PROPERTY

STUDY GUIDE FOR MT EXAM: Such rights which are considered property are of two
19 Aug 2019 kinds:

a. Real rights (jus in re) – is the right or interest belonging

I. PROPERTY to a person over a specific thing without a definite passive
subject against whom such right may be personally
enforced.
1. Definition/concept of property.
Examples of real rights:
Under the Civil Code, property, considered as an 1. Ownership or dominion (Art. 428)
object, is that which is, or may be, appropriated. (See 2. Surface right (Art. 437)
Article 414, NCC) -Paras 3. Civil possession (Art. 523)
4. Usufruct (Art. 502)
All things which are or may be the object of 5. Easement or servitude (Art. 613)
appropriation considered as either real or personal property. 6. Hereditary right (Art. 774)
-UST Golden Notes 7. Conventional or legal redemption (Arts. 1601,
1619)
2. Classifications of property. 8. Lease record (Art. 1676)
9. Pledge (Art. 2085)
1. As to mobility 10. Real Mortgage (Art. Art. 2124)
a. Immovable or real property 11. Antichresis (Art. 2132)
b. Movable or personal property 12. Chattel Mortgage (Art. 2140)
2. As to ownership
a. Public dominion Subject Matter of Real Rights:
b. Private ownership The res of a real right may be personal property,
3. As to alienability as in pledge and chattel mortgage; real property, as in
a. Alienable easement, lease record, real mortgage and antichresis; or
b. Inalienable wither personal or real property, as in ownership,
4. As to individuality possession, usufruct, hereditary right, and conventional or
a. Specific property legal redemption.
b. Generic property
5. As to susceptibility to touch b. Personal rights (jus in personam or jus ad rem; right
a. Tangible/corporeal of obligation) – is the right or power of a person (creditor
b. Intangible/incorporeal or obligee) to demand from another (debtor or obligor) as a
6. As to susceptibility to substitution definite passive subject, the fulfillment of the latter’s
a. Fungible obligation.
b. Non fungible Elements:
7. As to accession 1) active subject or the person in whom the right resides;
a. Principal 2) passive subject or the person against whom the right is
b. Accessory available;
8. As to existence 3) object or prestation or the conduct which must be
b. Existing or present property (res observed by the debtor which may consist in giving (a
existentes) thing or property), doing, or not doing; and
c. Future property (res futurae) 4) juridical or legal tie or that which binds the parties to
9. As to consumability the obligation. The tie in an obligation can easily be
a. Consumable determined by knowing the sources of the obligation, i.e.,
b. Non-consumable law, contract, quasi-contract, act or omission punished by
10. As to divisibility law, or quasi-delict. (Art. 1157)
a. Divisible
b. Indivisible 5. Memorize Art. 414 to 418.

3. Characteristics of property. Art. 414. All things which are or may be the object of
1. Utility – Capacity to satisfy human wants appropriation are considered either:
2. Substantivity/Individuality – it has a separate and (1) Immovable or real property; or
autonomous existence. It can exist by itself and not merely (2) Movable or personal property.
as a part of a whole.
3. Appropriability – susceptibility to ownership/possession, Art. 415. The following are immovable property:
even if not yet actually appropriated (1) Land, buildings, roads and constructions of all
kinds adhered to the soil;
4. What rights may be considered as property. (2) Trees, plants, and growing fruits, while they
General concept: The word “property” is used sometimes to are attached to the land or form an integral part of an
denote the thing with respect to which legal relations immovable;
between spouses exist – the res over which rights (3) Everything attached to an immovable in a
(particularly ownership) may be exercised – and sometimes fixed manner, in such a way that it cannot be separated
to the rights with respect to the thing.

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therefrom without breaking the material or deterioration of production, joint ventures or production-sharing
the object; agreements with private individuals or corporations for
(4) Statues, reliefs, paintings or other objects for their exploration, development and utilization.
use or ornamentation, placed in buildings or on lands by the
owner of the immovable in such a manner that it reveals the Legal Basis:
intention to attach them permanently to the tenements; Art. 420. The following things are property of public
(5) Machinery, receptacles, instruments or dominion:
implements intended by the owner of the tenement for an
industry or works which may be carried on in a building or (1) Those intended for public use, such as roads,
on a piece of land, and which tend directly to meet the canals, rivers, torrents, ports and bridges constructed by the
needs of the said industry or works; State, banks, shores, roadsteads, and others of similar
(6) Animal houses, pigeon-houses, beehives, fish character;
ponds or breeding places of similar nature, in case their (2) Those which belong to the State, without
owner has placed them or preserves them with the intention being for public use, and are intended for some public
to have them permanently attached to the land, and forming service or for the development of the national wealth.
a permanent part of it; the animals in these places are
included; Examples:
(7) Fertilizer actually used on a piece of land; 1. For public use – roads, canals (may be used by anybody)
(8) Mines, quarries, and slag dumps, while the 2. For public service – national government buildings,
matter thereof forms part of the bed, and waters either army rifles, army vessels (may be used only by duly
running or stagnant; authorized persons)
(9) Docks and structures which, though floating, 3. For the development of national wealth – national
are intended by their nature and object to remain at a fixed resources
place on a river, lake, or coast; b. Private Ownership – all properties not belonging to the
(10) Contracts for public works, and servitudes State or its political subdivision are properties of private
and other real rights over immovable property. ownership pertaining to private persons, either individually
or collectively.
Art. 416. The following things are deemed to be personal - refer to all property belonging to private persons either
property: individually or collectively and those belonging to the
(1) Those movables susceptible of appropriation State and any of its political subdivisions which are
which are not included in the preceding article; patrimonial in nature.
(2) Real property which by any special provision
of law is considered as personal property; Legal Basis:
(3) Forces of nature which are brought under Art. 425. Property of private ownership, besides the
control by science; and patrimonial property of the State, provinces, cities, and
(4) In general, all things which can be transported municipalities, consists of all property belonging to private
from place to place without impairment of the real property persons, either individually or collectively.
to which they are fixed.
Examples:
Art. 417. The following are also considered as personal 1. Collective ownership – co-ownership; ownership by
property: corporations, partnerships, and other juridical entities
(1) Obligations and actions which have for their 2. Personal property owned by private persons –
object movables or demandable sums; and automobile, jewelry, etc.
(2) Shares of stock of agricultural, commercial and 3. Real property owned by private persons – land
industrial entities, although they may have real estate. (commercial or residential) duly registerd in the Registry
of Property
Art. 418. Movable property is either consumable or
nonconsumable. To the first class belong those movables c. Patrimonial Property – is the property the State owns
which cannot be used in a manner appropriate to their but which is not devoted to public use, public service, or
nature without their being consumed; to the second class the development of the national wealth. It is the wealth
belong all the others. owned by the State in its private [capacity], as
distinguished from its public capacity.
6. Know the concepts of: public dominion, private - property over which the State has the same rights, and of
ownership, patrimonial property, property for public which it may dispose, to the same extent as private
use. individuals according to laws and regulations on the
7. Be able to give examples for each. procedure of exercising such rights. It exists for the State
to support the attainment of its economic ends, giving it the
a. Public dominion – ownership by the public in general. It means to exist. (Manresa)
may also mean properties or things held by the State by
regalian right. Examples:
- ownership by the State in that the State has control and 1. Income or rents of the State
administration. 2. Vacant lands without known owner or possessor
3. Property escheated to the State
GR: Properties classified as public dominion cannot be 4. Property acquired in execution and tax sales
alienated but are not totally outside the commerce of man 5. Property donated to the government
as the Constitution allows the State to enter into co- 6. Waterworks, slaughterhouses, markets, cemeteries

Midterms Reviewer in Property Sison, PKD

 2. Fischer is the owner of a ranch breeding Angus
d. Property for Public Use (under Property of political Cattle. Karpov is the owner of a neighboring ranch
subdivisions) – Property for public use, in the provinces, breeding Anguish Cattle, a breed of very inferior
cities and municipalities consist of the provincial roads, city quality. While Fischer was away, Karpov fraudulently
streets, municipal streets, the squares, fountains, public mixed his cattle with the Angus cattle of Fischer. Five
waters, promenades, and public works for public service years later, when Fischer returned, he saw that his
paid for by said provinces cities, or municipalities. (Art. stock of Angus cattle had deteriorated in quality
424, first paragraph) because of the mixed breeding. Fischer sought your
GR: Political subdivisions cannot register as their own any legal advice. What will you tell him? Explain.
property for public use or intended for public use, unless it A: I will advise Fischer file an action against Karpov.
is first shown that a grant thereof has been made or Under Art. 473 of the NCC, if the one who caused the
possession has been enjoyed during the period necessary to mixture or confusion acted in bad faith, he shall lose his
establish a presumption of ownership. (City of Manila v. rights over the thing and will be obliged to pay indemnity
Insular Gov’t., 10 Phil 327, 1908) They have no authority for the damages caused.
whatsoever to control or regulate the use of public
properties such as roads and parks unless specific authority In this scenario, Karpov mixed the his cattle with
is vested upon them by Congress. the Angus cattle of Fischer willfully and fraudulently, thus
acting in bad faith. The law thus deprives Karpov of any
Examples: right to both his and Fischer’s cattle because of bad faith,
Provincial roads, city streets, municipal streets, the squares, the deterioration caused, and the resultant impossibility of
fountains, public waters, promenades, and public works for segregating the two sets of cattle due to inbreeding.
public service. Furthermore, Karpov will be obliged to indemnify Fischer
of the damage and losses the former caused the latter.
Quiz:
3. What is the Regalian Doctrine? Cite examples.
1. Ahmed is the owner of a parcel of land adjoining a Under the Constitution, all natural resources
river. Boris is the owner of the land on the opposite river belong to the State. With the exception of public
bank. One day, after a heavy downpour that lasted 3 agricultural lands, they are not subject to alienation (Art
days, the river suddenly changed its course and passed XII, Sec. 2). Unless public land is shown to have been
through approximately 60% of Boris’ Land. reclassified and alienated by the State to a private person, it
remains part of the inalienable public domain. All lands not
A real estate developer named Mr. Real Thor, otherwise appearing to be clearly within private ownership
wanted to develop the abandoned river bed and was acquired by anyone through purchase or grant or any other
looking for the owner in order to commence mode of acquisition are presumed to belong to the State. In
negotiations with him. Ahmed approached the developer other words, the Regalian doctrine simply states the the
and claimed that he was the owner. Boris also sought State is the source of any asserted right to ownership of
Mr. Real Thor, to inform the latter that he (Boris) is the land. (De Leon, De Leon, Jr., p. 46)
owner. The government, through the Sec. of the DENR, Example: lands used for public use, public service, and for
also claimed that it owned the abandoned river bed. Mr. the development of natural wealth; more specifically,
Real Thor sought your legal advice in determining the roads, canals, navigable waters, government
rights, if any, of the 3 claimants (Ahmed, Boris, and the offices/buildings, natural resources, etc.
Government). What would be your advice? Explain.
A: Under Art. 461 of the NCC, Boris owns the abandoned 4. During the time of Mayor Syarap, the City of Manila
river bed in proportion to the 60% of land which he lost. leased portions of Carriedo St., in Sta. Cruz; Ongpin
Insofar as there is an excess, the excess still belongs to the St., in Binondo; and Juan Luna St., in Divisoria – all
property of public dominion. located in the City of Manila – to street vendors. After
Mayor Wishko defeated Mayor Syrap in the last
The provisions of this law state that if the river in mayoralty elections, the former ordered all street
its new course occupies private land, then the owner of the vendors in the aforesaid streets to dismantle their stores
private land becomes the owner of the abandoned river. and vacate the streets. The street vendors refused,
claiming that they have a valid lease contract duly
This, of course, is without prejudice to Ahmed’s signed by Mayor Syarap. Mayor Wishko sought your
right, in the “interest of agriculture”, to reimburse the legal opinion as to whether or not the lessees/street
“prejudiced owner” the value of the area lost. Hence, vendors are correct. What would be your advice?
strictly speaking, Ahmed, as owner of the adjacent land, is Explain.
given the right to so reimburse Boris for half of the A: The lessees/vendors are not correct. In City of Manila v.
abandoned river bed. The reimbursement is for half only Garcia (G.R. No. L-26053, Feb. 21, 1967), a similar case
because it should be noted that Boris himself is also an decided by the Supreme Court, it was held these ‘lessees’
adjacent owner, entitled to the same right of reimbursement. never really acquired such character because the Manila
It should not be forgotten that Ahmed has been deprived of mayor did not have the authority to give permits, written or
the use of the river, and to partly indemnify him, he should oral, to them.
be given the right to pay for the value of the half
hereinabove referred to. Equity cannot afford to be one- Furthermore, the streets mentioned in the problem
sided. (Paras, 282-283) all belong to the public domain, specifically for public use,
as thoroughfares that are indispensable to commuters and
the general citizenry. The streets’ classification as public

Midterms Reviewer in Property Sison, PKD

dominion comes within the purview of Art. 420 of the 8. What is ownership? Memorize Arts. 427 & 428.
NCC, and are therefore, inalienable. Ownership is that independent right of a person to
the exclusive enjoyment and control of a thing including its
Since Mayor Syarap never had the authority to disposition and recovery subject only to the restrictions or
lease such portions of the streets to the vendors, therefore, limitations established by law and the rights of others. (de
in effect, making such lease agreements void, Mayor Leon & de Leon, Jr.)
Wishko can validly remove the vendors.
It is the juridical relation of a person over a thing
Alternate answer: by virtue of which said person has the exclusive power or
The contention of the street vendors is incorrect. It authority to receive all the benefits and advantages arising
is within the police power of the State, as exercised through from said thing, save those restricted by law or the
the local government, to remove these vendors in a street recognized rights of others. (2017 UST Golden Notes)
for public use.
Legal Basis:
The vendors clogging the streets of Manila have Art. 427. Ownership may be exercised over things or
become a nuisance per se for the reason that they hinder rights.
and impair the use of the streets, to the prejudice of the Art. 428. The owner has the right to enjoy and dispose of a
transportation and traffic control of the city. It is within the thing, without other limitations than those established by
scope of Mayor Wishko’s authority to abate these nuisances law.
even without the aid of the courts. (City of Manila v. Garcia The owner has also a right of action against the
G.R. No. L-26053, Feb. 21, 1967) holder and possessor of the thing in order to recover it.

Police power, in the exercise of protecting public 9. Right of ownership vs Right to ownership.
good and interest, is valid. The public purpose of the city’s
streets should be given paramount consideration over the Real Right Personal Right
economic needs of the few vendors.
Creation
5. (a) State the nature of an action for quieting of title. Created by both title and Created by title alone
Explain. mode directly over a thing
(b) What are the requisites in order that an action to It is not directly created
quiet title will prosper? over a thing but is exercised
(See answers under ACCESSION) through another against
whom the action is to be
6. When is machinery considered: brought.
a. Immovable property
b. Movable property Object
Side note: Generally corporeal or Incorporeal or intangible.
A: Tests to Determine whether the property is movable or tangible. Object is specific Object covers all the
immovable: property or thing. present and future property
1. If the property is capable of being carried from place to of the debtor. (NCC, Art.
place (test by description); 2236)
2. If such change in location can be made without injuring
the real property to which it may in the meantime be Subjects
attached (test by description); and (a) One definite active (a) An active subject
3. If finally, the object is not one of those enumerated or subject (e.g., owner) (creditor)
included in Art. 415 (test by exclusion) (b) One indefinite passive (b) A definite passive
subject, which is the whole subject (debtor)
Answer: world
Machinery is therefore considered as immovable Right of pursuit is therefore
when it satisfies these three requisites: available.
a. The machinery must be placed by the owner of the Real right follows its object
tenement or his agent; in the hands of any
b. The industry or works must be carried on in a building or possessor.
on a piece of land; and
c. The machinery must tend directly to meet the needs of Enforceability
the said industry or works. Enforceable against the Enforceable only against
whole world. the original debtor or his
On the other hand, machinery is considered as transferee charged with
movable when the said property can be transported or notice of the personal
carried from place to place; and when it does not fall within rights.
any of the criteria mentioned above.
Limit
When unprepared for Property, pizza party.
Limited by usefulness, No such limitations.
II. OWNERSHIP value or productivity of the
thing.

Midterms Reviewer in Property Sison, PKD

 Extinguishment c) strategy his right thereto.
d) threat
Extinguished by loss or Not so extinguished. Claim
e) stealth NOTE: The question of
destruction of the thing. for damages may still be
possession is primordial,
pursued in case of loss or
while the issue of
destruction of the thing.
ownership is generally
unessential in unlawful
10. Limitations on the “Right of Ownership”, requisites. detainer (Rosa Rica Sales
Center v. Sps. Ong, G.R.
Those imposed by the: 132197, August 16, 2005).
1. State in the exercise of:
a. Power of taxation As to necessity of demand
b. Police power No previous demand for the Demand is jurisdictional if
c. Power of eminent domain defendant to vacate is the ground is non-payment
2. Law necessary. of rentals or failure to
a. Legal easements (i.e., easements of comply with the lease
waters and of right of way) and contract.
b. The requirement of legitime in
succession; As to necessity of proof of prior physical possession
3. Owner himself Plaintiff must prove that he Plaintiff need not have been
a. Voluntary easement was in prior physical in prior physical possession.
b. Mortgage possession of the premises
c. Pledge until he was deprived NOTE: The fact that
d. Lease; thereof by the defendant. petitioners are in possession
4. Grantor of the property on the grantee, either of the lot does not
by: automatically entitle them
a. Contract to remain in possession
b. Donation or (Ganilla v. CA, G.R. No.
c. Will; 150755, June 28, 2005).
5. Those arising from Conflicts of private rights
Those which take place in accession continua; As to when 1 year period is counted from
6. Constitution 1 year period is generally 1 year period is counted
Prohibition against the acquisition of private counted from the date of from the date of last
lands by aliens. actual entry of the land. demand or last letter of
7. Acts in state of necessity – The law permits demand.
injury or destruction of things owned by another
provided this is necessary to avert a greater Requisites for Recovery of Property:
danger (with right to indemnity v. principle of 1. Clearly identify the land he is claiming in accordance
unjust enrichment) with the title/s on which he bases his right of ownership;
8. True owner must resort to judicial process – and
When thing is in possession of another; law NOTE: Burden of proof lies on the party who asserts the
creates a disputable presumption of ownership to affirmative of an issue. The description should be so
those in actual possession. definite that an officer of the court might go to the locality
where the land is situated and definitely locate it.
10. Unlawful Detainer. (2 kinds; requisites) 2. Prove that he has a better title than the defendant
Unlawful detainer is the action that must be a. Best proof is a Torrens certificate.
brought when possession by a landlord, vendor, vendee or b. Tax receipts, tax declarations are only prima
other person of any land or building is being unlawfully facie evidence of ownership; it is rebuttable.
withheld after the expiration or termination of the right to NOTE: Plaintiff’s title must be founded on positive right
hold possession, by virtue of any contract, express or or title and not merely on the lack or inefficiency of the
implied. defendant’s title. In other words, he shall not be permitted
to rely upon the defects of the defendant’s title (NCC, Art.
Kinds: (Kinds of ejectment proceedings, I think; 434).
VERIFY)
1. Action for forcible entry Requisites for Unlawful Detainer:
2. Action for unlawful detainer A complaint for an action for unlawful detainer is
sufficient if the following allegations are present:
Forcible Entry Unlawful Detainer 1. initially, possession of property by the
As to when possession became unlawful defendant was by contract with or by tolerance of the
plaintiff;
Possession of the defendant Possession is inceptively 2. eventually, such possession became illegal
is unlawful from the lawful but becomes illegal upon notice by plaintiff to defendant of the termination of
beginning as he acquired from the time defendant the latter's right of possession;
possession by: (FISTS) unlawfully withholds 3. thereafter, the defendant remained in
a) force possession after the possession of the property and deprived the plaintiff of the
b) intimidation expiration or termination of enjoyment thereof; and

Midterms Reviewer in Property Sison, PKD

 4. within one year from the last demand on
defendant to vacate the property, the plaintiff instituted the “Mayor Sherep.” - Emman
complaint for ejectment. (Rene Michael French v. CA, GR
No. 220057, July 12, 2017) III. ACCESSION
11. Accion Publiciana.
- is an ordinary civil proceeding to recover the better right
14. Definition of “Right of Accession”, kinds,
of possession of realty independently of title, except in
requirements
cases of forcible entry and unlawful detainer, that is, in
The right pertaining to the owner of a thing over
cases of dispossession by any means other than those
everything which is produced thereby, or which is
mentioned in Section 1, Rule 70 of the Rules of Court, in an
incorporated or attached thereto, either naturally or
action for forcible entry and unlawful detainer, or although
artificially (NCC, Art. 440).
any of the special circumstances mentioned ins present,
where the one-year period for bringing such action has
It is that right of ownership of which an owner of a thing
already expired. (de Leon)
has over the products of said thing (accession discreta), as
- intended for the recovery of the better right to possess,
well as to all things inseparably attached or incorporated
and is a plenary action in an ordinary civil proceeding
thereto whether naturally or artificially (accession
before a court (RTC) and must be brought within a period
continua) (Pineda, 2009).
of ten years, otherwise, the real right of possession is lost.
The issue is not possession de facto but possession de jure.
15. Concept of “Quieting of Title”, definition,
(Paras)
requirements.
Definition:
12. Accion Reivindicatoria.
It is a proceeding in equity, the purpose of which
- seeks the recovery of possession based on ownership, also
is the declaration of the invalidity of a claim on a title or
brought in the regional trial court in an ordinary civil
the invalidity of an interest in property adverse to that of
proceeding. (de Leon)
the plaintiff, and thereafter to free the plaintiff and all those
- defined as an action to recover ownership over real
claiming under him from any hostile claim thereon
property. The action must be brought in the RTC where the
(Pineda, 2009).
real estate is situated. (Paras)
Further discussion:
13. Principle of Self-Help. Gen Rule. Exception.
Quieting of title is a common law remedy for the
Exception to Exception
removal of any cloud upon, doubt, or uncertainty affecting
Definition and General Rule:
title to real property. Whenever there is a cloud on title to
This principle authorizes an owner or lawful possessor of a
real property or any interest in real property by reason of
property to use reasonable force to prevent or repel an
any instrument, record, claim, encumbrance, or proceeding
actual or threatened unlawful physical invasion or
that is apparently valid or effective, but is, in truth and in
usurpation of property (NCC, Art. 429). There must be no
fact, invalid, ineffective, voidable, or unenforceable, and
delay in the pursuit, otherwise, his recourse will be to go to
may be prejudicial to said title, an action may be brought
the court for the recovery of property.
to remove such cloud or to quiet the title. In such action,
the competent court is tasked to determine the respective
Requisites of Self-Help:
rights of the complainant and the other claimants, not only
1. The person defending his property must be the owner or
to place things in their proper places, and make the
lawful possessor; hence, if his possession is wrongful, the
claimant, who has no rights to said immovable, respect and
right to use force cannot be availed of;
not disturb the one so entitled, but also for the benefit of
2. He must use only such force as may be reasonably
both, so that whoever has the right will see every cloud of
necessary to repel or prevent an invasion or usurpation of
doubt over the property dissipated, and he can thereafter
his property; otherwise he shall be liable for damages;
fearlessly introduce any desired improvements, as well as
3. The doctrine of self-help can only be exercised at the
use, and even abuse the property (Phil-Ville Development
time of an actual or threatened dispossession, or
and Housing Corporation v. Maximo Bonifacio, et al.,
immediately after the dispossession to regain possession.
G.R. No. 167391, June 8, 2011).
Once delay has taken place, even if excusable, the owner or
lawful possessor must resort to judicial process for the
Nature of the action:
recovery of the property for he is no longer justified in
Quasi in rem – an action concerning real property where
taking the law into his own hands.
judgment therein is enforceable only against the defeated
4. The person against whom force is employed has acted or
party and his privies.
is acting wrongfully or unlawfully; hence, the right of self-
help is not available against a sheriff attaining property in
Requisites:
the lawful exercise of his functions.
1. Plaintiff must have a Legal or equitable title to,
or interest in the real property which is the subject matter
Exception:
of the action;
Article 432. The owner of a thing has no right to prohibit
NOTE: He need not be in possession of said property
the interference of another with the same, if the interference
(NCC, Art. 477)
is necessary to avert an imminent danger and the threatened
2. There must be Cloud in such title;
damage, compared to the damage arising to the owner from
3. Such cloud must be Due to some (IRCEP)
the interference, is much greater. The owner may demand
a. Instrument;
from the person benefited indemnity for the damage to him.
b. Record;

Midterms Reviewer in Property Sison, PKD

 c. Claim; valid or effective but is in truth and in fact invalid,
d. Encumbrance; or ineffective, voidable, or unenforceable, and may be
e. Proceeding which is apparently valid prejudicial to said title, an action may be brought to
but is in truth invalid, ineffective, remove such cloud or to quiet the title.
voidable or unenforceable, and is An action may also be brought to prevent a cloud from
prejudicial to the plaintiff’s title; and being cast upon title to real property or any interest therein.
4. Plaintiff must
a. Return to the defendant all benefits he Art. 477. The plaintiff must have legal or equitable title to,
may have received from the latter; or or interest in the real property which is the subject matter
b. Reimburse him for expenses that may of the action. He need not be in possession of said
have redounded to his benefit. property.

16. Quieting of title in relation to Rule 63, Rules of Art. 478. There may also be an action to quiet title or
Court. remove a cloud therefrom when the contract, instrument or
Rule 63, Section 1. Who may file petition. - Any person other obligation has been extinguished or has terminated,
interested under a deed, will, contract or other written or has been barred by extinctive prescription.
instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance, or any other Art. 479. The plaintiff must return to the defendant all
governmental regulation may, before breach or violation benefits he may have received from the latter, or reimburse
thereof, bring an action in the appropriate Regional Trial him for expenses that may have redounded to the plaintiff's
Court to determine any question of construction or validity benefit.
arising, and for a declaration of his rights or duties,
thereunder. Quiz:
An action for the reformation of an instrument, to 1. (30 pts) Abu is the owner of a vast tract of
quiet title to real property or remove clouds therefrom, agricultural land. Bakhar, planted corn in one remote
or to consolidate ownership under Article 1607 of the Civil spot of Abu’s land, without the knowledge and consent
Code, may be brought under this Rule. of Abu. After 3 months, the corn was ready for
harvesting but Bakhar didn’t have the ability and skill
Reasons for quieting of title: to do so. He then asked Carlos, for a fee, to do the
1. Prevent future litigation on the ownership of the harvesting and afterwards store the corn in a
property; warehouse while waiting for buyers. Carlos recruited
2. Protect true title & possession; his friends to perform the job and succeeded in
3. To protect the real interest of both parties; harvesting and storing the corn in a warehouse that he
4. To determine and make known the precise state of title rented from one of his friends. Before Bakhar could pay
for the guidance of all. Carlos, Abu discovered what Bakhar and Carlos had
done and immediately appropriated for himself the
Persons who may file an Action to Quiet Title (Rule 64, corn stored in the warehouse.
Sec. 2): (a) What are the rights and obligations of Abu, if any?
1. Registered owner; Explain.
2. A person who has an equitable right or interest in the (b) What are the rights of Bakhar, if any? Explain.
property; or (c) What are the rights of Carlos, if any? Explain.
3. The State. A: a. Abu’s rights and obligations are that of a landowner
in good faith. It therefore follows, under Art. 445, that
Rules in actions for Quieting of Title: whatever is planted or sown on the land of Abu belongs to
1. These put an end to vexatious litigation in respect to him, as the owner of the land. In addition, Art. 449 gives
property involved; plaintiff asserts his own estate & Abu the right to appropriate the gathered crops, while Art.
generally declares that defendant’s claim is without 451 entitles him to demand from Bakhar damages. This is
foundation without prejudice to Carlos’ right to ask for reimbursement
2. Remedial in nature for the necessary expenses spent in the gathering and
3. Not suits in rem nor personam but suits against a storing of the crops, which gives rise to Abu’s obligation to
particular person or persons in respect to the res (quasi in pay Carlos.
rem)
4. May not be brought for the purpose of settling a b. Bakhar, having planted the corn in bad faith, has no right
boundary disputes. over the crops harvested pursuant to Art. 449 which states
5. Applicable to real property or any interest therein. that “he who builds, plants, or sows in bad faith on the land
6. An action to quiet title brought by the person in of another, loses what is built, planted or sown without
possession of the property is IMPRESCRIPTIBLE. right to indemnity.” Furthermore, he is obligated to pay
7. If he is not in possession, he must invoke his remedy Abu for damages under Art. 451 of the NCC.
within the prescriptive period as follows;
a) ordinary prescription- 10 years c. Carlos has the rights of a sower in good faith and can
b) extraordinary prescription- 30 years recover from Abu, the landowner, reimbursement for the
necessary expenses of gathering and storing the crops. This
16. Memorize Art. 476 to 479. is in compliance with Art. 443 which states that “he who
Art. 476. Whenever there is a cloud on title to real property receives the fruits has the obligation to pay the expenses
or any interest therein, by reason of any instrument, record, made by a third person in their production, gathering, and
claim, encumbrance or proceeding which is apparently preservation.”

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 Basilio having the right to retain the thing until indemnity
2. (15 pts) In question no. 1, supposing it was Bakhar is paid (Art. 546, NCC); or
himself who harvested and stored the corn in the 2. To sell the land to Basilio unless the value of
warehouse that he rented from Carlos, what would be the land is considered greater than the building, in which
the rights and obligations of Abu, Bakhar, and Carlos? case, Basilio can be required to pay reasonable rent. (Art.
Explain. 448, NCC)
A: Abu’s rights and obligations are still of a landowner in
good faith. Under Art. 445, whatever is planted or sown on b. Yes, there is a possibility of a forced lease since, under
the land of Abu belongs to him, as the owner of the land. In Art. 448, it is entirely up to the landowner, in this case,
addition, Art. 449 gives Abu the right to appropriate the Crispin, if he chooses to sell or lease the land out to
gathered crops, while Art. 451 entitles him to demand from Basilio. Therefore, if Crispin elects to lease the property,
Bakhar damages. This is without prejudice to Carlos’ right Basilio will be obliged to pay the proper rent.
to ask for reimbursement for the necessary expenses spent
in the storage of the crops, which gives rise to Abu’s 5. Tito planted pechay on the land of Vic, using
obligation to pay Carlos. seedlings and fertilizer belonging to Joey.
(a) If Joey is in good faith, who shall be liable to him for
Bakhar still has no right to be indemnified since he the value of the seedlings and fertilizer? Explain. (8 pts)
is a planter and sower in bad faith under Art. 449 of the (b) If Joey is in bad faith, will your answer be the
NCC. Furthermore, he is obligated to pay Abu for damages same?
under Art. 451 of the NCC. Explain. (7 pts).
A: a. If Joey is in good faith, he can collect the value of the
Lastly, Carlos as a disinterested third party in good materials from the planter and subsidiarily, from the
faith can recover from Abu, the landowner, reimbursement landowner, under Art. 455 of the NCC.
for the necessary expenses of storing the crops. This is in
compliance with Art. 443 which states that “he who Joey can first go after Tito, who was the one who
receives the fruits has the obligation to pay the expenses made use of the said seedlings and fertilizer. In the event
made by a third person in their production, gathering, and that Tito has no capacity to pay Joey, Joey can then ask for
preservation.” their value from Vic, the landowner.

3. In question no. 2, supposing Abu discovered what b. If Joey is in bad faith, my answer would not be the
Bakhar had done before the corn could be harvested, same. Art. 455 applies in cases where the materials, plants
what would be the rights and obligations: or seeds belong to a third person who has not acted in bad
(a) of Abu? – [10 pts]; faith, which would be inapplicable in this situation.
(b) of Bakhar? – [10 pts]. Explain your answers.
A: a. Abu will have the right to appropriate the corn in line Joey would lose all rights to be indemnified both
with the provisions of Art. 445, that whatever is planted or by Vic or by Tito. Moreover, he can even be made liable
sown on the land of another belong to the owner of the for consequential damages if it has been found out that the
land. seedlings of fertilizer are of inferior quality.
Mutiny against Persida Acosta. The medical profession is
In addition, Abu has the right under Art. 450 to ready to welcome her if she needs a fallback career.
demand that the corn be removed in order to replace things
in their former condition at the expense of Bakhar or Abu
may demand that Bakhar pay the proper rent. Furthermore, IV. CO-OWNERSHIP
Art. 451 entitles Abu to damages from Bakhar.

b. Bakhar still has neither the right to the crops nor to

17. What is co-ownership?
indemnification of expenses since he is a planter and sower
Co-ownership is that state where an undivided
in bad faith, in accordance to Art. 449 of the NCC, which
thing or right belongs to two or more persons. It is “the
applies, in the case of planting or sowing, only to growing
right of common dominion in which two or more persons
or standing crops (Dizon v. Rivera, 39 O.G. 1744), which is
have in a spiritual (or ideal) part of a thing which is not
apparent in this case. Furthermore, he is obligated to pay
physically divided.
Abu for damages under Art. 451 of the NCC.
Art. 484 (par. 1). There is co-ownership whenever the
4. Crispin is the owner of a parcel of land. Basilio
ownership of an undivided thing or right belongs to
occupied Crispin’s lot purely by mistake and built a
different persons.
cottage thereon.
(a) What options are available to Crispin, under the
18. What set of rules should govern co-ownership?
circumstances? Explain. (10 pts)
a. Contracts
(b) Is there a possibility that a “forced lease” may result
b. Special Legal Provisions
under the circumstances? Explain. (10 pts)
c. Provisions of the Title on Co-ownership
a. The options of Crispin, as the landowner in good faith
In default of the 1st, apply the 2nd; in the absence
with Basilio being a builder in good faith are:
of the 2 , apply the 3rd.
nd
1. To acquire the improvements after paying
Art. 484 (par. 2). In default of contracts, or of special
indemnity for the necessary and useful expenses which
provisions, co-ownership shall be governed by the
could include the original costs of improvement and
provisions of this Title. (Arts. 484-501Title III, Book II,
increase in the value of the whole (Art. 448, NCC), with
NCC)

Midterms Reviewer in Property Sison, PKD

 Requisites for acquisition through prescription:
19. Rights and obligations of a co-owner. a. He has repudiated through unequivocal acts
General rights of each co-owner as to the thing owned in b. Such act of repudiation is made known to other co-
common: owners
1. To Use the thing according to the purpose intended c. Evidence must be clear and convincing;
provided that: 7. Co-owners cannot ask for physical division if it would
a. It is w/o prejudice to the interest of the co- render thing unserviceable; but can terminate co-
ownership; and ownership;
b. W/o preventing the use of other co-owners 8. After partition, duty to render mutual accounting of
(NCC, Art. 486) benefits and reimbursements for expenses.
NOTE: The purpose of the co-ownership may be changed
by an agreement, express or implied. Rights of a co-owner to 3rd parties:
2. To Share in the benefits in proportion to his interest, 1. Assignees or creditors of the co-owners may take part in
provided the charges are borne in the same proportion the division of the thing owned in common and object to
(NCC, Art. 485). its being effected without their concurrence, but they
NOTE: A contrary stipulation is void. Hence, benefits cannot impugn any partition already executed
cannot be stipulated upon by the co-owners. XPN: if there has been fraud or it was made
3. Each co-owner may bring an Action for ejectment (NCC, notwithstanding their formal opposition presented to
Art. 487). prevent it, without prejudice to the right of the debtor or
NOTE: Action for ejectment covers: forcible entry, assignor to maintain its validity (NCC, Art. 497).
unlawful detainer, accion publiciana, quieting of title, 2. Non-intervenors – Retain rights of mortgage and
accion reivindicatoria, and replevin. servitude and other real rights and personal rights
4. To Compel other co-owners to contribute to expenses for belonging to them before partition was made.
preservation of the thing (NCC, Art. 488) and to the taxes.
5. To Oppose to any act of alteration (NCC, Art. 491) even 20. What is partition? How is it done?
if beneficial to the co-owners. Partition, in general, is the separation, division,
6. To Protect against acts of majority which are prejudicial and assignment of a thing held in common among those to
to the minority (NCC, Art. 492, par. 3) whom it may belong. The thing itself may be divided, or its
7. To Exercise legal redemption. value (Art. 1079, NCC).
8. To ask for Partition (NCC, Art. 494)
9. Right to exempt himself from obligation of paying How partition is done
necessary expenses and taxes by renouncing his share in the Art. 496. Partition may be made by agreement between the
pro-indiviso interest; but cannot be made if prejudicial to parties or by judicial proceedings. Partition shall be
co-ownership (NCC, Art.488). governed by the Rules of Court insofar as they are
10. Right to make repairs for preservation of things can be consistent with this Code.
made at will of one co-owner; receive reimbursement
therefrom; notice of necessity of such repairs must be given 1. May be effected extrajudicially pursuant to an
to co-owners, if practicable (NCC, Art.489). agreement (extrajudicial partition); or
11. Right to full ownership of his part and fruits. (NCC, 2. May be effected in consequence of a suit through a
Art.493) settlement between the parties with the approval of a
12. Right to alienate, assign or mortgage own part; except competent court (judicial partition).
personal rights like right to use and habitation (NCC,
Art.493). Quiz:
13. Right of pre-emption. XYZ are co-owners in equal shares of a residential
14. Right to be adjudicated thing (subject to right of others house and lot.
to be indemnified). 1. X engaged a carpenter to repair the leaking roof of
15. Right to share in proceeds of sale of thing if thing is the house.
indivisible and they cannot agree that it be allotted to one of > Is this act binding on Y and Z?
them (NCC, Art.498). A: Yes. Under Art. 488, each co-owner shall have a right to
compel the other co-owners to contribute to the expenses
Duties/liabilities of co-owners: of preservation of the thing or right owned in common.
1. Share in charges proportional to respective interest; This, in relation to Art. 489, which states that repairs for
stipulation to contrary is void; preservation may be made at the will of one of the co-
2. Pay necessary expenses and taxes – May be exercised by owners.
only one co-owner;
3. Pay useful and luxurious expenses – If determined by This is because the repair of the leaking roof of
majority; the house is considered as a necessary repair that, if not
4. Duty to obtain consent of all if thing is to be altered even taken, can lead to considerable damage. X is not obliged
if beneficial; resort to court if non-consent is manifestly under the law to notify Y and Z, especially if
prejudicial; impracticable. Any repairs that would be done by X for the
5. Duty to obtain consent of majority with regards to sake of the co-ownership will bind and eventually benefit
administration and better enjoyment of the thing; his co-owners Y and Z.
controlling interest; court intervention if prejudicial –
Appointment of administrator; 2. Y & Z mortgaged the property to secure a loan.
6. No prescription to run in favor of a co-owner as long as > What is the legal effect of the mortgage?
he recognizes co-ownership;

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A: It is established by Art. 493 of the NCC that each co- to X and Y, shall be limited to the portion which may be
owner shall have full ownership of his part and may allotted to them in the division upon the termination of the
therefore mortgage it. But the effect of the mortgage, with co-ownership.
respect to Y and Z, shall be limited to the portion which
may be allotted to them in the division upon the termination X and Y are, under the law, deemed as absolute
of the co-ownership. and full owners of their undivided interest in the co-owned
property and are, therefore, free to dispose their pro
Y and Z are, under the law, deemed as absolute indiviso share of the property. The nature of this right
and full owners of their undivided interest in the co-owned before partition is that all that the co-owner has is an ideal
property and are, therefore, free to dispose their pro or abstract share in the entire property. This is, of course,
indiviso share of the property. The nature of this right without prejudice to Z’s legal right of redemption after the
before partition is that all that the co-owner has is an ideal sale has been effected.
or abstract share in the entire property. This is, of course,
without prejudice to X’s legal right of redemption in case It was further held in the case of Pamplona v.
the shares of Y and Z be attached. Moreto that a co-owner may validly sell his undivided
share of the property owned in common. However, it
The validity of mortgaging said portion of the co- should again be emphasized that even if X and Y sold the
ownership is further illustrated in the case of Codag v. entire property to Manny Villar, the sale is valid only
Trinamos that any attachment made by a creditor to a insofar as their share is concerned, unless Z, the other
debtor’s share of the property even when said share is not remaining co-owner, consented to such a sale (Punzalan v.
yet concretely determined is deemed proper. Boon Liat). During the partition, it will not be X and Y
who will participate, but Manny Villar, since the former
3. Y engaged a contractor to build a concrete perimeter two’s interest in the co-ownership has ceased to exist
wall. (Lopez v. Ilustre).
> Is this binding on X & Z? May Y require
contribution? Seatwork:
A: No, the act of Y is not binding on X and Z, therefore Y Can a co-owner eject another co-owner? Explain. Give
cannot require them to contribute. This is because the an example. A: Yes. Under Art. 487 of the NCC, any one
building of a concrete perimeter cannot be considered as a of the co-owners may bring an action in ejectment. This
necessary expense in the preservation of the house and lot. applies to cases wherein a co-owner takes or claims
It is merely a useful expense that can provide additional exclusive possession and asserts exclusive ownership of
security to the co-owned property. the property (De Guia v. CA, 413 SCRA 114). In fact, the
law does not require that consent of the other co-owners
Therefore, in accordance to Arts. 489 and 492, must first be secured before one of them can bring an
there is a need for Y to notify his co-owners for such an action for ejectment. However, it should be emphasized
expense before the construction could be done. There that in ejectment cases of this nature, the only issue for
should first be a majority consensus for the act to be resolution is the physical or material possession of the
binding on X and Z. The facts of the problem are silent as property involved, independent of any claim of ownership
to whether or not X and Z gave their consent. set forth by any of the parties. This is because all the co-
owners have the right of possession. The only effect of
4. Z engaged an architect to build a beautiful fountain in such an action will be to obtain recognition of co-
the yard. ownership. (Refer to De Guia case for example)
> Is this binding on X & Y? May Z require Study hard and study smart does not work in Agrarian
contribution? Law.
A: No, the act of Z us not binding on X and Y, therefore Z
cannot require them to contribute. This is because the V. POSSESSION
building of a fountain cannot be considered as a necessary
expense in the preservation of the house and lot. It is merely
a luxurious embellishment.
21. What is possession?
Possession is the holding of a thing or the enjoyment of a
Therefore, in accordance to Arts. 489 and 492,
right. (Art. 523, NCC)
there is a need for Z to notify his co-owners for such an
expense before the construction could be done. There
22. Kinds of possession?
should first be a majority consensus for the act to be
1. According to the name used as to its existence
binding on X and Y. Even if the value of the property is
a. In one’s own name – possessor claims the thing
thereby increased by the building of the fountain, there is
for himself (NCC, Art. 524)
still no reimbursement because the purpose of the co-
b. In the name of another – held by the possessor
ownership is not for profit.
for another; held by the agent, subject to authority
and ratification; if not authorized, negotiorum
5. X & Y sold the property to Manny Villar for a very
gestio (NCC, Art. 524)
good price.
i. Voluntary – by virtue of an agreement
> What are the legal repercussions or effects of
(possession of an agent)
the sale?
ii. Legal – by virtue of law (possession in
A: It is established by Art. 493 of the NCC that each co-
behalf of incapacitated)
owner shall have full ownership of his part and may
therefore alienate it. But the effect of the sale, with respect
2. According to the concept of possession

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 a. In the concept of an owner – possessor, by his removal, i.e. he may removal, i.e. he may
actions, is believed by others as the owner, remove if the principal remove if the principal
whether he is in good or bad faith (NCC, Art. thing suffers no injury thing suffers no injury
525); such possessor is presumed to possess just thereby, and if the lawful thereby, and if the lawful
title (NCC, Art. 540) possessor does not prefer to possessor does not prefer to
b. In the concept of a holder – possessor holds it refund the amount retain them by paying its
merely to keep or enjoy it, the ownership expended. value at the time he enters
pertaining to another (usufructuary with respect to into possession.
the thing itself) (NCC, Art. 525)
As to liability in case of deterioration or loss
3. According to the condition of the mind No liability Always liable.
a. Possession in good faith – possessor is not XPN: if due to his
aware that there is in his title or mode of fraudulent act or
acquisition a defect that invalidates it. (NCC, Art. negligence, or after service
526) of summons.
b. Possession in bad faith – possessor is aware of
the invalidating defect in his own title. (NCC, Art.
25. Concept and meaning of good faith, bad faith.
526)
Possessor in good faith:
A possessor is in good faith when he is not aware that there
4. According to extent of possession
exists in his title or mode of acquisition any flaw which
a. Actual possession – occupancy in fact of the
invalidates it (NCC, Art. 526).
whole or at least substantially the whole property
b. Constructive possession – occupancy of part, in
Requisites:
the name of the whole, under such circumstances
1. Ostensible title or mode of acquisition;
that the law extends the occupancy to the
2. Vice or defect in the title;
possession of the whole
3. Possessor is ignorant of the vice or defect and must have
an honest belief that the thing belongs to him.
23. Rights and obligations of a possessor in good faith.
24. Rights and obligations of a possessor in bad faith.
Possessor in bad faith:
A possessor in bad faith is one who is aware that there
GOOD FAITH BAD FAITH exists in his title or mode of acquisition any flaw which
As to fruits received invalidates it. Only personal knowledge of the flaw in
one’s title or mode of acquisition can make him a
Entitled to the fruits Shall reimburse the fruits possessor in bad faith.
received before the received and those which
possession is legally the legitimate possessor Requisites:
interrupted (Art. 544). could have received and 1. Possessor has a title/mode of acquisition;
shall have the a right only to 2. There is a flaw or defect in said title/mode;
necessary expenses (Art. 3. The possessor is aware or unaware of the flaw or defect.
546, par. 1) and expenses in
the production, gathering 26. Memorize Arts. 523 to 530.
and preservation of such Art. 523. Possession is the holding of a thing or the
fruits (NCC, Art. 443). enjoyment of a right.
As to pending fruits
Art. 524. Possession may be exercised in one's own name
Liable with legitimate None. or in that of another.
possessor for expenses of
cultivation and shall share Art. 525. The possession of things or rights may be had in
in the net harvest in one of two concepts: either in the concept of owner, or in
proportion to the time of that of the holder of the thing or right to keep or enjoy it,
their possession (NCC, Art. the ownership pertaining to another person.
545).
As to expenses: Art. 526. He is deemed a possessor in good faith who is
not aware that there exists in his title or mode of
(Necessary expenses) acquisition any flaw which invalidates it.
Right of reimbursement and Right of reimbursement He is deemed a possessor in bad faith who
retention. only. possesses in any case contrary to the foregoing.
(Useful expenses) Mistake upon a doubtful or difficult question of law may
Right of reimbursement, None. be the basis of good faith.
retention, and limited right
of removal. Art. 527. Good faith is always presumed, and upon him
who alleges bad faith on the part of a possessor rests the
(Ornamental expenses) burden of proof.
Shall not be refunded but he Shall not be refunded but he
has a limited right of has a limited right of

Midterms Reviewer in Property Sison, PKD

Art. 528. Possession acquired in good faith does not lose 30. How is possession lost?
this character except in the case and from the moment facts Possession is lost through:
exist which show that the possessor is not unaware that he 1. Possession of another subject to the provisions of Art.
possesses the thing improperly or wrongfully. 537, if a person is not in possession for more than one year
but less than 10 years he losses possession de facto. He can
Art. 529. It is presumed that possession continues to be no longer bring an action of forcible entry or unlawful
enjoyed in the same character in which it was acquired, detainer, since the prescriptive period is one year for such
until the contrary is proved. actions. But he may still institute an accion publiciana to
recover possession de jure, possession as a legal right or
Art. 530. Only things and rights which are susceptible of the real right of possession (NCC, Art. 555; Paras, 2008).
being appropriated may be the object of possession. NOTE: Acts merely tolerated, and those executed
clandestinely and without the knowledge of the possessor
28. Effects of possession. Immovable, movable. of a thing, or by violence, do not affect possession (NCC,
Rights to be respected in possession—general nature: Art. 537)
1. Right of a person to be respected in his possession
2. Protection in said right or restoration to said possession 2. Abandonment (NCC, Art.555)
by legal means should he be disturbed therein; and NOTE: Abandonment involves a voluntary renunciation of
3. Right to secure from a competent court in an action for all rights over a thing.
forcible entry the proper writ to restore him in his Requisites of abandonment:
possession; the writ of preliminary mandatory injunction a. The abandoner must have been a possessor in
the concept of owner (either an owner or mere possessor
Specific right to be respected in possession: may respectively abandon either ownership or possession);
1. Reasons for protection of possession b. The abandoner must have the capacity to
a. Possession is very similar to ownership and as a renounce or to alienate (for abandonment is the repudiation
matter of fact modifies ownership of property right);
b. Possession almost invariably gives rise to the c. There must be physical relinquishment of the
presumption that the possessor is the owner thing or object;
2. Every possessor is protected—whether concept of owner d. There must be no spes recuperandi (expectation
or holder to recover) and no more animus revertendi (intention to
return or get back) (Paras, 2008).
Legal means for restoration to possession:
1. To prevent spoliation or a disregard of public order 3. Recovery of the thing by the legitimate owner.
2. To prevent deprivation of property without due process
3. To prevent a person from taking the law into his own 4. Destruction or total loss of the thing – a thing is lost
hands when it perishes or goes out of commerce, or disappears in
such a way that its existence is unknown, or it cannot be
(Almost similar questions:) recovered (NCC, Art. 1189; Art. 555).
27. How possession acquired? Immovable, movable
properties. 5. Assignment – complete transmission of the thing/right to
29. How is possession acquired? another by any lawful manner ( NCC, Art. 555).
Modes of acquiring possession:
1. By Material occupation (detention) of a thing or the Quiz:
exercise of a right (quasi-possession). 1. What is Possession?
This includes: A: Possession is the holding of a thing or the enjoyment of
a. Constitutum possessorium – when the possessor a right. (Art. 523, NCC)
who is the owner of the property continues his possession
no longer under a title of ownership but under a title less 2. What are the requisites/elements of possession?
than ownership, i.e. lessee, depositary, etc. 1. There must be holding or control of a thing or a
b. Traditio brevi manu – when the possessor who right.
is possessing the thing by a title other than ownership, 2. There must be a deliberate intention to possess.
continues to possess it under a new title, now of ownership. 3. This possession must be by virtue of one’s own
right. (Paras)
2. By Subjection of the thing/right to our will which does
not require actual physical detention or seizure. 1. Existence of a thing or right;
This includes: 2. Possession in fact or holding or control of a
a. Traditio longa manu – delivery by consent or thing or right;
mere pointing. 3. Animus possidendi or the deliberate intention to
b. Traditio simbolica – delivery of a mere symbol possess;
(e.g. key) placing the thing under the control of the 4. Possession is by virtue of one’s own right,
transferee. either as an owner or as a holder. (UST Golden
Notes 2017)
3. By constructive possession or proper acts and legal
formalities established by law such as succession, donation, 3. What are the degrees of possession? Give an example
execution of public instruments (NCC, Art. 531). for each.
1. Possession with no right or title – mere holding
or having, without any right whatsoever; Ex. possessor

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knows that his possession is wrongful (e.g., possession by a b. Constructive possession – occupancy of part, in
thief) the name of the whole, under such circumstances that the
2. Possession with a juridical title/juridical law extends the occupancy to the possession of the whole
possession (but not that of an owner) – title is not one of
ownership. Possession peaceably acquired and will not
ripen into full ownership as long as there is no 6. What legal remedies can a possessor avail of to
repudiation of the concept under which property is held protect his possession of:
(e.g., possession of a tenant (lessee), depositary, pledgee) A. Immovable property
3. Possession with a just title/real possessory right B. Movable property
(but not from the true owner) – ripens into full ownership A. Actions available for immovable property:
by the lapse of time (e.g., possession of a buyer of a car a. forcible entry or unlawful detainer – two forms
purchased from one who pretends to be the owner) of an ejectment suit which may be instituted by a person
4. Possession with a title of dominium/with a title deprived of the possession of any land or building by force,
from the owner) – ownership or possession that springs intimidation, threat, strategy, or stealth, or landlord,
from ownership; arises from ownership; highest degree of vendor, vendee, or other person against whom the
possession; perfect possession (e.g. owner of a land with a possession of any land or building is unlawfully withheld
torrens title registered in his name) after the expiration or termination of the right to hold
possession, by virtue of any contract, expressed or implied,
4. Distinguish between jus possessionis and jus or the legal representatives or assigns of any such landlord,
possidendi. Illustrate. vendor, vendee, or other person; both are summary
a. jus possessionis – right OF possession; an proceedings designed to provide for an expeditious means
independent right of itself, independent of/separate from of protecting actual possession or the right to the
ownership. possession of the property involved.
Example: I am renting a house from X. Although I am not
the owner, still, by virtue of the b. accion publiciana (action to recover possession)
lease agreement, I am entitled to possess the house for the – ordinary civil proceeding to recover the better right of
period of the lease. (lessee-lessor) possession of realty independently of title, except in cases
b. jus possidendi – right TO possession; a right or of forcible entry and unlawful detainer
incident of ownership.
Example: I own a house; therefore, I am entitled to possess c. accion reivindicatoria (action to recover
it. possession based on ownership) – seeks the recovery of
possession based on ownership (includes the jus utendi and
5. What are the different kinds/classes of possession? fruendi)
Illustrate each.
1. According to the name used as to its existence B. Actions available for movable property: (Art. 428 in
a. In one’s own name – possessor claims the thing relation to Art. 539)
for himself (NCC, Art. 524) a. replevin or manual delivery of personal
b. In the name of another – held by the possessor property – a form of principal remedy and of a provisional
for another; held by the agent, subject to authority and remedy that would allow the plaintiff to retain the thing
ratification; if not authorized, negotiorum gestio (NCC, Art. wrongfully detained by another pendente lite; requires the
524) plaintiff to state in an affidavit that he is the owner of the
i. Voluntary – by virtue of an agreement property claimed, particularly describing it, or that he is
(possession of an agent) entitled to the possession thereof and that it is wrongfully
ii. Legal – by virtue of law (possession in detained by the adverse party
behalf of incapacitated)

2. According to the concept of possession Situational questions (EASEMENTS, BUT PLACED

a. In the concept of an owner – possessor, by his UNDER POSSESSION):
actions, is believed by others as the owner, whether he is in 1. Narda and Darna are neighbors. The branches and
good or bad faith (NCC, Art. 525); such possessor is roots of Narda’s mango tree have extended over to
presumed to possess just title (NCC, Art. 540) Darna’s property, such that some of the leaves and
b. In the concept of a holder – possessor holds it fruits have fallen into the yard of Darna.
merely to keep or enjoy it, the ownership pertaining to a. Can Darna appropriate the fruits and throw
another (usufructuary with respect to the thing itself) (NCC, away the leaves?
Art. 525) b. If Darna doesn’t want the branches to
extend to her property, can she cut them?
3. According to the condition of the mind c. Can Darna cut the roots that extend into her
a. Possession in good faith – possessor is not yard?
aware that there is in his title or mode of acquisition a d. One day typhoon Rody, uprooted Narda’s
defect that invalidates it. (NCC, Art. 526) mango tree and dumped it inside the yard of
b. Possession in bad faith – possessor is aware of Darna. Who owns the tree now?
the invalidating defect in his own title. (NCC, Art. 526)
Suggested Answers:
4. According to extent of possession
a. Actual possession – occupancy in fact of the
whole or at least substantially the whole property

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 1.a. Yes. Article 681 of the New Civil Code states Answers:
that fruits naturally upon adjacent land belong to the owner
of the said land. 2.a. No one owns the santol tree. This situation is
consistent with the prohibition under Article 679 of the
In the present case, Darna can appropriate the NCC which states that no trees shall be placed near a
fruits and throw away the leaves to compensate her for the tenement or piece of land belonging to another except at
inconvenience caused by the branches of the trees the distance authorized by the ordinances or customs of the
extending over her land. The mode of acquisition is place, and in the absence thereof, at a distance of at least
established by law. However, it should be noted that for two meters from the dividing line of the estates if tall trees
Darna to be entitled to the appropriation of such fruits and are planted. The provisions of the said article not only
to be able to throw away the leaves, the falling must occur applies to planted trees, but also to trees which have grown
naturally. She has no right to pick the fruits still on spontaneously.
branches that extend to her land.
This express prohibition under the title of
1.b. Yes. Under Article 680 of the New Civil easements or servitudes is applicable since the tree lies
Code, if the branches of any tree should extend over a directly on the boundary line of Darna and Narda’s
neighboring estate, tenement, garden or yard, the owner of properties. There is no co-ownership existing because the
the latter shall have the right to demand that they be cut off tree is on separate, already partitioned lands with a definite
insofar as they may spread over his property. boundary. In addition, there is no ideal share to be divided
or to be had from the said tree. Finally, there is also no
Under the said provision, the cutting off of the mutual agreement in the facts of the problem to own and
branches is subject to the condition that the adjoining enjoy said tree.
owner, in this case, Darna, must first demand from Narda
that such branches be cut-off insofar as they have spread Since the prohibition is provided by law and
over the former’s property. If Narda refuses, Darna may ask applies both to planted and spontaneously growing trees,
authority from the court. there can be no doubt that the law wishes to avoid a
situation wherein a tree lying on the boundary of two
1.c. Yes. Applying Article 680 of the New Civil properties be turned into a compulsory co-ownership that
Code, if it be the roots of a neighboring tree which should may give rise to conflicts. It is therefore more practical that
penetrate into the land of another, the latter may cut them no one owns such a tree and that laws are placed as
off himself within his property. prohibitions and guidelines as to how and where these
plants should be placed (if through manual means).
With these facts, it is given by the law that it is not
necessary to give notice to the tree owner if the landowner 2.b. The law leans more towards Narda’s favor
chooses to cut the roots off since, by right of accession, under the express prohibition under Article 679 that no
Darna has acquired ownership over the roots. Furthermore, trees shall be placed near a tenement or piece of land
this constitutes a more direct invasion on Darna’s land. belonging to another except at the distance authorized by
the ordinances or customs of the place, and in the absence
1.d. Narda is still considered as the owner of the thereof, at a distance of at least two meters from the
uprooted trees. The rule on avulsion of uprooted trees under dividing line of the estates if tall trees are planted. The
Article 460 of the New Civil Code can be applied by provisions of the said article not only applies to planted
analogy in this case, where it states that the owner, Narda, trees, but also to trees which have grown spontaneously.
retains ownership of the uprooted tree.
This prohibition is subject to the condition that
However, this ownership is subject to the caveat before the tree can be removed, the second paragraph of
under Art. 460, which additionally states that if Narda does Article 679 applies, which gives every landowner the right
not claim the uprooted trees within six months, Darna will to demand that trees planted at a shorter distance from his
become the owner. If Narda makes the claim, she will have land or tenement be uprooted. There should first be a
to shoulder the expenses borne by Darna for gathering or demand and does not allow the Narda to take the law into
putting them in a safe place. Failure to make the claim her own hands.
within six months will bar any future action to recover the
trees. This rule is consistent especially if the uprooted trees Hence, it is expressly provided for under the law
have been transplanted by the owner of the land which the that before Narda can cut down the tree, there should first
trees may have been cast and said trees have taken root in be a demand to that effect. Since Darna does not wish to
said land. Hence, the owner of the trees, upon making the have the tree cut and a conflict has arisen, then authority
claim, is required to refund the expenses incurred in from the courts should be first given before the removal of
gathering them or in putting them in a safe place, including the said tree. This is without prejudice to the prohibition
the expenses incurred by the owner of the land for the explicitly stated by the law.
preservation of the trees.
Seatwork:
2. Another tree, a santol tree, lies exactly along the A tenant and a lessee were quarreling over a parcel of
boundary of the property of Narda and Darna. land, each claiming to have a better right. Decide.
a. Who owns the santol tree?
b. Narda wants to cut down the tree. Darna A: It depends. Art. 538 of the NCC states that “Possession
wants it to remain. Who shall prevail? as a fact cannot be recognized at the same time in two
different personalities except in the cases of co-possession.

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Should a question arise regarding the fact of possession, the b. In case there is a period fixed based on the
present possessor shall be preferred; if there are two number of years that would elapse before a person
possessors, the one longer in possession; if the dates of the would reach a certain age, unless the period was
possession are the same, the one who presents a title; and if expressly granted only in consideration of the
all these conditions are equal, the thing shall be placed in existence of such person, in which case it ends at
judicial deposit pending determination of its possession or the death of said person (Art. 606); or
ownership through proper proceedings.” c. In case the contrary intention clearly appears.

It is to be noted that the criteria in determining a 4. Termination of right of the person constituting the
dispute in possession is listed in order of priority, as listed usufruct
in the abovementioned provision. Hence, as an example, a
present possessor is always preferred above all else. 5. Expiration of the period or fulfilment of the resolutory
condition
VI. USUFRUCT NOTE: If the usufructuary is a juridical person, the term
should not exceed 50 years.

31. What is usufruct? 6. Renunciation by the usufructuary.

Usufruct is the right of a person called NOTE: It partakes the nature of a condonation or
usufructuary, to enjoy the property of another called the donation. It can be made expressly or impliedly as long as
owner, with the obligation of returning it at the designated done clearly. If done expressly, it must conform with forms
time and preserving its form and substance, unless the title of donation. Renunciation of usufructuary’s rights is NOT
constituting it or the law provides otherwise (Pineda, an assignment of right. It is really abandonment by the
2009). usufructuary of his right and does not require the consent
of the naked owner but it is subject to the rights of
32. How may it be constituted? creditors. There can be a partial waiver except if it is a
Art. 563. Usufruct is constituted by law, by the will of universal usufruct.
private persons expressed in acts inter vivos or in a last will
and testament, and by prescription. 7. Merger of the usufruct and ownership in the same
person who becomes the absolute owner thereof (NCC,
Creation of usufruct: Art. 1275).
a. Legal or that created by law or declared by law, such as
the usufruct of the parents over the property of their Other Causes of termination of usufruct
unemancipated children; a. Annulment of the act or title constituting the usufruct;
b. Voluntary or that created by will of the parties, wither by b. Rescission;
act inter vivos, such as contract or donation, or by act c. Expropriation;
mortis causa, such as in a last will and testament; and d. Mutual withdrawal;
c. Mixed or that acquired by prescription, such as where e. Legal causes for terminating legal usufruct;
one believing himself the owner of the property of an f. Abandonment or dissolution of juridical entity (e.g.
absentee, gave in his will the usufruct of the property to his corporation) granted with usufruct before the lapse of the
wife and the naked ownership to his brother, and the wife period.
possessed in good faith the property as usufructuary for the
requisite prescriptive period. This kind of usufruct is mixed 34. Memorize Arts. 562 to 565.
beause both the law and the volition of the person
(usufructuary) participate in its creation. Art. 562. Usufruct gives a right to enjoy the property of
another with the obligation of preserving its form and
33. How may it be extinguished? substance, unless the title constituting it or the law
Usufruct is extinguished by: otherwise provides.
1. Acquisitive Prescription
NOTE: The use by a third person and not the non-use by Art. 563. Usufruct is constituted by law, by the will of
the usufructuary. Mere non-use of the usufructuary does private persons expressed in acts inter vivos or in a last
not terminate the usufruct will and testament, and by prescription.
XPN: unless it is also a renunciation.
Art. 564. Usufruct may be constituted on the whole or a
2. Total Loss of the thing part of the fruits of the thing, in favor of one more persons,
NOTE: If the loss is only partial, the usufruct continues simultaneously or successively, and in every case from or
with the remaining part. to a certain day, purely or conditionally. It may also be
constituted on a right, provided it is not strictly personal or
3. Death of the usufructuary intransmissible.
GR: Death of the usufructuary generally ends the usufruct
since a usufruct is constituted essentially as a lifetime Art. 565. The rights and obligations of the usufructuary
benefit for the usufructuary or in consideration of his shall be those provided in the title constituting the usufruct;
person. in default of such title, or in case it is deficient, the
XPNs: provisions contained in the two following Chapters shall
a. In the case of multiple usufructs, it ends on the be observed.
death of the last survivor (NCC, Art. 611);
35. Know the rights of a usufructaury.

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1. As to the thing and its fruits: 3. Those at the termination of the usufruct, to wit:
a. To receive the fruits of the property in usufruct and half a. To return the thing in usufruct to the naked
of the hidden treasure he accidentally finds on the property owner unless there is a right of retention (Art. 612);
(Arts. 566, 438); b. To pay legal interest for the time that the
b. To enjoy any increase which the thing in usufruct may usufruct lasts, on the amount spent by the owner for
acquire through accession (Art. 571); extraordinary repairs (Art. 594) and the proper interest on
c. To personally enjoy the thing in usufruct or lease it to the sums paid as taxes by the owner (Art. 597); and
another (Arts. 572-577); c. To indemnify the naked owner for any losses
d. To make on the property in usufruct such improvements due to his negligence or of his transferees. (Arts. 589-590)
or expenses he may deem property and to remove the
improvements provided no damage is caused to the
property (Art. 579); Ten Commandments for Stress and Anxiety (Part II)
e. To set-off the improvements he may have made on the
property against damage to the same (Art. 580); and 1. Learn to study fast. The same way Mau flies from El
f. To retain the thing until he is reimbursed for advances for Pueblo to PUP COL when she's late
extraordinary expenses and taxes on the capital. (Art. 612) 2. Be malumanay always. The same way Joy speaks kahit
may pandemic na.
2. As to the usufruct itself: 3. Be a national celebrity. Like Par.
a. To alienate (or mortgage) the right of usufruct (Art. 572) 4. Be there for a friend, even if it means eating chicken
except parental usufruct (see Arts. 225, 226, Family Code); wings every day for the rest of your law school life. Like
b. In a usufruct to recover property or a real right, to bring Ivane.
the action and to oblige the owner thereof to give him 5. Even though imbyerna na sayo Prof, just say
proper authority and necessary proof (Art. 578); and "Alright." - Doss
c. In a usufruct of part of a common property, to exercise all 6. When you can't take it anymore, paluto ka ng
the rights pertaining to the co-owner with respect to the carbonara kay Janine. Tiyak, meron yan kinabukasan.
administration and collection of fruits or interests from the 7. Kung hindi ka pa handa sa recit, mag-CR ka tuwing
property. (Art. 582) Sabado. Pagbalik mo, paniguradong tapos na ang klase.
8. Emptio rei speratae - a spell to make all your problems
3. As to advances and damages: go away.
a. To be reimbursed for indispensable extraordinary repairs 9. Magpaalam ka sa nanay ni Krizz na di ka papasok sa
made by him in an amount equal to the increase in value iskul.
which the property may have acquired by reason of such 10. Mag-jowa ka ng di magagalit kapag nag-aaral ka for
repairs (Art. 594); recit. Nagda-drama ka pa na di maka-relate sa
b. To reimbursed for taxes on the capital advanced by him pinagdadaanan. So, mag-jowa ka ng kaklase mo. Hi,
(Art. 597, par. 2); and Jayson.
c. To be indemnified for damages caused to him by the
naked owner. (Art. 581)
Quiz:
36. Know the obligations of a usufructuary.
1. Those before the usufruct begins, to wit: 1. What is usufruct? (Art. 562)
a. To make an inventory of the property; and a. How is it created? 5 pts
b. To give security (Art. 583); b. How is it extinguished 5 pts
A: (see answers above)
2. Those during the usufruct, to wit:
a. To take care of the property (Art. 589); 2. Can a usufructuary sell the thing in usufruct?
b. To replace with the young thererof animals that Explain. 5 pts
die or are lost in certain cases when the usufruct is A: The usufructuary may alienate or lease his right of
constituted on flock or herd of livestock (Art. 591); usufruct being the owner of such right (Art. 572).
c. To make ordinary repairs (Art. 592, par. 1); Art. 572. The usufructuary may personally enjoy the thing
d. To notify the owner of urgent extraordinary in usufruct, lease it to another, or alienate his right of
repairs (Art. 593); usufruct, even by gratuitous title; but all the contracts he
e. To permit works and improvements by the may enter into as such usufructuary shall terminate upon
naked owner not prejudicial to the usufruct (Art. 595); the expiration of the usufruct, saving leases of rural lands,
f. To pay annual taxes and charges on the fruits which shall be considered as subsisting during the
(Art. 596); agricultural year.
g. To pay interest on taxes on capital paid by the
naked owner (Art. 597); 3. Jojo gave Peter the usufruct of 500 sacks of rice for
h. To pay debts when the usufruct is constituted on the use of the latter’s close friends and relatives only.
the whole of a patrimony (Art. 598); a. What are the rights and obligations of Peter
i. To secure the naked owner’s or court’s approval during the existence of the usufruct? 5 pts
to collect credits in certain cases (Art. 599); b. What are the rights and obligations of Peter
j. To notify the owner of any prejudicial act upon the termination of the usufruct? 5 pts
committed by third persons (Art. 601); and A: a. Peter’s has the right to make use of the 500 sacks of
k. To pay for court expenses and consts regarding rice as if he is the owner. This right is dictated by Article
usufruct (Art. 602); and 574 of the New Civil Code, which applies to what is
sometimes referred to as a “quasi-usufruct”. Since the form

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and substance is not really preserved, the usufructuary takes a. Bea’s right to the usufruct subsists and is in full force
on the nature of a simple loan. Therefore, Peter has the right and effect upon the house and lot existing thereon, in
of use, as well as the right to pledge or alienate the said accordance with the Supreme Court ruling in the case of
thing. Rosario Grey vda. De Albar and Jose M. Grey vs. Josefa
Fabie De Carangdang.
b. At the end of the usufruct, Peter must pay the appraised
value, if said value was appraised when first delivered; or, It should be remembered that the usufruct was
if there was no appraisal, return the same kind, quality, and granted to Bea by Gerald on the house AND the lot,
quantity or pay the price current at the termination of the thereby giving Bea the right of use to both. It is also under
usufruct. the law that such a right to a building, although destroyed,
is preserved for the intention of eventually rebuilding it.
4. Bea was given a usufruct over a house and lot owned The fact that the house was rebuilt without Bea’s consent
by Gerald, “until her last dying breath”. One day, the and at Julia’s expense, at Gerald’s bidding, does not
house was totally destroyed by an earthquake. extinguish Bea’s rights over the land and any house that
a. What will happen to the usufruct? 10 pts may be constructed thereon.
b. What are the rights and obligations of Bea,
under the circumstances? 10 pts b. Julia has the right to be reimbursed for the
A: a. The usufruct still subsists. Art. 604 of the NCC states improvements (the building of the house) she made on the
that if the thing given in usufruct should be lost only in usufruct. This is in accordance to the very basic tenets of
part, the right shall continue on the remaining part. This is Civil Code that no one should be unjustly enriched at the
to be correlated to Art. 607 on the usufruct of land and expense of others.
materials of the building.
Under Art. 445 of the NCC, the owner of the land
The subject in the said case is a house and a lot. owns the improvements made thereon. Julia has built the
The provisions are clear. The destruction of the building house at her expense and ultimately, such an improvement
terminates the usufruct on the building but not the usufruct would redound to the benefit of Gerald, the owner of the
on the land. Regardless of the manner in which the land and by extension, Bea, who is the usufructuary. It
usufructuary is destroyed, Bea is still entitled to the use of would be unjust to deprive Julia of any right if she would
the land and the materials of the house in the usufruct. To not be able to make use of any part of the house which she
extinguish a usufruct, the loss must be total. This is a case had used her own money on. Article 19 of the NCC
of partial loss. explicitly states that every person must, in the exercise of
his rights and in the performance of his duties, act with
b. Under Art. 607 of the NCC, if the usufruct is constituted justice, give everyone his due, and observe honesty and
on immovable property of which a building forms part, and good faith.
the latter should be destroyed in any manner whatsoever,
the usufructuary shall have a right to make use of the land It is obvious in this fundamental provision that
and the materials. Julia should be entitled to reimbursement from Gerald for
the building of the house for it is he who would ultimately
Bea can insist on the use of the land and the be benefited in what was done on his property.
materials for the remainder of the term of the usufruct as
the right is granted to her by the law. This right is granted c. Gerald has the right to construct any works and make
as a temporary measure to keep the usufruct alive until the any improvement provided that it does not diminish the
building is reconstructed or replaced because if this right is value or the usufruct or prejudice the rights of the
not upheld, the usufruct will be rendered nugatory. usufructuary. This, in addition to his obligation to pay Julia
for the expenses made in the building of the house, and to
The reason is obvious: since the usufruct has not maintain Bea’s right over the usufruct as previously agreed
been extinguished by the destruction of the building and the upon, should be observed.
usufruct is for life as in this case, it is but fair that the
usufructuary continue to enjoy the use of the land and the It is established that Gerald is the owner of the
materials that they may be constructed on the land. To hold house and lot. However, it should be noted that his
otherwise would be to affirm that the usufruct has been agreements with Julia and Bea should be honored under
extinguished. the law. Since he has given consent to build the house on
the land which he will ultimately own in its entirety, he is
5. A month later, Julia came to see Gerald and both obligated to pay Julia the expenses incurred in doing so.
agreed to construct a new house on the same lot, which Also, since he has given Bea the usufruct over the house
Julia did, at her own expense. What are the rights and and the lot until her death, it follows that Bea’s use and
obligations, if any, of the following, in relation to the enjoyment to both still subsists and the granting of such
house and lot: older right (which takes precedence over any subsequent
a. Bea 10 pts agreement with Julia) should be given foremost
b. Julia 10 pts consideration.
c. Gerald 10 pts
d. Dennis 5 pts d. Dennis has absolutely no rights since he is not a party,
nor privy to, the case at hand.
A: (Refer to the case of Rosario Grey vda. De Albar and
Jose M. Grey vs. Josefa Fabie De Carangdang, G.R. No. L- 6. Marjorie was granted a usufruct over a condo unit
13361, Dec. 29, 1959) by Dennis. Marjorie used the unit as her love nest with

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Enrico. She totally neglected to maintain the unit and its form or substance or do anything prejudicial to the
allowed it to deteriorate. In short she used the unit in a usufructuary. A purchaser of the property must respect the
really bad way. Dennis wanted to restore the condo unit usufruct in case it is registered or known to him (Art. 709),
and preserve its good livable condition. He approached otherwise, he can oust the usufructuary, who can then look
you and sought your advice as to what his options are. to the naked owner for damages.
What will be your advice? 20 pts
Suggested answer: As to the usufructuary, a usufruct cannot be sold. The
A: My suggestion to Dennis would be to demand from usufructuary obtains the jus utendi (right to use) and jus
Marjorie the repairs of the condo unit under Article 592 of fruendi (right to use) of the property but not the jus
the NCC. If she fails to do so, then the owner may make disponendi (right to dispose). It is clear under the
them, personally or through another, at the expense of the definition of usufruct in Article 562 of the NCC that one of
usufructuary. the three fundamental rights of ownership is not given to
the usufructuary because no ownership has been conveyed.
Damage to property caused by the fault or The owner retains the power to alienate the property and as
negligence of the usufructuary is demandable right away, such, only the owner may sell the property and not the
and therefore Dennis need not wait for the end of the usufructuary.
usufruct before bringing the proper action for indemnity (4
Manresa 477; Paras, p. 619). Furthermore, under the law, 3. What is the maximum period for a usufruct?
the usufructuary is not entitled to to reimbursement for A usufruct is meant as a lifetime grant. If there is no period
ordinary repairs (Art. 592) but may retain the property until stipulated by the parties, the usufruct shall end only upon
he is reimbursed of extraordinary expenses, which he may the death of the usufructuary. However, a usufruct
have been compelled to do (Art. 612). constituted in favor of a town, corporation, or association
cannot exceed 50 years. (Art 605)
It is the obligation of the usufructuary to preserve
the form and substance of the thing in usufruct to prevent 4. Can a lease agreement be the subject of a usufruct?
extraordinary exploitation, prevent abuse of property and A: No, for the simple reason that putting a lease agreement
prevent impairment. Therefore, Marjorie is obliged to make under a usufruct would be pointless.
ordinary repairs (Art. 592) and to take care of the property
as a good father of the family (Art. 589). This is due to the We first must look into the nature of a usufruct
fact that it is Marjorie who would ultimately benefit from and a lease agreement. A usufruct entitles a person to the
such repairs. Also, if it were not for her neglect and the use and enjoyment of the property of another, with the
violation of the trust given to her as a usufructuary, there obligation to preserve its form and substance. Meanwhile,
would be no need for such extensive repairs. in a lease, one of the parties binds himself to give to
another the enjoyment or use for a thing for a price certain,
Side note: This is my answer acting or advising as Dennis’ and for a period of time, which generally covers only a
lawyer and thinking about which course of action would be particular or specific use.
the least prejudicial/more beneficial to him.
I could not apply Article 610 in this situation because The problem now asks of us if a contract which is
according to my research, (Paras and de Leon as limited to a specific use and period, with a certain price as
reference), the bad use should cause considerable damage consideration, may be given to another as a usufruct – the
to the owner and not to the thing itself. In this case, there nature of which is the right to the use and enjoyment of the
is no damage to Dennis but to the condo unit. An example thing and its fruits without a specified period. Now, it
of damage done to the owner is if the usufructuary has would be stretching the imagination to think about the
not given any security or the security given is insufficient reasons as to why a person would do so, but it would have
especially if the owner has no other property. Art. 610 no benefit to him whatsoever and may even lead to
does not contemplate, in any way, a situation where additional liabilities to the naked owner.
damage to the property is considered ipso facto damage to
the owner. Also, if you look at the UST Golden notes, Additionally, it is a well-settled principle in law
demand for administration and demand is placed under that no one can give what he does not have. It is to be
Effects of failure to give security. remembered that a usufruct can only be created by the
owner, or by a duly authorized agent while a lessor may or
Seatwork: may not be the owner (as when there is a sub-lease or
1. The family of Sps. H and W was made usufructuary when the lessor is only a usufructuary). But nowhere does
of a condo bldg. HW both died in a plane crash. What it say in the creation of a lease and usufruct that a lessee
will happen to the usufruct? can subject the lease agreement to a usufruct, since he or
A: The usufruct is granted to the family of Sps. H and W. If she does not have the ownership of the thing.
they have no children, the usufruct will be extinguished
pursuant to Art 603(1). However, if there are other 5. Which is better, usufruct or lease? Why?
surviving family members, the usufruct will subsist A: It depends.
pursuant to Art 611.
For the person being granted the right, it would be
2. Can a usufruct be sold? more beneficial to be a usufructuary than a lessee, since a
usufruct affords enjoyment and use of a thing (including its
A: As to the naked owner, a usufruct can be sold. Since the fruits, accessions, etc.) and is meant as a lifetime grant;
jus disponendi and the title reside with the naked owner, he may be created by law, contract, last will, or prescription;
retains the right to alienate the property but he cannot alter and may even earn income by leasing the property itself to

Midterms Reviewer in Property Sison, PKD

another. It affords him almost the same rights and benefits
as the naked owner, except for the ownership itself. The
only burden would be the responsibility to pay the annual
charges and taxes on the fruits and ordinary repairs.

On the other hand, lease limits the use to a specific

purpose and a specific period; and is created generally only
by contract and is subject or limited by it stipulations.

As for the person giving the right, it would be

more beneficial to be a lessor since there is an ability to
limit and dictate the terms of the use and the period of use
of the thing, within of course, the limits set by law. There is
also an obligation on the part of the lessee to pay the lessor
of the proper rent.

It’s easy to think that success or failure is strictly

personal. That all you have to think about is yourself and
how you’ll get there. But all your grand goals and your
ambition wouldn’t matter, because it’s the people around
you who will remember you, and not the papers you
answered and passing compliments you get. None of it
would matter when at the end of the day, all you have is
yourself. Knowledge is meant to be shared.

This reviewer would not be possible without the

knowledge shared by my dear friends, helping little, old
me when I’m gasping for air. Thanks for entertaining my
midnight rants about the law and my questions.

DISCLAIMER: I do not pretend nor compare myself to the

likes of Rabuya, De Leon, or Paras that I know all the
answers to the questions. SUGGESTED ANSWERS lang
ito. It’s up to you to take the suggestions. I absolve myself
from all liability. Nevertheless, good luck to us all!

PKDS.

Midterms Reviewer in Property Sison, PKD