Ra 386 Quiz 11

Property, Ownership and Its Modifications (RA 386, as amended)
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1. Property is a thing or things belonging to someone's posses-

sions collectively
2. property it belongs to an individual, entity, group of people,

or juridical person who is/are owners of that things
3. property is "considered as an object, is that which is, or may

be, appropriated" as defined in the Civil Code
4. things is broader in scope, because it includes both suit-

able and unsuitable objects
5. 1. Res nullius classifications of things

2. Res communes
3. Res alicuius
6. Res nullius belong to no one
7. Res nullius they have not been appropriated yet, like the fish
in the ocean, wild animals, wild birds, and pebbles
lying on the seashore
8. Res communes belonging to everyone like the air, wind, sunlight,

and starlight
9. Res alicuius belonging to someone
10. Res alicuius They are objects, tangible or intangible, privately

owned, whether collectively or individually (exam-
ple: books, money, shares of stock, and land).
11. Article 414 All things which are or may be the object of ap-
propriation are considered either immovable (real
property) or movable (personal property)
12. a. Immovable property Types of property according to its nature

(real property)
b. Movable property
(personal property)
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13. Immovable property Is a land, or any estate in land. It generally includes
(real property) whatever is built or growing upon the land.
14. Movable property (per- Is all property other than real property.
sonal property)
15. Movable property (per- is either consumable or non-consumable

sonal property)
16. Immovable (real prop- 1. Land, buildings, roads, and constructions of all
erty) kinds adhered to the soil;
2. Trees, plants, and growing fruits, while they are
attached to the land or form an integral part of an
immovable;
3. Everything attached to an immovable in a fixed
manner, in such a way that it cannot be separated
therefrom without breaking the material or deterio-
ration of the object;
4. Statues, reliefs, paintings or other objects for use
or ornamentation, placed in buildings or on lands by
the owner of the immovable in such a manner that
it reveals the intention to attach them permanently
to the tenements;
5. Machinery, receptacles, instruments or imple-
ments intended by the owner of the tenement for
an industry or works which may be carried on in
a building or on a piece of land, and which tend
directly to meet the needs of the said industry or
works;
6. Animal houses, pigeon-houses, beehives, fish
ponds or breeding places of similar nature, in case
their owner has placed them or preserves them with
the intention to have them permanently attached to
the land, and forming a permanent part of it; the
animals in these places are included;
7. Fertilizer actually used on a piece of land;
8. Mines, quarries, and slag dumps, while the mat-
ter thereof forms part of the bed, and waters either
running or stagnant;
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9. Docks and structures which, though floating, are
intended by their nature and object to remain at a
fixed place on a river, lake, or coast;
10. Contracts for public works, and servitudes and
other real rights over immovable property. (334a)
17. Consumable this cannot be used according to its nature without

being consumed
18. Non-consumable any other kind of movable property
19. 1. Public Dominion Types of Property According to Ownership

2. Private Ownership
20. Public Dominion intended for public use such as, roads, streets,
canals, rivers, ports, bridges, constructed by State
21. Private Ownership consists of all properties belongs to private per-

sons, either individually or collectively
22. Property of Public Do- • Those intended for public use, such as roads,
minion canals, rivers, torrents, ports and bridges construct-
ed by the State, banks, shores, roadsteads, and
others of similar character;
• Those which belong to the State, without being for
public use, and are intended for some public ser-
vice or for the development of the national wealth.
23. Patrimonial Property owned by the State in its private capacity
24. Patrimonial Property These may be disposed of only through sale by

the government, and the proceeds will be deposit-
ed in the National Treasury. Examples: friar lands,
escheated properties
25. Article 421 All other property of the State, which is not of the
character stated in the preceding article, is patrimo-
nial property.
26. Article 422

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Property of public dominion, when no longer intend-
ed for public use or for public service, shall form part
of the patrimonial property of the State.
27. Article 423 The property of provinces, cities, and municipalities

is divided into property for public use and patrimo-
nial property.
28. Article 424 Property for public use, in the provinces, cities, and
municipalities, consist of the provincial roads, city
streets, municipal streets, the squares, fountains,
public waters, promenades, and public works for
public service paid for by said provinces, cities, or
municipalities.
29. Public Use and Patri- The property of provinces, cities, and municipalities
monial Property is divided into property for...
30. patrimonial property of Property of public dominion, when no longer intend-

the State ed for public use or for public service, shall form part
of the...
31. Article 425 Property of private ownership, besides the patri-

monial property of the State, provinces, cities, and
municipalities, consists of all property belonging to
private persons, either individually or collectively.
32. Ownership is defined as the legal relation between a person

(i.e., the owner) and an object (Editors of Encyclo-
pedia Britannica, 2020)
33. Ownership is the independent and general right of a person

to control a thing particularly in his possession,
enjoyment, disposition and recovery, subject to no
restrictions except those imposed by the state or
private persons, without prejudice to the provisions
of the law
34. those imposed by the is the independent and general right of a person
state or private per- to control a thing particularly in his possession,
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sons, without preju- enjoyment, disposition and recovery, subject to no
dice to the provisions restrictions except...
of the law
35. Article 427 Ownership may be exercised over things or rights.
36. ownership may be exercised over things or rights
37. - full ownership Types of ownership

- naked ownership
- sole ownership
- co-ownership
38. full ownership a.k.a dominium or jus in re propia
39. full ownership The owner has all the rights to ownership such as
the right to possess, use and enjoy the property, to
the fruits, accessories, to consume the thing by its
use, dispose or alienate or vindicate and recover.
40. Article 428 of RA 386 The owner has the right to enjoy and dispose of
a thing, without other limitations than those estab-
lished by law. The owner has also a right of action
against the holder and possessor of the thing in
order to recover it.
41. naked property a.k.a nuda proprietas
42. naked property The owner is denied for his rights to use and to the
fruits.
43. Usufruct gives a 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
44. full ownership Naked ownership plus usufruct equals...
45. usufruct full ownership minus naked ownership equals
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46. naked ownership full ownership minus usufruct
47. Sole ownership The ownership is only vested in one person.
48. Co-ownership This refers to ownership rights to own a whole

property together with the others and at the same
time owner of an aliquot part thereof.
49. 1. Right to enjoy Rights of owner under Civil Code

2. Right to dispose
3. Right to recover
or vindicate (jus vindi-
candi)
50. a. the right to possess The right to enjoy includes:

b. the right to use
c. the right to the fruits
51. a. Jus possidendi Rights of the owner under Roman Law

b. Jus utendi
c. Jus fruendi
d. Jus abutendi
e. Jus disponendi
f. Jus vindicandi
52. Jus possidendi The right to possess
53. Jus utendi the right to use
54. Jus fruendi the right to the fruits
55. Jus abutendi the right to consume (and also to transform or

abuse)
56. Jus disponendi the right to dispose, alienate, encumber, or destroy

the property
57. Jus vindicandi the right to recover the property against the holder
or possessor
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58. 1. Right to Possess Rights of the Owner who has Full Ownership
(jus possedendi)
2. Right to Use and En-
joy (jus utendi)
3. Right to Receive the
Fruits & Accessories
(jus fruendi)
4. Right to Abuse and
Consume (jus abuten-
di)
5. Right to Dispose or
Alienate (jus disponen-
di)
6. Right to Recov-
er Possession and/or
Ownership (jus vindi-
candi)
7. Right to Construct
any work or make plan-
tation or excavation
8. Right to have own-
ership of the Hidden
treasures found in the
property;
9. Right to Exclude oth-
ers; and 10.Right to
Fence the property.
59. Article 429 The owner or lawful possessor of a thing has the
right to exclude any person from the enjoyment and
disposal thereof. For this purpose, he may use such
force as may be reasonably necessary to repel or
prevent an actual or threatened unlawful physical
invasion or usurpation of his property.
60. Article 430 Every owner may enclose or fence his land or ten-
ements by means of walls, ditches, live or dead
hedges, or by any other means without detriment
to servitudes constituted thereon.
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61. Article 431 The owner of a thing cannot make use thereof in
such manner as to injure the rights of a third person.
62. Article 432 The owner of a thing has no right to prohibit the
interference of another with the same, if the interfer-
ence is necessary to avert an imminent danger and
the threatened damage, compared to the damage
arising to the owner from the interference, is much
greater. The owner may demand from the person
benefited indemnity for the damage to him.
63. Article 433 Actual possession under claim of ownership rais-

es disputable presumption of ownership. The true
owner must resort to judicial process for the recov-
ery of the property.
64. Article 434 In an action to recover, the property must be iden-

tified, and the plaintiff must rely on the strength of
his title and not on the weakness of the defendant's
claim.
65. Article 435 No person shall be deprived of his property except

by competent authority and for public use and al-
ways upon payment of just compensation.
66. courts Should this requirement be not first complied with,

the ______ shall protect and, in a proper case,
restore the owner in his possession.
67. Article 437 The owner of a parcel of land is the owner of its
surface and of everything under it, and he can con-
struct thereon any works or make any plantations
and excavations which he may deem proper, with-
out detriment to servitudes and subject to special
laws and ordinances. He cannot complain of the
reasonable requirements of aerial navigation.
68. Article 438 Hidden treasure belongs to the owner of the land,
building, or other property on which it is found.
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69. one-half thereof shall When the discovery of a treasure is made on the
be allowed to the finder property of another, or of the State or any of its
subdivisions, and by chance, who will benefit the
treasure?
70. he shall not be enti- If the finder is a trespasser can he benefit from the
tled to any share of the treasure?
treasure
71. the State If the things found be of interest to science of the

arts, who have the right to acquire them at their just
price, which shall be divided in conformity with the
rule stated
72. Article 439 By treasure is understood, for legal purposes, any

hidden and unknown deposit of money, jewelry,
or other precious objects, the lawful ownership of
which does not appear.
73. Accession is the right pertaining to the owner of a thing over

everything which is produced thereby, or which is
incorporated or attached thereto, either naturally or
artificially
74. Accession It usually involves the improvement or addition of

value to an existing property.
75. Article 440 The ownership of property gives the right by ac-
cession to everything which is produced thereby,
or which is incorporated or attached thereto, either
naturally or artificially.
76. a. the natural fruits Art. 441. To the owner belongs:

b. the industrial fruits
c. the civil fruits
77. a. natural fruits Types of fruits

b. industrial fruits
c. civil fruits
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78. natural fruits or spontaneous products of the soil, and the young
and other products of animals
79. industrial fruits or those produced by lands of any kind through

cultivation and labor
80. civil fruits or rents of buildings, the price of leases of lands and
other property and the amount of perpetual or life
annuities, or other similar income
81. Article 443 He who receives the fruits has the obligation to
pay the expenses made by a third person in their
production, gathering, and preservation.
82. Article 444 Only such as are manifest or born are considered
as natural or industrial fruits. With respect to ani-
mals, it is sufficient that they are in the womb of the
mother, although unborn.
83. the owner of the land Whatever is built, planted or sown on the land of
another and the improvements or repairs made
thereon, belong to whom?
84. the owner According to Arti. 446, RA 386, all works, sowing,
and planting are presumed made by _____ and at
his expense, unless the contrary is proved.
85. refers to acting honestly, sincerely, and without any

fraudulent or deceptive intentions
86. Good Faith In legal contexts, acting in good faith is often seen
as a positive quality, and it can protect individuals
from certain legal consequences.
87. Bad faith involves acting with dishonesty, deceit, or fraudu-

lent intent
88. Bad faith In legal contexts, acting in bad faith can lead to
legal penalties, as it is seen as unethical and unfair
behavior.
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89. Good Faith If one party negotiates a contract with the honest
belief that the terms are fair and beneficial to both
sides.
90. Bad Faith If one party intentionally misrepresents the terms of

the contract, hides important information, or tries to
manipulate the other party for personal gain.
91. Good Faith Someone buys a used car, genuinely believing it

has never been in an accident because the seller
provided what appeared to be accurate documents.
Later, it's discovered that the seller was unaware of
a past accident history.
92. Bad Faith A company signs a contract with another business,

fully aware that they won't be able to deliver on their
promises but intending to collect payment anyway.
93. Bad Faith A landlord rents out an apartment, falsely claiming

it's in excellent condition while knowing there are
severe issues that need repair.
94. Good Faith Neighbors have a disagreement about the exact

location of their property boundaries. They work
together to hire a professional surveyor to settle the
matter, and both parties genuinely want a fair and
accurate resolution.
95. owner of the land who makes thereon, personally or through another,
plantings, constructions or works with the materials
of another, shall pay their value
96. owner of the materials Who shall have the right to remove them only in
case he can do so without injury to the work con-
structed, or without the plantings, constructions or
works being destroyed?
97. the landowner acted in the owner of the materials may remove them in any
bad faith event, with a right to be indemnified for damages
if...
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98. the owner of the land he shall also be obliged to the reparation of dam-
acted in bad faith ages if...
99. If someone owns Right to accession with respect to immovable prop-

land and another per- erty (good faith)
son builds something,
plants crops, or trees
on that land without
knowing (in good faith)
it belongs to someone
else, the owner of the
land can choose to ei-
ther:
1. Keep the things that
were built or planted
and pay the person
who did it a fair amount
of money (indemnity),
as specified in other
rules.
2. Make the person
who built or planted on
their land buy the land
from them, and if it was
just crops, pay rent for
using the land.
3. But, if the land is
worth a lot more than
the building or trees,
the person who built or
planted can't be forced
to buy the land. In that
case, they'll have to
pay reasonable rent to
the landowner, or the
landowner can choose
to keep the building or
trees by paying a fair
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amount to the person
who did the work.
100. the court who will decide for them if the people involved can't
agree on how much the rent should be?
101. • He who builds, plants Right to accession with respect to immovable prop-
or sows in bad faith erty (bad faith)
on the land of anoth-
er, loses what is built,
planted or sown with-
out right to indemnity.
(Art. 449, RA 386)
• The owner of the land
on which anything has
been built, planted or
sown in bad faith may
demand the demolition
of the work, or that the
planting or sowing be
removed, in order to
replace things in their
former condition at the
expense of the per-
son who built, planted
or sowed; or he may
compel the builder or
planter to pay the price
of the land, and the
sower the proper rent.
(Art 450, RA 386)
• The landowner is en-
titled to damages from
the builder, planter or
sower (Art. 451, RA
386)
• The builder, planter or
sower in bad faith is
entitled to reimburse-
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ment for the necessary
expenses of preserva-
tion of the land. (Art.
452, RA 386)
102. both had acted in good If there was bad faith, not only on the part of the
person who built, planted or sowed on the land of
another, but also on the part of the owner of such
land, the rights of one and the other shall be the
same as though...
103. bad faith It is understood that there is ______ on the part of

the landowner whenever the act was done with his
knowledge and without opposition on his part.
104. good faith In the cases regulated in the preceding articles,

______ does not necessarily exclude negligence,
which gives right to damages under article 2176.
105. Accretion is the gradual accumulation of solid materials on

the land adjoining to the river due to its current
106. to the owners of the According to article 457, RA 386, to whom does
land the accretion which they gradually receive from the
effects of the current of the waters?
107. owners of estates ad- They do not acquire the land left dry by the natural
joining ponds or la- decrease of the waters, or lose that inundated by
goons them in extraordinary floods.
108. six months Trees uprooted and carried away by the current of
the waters belong to the owner of the land upon
which they may be cast, if the owners do not claim
them how many months?
109. they shall pay the What shall the owners of the land do if they claim
expenses incurred in the trees uprooted and carried away by the current
gathering them or of the waters?
putting them in a safe
place
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110. the owners whose River beds which are abandoned through the nat-
lands are occupied by ural change in the course of the waters ipso facto
the new course in pro- belong to...
portion to the area lost
111. the owners of the lands They have the right to acquire the same by paying
adjoining the old bed the value thereof, which value shall not exceed the
value of the area occupied by the new bed.
112. C, to compensate him A and B each own land on opposite sides of a river.
for his loss. The river changed its course, passing though the
land of C. Who owns the abandoned river bed?
113. C and D, in proportion But suppose that two owners, C and D, lost portions
to the area lost. of their lands, who owns the river bed?
114. public dominion Whenever a river, changing its course by natural

causes, opens a new bed through a private estate,
this bed shall become of...
115. the owner of the land What happens whenever the current of a river di-
retains his ownership vides itself into branches, leaving a piece of land or
(He also retains it if a part thereof isolated?
portion of land is sep-
arated from the estate
by the current.)
116. State Islands which may be formed on the seas within

the jurisdiction of the Philippines, on lakes, and on
navigable or floatable rivers belong to...
117. the owners of the mar- Islands which through successive accumulation of
gins or banks nearest alluvial deposits are formed in non-navigable and
to each of them non-floatable rivers, belong to...
118. it shall be divided lon- What will happen to the owners of both margins if
gitudinally in halves the island is in the middle of the river?
119.
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the owner of the near- What will happen if a single island thus formed be
er margin shall be the more distant from one margin than from the other?
sole owner
120. co-ownership There is ____ whenever the ownership of an undi-

vided thing or right belongs to different persons.
121. proportional to their The share of the co-owners, in the benefits as well
respective interests as in the charges, shall be...
(Any stipulation in a
contract to the con-
trary shall be void.)
122. presumed equal The portions belonging to the co-owners in the

co-ownership shall be...
123. each co-owner They may use the thing owned in common, provid-
ed he does so in accordance with the purpose for
which it is intended.
124. judicially or extra-judi- How can co-ownership be terminated?

cially
125. after a period of ten If one of the co-owners is desirous to have his share
(10) years segregated, even without the desire of the other
co-owners, he can initiate only for what period of
time?
126. full ownership If an agreement is reached to partition the property

on the ground and each co-owner occupies his re-
spective share in spite of the absence of extra-judi-
cial partition, each co-owner shall have the ______
of his part.
127. • Generally, ownership Different modes of acquiring ownership

is acquired by pre-
scription.
• Subsequent owner-
ship may be transmit-
ted by
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¢Law
¢Donation
¢Testate or Intestate
succession ¢Tradition
¢ In consequence of
certain contract
128. prescription is a method of acquisition of untitled lands through

continuous, open, exclusive, adverse possession
in the concept of an owner for a certain period
prescribed by law.
129. • continuous Classifications of prescriptions

• exclusive
• open
• occupation
130. continuous no interruption for the statutory or required period
131. exclusive only the trespasser using the land
132. opne in actual possession and treat as if it is her/his

property
133. occupation physically possessing, occupying, using, or cultivat-

ing the land in the concept of an owner
134. 10 years period of Ordinary acquisitive prescription (good

faith)
135. 30 years period of Extraordinary acquisitive prescription

(bad faith)
136. By Law Lands of the public domain classified as agricultural

may be alienated or owned through homestead,
sale or grant, pursuant to the Public Land Act
137. by Donation • Gratuitous act

• Donation
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138. donation is an act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another,
who accepts it
139. Private grant Acquiring ownership through mutual understanding

like sale and other mode of consequences.
140. Involuntary grant Acquisition against the will of the former owner as
in foreclosure.
141. Accretion Gradual deposits of land along a navigable river.
142. Accretion Ownership automatically belongs to the owners of

the land adjoining the bank of the river.
143. Succession Or inheritance of the rights and obligations of a

person transmitted through his death to another or
others either by his will or by the operation of law.
144. 1. Police Power Limits of Ownership of a Property

2. Eminent Domain
3. Power Taxation
4. Escheat
145. Police Power is the power of the government of any of its instru-
mentalities or agencies to regulate private real es-
tate ownership to protect the health, safety, morals
and well being and general welfare of its citizens
146. Eminent Domain power of the government to take private property

for public use upon payment of just compensation
147. Power of Taxation government exacts taxes on property for the gen-
eral support of the state and for the maintenance of
public service
148. Escheat reversion of the property to the government when

the owner dies without leaving a will or heirs
149. Easement or Servitude

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is an encumbrance imposed upon an immovable
for the benefit of another immovable belonging to a
different owner
150. Servient Estate is the one that has an access to an existing right of
way
151. Dominant Estate is the one requesting or demanding passage to the

existing right of way
152. 1. continuous ease- Characteristics of Easement

ments
2. discontinuous ease-
ments
3. apparent easements
4. nonapparent ease-
ments
153. continuous easements are those the use of which is or may be incessant,
without the intervention of any act of man
154. discontinuous ease- are those which are used at intervals and depend
ments upon the acts of man
155. apparent easements are those which are made known and are continu-
ally kept in view by external signs that reveal the
use and enjoyment of the same
156. nonapparent ease- are those which show no external indication of their
ments existence
157. a. Positive Easement Kinds of Easements

b. Negative Easement
158. positive easement is one which imposes upon the owner of the
servient estate the obligation of allowing something
to be done or of doing it himself
159. negative easements
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prohibits the owner of the servient estate from do-
ing something which he could lawfully do if the
easement did not exist
160. easements are established either by law or by the will of the

owners. The former are called legal and the latter
voluntary easements
161. either by law or by the How can easements be established?

will
162. Legal Easements Private properties along creeks, rivers or other bod-
ies of water:
• Urban areas - 3 meters
• Agricultural - 20 meters
• Forested areas - 40 meters
163. 3 meters legal easement along urban areas
164. 20 meters legal easement along agricultural areas
165. 40 meters legal easement along forested areas
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Property, Ownership and Its Modifications (RA 386, as amended)

Study online at https://quizlet.com/_duhkue

1. Property is a thing or things belonging to someone's posses-

2. property it belongs to an individual, entity, group of people,

3. property is "considered as an object, is that which is, or may

4. things is broader in scope, because it includes both suit-

5. 1. Res nullius classifications of things

6. Res nullius belong to no one

8. Res communes belonging to everyone like the air, wind, sunlight,

9. Res alicuius belonging to someone

10. Res alicuius They are objects, tangible or intangible, privately

12. a. Immovable property Types of property according to its nature

15. Movable property (per- is either consumable or non-consumable

17. Consumable this cannot be used according to its nature without

18. Non-consumable any other kind of movable property

19. 1. Public Dominion Types of Property According to Ownership

21. Private Ownership consists of all properties belongs to private per-

23. Patrimonial Property owned by the State in its private capacity

24. Patrimonial Property These may be disposed of only through sale by

26. Article 422

27. Article 423 The property of provinces, cities, and municipalities

30. patrimonial property of Property of public dominion, when no longer intend-

31. Article 425 Property of private ownership, besides the patri-

32. Ownership is defined as the legal relation between a person

33. Ownership is the independent and general right of a person

35. Article 427 Ownership may be exercised over things or rights.

36. ownership may be exercised over things or rights

37. - full ownership Types of ownership

38. full ownership a.k.a dominium or jus in re propia

41. naked property a.k.a nuda proprietas

43. Usufruct gives a right to enjoy the property of another with

44. full ownership Naked ownership plus usufruct equals...

45. usufruct full ownership minus naked ownership equals

47. Sole ownership The ownership is only vested in one person.

48. Co-ownership This refers to ownership rights to own a whole

49. 1. Right to enjoy Rights of owner under Civil Code

50. a. the right to possess The right to enjoy includes:

51. a. Jus possidendi Rights of the owner under Roman Law

52. Jus possidendi The right to possess

53. Jus utendi the right to use

54. Jus fruendi the right to the fruits

55. Jus abutendi the right to consume (and also to transform or

56. Jus disponendi the right to dispose, alienate, encumber, or destroy

63. Article 433 Actual possession under claim of ownership rais-

64. Article 434 In an action to recover, the property must be iden-

65. Article 435 No person shall be deprived of his property except

66. courts Should this requirement be not first complied with,

71. the State If the things found be of interest to science of the

72. Article 439 By treasure is understood, for legal purposes, any

73. Accession is the right pertaining to the owner of a thing over

74. Accession It usually involves the improvement or addition of

76. a. the natural fruits Art. 441. To the owner belongs:

77. a. natural fruits Types of fruits

79. industrial fruits or those produced by lands of any kind through

85. refers to acting honestly, sincerely, and without any

87. Bad faith involves acting with dishonesty, deceit, or fraudu-

90. Bad Faith If one party intentionally misrepresents the terms of

91. Good Faith Someone buys a used car, genuinely believing it

92. Bad Faith A company signs a contract with another business,