. The usufructuary pay for 7. The lessee generally

the annual charges and pays no taxes;
taxes on the fruits;

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 8. As to other things. 8. A usufructuary may 8. The lessee cannot
lease the property itself to constitute a usufruct on
another. the property leased.

General Rule
The usufructuary is bound to preserve the form and substance of the thing in
usufruct.

Exception
Abnormal usufruct whereby the law or the will of the parties may allow the
modification of the substance of the thing.

Rights of a Usufructuary
1. To personally enjoy the thing in usufruct;
a. The right to possess, right to the fruits, right to use accessions, the right to
lease; & right to introduce useful improvements;
2. To retain the thing until he is reimbursed for advances for extraordinary expenses
and taxes on the capital;
a. To alienate his right of usufruct, even by a gratuitous title.

Right to the Fruits

GENERAL RULE:
The usufructuary shall be entitled to all natural, industrial and civil fruits of the
property in usufruct. With respect to hidden treasure which may be found on the
property, he shall be considered a stranger.

Special Rules with respect to natural and industrial fruits:

(1) Natural or industrial fruits growing at the time the usufruct begins, belong to the
usufructuary. The usufructuary has no obligation to refund to the owner any
expenses incurred, provided no third persons are prejudiced;
(2) Those growing at the time the usufruct terminates, belong to the owner. In this
case, such owner shall be obliged to reimburse at the termination of the usufruct,
from the proceeds of the growing fruits, the ordinary expenses of cultivation, for
seed, and other similar expenses incurred by the usufructuary.

Special Rules with respect to CIVIL FRUITS:

(1) If the usufructuary has leased the property, and the usufruct should expire
before the termination of the lease, he or his heirs or successors shall
receive only a proportionate share of the rent;
(2) If the usufruct consists either in the right to receive (a) rents or; (b) periodical
pensions; (c) the interests on bonds or securities payable to bearer or in the; (d)
enjoyment of benefits accruing from a participation in any industrial or commercial
enterprise, the date of distribution of which is not fixed , such rents or pensions, or
interests, or benefits, which are all considered civil fruits belong to the
usufructuary to the time the usufruct may last.

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The USUFRUCTUARY has the right to the enjoyment (use and not ownership);
(a) Accessions (whether artificial or natural);
(b) servitudes and easements;
(c) all benefits inherent in the property (like the right to hunt and fish therein)

The usufructuary may personally enjoy the thing in usufruct, lease it to another, or
alienate his right of usufruct, even by a gratuitous title; but all the contracts he may enter
into as such usufructuary shall terminate upon the expiration of the usufruct, saving leases
or rural lands, which shall be considered as subsisting during the agricultural years. (Art.
572)

ABNORMAL USUFRUCT or IMPERFECT USUFRUCT

Are those where the usufructuary does not have the obligation of preserving the form
and substance of the property which is the object of the usufruct.

Effect of Deterioration on the Usufructuary’s Liability:

Due to NORMAL USE Due to event or acts Due to Fraud or
which endangers their Negligence
preservation;

1. Usufructuary is NOT 1. Usufructuary 1. Usufructuary is

responsible; required to make responsible;
2. Return the thing in the necessary or 2. Liability may
the condition at the ordinary repairs. however be set-off
time of the against
termination; improvements.
3. No necessity for
repairs;
4. Failure to return will
result to
indemnification.

QUASI-USUFRUCT
Refers to a type of an abnormal usufruct which includes things which cannot be used
without being consumed, hence, its form and substance are not really preserved.

RULES for QUASI-USUFRUCT:

(a) The usufructuary can use them as if he is the owner, with complete right of
pledge or alienation;
(b) BUT at the end of the usufruct he must;
(1)pay the appraised value (if appraised when first delivered);
2)or, if there was no appraisal, return the same kind, quality, and quantity or pay
the price current at the termination of the usufruct (therefore not at the original
price or value).

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Rules on Useful and Luxurious Improvements:
The usufructuary has the RIGHT to make;
(a) useful improvements;
(b) luxurious improvements;

BUT
(a) He must not alter the form or substance of the property in usufruct;
(b) He is not entitled to a refund but he may;
b.1.either remove the improvements if no substantial damage to the property in
usufruct is caused;
b.2.Or set-off the improvements against damages for which he may be liable.

Obligations of a Usufructuary
Before entering upon the enjoyment of the property
1. To make, after notice to the owner or his legitimate representative an inventory of
all the property, which shall contain an appraisal of the movables and a description
of the condition of the immovables;
2. To give security, binding himself to fulfill the obligations imposed upon him in
accordance with the Civil Code.

During the existence of the usufruct:

1. To take care of the things given in usufruct as a good father of the family;
2. To make ordinary repairs on the property;
3. To notify the owner in case the need for extraordinary repairs on the property is
urgent;
4. To pay annual charges and taxes and those considered as a lien on the fruits;
5. To notify the owner of any act of a third person that may be prejudicial to the right
of ownership;
6. To pay the expenses, costs and liabilities in suits with regard to the usufruct;
7. To deliver the thing to the owner without prejudice to the right of retention
pertaining to him or his heirs for taxes and extraordinary expenses which should be
reimbursed;
8. If the usufruct be constituted on a flock or herd of livestock, to replace with the
young thereof the animals that die each year from natural causes, or are lost due
to the rapacity of beasts of prey.

Requirements for the Making of the INVENTORY:

(a) The owner or his legitimate representative must be previously notified;
(b) The condition of the immovables must be described;
(c) The movables must be appraised;
(d) As a rule, NO FORM is required except that when there are real properties, Art.
1358 demands a public instrument to affect third parties;
(e) Expenses are to be borne by the usufructuary, since the duty is his’;
(f) Effect of not making an inventory same as when the security is not given;
(g) When inventory is not required;
g.1. When no one will be injured thereby provided naked owner
consents
68
 g.2. In case of waiver by the naked owner or the law or when
there is a stipulation in a will or contract.

The Usufructuary is excused from the obligation of giving a bond or security:

(1) When no one will be injured;
(2) When there is a waiver by the naked owner;
(3) When the donor has reserved the usufruct of the property donated;
(4) In the case of parents who are usufructuaries of their children’s property,
except when the parents contract a second marriage;
(5) In the case of usufructs subject of caucionjuratoria.

Effects of Failure to Give Security

1. On the rights of the naked owner
a. He may deliver the property to the usufructuary; OR
b. The naked owner may choose retention of the property as administrator; OR
c. The naked owner may demand receivership or administration of the real
property, sale of movable, conversion or deposit of credit instruments, or
investment of cash or profits.

2. On the rights of the usufructuary

a. The usufructuary cannot possess the property until he gives the security;
b. The usufructuary cannot administer the property;
c. The usufructuary cannot collect credits that have matured, nor invest them
unless the court or the naked owner consents; and
d. The usufructuary cannot alienate his right to the usufruct.

Caucion Juratoria
A promise under oath, given by a usufructuary who has not given security, to
take good care of the property and return the same at the end of the usufruct. (See
Article 587 of the Civil Code)
- It is case whereby the usufructuary, being unable to file the required bond or
security, files a verified petition in the proper court asking for the delivery of the house
and furniture necessary for himself and his family without any bond or security. The same
rule applies to instruments or tools necessary for an industry or vocation in which the
usufructuary is engaged.

Requisites Before the Caucion Juratoria is Allowed:

(a) Proper court petition;
(b) Necessity for delivery of furniture, implements or house included in the usufruct;
(c) Approval of the court;
(d) Sworn promise.

Upon termination of the usufruct

To return the property to the naked owner, but he has the rights –
a. to retain the property until he is reimbursed for taxes on the capital and
indispensable extraordinary repairs or expenses; and

69
 b. to remove removable improvements or set them off against damages he has
caused.

Rules on Repairs/Expenses
Ordinary repairs
Those required by wear and tear due to the natural use of the thing and are
indispensable for its preservation.
- USUFRUCTUARY is obliged to make repairs
- Failure by usufructuary to make repairs – OWNER may make at the
USUFRUCTUARY’S EXPENSE

Extraordinary repairs
• Those caused by natural use but not needed for preservation – NAKED OWNER.
• Those due to abnormal or exceptional circumstances and needed for preservation
– NAKED OWNER.
• Those due to abnormal or exceptional circumstances but not needed for
preservation– NAKED OWNER.
• If URGENT, USUFRUCTUARY may make the repairs at the OWNER’S EXPENSE but
must first notify the latter.
• Annual charges and taxes and those considered as a lien on the fruits –
USUFRUCTUARY.
• Taxes imposed directly on the capital – OWNER.
• If owner has paid them – usufructuary must pay interest on the sums;
• If the usufructuary advanced taxes at the beginning of the usufruct – recover at the
end of the usufruct.

Extinguishment of Usufruct
1. Death of the usufructuary, unless a contrary intention clearly appears;
2. Expiration of the period for which it was constituted, or by the fulfillment of any
resolutory condition provided in the title creating the usufruct;
3. Merger of the usufruct and ownership in the same person;
4. Renunciation of the usufructuary;
5. Total loss of the thing in usufruct;
6. Termination of the right of the person constituting the usufruct; and
7. Prescription.

Duration of Usufruct
• Town, corporation, association – not more than 50 years;
• Granted for the time that may lapse before a third person attains a certain age –
number of years specified, even if the third person should die before the period
expires, unless such usufruct has been granted only in consideration of the
existence of such person.

PARTIAL LOSS
If the property is partially lost, the usufruct continues on the remaining part.

EASEMENTS OR SERVITUDES
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Definition (Art. 613)
It is an encumbrance imposed upon an immovable for the benefit of a community
or one or more persons or for the benefit of another immovable belonging to a different
owner.

LIWAG vs. HAPPY GLEN LOOP HOMEOWNERS ASSOCIATION INC. (675 SCRA 744,
[2012])
Easements or servitudes are encumbrances imposed upon an immovable for the
benefits of another immovable belonging to a different owner, for the benefit of a
community, or for the benefit of one or more persons to whom the encumbered estate
does not belong.

DOMINANT AND SERVIENT ESTATES

The immovable in favor of which the easement is established is called the
DOMINANT ESTATE; that which is subject thereto, the SERVIENT ESTATE. (Art. 613)

Characteristics of Easement:
(a) A Real Right – therefore an action in rem is possible against the possessor of the
servient estate (it must be registered in order to affect third persons);
(b) Imposable only on another’s property;
(c) It is a jus in re aliena (a real right that may be alienated although naked ownership
is maintained);
(d) It is a limitation or encumbrance on the servient estate for another’s benefit; (it is
an encumbrance on the servient estate but confers benefit on the dominant estate.);
(e) There is Inherence (or inseparability from the estate to which it belongs);
(f) It is Indivisible (Even if the tenement be divided)
(g) It is Intransmissible;
(h) It is perpetual (As long as the dominant and / or the servient estate exists unless
sooner extinguished by the causes enumerated by law).

Classifications of EASEMENTS
1. According to party given benefit
a. Real – for the benefit of another immovable belonging to a different owner;
b. Personal – for the benefit of one or more persons or of a community.
2. According to manner of exercise
a. Continuous – their use is incessant, or may be incessant, without the
intervention of any act of man;
b. Discontinuous – they are used at intervals and depend upon the acts of man.
3. According to whether or not existence is indicated
a. Apparent – those made known and continually kept in view by external signs
that reveal the use and enjoyment of the same;

b. Non-apparent – they show no external indication of their existence.

4. According to purpose
a. Positive – owner of the servient estate is obliged to allow something to be
done on his property (servitus in patendo) or to do it himself (servitus in
faciendo).
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 b. Negative – owner of the servient estate is prohibited to do something which he
could lawfully do were it not for the existence of the easement.
5. According to right given
a. Right to partially use the servient estate;
b. Right to get specific materials or objects from the servient estate;
c. Right to participate in ownership;
d. Right to impede or prevent the neighboring estate from performing a specific
act of ownership.
6. According to source or origin
a. Voluntary – constituted by will or agreement of the parties or by a testator;
b. Mixed – created partly by agreement and partly by law;
c. Legal – those constituted by law for public use or for private interest.

BAPCI vs. Obias (G.R. No.172077, October 9,2009)

Easement or praedial servitude is an encumbrance imposed upon an immovable
for the benefit of another immovable belonging to a different owner. By its creation.
easement is established either by law (in which case it is a legal easement) or by will of the
parties (a voluntary easement).
In terms of use, easement may either be continuous or discontinuous. An
easement is continuous if its use is, or may be, incessant without the intervention of any
act of man, like the easement of drainage; and it is discontinuous if it is used at intervals
and depends on the act of man, like the easement of right of way. The easement of right
of way is considered discontinuous because it is exercised only if a person passes or sets
foot on somebody else's land. Like a road for the passage of vehicles or persons, an
easement of right of way of railroad tracks is discontinuous because the right is exercised
only if and when a train operated by a person passes over another's property. In other
words, the very exercise of servitude depends upon the act or intervention of man which is
the very essence of discontinuous easements.
The easement of right of way - the privilege of persons or a particular class of
persons to pass over another's land , usually through a particular path or line - is
characterized as a discontinuous easement because its use is in intervals and depends on
the act of man. Because of this character, an easement of a right of way may only be
acquired by virtue of a title not by prescription.
The presence of more or less permanent railroad tracks does not, in any way
convert the nature of an easement of right of way to one that is continuous. It is not the
presence of apparent signs or physical indications showing the existence of an easement,
but rather the manner of exercise thereof, that categorizes such easement into continuous
or discontinuous. The presence of physical or visual signs only classifies an easement into
apparent or non-apparent. Thus, a road (which reveals a right of way) and a window
(which evidences a right to light and view)are apparent easements, while an easement of
not building a certain height is non-apparent.(BAPCI vs. Obias)

Modes of Acquiring Easements

Continuous and Apparent (Art. 620) (e.g., easement of aqueduct, easement
of light and view):
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 1. By title
• does not necessarily mean document but it means a judicial act or
law sufficient to create the encumbrance; ex: law, donation, will,
contract
• absence of document or proof showing origin of easement may
be cured by:
o deed of recognition by owner of a servient estate
o final judgment declaring the easement

2. By prescription of 10 years (whether good faith or bad faith) Art. 621

• Positive – computed from the day the owner of the dominant
estate or possessor who may have made use of the easement
commenced to exercise it upon the servient estate
• Negative – computed from the day notarial prohibition was made
on the servient estate by the dominant estate.

Requisites of Prescription:
Possession for purpose of prescription has to be in the concept of an owner,
public, peaceful and uninterrupted. It should also be remembered that acts of possessory
character executed by virtue of a license or by mere tolerance of the owner shall not be
available for purposes of prescription.

National Power Corporation vs. Campos Jr.(G.R. No. 143643, June 27, 2003)
Possession, under the Civil Code, to constitute the foundation of a prescriptive
right, must be possession under claim of title (enconcepto de dueño), or to use the
common law equivalent of the term, it must be adverse. Acts of possessory character
performed by one who holds by mere tolerance of the owner are clearly not enconcepto
de dueño, and such possessory acts, no matter how long so continued, do not start the
running of the period of prescription.
The petitioner’s claim that it had acquired the easement of right-of-way by
prescription must perforce fail. As intimated above, possession is the fundamental basis of
prescription, whether ordinary or extraordinary. The petitioner never acquired the requisite
possession in this case. Its use of that portion of the subject property where it erected the
wooden poles and transmission lines was due merely to the tacit license and tolerance of
the respondents. As such, it cannot be made the basis of the acquisition of an easement of
right-of-way by prescription.

MODES OF ACQUIRING EASEMENTS:

1. EITHER BY TITLE OR BY PRESCRIPTION
• Continuous and apparent
2. ONLY BY TITLE
• Discontinuous and Apparent
• Continuous and Non-apparent
• Discontinuous and Non-apparent

Requisites To Affect or Prejudice Third Persons:

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 To prejudice third persons, voluntary easements must be registered. Registration is
not generally essential for legal easements since this exists as a matter of law and
necessity.

Rights of the DOMINANT ESTATE:

(a) To exercise the easement and all necessary rights for its use including accessory
easement;
(b) To make on the servient estate all works necessary for the use and preservation of
the servitude, BUT –
1. This must be at his own expense;
2. He must notify the servient owner;
3. Select convenient time and manner;
4. He must not alter the easement nor render it more burdensome.
(c) To ask for a Mandatory Injunction to prevent impairment or obstruction in the
exercise of the easement as when the owner of the servient estate obstructs the
right of way by building a wall or fence;
(d) To renounce totally the easement if he desires exemption from contribution to
expenses.

Obligations of the DOMINANT ESTATE:

(a) He cannot alter the easement;
(b) He cannot make it more burdensome;
(c) If there are several dominant estates each must contribute to necessary repairs and
expenses in proportion to the benefits received by each estate

Rights of the SERVIENT ESTATE;

(a) To retain ownership and possession of the portion of his land affected by the
easement even if indemnity for the right is given unless the contrary has been
stipulated;
(b) To make use of the easement, unless deprived by stipulation provided that the
exercise of the easement is not adversely affected and provided further that he
contributes to the expenses in proportion to benefits received, unless there is a
contrary stipulation;
(c) To change the location of a very inconvenient easement provided that an
equally convenient substitute is made, without injury to the dominant estate.

Obligations of the SERVIENT ESTATE;

(a) He cannot impair the use of the easement;
(b) He must contribute to the expenses in case he uses the easement unless there is a
contrary stipulation;
(c) In case of impairment, to restore conditions to the status quo at his expense plus
damages;
(d) To pay for the expenses incurred for the change of location of form of easement.

Legal Easements
These are easements imposed by law, and which have for their object either:
(a) public use;
74
 (b) or the interest of private persons.

Different Kinds of Legal Easements:

(a) The easements relating to waters;
(b) right of way;
(c) party wall;
(d) light and view;
(e) drainage;
(f) intermediate distances;
(g) easement against nuisance;
(h) lateral and subjacent support.

Aqueduct (Art 46 of the Water Code)

When artificial means are employed to drain water from higher estate to lower
land, the owner of the higher land shall select the routes and methods of drainage that
will cause the minimum damage to the lower lands, subject to the requirements of just
compensation.

Art. 47 of the Water Code

When the use, conveyance or storage of waters results in damage to another, the
person responsible for the damage shall pay compensation.

Art. 49 of the Water Code

Any person having an easement for an aqueduct may enter upon the servient land
for the purpose of cleaning, repairing or replacing the aqueduct or the removal of the
obstructions therefrom.

Art. 50 of the Water Code

Lower estates are obliged to receive waters which naturally and without the
intervention of man flow from the higher estates, as well as the stone or earth which they
carry with them. The owner of the lower estate can not construct works which will impede
the natural flow, unless he provides an alternative method of drainage; neither can the
owner of the higher estate make works which will increase this natural flow.

Right of Way
The easement or privilege by which one person or a particular class of persons is
allowed to pass over another’s land, usually through one particular path or line.
The owner, or any person who by virtue of a real right may cultivate or use any
immovable, which is surrounded by other immovables pertaining to other persons and
without adequate outlet to a public highway, is entitled to demand a right of way through
neighboring estates, after payment of the proper indemnity.

Requisites:
1. The property is surrounded by estates of others;
2. There is no adequate outlet to a public highway;
3. There must be payment of the proper indemnity;
4. It must be established at the point least prejudicial to the servient estate;
75
 5. The isolation must not be due to the proprietor’s own acts; and
6. Demandable only by the owner or one with a real right like a usufructuary.

The easement of right of way shall be established at the point least prejudicial to
the servient estate, and insofar as consistent with this rule, where the distance from the
dominant estate to a public highway may be the shortest. If both do not concur the
former shall be preferred.

Rules if Grantor’s or Grantee’s Land is Enclosed: (Arts. 652 & 653);

(a) If the enclosing estate is that of the grantor (seller, barterer or co-owner but
not the donor), the grantee does not pay indemnity for the easement.
(b) If the enclosed estate is that of the grantor (seller, barterer, or co-owner but
not the donor), the grantor must pay indemnity.
(c) If the enclosing estate is that of the DONOR, the donee must pay the
indemnity.
(d) If the enclosed estate is that of the DONOR, the DONOR shall not pay.

Spouses Mejorada vs. Vertudazo et. al. (G.R. No. 151797, October 11, 2007)
A legal or compulsory easement is that which is constituted by law for public use
or for private interest. Pursuant to the above provisions, the owner of an estate may claim
a legal or compulsory right of way only after he has established the existence of these four
(4) requisites: (a) the estate is surrounded by other immovables and is without adequate
outlet to a public highway; (b) after payment of the proper indemnity; (c) the isolation was
not due to the proprietor’s own acts; and (d) the right of way claimed is at a point least
prejudicial to the servient estate.

REPUBLIC ACT 10752

(AN ACT FACILITATING THE ACQUISITION OF RIGHT-OF-WAY SITE OR LOCATION
FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS)
KNOWN AS "THE RIGHT-OF-WAY ACT"
APPROVED - MARCH 7, 2016
Declaration of Policy.
Article III, Section 9 of the Constitution states that private property shall not be
taken for public use without just compensation. Towards this end, the State shall ensure
that owners of real property acquired for national government infrastructure projects are
promptly paid just compensation for the expeditious acquisition of the required right-of-
way for the projects.
“National Government Projects” shall refer to all national government infrastructure
projects and its public service facilities, engineering works and service contracts, including
projects undertaken by government-owned and -controlled corporations, all projects
covered by Republic Act No. 6957, as amended by Republic Act No. 7718, otherwise
known as the “Build-Operate-and-Transfer Law”, and other related and necessary
activities, such as site acquisition, supply or installation of equipment and materials,
implementation, construction, completion, operation, maintenance, improvement, repair
and rehabilitation, regardless of the source of funding. Subject to the provisions of
Republic Act No. 7160, otherwise known as the “Local Government Code of 1991”, local
76
government units (LGUs) may also adopt the provisions of this Act for use in the
acquisition of right-of-way for local government infrastructure projects.

Modes of Acquiring Real Property.– The government may acquire real property
needed as right-of-way site or location for any national government infrastructure project
through donation, negotiated sale, expropriation, or any other mode of acquisition as
provided by law.

Secretary of the DPWH et al. vs. Spouses Tecson(G.R. No. 179334, July 1, 2013)
Both equity and the law direct that a property owner should be compensated if his
property is taken for public use.Neither shall prescription bar respondents’ claim following
the long-standing rule "that where private property is taken by the Government for public
use without first acquiring title thereto either through expropriation or negotiated sale,
the owner’s action to recover the land or the value thereof does not prescribe.”

NAPOCOR vs. Heirs of Macabangkit, et al. (G.R. No. 165828,August 24, 2011)
We rule that the reckoning value is the value at the time of the filing of the
complaint, as the RTC provided in its decision. Compensation that is reckoned on the
market value prevailing at the time either when NPC entered or when it completed the
tunnel, as NPC submits, would not be just, for it would compound the gross unfairness
already caused to the owners by NPC’s entering without the intention of formally
expropriating the land, and without the prior knowledge and consent of the Heirs of
Macabangkit. NPC’s entry denied elementary due process of law to the owners since then
until the owners commenced the inverse condemnation proceedings. The Court is more
concerned with the necessity to prevent NPC from unjustly profiting from its deliberate
acts of denying due process of law to the owners. As a measure of simple justice and
ordinary fairness to them, therefore, reckoning just compensation on the value at the time
the owners commenced these inverse condemnation proceedings is entirely warranted.

NIA vs. Spouses Lazo(G.R. No. 195594, September 29, 2014)

In general, however, a property-owner like respondents has no right to unilaterally
determine the extent of his or her property that should be acquired by the State or to
compel it to acquire beyond what is needed, the conformity of a higher authority like the
Sanggunian Bayan notwithstanding. Similar to cases of voluntary offer to sell (VOS) a
property to the Department of Agrarian Reform (DAR) for coverage under R.A. No. 6657 or
the Comprehensive Agrarian Reform Law,48 the Government cannot be forced to buy land
which it finds no necessity for considering that, in the ultimate analysis, an appropriation
of limited government funds is involved. Like the DAR, the NIA has the power todetermine
whether a parcel of land is needed for the BPIP. Truly, due recognition must be madethat
the NIA is an administrative body with expertise on matters within its specific and
specialized jurisdiction. Presumption of regularity in the performance of its official duty
should be accorded.

Republic vs. Spouses Libunao (G.R. No. 166553, July 30, 2009)
The nature and effect of the installation of power lines and the limitations on the
use of land for an indefinite period should be considered , as the owners of the properties
would be deprived of the normal use of their properties. For this reason, the property
77
owners are entitled to the payment of just compensation based on the full market value of
the affected properties. The acquisition of such an easement falls within the purview of the
power of eminent domain. This conclusion finds support in similar cases in which the
Supreme Court sustained the award of just compensation for private property condemned
for public use. Normally of course, the power of eminent domain results in the taking and
appropriation of title to, and possession of, the expropriated property ; but no cogent
reason appears why the said power may not be availed of to impose only a burden upon
the owner of condemned property, without loss of title or possession.It is unquestionable
that real property may, through expropriation , be subjected to an easement of right of
way.

NAPOCOR vs. Purefoods Corp. et. al. (G.R. No. 160725, September 12, 2008)
Expropriation is not limited to the acquisition of real property with a corresponding
transfer of title or possession. The right-of-way easement resulting in a restriction or
limitation on property rights over the land traversed by transmission lines, as in the
present case, also falls within the ambit of the term "expropriation." In eminent domain or
expropriation proceedings, the general rule is that the just compensation to which the
owner of the condemned property is entitled is the market value. Market value is "that
sum of money which a person desirous but not compelled to buy, and an owner willing
but not compelled to sell, would agree on as a price to be given and received therefor.
The aforementioned rule, however, is modified where only a part of a certain property is
expropriated. In such a case the owner is not restricted to compensation for the portion
actually taken. In addition to the market value of the portion taken, he is also entitled to
recover the consequential damage, if any, to the remaining part of the property. At the
same time, from the total compensation must be deducted the value of the consequential
benefits.".

OCA Circular No. 113-2019, dated July 16, 2019

1. Ministerial acceptance of the deposit of the implementing agency in right-of-way cases
pursuant to R.A. No. 10752, without need of a court order, issued for the account of the
Office of the Clerk of Court for multiple-sala courts, or the court itself for single-sala
courts, following this format:
a. For multiple-sala courts:
“Office of the Cerk of Ciurt, regional Trial Court, (Area)”
b. For single-sala courts:
“Regional Trial Court, (Area)”
2. Ministerial and immediate issuance of the writ of possession within seven (7) working
days upon the deposit to the court of the amount equivalent to the sum of one hudred
percent (100%) of the value of the land based on the current relevant zonal valuation of
the BIR issued not more than three (3) years prior to the filing of the expropriation
complaint; and,
3. Release of the interest earned in the deposited amount to the account of the owner of
the expropriated property, as adjudged by the court.

PARTY WALL
This is a wall at the dividing line of estate. Co-ownership governs the wall, hence
the party wall is necessarily a common wall.
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 The presumption of being a party wall is rebutted by a title, exterior sign or proof
to the contrary:
1. In dividing walls of adjoining buildings up to the point of common elevation;
2. In dividing walls of gardens or yards situated in cities, towns, or in rural
communities; and
3. In fences, walls and live hedges dividing rural lands.

Exterior signs negativing the existence of a party wall

a. Whenever in the dividing wall of buildings there is a window or opening;
b. Whenever the dividing wall is, on one side, straight and plumb on all its facement,
and on the other, it has similar conditions on the upper part, but the lower part
slants or projects outward;
c. Whenever the entire wall is built within the boundaries of one of the estates;
d. Whenever the dividing wall bears the burden of the binding beams, floors and roof
frame of one of the buildings, but not those of the others;
e. Whenever the dividing wall between courtyards, gardens and tenements is
constructed in such a way that the coping sheds the water upon only one of the
estates;
f. Whenever the dividing wall, being built of masonry, has stepping stones, which at
certain intervals project from the surface on one side only, but not on the other;
and
g. Whenever lands enclosed by fences or live hedges adjoin others that are not
enclosed.

In case of conflict between a TITLE and an EXTERIOR SIGN, the TITLE PREVAILS!!

The cost of repairs and construction of party walls and maintenance of fences, live
hedges, ditches, and drains owned in common, shall be borne by all the owners of the
lands or tenements having the party wall in their favor, in proportion to the right of each.

Nevertheless, any owner may exempt himself from contributing to this charge by
renouncing his part-ownership, except when the party wall supports a building belonging
to him. (Art. 662)

Right to Increase the Height

A part owner has the right to increase the height of the wall at his own expense
and with the obligation to pay damages incurred by other part owners.

EASEMENT OF LIGHT AND VIEW

(a) the easement of LIGHT – jus luminum(as in the case of small windows, not
more than 30 cm. square, at the height of the ceiling joist, the purpose of
which is to admit light, and a little air not VIEW.)
(b) the easement of VIEW – servidumbre prospectus (as in the case of full or regular
windows overlooking the adjoining estate. Incidentally, although the principal
purpose here is VIEW, the easement of light is necessarily included, as well

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 as the easement of altius non tollendi(not to build higher for the purpose
of obstruction)

Light and View

Period of prescription
1. If it is through a party wall – from the time of OPENING of the window;
2. If it is through a wall on the dominant estate – from the time of the FORMAL
PROHIBITION upon the proprietor of the adjoining land or tenement.

Rules on restricted windows

1. Maximum size – not more than 30 cm. in length or width;
2. There must be an iron grating imbedded in the wall;
3. There must be a wire screen;
4. The opening must be at the height of the ceiling joists or immediately under the
ceiling.

Rules on regular windows

Windows having direct views – at least 2 meters distance between the wall having
the windows and the boundary line, measured from the outer line of the wall when the
openings do not project, from the outer line of the latter when they do.
Windows having side or oblique views– at least 60 cm. between the boundary line
and the nearest edge of the window, measured from the dividing line between the two
properties.
Balconies or belvederes overlooking an adjoining property – at least three meters at
the points specified.

What are the Limitations are for?

The limitations are for the opening or construction of windows, apertures,
balconies and the like. It is not a limit for the construction of a wall. The owner can
construct a wall in his land up to the boundary or dividing line but he CANNOT OPEN a
window.

Rules Regarding Intrusions or Extensions of Branches and Roots:

(a) Branches – adjacent owner has the right to demand that they be cut off (insofar as
they spread over his property).
(b) Roots – he may cut them off himself (because by accession & incorporation he has
acquired ownership over them.)

Rules as to fruits:
(a) if the fruits still hang on to the tree, they are still owned by the tree owner;
(b) It is only after they have naturally fallen (not taken down by poles or
shaken) that they belong to the owner of the invaded land.

Rules With respect to the Planting trees

1. Tall trees – 2 m from boundary line to center of tree;
2. Small trees/shrubs – 50 cm from boundary line to center of tree or shrub.
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Subjacent and lateral support
1. Subjacent – supported land is above the supporting land;
2. Lateral – both the land being supported and the supporting land are on the
same plane.
No proprietor shall make such excavations upon his land as to deprive any
adjacent land or building of sufficient lateral or subjacent support.

LATERAL AND SUBJACENT SUPPORT

No proprietor shall make such excavations upon his land as to deprive any
adjacent land or building of sufficient lateral or subjacent support. (Art. 684)
The support is lateral when both the land being supported and the supporting
land are on the same plane; when the supported land is above the supporting land, the
support is subjacent.
An owner of a subdivision can properly impose on its contracts selling the lots to
private owners that the buyers cannot build factories thereon. In a sense this is an
easement, and makes evident the intent to make the subdivision a residential. This is a
valid contractual provision which, while it restricts the free use of the land by the owner is
nonetheless not contrary to public policy. (Trias vs. Araneta, L-20786, October 30, 1965)

Extinguishment of Easements
1. By merger in the same person of the ownership of the dominant and servient
estates;
2. By non-user for ten years;
3. When either or both of the estates fall into such condition that the easement
cannot be used;
4. By the expiration of the term or the fulfillment of the condition, if the easement
is temporary or conditional;
5. By the renunciation of the owner of the dominant estate; and
6. By the redemption agreed upon between the owners of the dominant and
servient estates.

1. MERGER
Must be absolute, complete and not temporary.

2. NON-USER for 10 YEARS

Non-user refers to an easement that has once been used because one cannot
discontinue using what one has never used.

From what TIME / PERIOD to compute:

1) If a discontinuous easement (like the right of way) from the time it ceased to be
used;

2) If a continuous easement (like aqueduct) from the day on which an act contrary
to the same took place.

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3. BAD CONDITION OF THE TENEMENT OR IMPOSSIBILITY OF USE
This merely suspends the easement since possibility of use revives the easement.

4. EXPIRATION OF THE TERM OR FULFILLMENT OF THE CONDITION

Easements ceases after the end of the term agreed upon or after the fulfillment of the
condition.

5. RENUNCIATION BY THE OWNER OF THE DOMINANT ESTATE

Renunciation must be express, clear and specific. This is particularly true for
discontinuous easements.

6. REDEMPTION AGREED UPON;

This is voluntary redemption, existing because of an express stipulation.
The stipulation may provide conditions under which the easement would be
extinguished.

NUISANCE
Definition
Any act, omission, establishment, business, condition of property, or anything else
which:
1. Injures or endangers the health or safety of others; or
2. Annoys or offends the senses; or
3. Shocks, defies or disregards decency or morality; or
4. Obstructs or interferes with the free passage of any public highway or street, or
any body of water; or
5. Hinders or impairs the use of property.

(1) INJURES OR ENDANGERS THE HEALTH OR SAFETY OF OTHERS

Ex. Houses and similar constructions without building permits and without
provisions for the disposal of waste matter, particularly if constructed near the main
water pipelines; A prostitution house within the subdivision residential area;
Firecrackers factory in the middle of a residential area; an open dumpsite in a
residential area; and an old 3-storey building about to collapse.

(2) ANNOYS OR OFFENDS THE SENSES

Ex. Too much horn blowing; a leather factory; garbage cans, playing a sound
system to full volume early in the morning in a residential area;

(3) SHOCKS, DEFIES OR DISREGARDS DECENCY OR MORALITY

Ex. A house of prostitution near the school; public exhibition of a naked
woman; a massage parlor serving as front of prostitution; A disco pub which holds public
exhibition of naked dancers; and a house with videos showing indecent pictures, nude
and sex films for a fee.
(4) OBSTRUCTS OR INTERFERES WITH THE FREE PASSAGE OF ANY PUBLIC
HIGHWAY OR STREET OR ANY BODY OF WATER

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 Ex. House constructed on public streets; market stalls and residences
constructed on a public plaza; squatter shanties and houses in creeks and very near
the seashore.
(5) HINDERS OR IMPAIRS THE USE OF PROPERTY.
Ex. Illegal constructions on another’s land.

CLASSIFICATIONS
Old Classification
1. Nuisance per se – always a nuisance;
2. Nuisance per accidens – a nuisance only because of the location or other
circumstances.

According to Relief
1. Actionable
2. Non-actionable

According to Manner of Relief

1. Those abatable by criminal and civil actions;
2. Those abatable only by civil actions;
3. Those abatable judicially;
4. Those abatable extrajudicially.

Perez vs. Madrona(668 SCRA 696) (2012)

Unless a thing is a nuisance per se, it may not be abated summarily without judicial
intervention.
By its nature, a fence is not injurious to the health or comfort of the community:
Not being a nuisance per se, but at most nuisance per accidens, its summary abatement
without judicial intervention is unwarranted.

Rana vs. Wong(G.R. No. 192861, June 30, 2014)

In Estate of Gregoria Francisco v. Court of Appeals, this Court held:
Respondents can not seek cover under the general welfare clause authorizing the
abatement of nuisances without judicial proceedings. That tenet applies to a nuisance per
se, or one which affects the immediate safety of persons and property and may be
summarily abated under the undefined law of necessity. The storage of copra in the
quonset building is a legitimate business. By its nature, it can not be said to be injurious to
rights of property, of health or of comfort of the community. If it be a nuisance per
accidens it may be so proven in a hearing conducted for that purpose. It is not per se a
nuisance warranting its summary abatement without judicial intervention.
In Pampanga Bus Co., Inc. v. Municipality of Tarlac, where the appellant-
municipality similarly argued that the terminal involved therein is a nuisance that may be
abated by the Municipal Council via an ordinance, this Court held: "Suffice it to say that in
the abatement of nuisances the provisions of the Civil Code (Articles 694-707) must be
observed and followed. This appellant failed to do.
Aside from the remedy of summary abatement which should be taken under the
parameters stated in Articles 70454 (for public nuisances) and 70655 (for private
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nuisances) of the Civil Code, a private person whose property right was invaded or
unreasonably interfered with by the act, omission, establishment, business or condition of
the property of another may file a civil action to recover personal damages. Abatement
may be judicially sought through a civil action therefor if the pertinent requirements under
the Civil Code for summary abatement, or the requisite that the nuisance is a nuisance per
se, do not concur. To note, the remedies of abatement and damages are cumulative;
hence, both may be demanded.
In the present cases, Wong, et al. availed of the remedy of judicial abatement and
damages against Sps.Rana, claiming that both the elevated and cemented subject portion
and the subject backfilling are "nuisances" caused/created by the latter which curtailed
their use and enjoyment of their properties.(Rana vs. Wong)
With respect to the elevated and cemented subject portion, the Court finds that
the same is not a nuisance per se. By its nature, it is not injurious to the health or comfort
of the community. It was built primarily to facilitate the ingress and egress of Sps. Rana
from their house which was admittedly located on a higher elevation than the subject road
and the adjoining Uy and Wong-Ong properties.Since the subject portion is not a
nuisance per se(but actually a nuisance per accidens as will be later discussed) it cannot be
summarily abated. As such, Wong, et al.’s demolition of Sps. Rana’s subject portion, which
was not sanctioned under the RTC’s November 27, 1997 Order,remains unwarranted.
Resultantly, damages ought to be awarded in favor of Sps. Rana particularly that of (a)
nominal damages – for the vindication and recognition of Sps. Rana’s right to be heard
before the court prior to Wong, et al.’sabatement of the subject portion (erroneously
perceived as a nuisance per se) – and (b) temperate damages – for the pecuniary loss
owing to the demolition of the subject portion, which had been established albeit
uncertain as to the actual amount of loss. (Rana vs. Wong)

According to the Civil Code

Public– affects a community or neighborhood or any considerable number of
persons, although the extent of the annoyance, danger or damage upon individuals may
be unequal;
Remedies
1. A prosecution under the Penal Code or any local ordinance; or
2. A civil action; or
3. Abatement, without judicial proceedings.

Private– that which is not public.

Remedies
1. A civil action; or
2. Abatement, without judicial proceedings.

Attractive Nuisance Doctrine

One who maintains on his estate or premises an attractive nuisance without
exercising due care to prevent children from playing therewith or resorting thereto, is
liable to a child of tender years who is injured thereby, even if the child is technically a
trespasser in the premises.
This doctrine does not apply to bodies of water, artificial or natural, in the absence
of some unusual condition or artificial feature other than the mere water in its location.
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Effect of Lapse of time
The action to abate a public or private nuisance is not extinguished by prescription.
The district health officer shall take care that one or all of the remedies against a
public nuisance are availed of. (Art. 700)
If a civil action is brought by reason of the maintenance of a public nuisance, such
action shall be commenced by the city or municipal mayor. (Art. 701)

When a Private Person may sue on Account of a Public Nuisance?

ANSWER: If the public nuisance is specially injurious to himself.

What is the nature of action?

The action may be for injunction, abatement or for damages.

Requisites for Extrajudicial Abatement of a Public Nuisance:

(1) Demand must be first made upon the owner or possessor of the property to
abate the nuisance;
(2) Demand has been rejected;
(3) The abatement be approved by the district health officer and executed with the
assistance of the local police; and
(4) The value of the destruction does not exceed three thousand pesos.

PRIVATE NUISANCE
Any person injured by a private nuisance may abate it by removing, or if necessary
by destroying the thing which constitutes the nuisance, without committing a breach of
the peace or doing unnecessary injury. However, it is indispensable that the procedure for
extrajudicial abatement of a public nuisance by a private person be followed.
Land Registration

Abad vs. Guimba (July 29, 2005)

The main purpose of land registration covered by PD 1529, is to facilitate
transactions relative to real estate by giving the public the right to rely upon the face of
the Torrens Certificate of Title. Therefore, as a rule, the purchaser is not required to
explore further than what the certificate indicates on its face. This, rule, however, applies
only to innocent purchasers for value and in good faith; it excludes a purchaser who has
knowledge of a defect in the title of the vendor, or of facts sufficient to induce a
reasonably prudent man to inquire into the status of the property. Under Section 32 of PD
1529, an innocent purchaser for value is deemed to include an innocent mortgagee for
value.
The law requires a higher degree of prudence from one who buys from a person
who is not the registered owner, although the land object of the transaction is registered.
A person who deals with registered land through someone who is not the registered
owner is expected to look behind the certificate of title and examine all the factual
circumstances, in order to determine if the mortgagor or vendor has the capacity to
transfer any interest in the land. Although the instant case does not involve a sale but only
a mortgage, the same rule applies in as much as the law itself includes a mortgagee in the
term purchaser.
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OLIVEROS vs. SAN MIGUEL CORPORATION (664 SCRA 233, [2012])
The principle that the earlier title prevails over a subsequent one applies when
there are two apparently valid titles over a single property. The existence of the earlier
valid title renders the subsequent title applies void because a single property cannot be
registered twice.

Pico vs. Adalim-Salcedo(G.R. No. 152006, October 2, 2009)

A title, once registered, cannot be defeated, even by adverse, open and notorious
possession. The title, once registered, is notice to the world. All persons must take notice.
No one can plead ignorance of the registration.

Vda. de Agatep vs. Rodriguez (G.R. No. 170540, October 28, 2009)
It is settled that registration in the public registry is notice to the whole world.
Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry
affecting registered land shall, if registered, filed or entered in the Office of the Register of
Deeds of the province or city where the land to which it relates lies, be constructive notice
to all persons from the time of such registering, filing or entering. Under the rule of notice
, it is presumed that the purchaser has examined every instrument of record affecting the
title. Such presumption may not be rebutted . he is charged with notice of every fact
shown by the record and is presumed to know every fact shown by the record and to
know every fact which an examination of the record would have disclosed. This
presumption cannot not be overcome by any claim of innocence or good faith. Otherwise,
the very purpose and object of the law requiring a record would be destroyed. Such
presumption cannot be defeated by proof of want of knowledge of what the record
contains any more than one may be permitted to show that he was ignorant of the
provision of the law. The rules that all persons must take notice of the facts which the
public record contains is a rule of law. The rule must be absolute; any variation would lead
to endless confusion and useless litigation.

Luna vs. Cabales (G.R. No. 173533, December 14, 2009)

While every person dealing with registered land can safely rely on the correctness
of the certificate of title issued therefor and the law will in no way oblige to go beyond the
certificate to determine the condition of the property, one will not be permitted to benefit
from the general rule if there exist important facts which create suspicion to call for an
investigation of the real condition of the land. One who deliberately ignores a significant
fact which would naturally generate awareness is not an innocent purchaser for value.

Encinares vs. Achero(G.R. No. 161419, August 25,2009)

A Free Patent may be issued where the applicant is a natural-born citizen of the
Philippines; is not the owner of more than than 12 hectares of land; has constinuously
occupied and cultivated, either by himself or through his predecessors-in-interest, a tract
or tracts of agricultural public land subject to disposition, for at least 30 years prior to the
effectivity of RA 6940; and has paid the real property taxes thereon while the same has not
been occupied by any other person.
Once a patent is registered and the corresponding certificate of title is issued, the
land covered thereby ceases to be part of public domain, becomes private property, and
86
the Torrens Title issued pursuant to the patent becomes indefeasible upon the expiration
of 1 year from the date of such issuance. However, a title emanating from a free patent
which was secured through fraud does not become indefeasible, precisely because the
patent from whence the title sprung is itself void and of no effect whatsoever.

DIFFERENT MODES OF ACQUIRING OWNERSHIP:

(a) Original Modes (independent of any pre-existing or preceding title or right of
another):
a.1. Occupation;
a.2. Creation of work.
(b) Derivative Modes (somebody else was the owner before)
b.1. Succession;
b.2. Donation;
b.3. Prescription;
b.4. Law.

OCCUPATION
It is a mode of acquiring ownership through seizure of appropriable corporeal
personal property without an owner.
The personal property that may be seized includes res nullus such as animals that are
the object of fishing and hunting, hidden treasure and abandoned movables.

Requisites of OCCUPATION:
1. The thing must be seized;
2. The thing seized must be appropriable corporeal personal property;
3. The thing must be without an owner – either res nullus or abandoned;
4. There must be animus – intent to appropriate; and
5. Compliance with legal requirements for the specific property seize must be
complied with.

TRADITION OR DELIVERY
Ownership is acquired if the object is placed in the control and possession of the
transferee by virtue of a contract. The delivery may be actual of constructive.

DONATION
Definition
An act of liberality whereby a person disposes gratuitously of a thing or right in favor
of another, who accepts it. It also includes:
(1) giving to another a thing or right on account of the latter’s merits or of the services
rendered by him to the donor, provided they do not constitute a demandable debt
(2) giving to another a thing or right and imposes upon the donee a burden which is
less than the value of the thing given.

Requisites
(1) Donor must have the capacity to make the donation;
(2) He must have donative intent (animus donandi);
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 (3) There must be delivery; and
(4) Donee must accept or consent to the donation (must be made during the lifetime
of the donor and the donee).
Perfection takes place not from the time of acceptance by the donee but
from the time acceptance is made known actually or constructively, to the
donor.

Republic vs. Spouses Llamas (G.R. No. 194190, January 25, 2015)
To be considered a donation, an act of conveyance must necessarily proceed freely
from the donor's own, unrestrained volition. A donation cannot be forced: it cannot arise
from compulsion, be borne by a requirement, or otherwise be impelled by a mandate
imposed upon the donor by forces that are external to him or her. Article 726 of the Civil
Code reflects this common sensical wisdom when it specifically states that conveyances
made in view of a "demandable debt" cannot be considered true or valid donations.
In jurisprudence, animus donandi (that is, the intent to do an act of liberality) is an
indispensable element of a valid donation, along with the reduction of the donor's
patrimony and the corresponding increase in the donee’s patrimony.
Section 31 of PD 957's compulsion to donate (and concomitant compulsion to
accept) cannot be sustained as valid. Not only does it run afoul of basic legal concepts; it
also fails to withstand the more elementary test of logic and common sense. As opposed
to this, the position that not only is more reasonable and logical, but also maintains
harmony between our laws, is that which maintains the subdivision owner's or developer's
freedom to donate or not to donate. This is the position of the 1998 White Plains Decision.
Moreover, as this 1998 Decision has emphasized, to force this donation and to preclude
any compensation-is to suffer an illegal taking. (Republic vs. Spouses Llamas)

Santos vs. Alana (G.R. No.154942, August 16, 2005)

It bears reiterating that under Article 752 of the Civil Code, the donation is
inofficoius if it exceeds this limitation – no person may give or receive, by way of donation,
more than he may give or receive by will. In Imperial vs. Court of Appeals, we held that
inofficiousness may arise only upon the death of the donor as the value of donation may
then be contrasted with the net value of the estate of the donor deceased.
At this point, we emphasize that as found by the trial court, Gregorio did not sell
the lot to petitioner. He donated it. The trial court also found that the donation is
inofficious as it impairs respondent’s legitime; that at the time of Gregorio’s death, he left
no property other than the lot now in controversy he donated to petitioner; and that the
deceased made no reservation for the legitime of respondent, his daughter and
compulsory heir. Pursuant to Article 752 earlier cited, Gregorio could not donate more
than he may give by will. Clearly, by donating the entire lot to petitioner, we agree with
both lower courts that Gregorio’s donation is inofficious as it deprives respondent of her
legitime, which, under Article 888 of the Civil Code, consists of one-half (1/2) of the
hereditary estate of the father and the mother.

DONATION INTER VIVOS DONATION MORTIS CAUSA

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takes effect independently of the donor’s takes effect upon the death of the donor
death

title conveyed to the donee before the title conveyed upon donor’s death
donor’s death

valid if donor survives donee void if donor survives donee

generally irrevocable during donor’s life always revocable

time

must comply with the formalities must comply with the formalities required by law
required by Articles 748 and 749 of the for the execution of wills
CC

Void Donations
(1) Those made between persons who are guilty of adultery or concubinage at the
time of the donation;
(2) Those made between persons found guilty of the same criminal offense, in
consideration thereof; and
(3) Those made to a public officer or his wife, descendants and ascendants, by reason
of his office.
(4) Those between spouses during their marriage, or that made to the person of
whom the other spouse is a presumptive heir, except moderate gifts (Art. 87 of FC).

Forms of Donations
1. Donations of Movable Property
a. With simultaneous delivery of property donated
- Value is P5,000 or less – oral or written;
- Value exceeds P5,000 – written in public or private document.
b. Without simultaneous delivery – the donation and acceptance must be
written in a public or private instrument, regardless of value.

2. Donations of Immovable Property

a. Must be in a public instrument specifying the property donated and the
burdens to be assumed by the donee, regardless of value;
b. Acceptance must be either:
- in the same instrument; or
- in another public instrument, notified to the donor in authentic form, and
noted in both deeds.

Effects of Donations
1. Donee may demand the delivery of the thing donated;
2. Donee is subrogated to the rights of the donor in the property;
3. In donations propter nuptias, the donor must release the property from
encumbrances, except servitudes;

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 4. Donor’s warranty exists if:
a. expressed;
b. donation is propter nuptias;
c. donation is onerous;
d. donor is in bad faith.
5. When the donation is made to several donees jointly, they are entitled to equal
portions, without accretion, unless the contrary is stipulated.

Acts of Ingratitude
1. Commission by the donee of some offense against the person, honor or property
of the donor, or of his wife or children under his parental authority;
2. Imputation by the donee to the donor any criminal offense, or any act involving
moral turpitude, even though he should prove it, unless the crime or act has been
committed against the donee himself, his wife or children under his authority.
3. Refusal to support the donor.

Revocation of Donation

GROUNDS PRESCRIPTION TRANSMISSI- EFFECT OF LIABILITY FOR

OF ACTION BILITY OF REVOCATION FRUITS
ACTION
Birth, Within 4 years Transmitted to Property must Donee must
appearance or from birth of children and be returned or return the fruits
adoption of a the 1st child, descendants of its value if sold, accruing from
child legitimation, donor upon his or redeem the the filing of the
adoption, death mortgage with complaint
judicial the right to
declaration of recover the
filiation or property
receipt of
information of
existence
Non- Within 4 years Transmitted to Property Donee must
compliance from non- donor’s heirs returned, return the fruits
with conditions compliance against the alienations and received after
donee’s heirs mortgages are non-fulfillment
void subject to of the condition
the rights of 3rd
persons against
the donee
Act of Within 1 year Not transmitted Property to be Donee must
ingratitude from to heirs of the returned; return the fruits
knowledge of donor alienations and accruing from
the act of mortgages the filing of the
ingratitude before notation complaint
of complaint in
the Registry of
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 Property subsist

GROUNDS PRESCRIPTION TRANSMISSI- EFFECT OF RIGHTS TO

OF ACTION BILITY OF REDUCTION FRUITS
ACTION
Failure of the Anytime during Not Donation Donee entitled
donor to the donor’s transmissible reduced to to the fruits
reserve lifetime extent
sufficient necessary to
means for provide support
support
Inofficiousness Within 5 years Transmissible to Donation Donee
from donor’s donor’s heirs effective during appropriates
death the donor’s fruits
lifetime subject
to reduction
only upon
death with
regard to the
excess
Birth, Anytime during Not Donation Donee
appearance or the lifetime of transmissible reduced to appropriates
adoption of a the donor extent fruits not
child necessary for affected by
support reduction; with
regard to the
excess, liable
for fruits
accruing from
the filing of the
complaint
Fraud against Within 4 years Transmissible to Property Fruits shall be
creditors from perfection creditors, heirs returned for the returned; if
of donation or or successors- benefit of unable to do
from in-interest creditors so, shall
knowledge subject to the indemnify the
right of donor’s
innocent 3rd creditors for
persons damages

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