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1.1 Fundamentals of Property Ownership

This document defines key terms related to property ownership such as real property, real estate, personal property, and different types of estates. It discusses the different rights that come with ownership, kinds of ownership like sole, joint, and condominium ownership. It also covers restrictions on ownership like eminent domain, easements, and different ways property can be acquired. The document concludes with discussing different types of property relations between spouses under the Family Code of the Philippines.

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Cedric Recato Dy
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180 views4 pages

1.1 Fundamentals of Property Ownership

This document defines key terms related to property ownership such as real property, real estate, personal property, and different types of estates. It discusses the different rights that come with ownership, kinds of ownership like sole, joint, and condominium ownership. It also covers restrictions on ownership like eminent domain, easements, and different ways property can be acquired. The document concludes with discussing different types of property relations between spouses under the Family Code of the Philippines.

Uploaded by

Cedric Recato Dy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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1.

2 FUNDAMENTALS OF PROPERTY OWNERSHIP


By Engr. Wilfredo L. Segovia
TERMINOLOGIES
What is “Real Property?”
- real estate and other tangibles
- intangibles, such as patents, contracts, franchises, other rights..

What is “Real Estate?”


Land and fixtures or the improvements thereon such as homes and buildings… Immovables

What is “Personal Property?” movables… vehicles, apparel, jewelry.. also called “chattel”

What is meant by “”Ownership?”


Bundle of rights of ownership (3) – PUEDE-Rf
Possess, use, enjoy, dispose, exclude, recover fruits.
The fruits of ownership (3) – NCI: Natural, Civil, Industrial
Natural fruits – spontaneous products of soil; minerals;
Civil fruits – rental income;
Industrial fruits – those produced by cultivation or labor.

What is meant by “estate?”


The nature, weight or degree of a person’s right to exercise and transfer ownership.
Types of estates : 1 - Freehold or 2 - Less-than Freehold

1 – Freehold
Fee simple – absolute, unrestricted estate in perpetuity
Fee tail – estate that can only be inherited, can not be sold or willed.
Life estate – estate granted only for the life of the grantee…

2 - Less-than Freehold
Estate for years – a lease with a fixed period.
Tenancy – possession under a lease.
Usufruct – right to use.

KINDS OF OWNERSHIP
1 – Sole ownership – one person
2 – Joint ownership or co-ownership – two or more persons or entities..
3 – Condominium – multiple persons, two levels of ownership (unit and common)

RIGHTS OF Co-Owners
A co-owner may sell his rights over an undivided portion
A co-owner can not sell the rights of others
A co-owner may demand partition
A co-owner may demand pre-emption or redemption only to the extent of the portion he owns.
SCOPE OF OWNERSHIP
Ownership of land – includes ownership of its surface, beneath the surface and above the surface..
subject to servitudes..

Right of Accession – includes ownership of all things produced, incorporated or attached thereon, unless
otherwise stipulated by contract or deed.

Hidden Treasure
Any hidden or unknown deposit of money, precious objects whose lawful ownership is not shown.
Hidden treasure belongs to the land owner. Finder is entitled to 50% unless he is a trespasser.
The State may acquire it at a just price if it is of interest to science or the arts.

Land adjoining rivers.


Soil deposited by accretion – accrues to owner if not removed in 2 years.
Land left dry – does not accrue to owner.

Land adjoining rivers


Land inundated by flood – remains with owner.
Dried up river beds – can be acquired by those who lost land due to a new bed in the same proportion.
New river bed by natural action – becomes public domain.

Restrictions on ownership
Ownership is subject to servitudes, special laws, contracts
Restrictions: 2-3-4:
2 sets = Involuntary and Voluntary
3 Involuntary ED, E, PP Eminent domain, Escheat, Police power
4 Voluntary L, E, U, Ur Lease, easements, usufruct, use restrictions
What is “police power?” Taxation+Zoning

Easement – a voluntary right of way given to one’s neighbor/s


Servient estate – the giver; Dominant estate – the beneficiary
Types of easements:
Easement in gross – given to only one person
Easement appurtenant - continuous
Acquiring property

The 4 Modes of Acquisition: P P S I


1 - Private transfer; 2 - Public grants; 3 – Succession; 4 - Involuntary events

Filipino citizens defined - Article IV Sec. 1, 1987 Constitution


Already citizens in 1987
Born of Filipino parents
Born before Jan. 17, 1973 of Filipino mothers who elect citizenship upon reaching the age of 18.
Naturalized in accordance with law
Re-acquired citizenship under RA 9225
Filipinos right to property
Right to own private property without limit. Right to acquire alienable public domain – own 12
ha., lease 500 ha.

LANDS OF THE PUBLIC DOMAIN:


Agricultural, Forest, Mineral, National Parks

Government property
PUBLIC DOMINION: a) Land for public use; b) Land intended for public service

PATRIMONIAL PROPERTY – Lands of the public dominion owned by the State in its private capacity.

Private CORPORATIONS: Must Be 60% Filipino to own land


Private land : Own – 1,024 ha., Lease – 2,000 ha.
Alienable public domain: Lease only – 1,000 ha., 25+25 years

Foreigners can not acquire LAND except by -- 1-2-3:


1. Hereditary succession
2. Acquisition made under the 1935 constitution
3. Purchase of not more than 40% of units in a condominium project

Foreigners can LEASE LAND –


P.D. 471 – 25 years + 25 years
R.A. 7652 – 50 years + 25 (if Investor)
Former filipinos
BP 185 – Residential use : 1,000 sqm Urban OR one (1) ha. Rural185 -1,000 - 10,000
RA 7042 – Business use : 5,000 sqm Urban OR 3 ha. Rural 7042 – 5,000 – 30,000

Requisites of valid contracts: C-O-C


Consent; Object certain; Cause or consideration

VOID contracts: Unemancipated Minor (below 18), Insane, demented, deaf-mute who can not write
VOIDABLE contracts (valid until annulled) – mistake, violence, intimidation, fraud
Deeds – written instruments to transfer ownership
Requisites –
1. Grantor and Grantee
2. Words of conveyance
3. Signature of Grantor
4. At least 2 witnesses
5. Notarization
Restricted transfers:
1. Sales between husband and wife of their common property. (Civil Code Art. 1490)
2. Land acquired under Homestead or Free Patent can not be alienated within 5 years. Sale between 5
to 25 years need approval of Secretary of Agriculture and Natural Resources.
(C.A. 141)
3. Land acquired under various land reform programs are not transferable except by hereditary
succession or to the Government or LBP or another beneficiary, for 10 years from award.
4. Following can not acquire – Guardians; Agents, unless owner consents; Executors/administrators;
Public officers and employees tasked, including judges.

E.O. 209 FAMILY CODE – JULY 6, 1987


Property relations of spouses: Absolute community, Absolute separation, Conjugal partnership of
gains. Before marriage, spouse may choose from the 3 types by signing a pre-nup to be registered with
the Civil Registry. If none is made, AC shall govern after Aug. 4, 1988 and CPG prior to that.

Absolute community – co-ownership of ALL properties, before and during; except for the “Separate
Properties” which are –
1- Those acquired by gratuitous title during the marriage
2 – Properties for personal use (except jewelry)
3 – Properties acquired before marriage by a spouse with legitimate descendants from a prior marriage.

“ABSOLUTE COMMUNITY”
“I, Wilfredo Segovia, do hereby agree to give you one - half of my P5,000. savings ; and …. –
“ABSOLUTE COMMUNITY”
I, likewise do hereby accept one-half of your P 5,000,000. savings;
For richer or poorer, till death do us part.”
Absolute separation

Absolute separation – if agreed upon in the pre-nup, the properties of each spouse shall remain
separate. This includes whatever they had before the marriage and whatever they individually acquire
during the marriage.

Conjugal Partnership of Gains – properties acquired during marriage are conjugal; those before
marriage still separate. Those acquired during marriage by gratuitous title, redemption, barter or
exchange with one’s exclusive property or purchased with exclusive money are also separate. But the
gains in any income-earning property are conjugal.

Special notes
Gambling debts – not chargeable to community property; Gambling winnings shall form part of
community property.
Spouses jointly administer property but in case of disagreement, husband decides.
Spouses can not sell property to each other unless these are separate properties.
Conjugal partnership is terminated by – death, judicial decree of separation,marriage annulment.
Valid causes for judicial separation:
1. judicially declared absentee,
2. long-term jail term,
3. abandonment,
4. separation at least one year,
5. abuse of power.
Living-in couples – co-ownership rules apply if both have capacity to marry; otherwise, only the property
they acquired while living together are common property.
Thank you very much !

Engr. Willy Segovia


Mobile : 0917-839-4409 Mail: [email protected]

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