c property 1

8/13/2019 c Property 1

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A t e n e o n o t e s ( 2 0 0 1 )

T i t l e I P R O P E R T Y

Classification (according to mobilit)!

1. Immovable real property

2. Movable personal property

Re"#isites!

1. Utility

2. Individuality/Substantivity

3. Susceptibility of appropriation

Real Rig$ts

1. no passive subject claim against !ole orld

2. object is corporeal t!ing "obligation#

3. creates juridical relations t!roug! mode $ title

%. e&tinguis!ed t!roug! loss or destruction of t!ing

e.g. 'egistration

Real rights arises from (OPLUMEPARP)

1. (ners!ip )# *asement2. +ossession ,# +ledge

3. -ease # ntic!resis

%. Usufruct 0# 'edemption. Mortgage 1# +reemption

Personal Rig$ts

1. +assive and active subject

2. (bject is an intangible t!ing "specific t!ing#

3. reates juridical relations t!roug! title

%. 4ot e&tinguis!ed t!roug! loss or destruction of t!ing

*.g. ction to recover sum of money or debt

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Immo%able &ro&ert

1. By nature cannot be moved from place to place because of t!eir nature a# land5 buildings $ all 6inds of constructions ad!ered to soil

b# mine5 7uarries

2. By incorporation essentially movables but attac!ed to an immovable t!at it becomes an

integral part of it

a# trees5 plants $ groing fruits ad!ered to soilb# everyt!ing attac!ed to an immovable t!at it ill brea6 if separated

c# statues5 paintings if intended by oner to be integral part of immovable

d# animal !ouses if intended by oner to become permanently attac!ed to immovable

3. By destination movables but purpose is to parta6e of an integral part of an immovable

a# mac!inery placed by oner of t!e tenement $ tend directly to meet t!e needs of suc!

or6s/industry

b# fertili8ers !en applied to soilc# doc6s $ floating structures

%. By analogy/y la! contracts for public or6s5 servitude $ ot!er real rig!ts over

immovable property

'o%able &ro&ert

1. susceptible of appropriation t!at are not included in enumeration in immovable

2. immovable t!at are designated as movable by special provision of la

3. forces of nature broug!t under control by science

%. t!ings /c can be transported /o impairment of real property !ere t!ey are fi&ed

. obligations !ic! involve demandable sums "credits#

). s!ares of stoc6s of agricultural5 commercial $ industrial entities alt!oug! t!ey may !ave

real estate

Classification of 'o%ables

1. consumable cannot be utili8ed /o being consumed

2. non9consumable

Classification of Pro&ert (according to oners$i&)!

"# Pulic dominion $

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a# intended for public use

b# intended for public service of state5 provinces5 cities $ municipalities

C$aracteristics!a# outside t!e commerce of men cannot be alienated or leased

b# cannot be ac7uired by private individual t!roug! prescription

c# not subject to attac!ment $ e&ecution

d# cannot be burdened by voluntary easement

2 Pri%ate Oners$i&

a# patrimonial property of state5 provinces5 cities5 municipalities

1. e&ist for attaining economic ends of state

2. property of public dominion !en no longer intended for public use/service

declared patrimonial

b# property belonging to private persons individually or collectively

T i t l e I I O * + E R , - I P

C$a&ter 1! O*+ER,-IP I+ .E+ERA/

efinitions of Oners$i&

Independent and general rig!t of a person to control a t!ing particularly in !is possession5enjoyment5 disposition5 and recovery5 subject to no restrictions e&cept t!ose imposed by t!e

state or private persons5 it!out prejudice to t!e provisions of t!e la.

+oer of a person over a t!ing for purposes recogni8ed by la $ it!in t!e limitsestablis!ed by la

Attrib#tes!

1. Jus possidendi rig!t to possess

2. Jus utendi rig!t to enjoy

3. Jus fruendi rig!t to fruits

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%. Jus abutendi rig!t to use and abuse

. Jus disponendi rig!t to dispose

). Jus vindicandi rig!t to e&clude ot!ers from possession of t!e t!ing

Actions for &ossession!

1. mo%ale replevin "return of a movable#

2. immo%alea# forcible entry used by person deprived of possession t!roug! violence5 intimidation

"p!ysical possession5 1 year unlaful deprivation#

b# unlawful detainer used by lessor/person !aving legal rig!t over property !en

lessee/person it!!olding property refuses to surrender possession of property after

e&piration of lease/rig!t to !old property "p!ysical possession5 1 year from unlafuldeprivation#

c# accion publiciana plenary action to recover possession

d# accion reinvindicatoria recovery of dominion of property as oner

,. Principle of self help self defense

Elements&

a# +erson e&ercising rig!ts is oner or laful possessor

b# :!ere is actual or t!reatened unlaful p!ysical invasion of !is property

c# Use force as may be reasonably necessary to repel or prevent it

vailable only !en possession !as not yet been lost5 if already lost resort to

judicial process

May be e&ercised by 3rdperson negotiorum gestio

8. Right to enclose or fence w/o detriment to servitude constituted

0. Right to surface & everything under it only as far as necessary for !is practical interest"benefit or enjoyment#

"'# Right to hidden treasure found in o!n property

a# !idden and un6non movables /c consist of money or precious objects

b# oner is un6non

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c# by c!ance if property oner is state ; belongs to finder< also if in anot!er=s property

a. consumable

b. intended for salec. appraised !en delivered< if not appraised $ consumable return same 7uality

)mutuum*

%. 'ig!t not e&empt from e&ecution and can be sold at public auction by oner

. 4a6ed oner still !ave rig!ts but /o prejudice to usufructuary< may still e&ercise act of

oners!ip bring action to preserve

). 'ig!t to fruits groing at time usufruct begins< groing fruits at termination of usufructbelongs to oner

,. 'ig!t to necessary e&penses from cultivation at end of usufruct. 'ig!t to enjoy accessions $ servitudes in its favor $ all benefits in!erent t!erein0. 'ig!t to ma6e use of dead trun6s of fruit bearing trees $ s!rubs or t!ose uprooted/cut by

accident but obliged to plant ane

1. 'ig!t of usufructuary of oodland ordinary cutting as oner does !abitually or customof place< cannot cut don trees unless it is for t!e restoration of improvement of t!ings in

usufruct must notify oner first

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11. 'ig!t to leave dead5 uprooted trees at t!e disposal of oner it! rig!t to demand t!at

oner s!ould clear $ remove t!em if caused by calamity or e&traordinary event

impossible to replace t!em12. 'ig!t to oblige oner to give aut!ority $ furnis! !im proofs if usufruct is e&tended to

recover real property or real rig!t

13. 'ig!t to necessary e&penses1%. 'ig!t to introduce useful $ lu&urious e&penses but it! no obligation of reimbursement

on part of oner< may remove improvement if can be done /o damage

1. 'ig!t to set9off improvements against damages !e made against t!e property1). 'ig!t to administer !en property is co9oned< if co9oners!ip cease usufruct of part

allotted to co9oner belongs to usufructuary not affected

1,. 'ig!t to demand t!e increase in value of property if oner did not spend for

e&traordinary repairs !en urgent $ necessary for preservation of t!ing

Rig$ts of na?ed oner

1. lienate t!ing2. an=t alter form or substance

3. an=t do anyt!ing prejudicial to usufructuary%. onstruct any or6s and ma6e any improvement provided it does not diminis! value or

usufruct or prejudice rig!t of usufructuary

Obligations of #s#fr#ct#ar!

1. +ay e&penses to 3rd persons for cultivation $ production at beginning of usufruct< !ose

!o !ave rig!t to fruits s!ould reimburse e&penses incurred

2. Cenerally5 usufructuary !as no liability !en due to ear $ tear5 t!ing deteriorates5

obliged to return in t!at state< e&cept !en t!ere is fraud or negligence5 t!en !e s!all beliable

#. +efore entering into usufructuary

a# 4otice of inventory of property "appraisal of movables $ description#

b# +osting of security1. not applicable to parents !o are usufructuary of c!ildren e&cept !en 2nd

marriage contracted

2. e&cused alloed by oner5 not re7uired by la or no one ill be injured

failure to give security owner may demand that

a. immovables be placed under administration

b. 4I can be converted into registered certificates or deposited in ban6

c. apital $ proceeds of sale of movables be invested in safe securities

d. Interest on proceeds or property under admin belong to usufructuarye. (ner may retain property as administrator / obligation to deliver fruits to

usufructuary until !e gives sufficient security

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f. *ffect of security is retroactive to day !e is entitled to fruits

%. :a6e care of property as a good fat!er of family. -iable for negligence $ fault of person !o substitute !im

). f usufruct is constituted on animals duty bound to replace dead animals t!at die from

natural causes or became prey< if all of t!em peris! /o fault but due to contagiousdisease / uncommon event deliver remains saved< if perish in part due to accident

continue on remaining portion< if on sterile animals as if fungible replace same 6ind

$ 7uality.,. !bliged to ma,e ordinary repairs ear $ tear due to natural use of t!ing and are

indispensable for preservation< oner may ma6e t!em at e&pense of usufructuary

during e&istence of usufruct

. !bliged to ma,e expenses due to his fault< cannot escape by renouncing usufruct0. +ay legal interest from e&traordinary e&penses made by oner

1. +ayment of e&penses5 c!arges $ ta&es affecting fruits

11. +ayment of interest on amount paid by oner c!arges on capital

12. (bliged to notify oner of act of 3

rd

person prejudicial to rig!ts of oners!ip !e isliable if !e does not do so for damages as if it as caused t!roug! !is on fault

13. *&penses5 cost $ liabilities in suits broug!t it! regard to usufructuary borne byusufructuary

Obligations of oner

1. e&traordinary e&penses< usufructuary obliged to inform oner !en urgent and t!ere is

t!e need to ma6e t!em

2. e&penses after renunciation of usufruct3. ta&es $ e&penses imposed directly on capital

%. if property is mortgaged5 usufructuary !as no obligation to pay mortgage< if attac!ed5oner to be liable for !atever is lost by usufructuary. if property is e&propriated for public use oner obliged to eit!er replace it or pay legal

interest to usufructuary of net proceeds of t!e same

Eting#is$ment of #s#fr#ct

1. deat! of usufructuary unless contrary intention appears

2. e&piration of period of usufruct

3. merger of usufruct $ oners!ip%. renunciation of usufructuary e&press

. total loss of t!ing). termination of rig!t of person constituting usufruct,. prescription use by 3rdperson

loss in part remaining part s!all continue to be !eld in usufruct

usufruct cannot be constituted in favor of a ton5 orp or assoc. for more t!an years

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usufruct constituted on immovable !ereby a building is erected 9 $ building is

destroyed rig!t to ma6e use of land $ materials

if oner is!es to construct a ne building pay usufructuary t!e value of interest ofland $ materials

bot! s!are in insurance if bot! pays premium< if only oner t!en proceeds ill go to

oner only effect if bad use of t!e t!ing oner may demand t!e delivery of and administration of

t!e t!ing it! responsibility to deliver net fruits to usufructuary

at termination of usufruct>

t!ing to be delivered to oner it! rig!t of retention for ta&es $ e&traordinary e&penses

/c s!ould be reimbursed

security of mortgage s!all be cancelled

5OO> III IERE+T 'OE, O AC:6IRI+. O*+ER,-IP

ifferent 'odes of ac"#iring oners$i&! (O/TIP,)

1# (ccupation2# -a

3# Aonation%# :radition

# Intellectual +roperty

)# +rescription,# Succession

'OE +ro&imate cause of oners!ip " sales5 donation#

TIT/E 'emote cause of oners!ip< merely constituted t!e means

OCC6PATIO+

1. :!ere s!ould be a corporeal t!ing "tangible# !ic! must !ave a DcorpusE "body# $ t!at

t!ing s!ould !ave no oner

2. :!ere must be actual occupancy< t!ing must be subjected to one=s control/disposition3. :!ere must be an intention to occupy

%. ccomplis!ed according to legal rules

-hat are the things susceptile to occupation.

t!ings t!at are /o oner res nullius< abandoned

stolen property cannot be subject of occupation

animals t!at are t!e object of !unting $ fis!ing

?inds of animals!

a# wild considered res nullius!en not yet captured< !en captured

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$ escaped become res nulliusagain

b# domesticated animals originally ild but !ave been captured $ tamed< nobelong to t!eir capturer< !as !abit of returning to premises of oner< becomes res

nulliusif t!ey lose t!at !abit of returning $ regain t!eir original state of freedom

c# domestic/tame animals born $ ordinarily raised under t!e care of people inter vivos

5adges of mortis causa!

1. :itle remains it! donor "full or na6ed oners!ip#$ conveyed only upon deat!2. Aonor can revo6ed ad mutuum3. :ransfer is void if transferor survives transfer

>inds of donation I+TER =I=O,

1# pure/simple

2# remuneratory

3# conditional%# onerous

P#re9,im&le Rem#nerator Conditional Onero#s

a) Consideration

Merits of donee -iberality or merits ofdonee or burden/

c!arge of past services

provided t!ey do notconstitute demandable

debt

Galuableconsideration is

imposed but value is

less t!an value oft!ing donated

Galuableconsideration

given

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b) la to a&&l9

forms

-a on donations -a on donations *&tent of burden -a on

obligations

imposedHoblicon

e&cessHdonationc) form of

acce&tance

'e7uired 'e7uired 'e7uired 'e7uired

d) reser%ation

9regards to

&ersonal s#&&ort

4 legitime

pplicable pplicable pplicable 4ot pplicable

e) arrant

against e%iction 4

$idden defectsIn bad fait! only In bad fait! only In bad fait! only pplies

f) re%ocation

pplicable pplicable pplicable pplicable

-ho may gi%e donations

9 ll persons !o may contract and dispose of t!eir property

-ho may accept donations&

1. natural & juridical persons/c are not especially dis7ualified by la2. minors & other incapacitated

a# by t!emselves

9 if pure $ simple donation

9 if it does not re7uire ritten acceptance

b# by guardian5 legal representatives if needs ritten acceptance

1. natural guardian not more t!an 5 2. court appointed 9 more t!an 5

3. conceived $ unborn c!ild5 represented by person !o ould !ave beenguardian if already born

*$o are dis"#alified to donate!

1. guardians $ trustees it! respect to property entrusted to t!em

2. !usband $ ife

3. beteen paramours/persons guilty of adultery

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%. beteen parties guilty of same criminal offense

. made to public officers5 ife5 descendant5 ascendant

Ot$er &ersons dis"#alified to recei%e donations!

1. priest !o !eard confession of donor during !is last illness2. relatives of priest it!in %t!degree5 c!urc!5 order5 community !ere priest belongs

3. p!ysician5 nurse5 etc. !o too6 care of donor during !is last illness

%. individuals5 corporations5 associations not permitted

-hat may e gi%en&

4ll or part of donor5s present property provided he reserves sufficient means for thesupport of the ff

a# !imself

b# relatives !o by la are entitled to !is supportc# legitimes s!all not be impaired

!en /o reservation or if inofficious5 may be reduced on petition of persons affected

exceptconditional donation $ donation mortis causa

exceptfuture property

O65/E O+ATIO+,!

R#le!+riority in time5 priority in rig!t

1. f movable one !o first ta6e possession in good fait!

2. f immovable one !o recorded in registry of property in good fait!

9 no inscription5 one !o first too6 possession in good fait!

9 in absence thereof5 one !o can present oldest title

RE=OCATIO+ O O+ATIO+,

applies only to donation inter vivos

not applicable to onerous donations

-ith regards to donations made y person !ithout children or descendants at time of

donation&

1. If donor s!ould !ave legitimate5 legitimated or illegitimate c!ildren

2. If c!ild came out to be alive $ not dead contrary to belief of donor

3. If donor subse7uently adopts a minor c!ild

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ction for revocation based on failure to comply it! condition in case of conditional

donations

Action for re%ocation y reason of ingratitude

1. Aonee commits offense against person5 !onor5 property of donor5 spouse5 c!ildren under!is parental aut!ority

2. Aonee imputes to donor any criminal offense or any cat involving moral turpitude even if

!e s!ould prove it unless act/crime !as been committed against donee !imself5 spouse or

c!ildren under !is parental aut!ority3. Aonee unduly refuses to give support to donor !en legally or morally bound to give

support to donor

5IRT- O C-I/ +O+

If already sold or cannot bereturned t!e value must be

returned

If mortgaged donor mayredeem t!e mortgage it!

rig!t to recover from donee

lienations/mortgagesimposed are void unless

registered it! 'egister of

Aeeds

+rior ones are void< demandvalue of property !en

alienated and can=t be

recovered or redeemed from3rdpersons

Fruits to be returned atfiling of action for

revocation

Fruits to be returned atfiling of complainant

+rescription of action is %

years from birt!5 etc.

+rescription is % years from

non9fulfilment

+rescription is 1 year from

6noledge of fact and it

as possible for !im tobring action

ction cannot be renounced ction cannot be renouncedin advance

'ig!t of action transmitted

to !eirs

'ig!t of action at instance

of donor but may betransmitted to !eirs

eirs can=t file action

ction e&tends to donee=s ction does not e&tend to

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!eirs donee=s !eirs

Ece&tion to r#le on intransmissibilit of action it$ regards to re%ocation d#e to

ingratit#de!

1. personal to t!e donor< general rule is !eir cannot institute if donor did not institute

(. heirs can only file in the ff cases

a# donor !as instituted proceedings but dies before bringing civil action forrevocation

b# donor already instituted civil action but died5 !eirs can substitute

c# donee 6illed donor or !is ingratitude caused t!e deat! of t!e donord# donor died /o !aving 6non t!e ingratitude done

e# criminal action filed but abated by deat!

3. can only ma6e !eirs of donee liable if complaint as already filed !en donee died

Inofficio#s donations!

1. s!all be reduced it! regards to t!e e&cess

2. action to reduce to be filed by !eirs !o !ave rig!t to legitimate at time of donation

3. donees/creditors of deceased donor cannot as6 for reduction of donation

%. if there are ( or more donationrecent ones s!all be suppressed. if ( or more donation at same time treated e7ually $ reduction is pro rata but donor

may impose preference !ic! must be e&pressly stated in donation

c property 1

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