law on properties philippines

8/18/2019 Law on Properties Philippines

1/35

College of Business Administration EducationLegal Management

Bolton Street, Davao CityPersonal Law Notes

Jedi Bentillo

LAW ON PROPERTIES (Civil Code)

PROPERTY DEFINED

All things which are, or may be the object of

appropriation ( Art. 414, CC)

Requisites: (USA)

1. Utility

2. Substantivity or iniviuality

!. Appropriability

CLASSIFICATION OF PROPERTIES

NATURE OWNERSHIP

A. "mmovable

#roperties($eal #roperties)

%. &ovable

#roperties

(#ersonal

#roperties)

A. #ublic 'ominion%. #atrimonial

#roperty. #roperty f *ocal

+overnment

Units (*+Us)'. #rivate

wnership

I !Y NATURE

A I""O#A!LE PROPERTIES

(A$t %&' * +,$,-$,+.s)

(1) *an, builings, roas an

constructions of all ins ahere to thesoil-

(2) rees, plants an growing fruits, while they

are attache to the lan or form an integral

part of an immovable-

(!) /verything attache to an immovable

in a fi0e manner in such a way that it

cannot be separate therefrom without

breaing the material or eterioration of the

object-

() Statues, reliefs, paintings or other objects for

use or ornamentation, place in builings or

on lans by the owner of the immovable in

such a manner that it reveals the intentionto attach them permanently to the

tenements-

() &achinery, receptacles, instruments or

implements intene by the owner of

the tenement for an inustry or wors which

may be carrie on in a builing or on a

piece of lan, an which ten irectly to

meet the nees of the sai inustry or

wors-

Requisites:

a. mae by owner

b. inustry or wors carrie on builing or

on lan

c. machines, etc must ten irectly to meet

nees of the inustry or wors

. machines, etc. must be essential

an principal elements of the

inustry.

(3) Animal houses, pigeon4houses, beehives,

fishpons or breeing places of

similar nature, in case their owner has

place or preserve them, with the intention

to have them permanently attache to the

lan, an forming a permanent part of it- the

animals in those places are inclue-

(5) 6ertili7er actually use on a piece of lan-

(8) &ines, 9uarries an slag umps,while the matter thereof forms part of the

be, an waters either running or

stagnant-

(:) 'ocs an structures which, though

floating, are intene by their nature

an object to remain at a fi0e place

on a river, lae or coast- an

(1;) ontracts for public wors, an

servitues an other real rights over

immovable property

C,te-o$ies< (="'A)

1. $eal by /ature > it cannot be

carrie from place to place (pars.

1 ? 8, Art. 1, ivil oe)

2. $eal by incorporation > attache to an

immovable in a fi0e manner to be an

integral part thereof (pars. 14! Art. 1,

ivil oe)

!. $eal by destination > place in a n

immovable for the utility it gives to the

activity carrie thereon (pars. 45 an

: Art.

1, ivil oe)

. %y ,nalogy it is so classifie by e0press

provision of law (par. 1;, Art. 1, ivil

oe)

! "O#A!LE PROPERTIES

(A$t %&0 * +,$,-$,+.s S!" )

1) hose movables susceptible of

appropriation which are not inclue in

the preceing article-2) Real property which by any special

provision of law is consiere as

personalty-!) Forces of nature which are brought

uner control of science-) "n general, all things which can be

Transporte from place to place

without impairment of the real property

to which they are fi0e-

(A$t %&1 * +,$,-$,+.s)

1) bligations an actions which have

for their object movables or

emanable sums- an2) Shares of stoc of agricultural,

commercial an inustrial entities,

although they have real estate.

TESTS:

a) %y e 0 c l u s i o n < movables a re

everything not inclue in Art. 1.

b) %y escription< an object is movable

if it possesses<

1) Ability to change location

2) @ithout substantial injury to the

immovable to which it is

attache.


2/35

College of Business Administration EducationLegal Management

Bolton Street, Davao CityPersonal Law Notes

Jedi Bentillo

I2+o$t,/t Do3t$i/es4+$i/3i+les o/

i22ov,le ,/d 2ov,le +$o+e$ties:

a) A %uiling is an immovable even if not

erecte by the owner of the lan. he

only criterion is union or incorporation with

the soil. (Ladera vs. Hodges, 48 O.G.

4374).

b) #arties to a contract may by

agreement treat as personal properties

that which by nature woul be real

property- an it is a familiar phenomenon

to see things classes as real property for

purposes of ta0ation which on general

principle might be consiere personal

property (Standard Oil Co. vs. Jaranillo, 44!il "3#).

c) 6or purposes of attachment an

e0ecution an for purposes of the

hattel &ortgage *aw, ungathere proucts

have the nature of personal property. (Si$al

vs. %alde&, ' !il,

'#).

) he human boy, whether alive or ea, is

neither real nor personal property, for it is

not even property at all, in that it generally

cannot be appropriate. U n e r c er tai n

c o n it io n s , the boy of a person or parts

thereof may be subject matter of atransaction. (See $A =o. !:, $A =o. 515;,

$A =o. 551:).

e) @hat is the effect of temporary separation of

movables from the immovables to which

they have been attache

2 Biews<

1) hey continue to be regare as

immovables.

2) 6act of separation etermines the

conition of the objects thus

recovering their conition as

movables.

C the latter view is supporte by #aras

an olentino who maintains that the failure

of the coifiers to reprouce the provision of

the partias on the matter is an inication

that they i not inten the rule to continue.

f) A builing that is to be sol or mortgage

an which woul be immeiately emolishe

may be consiere personal property an the

sale or mortgage thereof woul be a sale of

chattel, or a chattel mortgage respectively, for

the true object of the contract woul be the

materials.

II !Y OWNERSHIP

A PROPERTY OF PU!LIC DO"INION

Co/3e+t: "t is not owne by the

state but pertains to the state, which, as

territorial sovereign e0ercises certain

juriical prerogatives over such

property. he ownership of such properties

is in the social group, whether national,

provincial or municipal.

Pu$+ose: o serve the citi7ens an

not the state as a juriical person.

5i/ds:

1. hose intene for public use

2. hose which are not for public

use but intene for public service!. hose intene for the

evelopment of the national wealth

C#AAC"E$S"$CS%

1. utsie the commerce of man

2. "nalienable. %ut when no longer

neee for public use or service, may

be eclare patrimonial property. "n

La*rel vs. Gar+ia (#87 SC- 77 ), the

Supreme ourt hel that Dwhether or

not the $oppongi an relate properties

will eventually be sol is a policy

etermination where both the #resient

an ongress must concurE.!. annot be ac9uire by

prescription

. =ot subject to attachment or e0ecution

. annot be burene with

easements

NOTE: hey cannot be registere uner the

lan registration law an be the subject of a

orrens title. he character of public property

is not affecte by possession or even a

orrens itle in favor of private persons.

(alan+a vs. Co//on0ealt!, " !il. 44).

! PATRI"ONIAL PROPERTY OF THE STATE

#roperty of the State owne by it in its private

or proprietary capacity. the state has the same rights over

this in of property as a private iniviual

in relation to his own private property

C PROPERTY OF LOCAL 6O#ERN"ENT

UNITS (L6Us)

1. #roperty for public use > consist of roas,

streets, s9uares, fountains, public waters,

promenaes an public wors for public

service pai for by the *+Us

2. #atrimonial #roperty > all other property

possesse by *+Us without prejuice to

provisions of special laws


3/35

NOTE: "n the case of rovin+e o1 2a/$oanga

Del orte vs. City o1 2a/$oanga, the Supreme

ourt categorically state that Dthis court is

not incline to hol that municipal property

hel an evote to public service is in the

same category as orinary private property.he classification of municipal property

evote for istinctly governmental purposes

as public shoul prevail over the ivil oe

in this particular caseE. Fere, the *aw of

&unicipal orporations was consiere as a

special law in the conte0t of Article 2 of the

=.

D PROPERTY OF PRI#ATE OWNERSHIP

$efers to all property belonging

to private persons either iniviually

or collectively an those belonging

to

the State an any of its political

subivisions which are patrimonial in

nature

&uebles or furniture generally has

for its principal object the furnishing or

ornamenting of a builing. =ote that thereare e0ceptions to this efinition an are

generally not inclue as furniture unless

the law or the iniviualGs eclaration

inclue them.

OWNERSHIP

he right to enjoy, ispose, an recover a

thing without further limitations than those

establishe by law or the will of the owner.

Ri-.ts i/3luded:

1. $ight to enjoy< (#U6A)a) to possess (jus possieni)

b) to use (jus uteni)

c) to the fruits (jus frueni)

an accessions

) to abuse (jus abuteni)

2. $ight to ispose< ('A/)

a) to estroy b)

to alienate

c) to transform

) to encumber

!. $ight to vinicate< ($#)

a) pursuit

b) recovery

. $ight to e0clue< (/$)

a) to enclose, fence an elimit b)

to repel intrusions even with

force

C.,$,3te$isti3s: (/+/"#)

1. wnership is El,sti3 > powerHs may be

reuce an thereafter

automatically recovere upon the

cessation of the limiting rights.

2. 6 e/e$,l > the right to mae use of all

the possibilities or utility of the thing

owne, e0cept those attache to other real

rights e0isting thereon.

!. E73lusive > there can only be one

ownership over a thing at a time. here

may be two or more owners but =*I

=/ ownership.

. I/de+e/de/3e > "t e0ists without necessity

of any other right

. P e$+etuit* > ownership lasts as long


4/35

as the thing e0ists. "t cannot be

e0tinguishe by non4user but only by


5/35

averse possession.

Li2it,tio/s:

1. +eneral limitations impose by the

State for its benefit

2. Specific limitations impose by law

!. *imitations impose by the party transmitting

the property either by contract or by will

. *imitations impose by the owner himself

. "nherent limitations arising from conflict with

other rights

De F,3to 3,se o8 E2i/e/t Do2,i/

e0propriation resulting from the actions of

nature as in one case where lan becomes

part of one sea. he owner loses his

property in favor of the state without any

compensation.

P$i/3i+le o8 Sel89Hel+ right of the owner or lawful

possessor to e0clue any person from the

enjoyment an isposal of the property by

the use of such force as may be necessary

to repel or prevent actual or threatene

unlawful physical invasion or usurpation of

his property.

Requisites: ($=A)

1. $ easonable force

2. owner or lawful possessor is the

person who will e0ercise

!. /o elay in oneGs e0ercise

. ,ctual or threatene physical invasion or usurpation

G-L 5L6 A person cannot interfere

with the right of ownership of another.

C9O6 Do3t$i/e o8 I/3o2+lete

P$ivile-e o$ St,te o8 Ne3essit* (Article

!2)

Requisites: ("')

1. Interference necessary

2. Damage to another much greater than

amage to property

LE6AL RE"EDIES TO RECO#ERPOSSESSION OF ONES PROPERTY

1. #ersonal property< $eplevin

REPLE#IN 4 remey when the complaint

prays for the recovery of the possession of

personal property.

2. $eal #roperty<

a. A"= "=/$'"A*

N,tu$e: summary action to

recover physical or material possession

only. "t consists of the summary

actions of<

& Fo$3ile e/t$*

Action for recovery of

material possession of real

property when a person originally

in possession was eprive

thereof by force, intimiation,

strategy, threat or stealth

; U/l,


6/35

efenant

-s to 0!en t!e # year :eriod is +o*nted

1ro/1 year perio is

generally counte

from the ate of

actual entry on

1 year perio is

counte from the

ate of last

eman or last

b. A"= #U%*""A=A

N,tu$e: rinary civil

proceeing to recover the better right

of possession, e0cept in cases of

forcible entry an unlawful etainer.

he involve is not possession e

facto but possession e jure.

c. A"= $/"B"='"A$"A

N,tu$e: action to recover real

property base on ownership. Fere,

the object is the recovery of the

ominion over the property as

owner.

Requisites:

1. "entity of the #roperty

2. #laintiffGs title to the

property

Su$8,3e Ri-.ts

he owner of parcel of lan is the

owner of its surface an everything

uner it.

he economic utility which such space

or subsoil offers to the owner of the

surface sets the limit of the ownerGs right

to the same.

HIDDEN TREASURE

De8i/itio/< any hien or unnown

eposit of money, jewelry or other

precious objects, the lawful ownership of

which oes not appear.

G-L 5L6 "t belongs to the

owner of the lan, builing or other

property on which it is foun.

C9OS6 he finer is entitle to

J provie<

1. 'iscovery was mae on the

property of another, or of the state or

any of its political subivisions-

2. he fining was mae by chance-

!. he finer is not a co4owner of the

property where it is foun-

. he finer is not a trespasser-


7/35

. he finer is not an agent of the

lanowner-

3. he finer is not marrie uner the

absolute community or the conjugal

partnership system (otherwise his

share belongs to the community).

ACCESSION

he right by virtue of which the owner

of a thing becomes the owner of

everything that it may prouce or which

may be inseparably unite or incorporate

thereto, either naturally or artificially.

Cl,ssi8i3,tio/s:

1. -++ession Dis+reta > the right pertaining to

the owner of a thing over everything prouce

thereby

5i/ds o8 F$uitsa. natural fruits > spontaneous proucts

of the soil an the young an other

proucts of animals

b. inustrial fruits > those prouce by

lans of any in through cultivation

or labor

c. civil fruits > rents of builings, price

of leases or lans an the amount of

perpetual or life annuities or other

similar income

G-L 5L6 o the owner belongs

the natural, inustrial, an civil fruits.C9OS6 "f the thing is< (PULA)

a) in +ossession of a possessor in

goo faith-

b) subject to a usufruct-

c) lease or plege- or

) in possession of an ,ntichretic

creitor

2. -++ession Contin*a > the right pertaining to

the owner of a thing over everything that is

incorporate or attache thereto either

naturally or artificially- by e0ternal forces.

a. @ith respect to $e,l +$o+e$t*i. a++ession ind*strial

builing, planting or sowing

ii. a++ession nat*ral

alluvium, avulsion, change


8/35

of river course, an

formation of islans

b. @ith respect to +e$so/,l

+$o+e$t*

i. ajunction or conjuction ii.

commi0tion or confusion iii

specification

!,si3 P$i/3i+les: (+=/ %A')

1. Fe who is in - oo fai th may be hel

responsible but will not be penali7e.

2. o the o w n er of a thing belongs the

e0tension or increase of such thing.

!. %a faith of one party / e u t ra li7 es the

ba faith of the other.

. here shoul be no unjust

e nr i c h m e n t at the e0pense of others.

incorporation is such that separation woul

either seriously d a m ag e the thing or

iminish its value.

Ri-.t o8 A33essio/


9/35

current. he portion of lan must be

such that it can be ientifie as coming

from a efinite tenement.

Requisites:a) he segregation an transfer must

be cause by the current of a river,

cree or torrent.

b) he segregation an transfer must

be suen or abrupt

c) he portion of lan transporte must

be nown or ientifie

NOTES:

he owner must remove the

transporte portion within two years to

retain ownership

"n case of uproote trees, the owner retains ownership if he maes a claim

within 3 months. his refers only to

uproote trees an oes not inclue trees

which remain plante on a nown portion

of lan carrie by the force of the waters.

"n this latter case, the trees are

regare as accessions of the lan

through graual changes in the course of

ajoining stream. (ayatas vs. *a&on)

$egistration uner the orrens system

oes not protect the riparian owner

against iminution of the area of his lan

through graual changes in the course of

ajoining stream (ayatas vs. *a&on).

Alluviu2 Avulsio/

1. graual an

im erce tible

1. suen or

abru t rocess2. soil cannot be

ientifie

2. ientifiable an

verifiable!. belongs to the

owner of the

property to which

!. belongs to the

owner from whose

property it was

. merely an

attach4ment

. etachment fol4

lowe by

!. C'ange of course of ri&ers

Requisites:

a) here must be a natural change in

the course of the waters of the

river

b) he change must be abrupt or suen

NOTES:

nce the river be has been

abanone, the owners of the invae

lan become owners of the abanone

be to the e0tent provie by this article.=o positive act is neee on their part, as

it is subject thereto ipso jure from the

moment the moe of ac9uisition becomes

evient.

"t oes not apply to cases where the river

simply ries up because there are no

persons whose lans are occupie by the

waters of the river.

. !ormation of $slands

$U*/S =

@=/$SF"#

a. 91 1or/ed $y t!e sea61) within territorial waters 4 State

2) outsie territorial waters >

to the first occupant

$. 91 1or/ed in la to the nearer reparian owner

2) if e9uiistant from both

bans4 to the reparian

owners, by halves.

NOTE: here is no accession when

islans are forme by the branching of a river-

the owner retains ownership of the isolate

piece of lan.

Ri-.t o8 A33essio/


10/35

b) that they form a single object,


11/35

or that their separation woul impair

their nature

5i/ds:

a. inclusion or engraftment

b. solaura or solering c.

escritura or writing

. pintura or painting e.

tejio or weaving

"ests to determine rincial%

a. t!e >r*le o1 i/:ortan+e and

:*r:ose

b. that of greater value

c. that of greater volume

d. t!at o1 greater /erits

Rules:

a) Ajunction in goo faith by either owner<

< accessory follows

the principal. if the accessory is

much more precious than the

principal, the owner of the accessory

may eman the separation even if the principal

suffers some injury

accessory<

i) to recover the value plus

amages

ii) to eman separation plusamages

c) Ajunction in ba faith by the

owner of the accessory

i) he loses the accessory

ii) he is liable for amages

W.e/ se+,$,tio/ o8 t.i/-s

,llo


12/35

!. hings

joine retain

their nature

hings

mi0e or

confuse

may either

retain orlose their

respective

natures

he new

object retains

or preserves

the nature of

the originalobject.

T.e ,3tio/ to quiet title does /ot

,++l*:

a) to 9uestions involving

interpretation of ocuments

b) to mere written or oralassertions of claims- /K/#<

i) if mae in a legal proceeing ii) if

it is being asserte that

=UIETIN6 OF TITLE

"t is an e9uitable action in rem to

etermine the conition of the ownership

or the rights to immovable property, an

remove oubts thereon.

Requisites:

1. plaintiff must have a legal or

e9uitable title to, or interest in the real

property which is the subject matter of

the action-

2. there must be a clou in such title-

!. such clou must be ue to some

instrument, recor, claim, encumbrance or

proceeing which is apparently vali but is

in truth invali, ineffective, voiable or

unenforceable, an is prejuicial to the

plaintiffGs title- an

. plaintiff must return to the efenant all

benefits he may have receive from the

latter, or reimburse him for e0penses that

may have reoune to his benefit.

P$es3$i+tive Pe$iod:

1. plaintiff in possession >

imprescriptible

2. plaintiff not in possession > 1; (orinary) or !;

years (e0traorinary)

the instrument or entry in plaintiffGs favor is

not what it purports to be

c) to bounary isputes

) to ees by strangers to the title

U=*/SS purporting to convey the

property of the plaintiff

e) to instruments invali on their

face

f) where the valiity of the

instrument involves pure 9uestions of

law

Rui/ous !uildi/-s ,/d T$ees i/ D,/-e$ o8

F,lli/-:

As to builings > the owners is

oblige to emolish or e0ecute necessary

wor to prevent the builing from falling.

Shoul he fail to o so, the authorities

shall orer its emolition at the e0pense of

the owner, or tae measures to insure

public safety.

he complainant must show that his

property is ajacent to the angerous

construction, or must have to pass by

necessity in the immeiate vicinity.

he owner is responsible for amages

to others ue to lac of necessary repairs.

Fowever, if the amage is cause by

efects in the construction, then the

builer is responsible for the amages.

CO9OWNERSHIP

De8i/itio/: the right of common

ominion which two or more persons have

in a spiritual part of a thing which is notphysically ivie.

Co/3e+t: co4ownership e0ists where

the ownership of a thing physically

univie pertains to more than one

person.

Action to quiettitle

Action toremove a cloud

on title

PURPOSEto put an end totroublesomelitigation inrespect to theproperty involved

to remove apossible foundationfor a future hostileclaim

NATURE OF TE A!T"ONremedial actioninvolving a presentadverse claim

#reventive actionto prevent a futurecloud on the title


13/35

C.,$,3te$isti3s:

a) plurality of subjects (the co4

owners)

b) there is a single object which is

not materially ivie

c) there is no mutual

representation by the co4owners

) it e0ist for the common

enjoyment of the co4owners

e) it has no istinct legal

personality

f) it is governe first of all by the

contract of the parties- otherwise, by

special legal provisions, an in efault

of such provisions, by the provisions of

itle """ on co4ownership

Sou$3es:

1. *aw2. ontract

!. hance

. ccupation

. Succession

3. estamentary isposition or

onation inter vivos

8. no public

instrument neee

even if real property is

the object of the

8. &ay be mae in

any form e0cept

when real property is

contribute

:. An agreement to

eep the thingunivie for a

perio of more than

:. here may be

agreement as to aefinite term without

limit set by law

Rules:

1. Ri-.ts o8 e,3. 3o9o


14/35

/0penses to improve or

embellish are ecie by the

majority

f) o protest against seriously

prejuicial ecisions of the majorityg) *egal reemption< to be e0ercise

within !; ays from written notice of

sale of an univie share of

another co4 owner to a stranger

h) o efen the co4ownershipGs

interest in court

i) o eman partition at any time

P,$titio/ is the ivision between

2 or more persons of real or

personal property which they own in

common so that each may enjoy an

possess his sole estate to the

e0clusion of an without interferencefrom others

G-L 5L6 #artition is

emanable by any of the co4

owners as a matter of right at any

time.

47C489O3S <

1) @hen there is a stipulation against

it- but not to e0cee

1; years.

2) @hen the conition of inivision

is impose by the onor or

testator- but not to e0cee 2;

years.

!) @hen the legal nature of the

community prevents partition.

) @hen partition woul rener the

thing unserviceable.

) @hen partition is prohibite by law

3) @hen another co4owner has

possesse the property as

e0clusive owner for a perio

sufficient to ac9uire it by

prescription.

; T.e 8olloo$it* o8 i/te$ests:

a) &anagement

&inority may appeal to the court

against the majorityGs ecision if the

same is seriously prejuicial.

b) /njoyment

c) "mprovement or embellishment

? Ri-.ts ,s to t.e ide,l s.,$e o8 e,3. 3o9

o


15/35

conveye or transferre to persons other

than 6ilipino citi7ens or corporations at least

3;L of the capital stoc of which belong to

6ilipino citi7ens, e0cept in cases of

hereitary succession.

G-L 5L6 ommon areas shall remain

univie, an there shall be no juicial partition

thereof<

C9OS6

1. @hen the project has not been rebuilt or

repaire substantially to its state prior to its

amage or estruction ! years after

amage or estruction which renere a

material part thereof unfit for use-

2. @hen amage or estruction has renere J

or more of the units untenantable an that

the conominium owners holing more than

!;L interest in the common areas areoppose to restoration of the projects-

!. @hen the project has been in

e0istence for more than ; years, that it

is obsolete an uneconomic, an the

conominium owners holing in aggregate

more than ;L interest in the common

areas are oppose to restoration,

remoeling or moerni7ing-

. @hen the project or a material part thereof

has been conemne or e0propriate an

the project is no longer viable, or that the

conominium owners holing in aggregate

more than 5;L interest in the commonareas are oppose to the continuation of

the conominium regime-

. @hen conitions for partition by sale set

forth in the eclaration of restrictions uly

registere have been met.

WATERS

Cl,ssi8i3,tio/

a) @aters public per se (water is the principal-

the be follows the character of the

water (See Arts.

;2 M1N an ;2 M2N)

b) @aters public or private accoringto their be (water is accessory to be)

c) @aters public by special provision

POSSESSION

Co/3e+t: the material holing or

control of a thing or the enjoyment of a

right.

Requisites:

1. occupancy, apprehension, or taing

2. eliberate intention to possess

!. by virtue of ones own right

De-$ees:

1. possession without any title

whatsoever

2. possession with juriical title

!. possession with just title sufficient to

transfer ownership

. possession with a title in fee simple

Cl,sses:

a) "n oneGs own name > where possessor

claims the thing for himself

b) "n the name of another > for whom the

thing is hel by the possessor

c) "n the concept of owner > possessor of the

thing or right , by his actions,

is consiere or is believe by other people

as the owner, regarless of

the goo or ba faith of the

possessor

) "n the concept of holer > possessor holsit merely to eep or enjoy it,

the ownership pertaining to another person-

possessor acnowleges in another a

superior right which he

believes to be ownership.

=/< =one of these holers assert a claim of

ownership in himself over the thing but they may

be consiere as possessors in the concept of

owner, or uner claim of ownership, with

respect to the right they respectively e0ercise

over the thing.

e) "n goo faith > possessor is not aware

that there is in his title or moe of

ac9uisition a efect that invaliates it

Requisites:

1. stensible title or moe of

ac9uisition

2. Bice or efect in the title

!. #ossessor is ignorant of the vice or

efect an must have an honest

belief that the thing belongs to him


16/35

NOTE: +ross an ine0cusable ignorance of

the law may not be the basis of goo faith, but

possible, e0cusable ignorance may be such

basis. (?asilag vs o@*e, "

H9L #7)f) "n ba faith > possessor is aware of the

invaliating efect in his own title.

NOTES:

nly personal nowlege of the flaw in

oneGs title or moe of ac9uisition can mae

him a possessor in ba faith. "t is not

transmissible even to an heir.

#ossession in goo faith ceases from the

moment efects in his title are mae

nown to the possessor. his interruption

of goo faith may tae place at the ate of

summons or that of the answer if the

ate of summons oes not appear.Fowever, there is a contrary view that

the ate of summons may be

insufficient to convince the

possessor that his title is efective.

P$esu2+tio/s i/ 8,vo$ o8 +ossesso$:

1. of goo faith

2. of continuity of initial goo faith

!. of enjoyment in the same character

in which possession was ac9uire until

the contrary is prove

. of non4interruption in favor of the present

possessor

. of continuous possession by the one who

recovers possession of which he was

wrongfully eprive

3. of e0tension of possession of real

property to all movables containe

therein

O>e3t o8 +ossessio/:

All things an rights

susceptible of being appropriate

1. $es communes

2. #roperty of public ominion

!. 'iscontinuous servitues

. =on4apparent servitues

A3quisitio/ o8 +ossessio/:

",//e$

1. &aterial occupancy of the thing

2. Subjection to the action of our will

!. #roper acts an legal formalities establishe

for ac9uiring such right.


17/35

Co/8li3ts et


18/35

reimburse4

ment, an no

amage is

cause to the

principal by

g.

rnamen4

tal

e0penses

g. reimburse4

ment at

ownerGs

option<

i. removal if

no injury, or

ii. cost

without

g. ownerGs

option<

i.

removal, or

ii. value at

time of

recovery

h. a0es

an

charges

i. on

capital

ii. on

fruits

h. ta0es an

charges

i. charge to

owner

ii. charge topossessor

iii. prorate

h. ta0es

an charges

i. charge

to owner

ii.charge to

owner

iii. to

owner

i. "mprove4

ments no

longer

i. no

reimburse4

ment

i. no

reimburse4

ment

j. *iability

for

acciental

loss or

eteriorati

j. only if

acting with

frauulent

intent or

negligence,

j. liable in

every case

.

"mprove4

ments ue

to time or

nature

. to owner

or lawful

possessor

. to

owner or

lawful

possessor

Possessio/ o8 2ov,les

#ossession of movables in goo faith is

e9uivalent to title.

Requisites:

a) possession is in goo faith

b) the owner has voluntarily parte withthe possession of the thing

c) possessor is in the concept of owner

ne who has lost or has been

unlawfully eprive of it , may recover it

from whomsoever possesses it,

orinarily, without

reimbursement.

Do3t$i/es:

a) owner of the thing must prove (1)

ownership of the thing an (2) loss or

unlawful eprivation- or ba faith of the

possessor

b) @here the owner acts negligently or

voluntarily parts with the thing owne, he

cannot recover it from the possessor

c) he owner may recover the movable in

case of loss or involuntary eprivation- but

must reimburse the price pai if possessor

ac9uire the thing in goo faith an at a

public sale.

Loss of ossession%

1. %y the will of the possessor a)

Abanonment

b) ransfer or conveyance

2. Against the will of the possessor

a) /minent omainb) Ac9uisitive prescription

c) Ouicial ecree in favor of better right

) #ossession of another for more

than one year

NOTE: this refers to possession e facto

where the possessor loses the right to a

summary action- but he may still bring

action publiciana or reivinicatoria

e) %y reason of the object

i. estruction or total loss of

the things

ii. withrawal from commerce

USUFRUCT

gives a right to enjoy the property of another

with the obligation of preserving its form

an substance, unless the title constituting

it or the law otherwise provies.

C., $ , 3 te $ is t i3 s :

a. $eal right

b. f temporary uration

c. o erive all avantages from the

thing ue to normal

e0ploitation

. may be constitute on real or

personal property, consumable or non4consumable, tangible or

intangible, the ownership of which is

veste in another

e. transmissible


19/35

Usufructuary is boun to

preserve the form an substance of the

thing in usufruct.

Abnormal usufruct whereby

the law or the will of the parties may allow themoification of the substance of the thing.

Usu8$u3t Le,se

1. Always a real

ri ht

1.+enerally a

ersonal ri ht2. #erson creating

the usufruct shoul

be the owner or his

uly authori7e

2. *essor may not

be the owner

!. &ay be create

by law, by contract,

by will of the testator,

or by prescription

!.+enerally create

by contract

. As a rule,

usufruct covers all

the fruits an all

the uses an

benefits of the

.*ease generally

refers to uses only

. "nvolves a more

or less passive

owner who allows

the usufructuary to

enjoy the object

. *ease involves a

more active owner

or lessor who maes

the lessee to enjoy

3. #ays for orinary

repairs an ta0es on

the fruits

3.*essee is not

generally uner

obligation to

unertae repairs

Secial -sufructs

a) of pension or income (Art 5;)

b) of property owne in common (Art.

82)

c) of cattle (livestoc) (Art. :1)

) on vineyars an woolans (Art.

5453)

e) on a right of action (Art. 58)

f) on mortgage property (Art. 3;;)g) over the entire patrimony (Art.

:8)

h) over things which graually

eteriorate (Art. 5!)

i) of consumable property (Art 5)

Ri-.ts o8 t.e Usu8$u3tu,$*

1. As to t'e t'ing and its fruits

a. o receive an benefit from the

fruits


20/35

b. o enjoy any increase through

accessions an servitues

c. o the half of the hien

treasure he accientally fins

. o lease the thing, generally, for the

same or shorter perio as the

usufruct.e. o improve the thing without

altering its form an substance

f. $ight to set4off the

improvements he may have mae

on the property against any amage

to the same

g. o retain the thing until he is

reimburse for avances for

e0traorinary e0penses an ta0es on

the capital

h. o collect reimbursements from the

owner for inispensable

e0traorinary repairs, ta0es on thecapital he avance, an amages

cause to him.

i. o remove improvements mae by

him if the same will not injure the

property

+. As to t'e usufruct itself

a. o mortgage the right of usufruct

e0cept parental usufruct

b. o alienate the usufruct

Oli-,tio/s o8 t.e usu8$u3tu,$*:

1. Before eercising t'e usufruct%

a. o mae an i/ve/to$* of the propertyb. o give a o/d, C

1) when no prejuice woul

result

2) when the usufruct is

reserve by the onor or

parents

!) in cases of 3,u3io/ >u$,to$i,

where the usufructuary, being

unable to file the re9uire bon or

security, files a verifie petition

in the proper court asing for the

elivery of the house an

furniture necessary for himself an his family without any

bon or security.

taes an oath to tae care

of the things an restore

them

property cannot be


21/35

alienate or encumbere or

lease because this woul

mean that the usufructuary

oes not nee it.

NOTE: E88e3ts o8 8,ilu$e to +ost

o/d:

1. owner shall have the following

options<

a. receivership of realty, sale of

movables, eposit of

securities, or investment of

money- $

b. retention of the property as

aministrator

2. the net prouct shall be elivere to

the usufructuary

!. usufructuary cannot collect creits ue

or mae investmentsof the capital without the consent

of the owner or of the court until the

bon is given.

2. uring t'e usufruct%

a. o tae care of the property

b. o replace with the young thereof

animals that ie or are lost in certain

cases when the usufruct is

constitute on floc or her of

livestoc

c. o mae orinary repairs

. o notify the owner of urgente0tra4orinary repairs

e. o permit wors an

improvements by the nae owner

not prejuicial to the usufruct

f. o pay annual ta0es an charges on the

fruits

g. o pay interest on ta0es on

capital pai by the nae owner

h. o pay ebts when the usufruct is

constitute on the whole patrimony

i. o secure the nae ownerGs or courtGs

approval to collect creits in certain

cases j. o notify the owner of any prejuicial act

committe by thir persons

. o pay for court e0penses an costs

regaring usufruct.

!. At t'e termination of t'e usufruct%

a. o return the thing in usufruct to

the owner unless there is a right of

retention

b. o pay legal interest on the amount spent

by the owner for e0traorinary repairs

or ta0es on the capital

c. o inemnify the owner for any losses

ue to his negligence or of his

transferees

E7ti/-uis.2e/t o8 Usu8$u3t< (#2'/$&)

1. Prescription

2. Termination of right of the person

constituting the usufruct

!. Total loss of the thing

. Death of the usufructuary, unless contrary

intention appears

. E0piration of the perio or fulfillment of

the resolutory conition

3. Renunciation of the usufructuary5. "erger of the usufruct an ownership in

the same person

EASE"ENT OR SER#ITUDE

/ncumbrance impose upon an immovable

for the benefit of a community or one or

more persons or for the benefit of another

immovable belonging to a ifferent owner.

Co/3e+t: it is a real right,

constitute on the corporeal immovable

property of another, by virtue of which the

owner of the latter has to refrain from oing

or must allow something to be one on his

property, for the benefit of another person or

tenement.

C.,$,3te$isti3s:

a) "t is a real right but will affect thir persons

only when uly registere

b) "t is enjoye over another immovable,

never on oneGs own property

c) "t involves two neighboring estates

(in case of real easements)

) "t is inseparable from the estate to which it is

attache, an, therefore, cannot be

alienate inepenently of the estate

e) "t is inivisible for it is not affecte by the

ivision of the estate between two or

more persons


22/35

f) "t is a right limite by the nees of the

ominant owner or estate,

without possession

g) "t cannot consist in the oing of an

act unless the act is accessory inrelation to a real easement

h) "t is a limitation on the servient ownerGs

rights of ownership for the benefit of the

ominant owner- an, therefore, it is not

presume

Classification%

1. As to its eercise%

a)ontinuous /asements > those the use

of which is, or may be, incessant

without the intervention of any act of

man

b) 'iscontinuous /asements > thosewhich are use at intervals an

epen upon the acts of man

!. here is a limite

right to the use of

real property of

another but without

the right of possession

*imite right to both

the possession an

use of anotherGs

property

2. As to t'e indication of t'eir

eistence%

a) Apparent /asements > those

which are mae nown an are

continually ept in view by e0ternal

signs that reveal the use an

enjoyment of the same

b) =on4apparent /asements > those

which show no e0ternal

inication of their e0istence

!. As to dut/ of ser&ient owner

a) #ositive > the servient owner

must allow something to be one in

his property or o it himself. hese

are calle servitues of intrusion an

orHserviceE

b) =egative > the servient owner

must refrain from oing something

which he coul lawfully o if the

easement i not e0ist

"odes o8 A3quisitio/: (#'6A)

1. by +rescription of 1; years (continuous

an apparent easements)

2. by dee of recognition

!. by 8 inal jugment

. by ,pparent sign establishe by

the owner of two ajoining

estates

. by title

Do2i/,/t O


23/35

!. hoose the most convenient time

an manner in maing the necessary

wors as to cause the least

inconvenience to the servient owner

. ontribute to the necessary e0penses if

there are several ominant estates

Se$vie/t O


24/35

the point least prejuicial to the

servient estate

3. #ayment of proper inemnity

it is the nees of the ominant

property which ultimately etermine thewith of the passage, an these nees

may vary from time to time (n+arna+ion

vs. C-, #' SC- 7).

Special cause of e0tinction< the opening of

a public roa, or joining the ominant

tenement to another with e0it on a public

roa.

NOTE: the e0tinction in = automatic.

here must be a eman for e0tinction

couple with tener of inemnity by the

servient owner.

PARTY WALL a common wall which separates 2 estates

built by common agreement at the iviing

line such that it occupies a portion of both

estates on e9ual parts.

P,$t* W,ll Co9ou$is

t,/tu2):

1. in ajoining walls of builings, up to

common elevation

2. in iviing walls of garens an

yars (urban)

!. in iviing fences, walls an live

heges of rural tenements


25/35

. in itches or rains between tenements

Reutt,l o8 +$esu2+tio/:

1. title

2. by contrary proof<

!. by signs contrary to the e0istence

of the servitue (Arts.33; ? 331)

NOTE: if the signs are contraictory,

they cancel each other

Ri-.ts o8 +,$t o


26/35

mae on the ceiling or on the wall-

an

b. there must be an iron grating

2. E,se2e/t o8 vie< ( A*s :ros:e+t*s) >

the right to mae openings or winows, to

enjoy the view through the estate of another

an the power to prevent all constructions

or wor which woul obstruct such view or

mae the same ifficult. "t necessarily

inclues easement of light

Rest$i3tio/s o/ o+e/i/-s i/ o/es o


27/35

to e0ercise orinary care to prevent

chilren from playing therewith or

resorting thereto is liable to a chil of

tener years who is injure thereby, even

if the chil is technically a trespasser inthe premises.

Re2edies ,-,i/st +uli3 /uis,/3e:

(#/)

1. Prosecution uner the $# or

local orinance

2. Civil Action

!. E0trajuicial Abatement

Re2edies ,-,i/st +$iv,te /uis,/3e:

(/)

1. Civil Action

2. E0trajuicial Abatement

DIFFERENT "ODES (,/d TITLES) o8

AC=UIRIN6 OWNERSHIP

E7t$,>udi3i,l A,te2e/t

Requisites:

1. nuisance must be specially injurious

to the person affecte-

2. no breach of peace or

unnecessary injury must be

committe-

!. prior eman-

. prior eman has been rejecte-

. approval by istrict health officer an

assistance of local police- an

3. value of estruction oes not

e0cee #!,;;;.

THEORY OF "ODE AND TITLE

"ODE is the specific cause which gives

rise to them, as the result of the presence

of a special conition of things, of the

aptitue an intent of persons, an of

compliance with the conitions establishe

by law. his is the pro0imate cause of the

ac9uisition.

TITLE is the juriical justification for the

ac9uisition or a transfer of ownership or

other real right. his is the remote cause

of the ac9uisition.

OCCUPATION

a moe of ac9uiring ownership by the

sei7ure of things corporeal which have no

owner, with the intention of ac9uiring

them, an accoring the rules lai own

by law.

Requisites:

1. there must be sei7ure of a thing

2. the thing sei7e must be

corporeal personal property

!. the thing must be susceptible of

appropriation by nature

. the thing must be without an owner

. there must be an intention to

appropriate

S+e3i8i3 i/st,/3es:

1. hunting an fishing

2. fining of movables which o not

have an owner

!. fining of abanone movables

. fining of hien treasure

Mode% of

acquirin(o$ner%&ip

Title% of

acquirin(o$ner%&ip

A. Original Modes1. 6ccupation 1. !ondition of

being without7nown owner

2. 8or7 whichincludesIntellectualcreation

2. !reation$discovery orinvention

B. Derivative modes

&. 5aw &. /xistence of re9uiredconditions

'. *radition '. !ontract of theparties

. ,onation . !ontract of theparties

+. #rescription +. #ossession inthe concept of owner

-. :uccession -. ,eath


28/35

. catching of swarm of bees that has

escape from its owner, uner certain

conitions

3. catching of omesticate

animals that have escape from their

owners, uner certain conitions

5. catching of pigeons without

frau or artifice

8. transfer of fish to another breeing

place without frau or artifice

TRADITION4DELI#ERY

a moe of ac9uiring ownership as a

+onse@*en+e o1 +ertain +ontra+ts, by virtue

of which, the object is place in the control

an possession of the transferee, actually

or constructively.

5i/ds:

1. $eal raition 4 actual elivery

2. onstructive raition

a. traditio sy/$oli+a >

parties mae use of a toen or

symbol to represent the thing

elivere

b. traditio longa /an* > by

mere consent of the parties if the

thing sol cannot be transferre to

the possession of the venee at

the time of the sale

c. traditio $revi /an* > when

the venee alreay haspossession of the thing sol by

virtue of another title

. traditio +onstit*t*/

:ossessori*/ > when the venor

continues in possession of the

thing sol not as owner but in

some other capacity

!. Puasi4traition > e0ercise of the

right of the grantee with the consent of

the grantor

. radi+ion :or /inisterio de la ley

> elivery by operation of law

". radition $y :*$li+ instr*/ent

Requisites:

1. right transmitte shoul have previously

e0iste in the patrimony of the grantor

2. transmission shoul be by just title

!. grantor an grantee shoul have

intention an capacity to transmit an

ac9uire

. transmission shoul be

manifeste by some act which

shoul be physical, symbolical or legal

DONATION

an act of liberality whereby a person

isposes gratuitously of a thing or right in

favor of another who accepts it

Requisites: "'A

1. onor must have 3apacity to mae the

onation

2. he must have onative intent

(animus onani)

!. there must be delivery4. onee must ,ccept or consent to the

onation

Esse/ti,l 8e,tu$es4ele2e/ts o8 , t$ue

do/,tio/:

a) Alienation of property by the onor

uring his lifetime, which is accepte

b) "rrevocability by the onor

c) "ntention to benefit the onee

(animus onani)

) onse9uent impoverishment of the

onor (iminution of his assets)

Cl,ssi8i3,tio/:

1. As to effectivity<

a. inter vivos

b. mortis causa

c. propter nuptias

2. As to perfectionHe0tinguishment<

a. pure

b. with a conition

c. with a term

!. As to consieration<

a. simple 4 gratuitous

b. remuneratory or compensatory > mae

on account of oneeGs merits

c. moal > imposes upon the onee a

buren which is less than the value of

the thing onate


29/35

Do/,tio/ I/te$

#ivos

Do/,tio/ "o$tis

C,us,

1. aes effect

inepenently of theonorGs eath

aes effect upon

the eath of theonor

2. itle conveye

to the onee

before the onorGs

itle conveye upon

onorGs eath

!. Bali if onor

survives onee

Boi if onor survives

onee. +enerally irrevo4

cable uring

G

Always revocable

. &ust comply

with the

formalitiesre9uire by Arts.

58 an 5: of the

&ust comply with the

formalities re9uire by

law for the e0ecutionf wills

Do/,tio/s +$o.iited * l,


30/35

Fo$2s o8 do/,tio/s:

1. onations of mo&a0le roert/%

a. @ith simultaneous elivery of property

onate<

i.it may be oralHwritten > #,;;; or

less-

ii.if value e0cees #,;;; > written inpublic or private ocument

b. @ithout simultaneous elivery<

the onation an acceptance

must be written in a public or

private instrument, regarless of

value

+. onation of immo&a0le roert/%

a. must be in a public instrument

specifying the property onate an

the burens assume by onee,

regarless of value

b. acceptance must be either<i. in the same instrument- or

i i. in another public instrument,

notifie to the onor in authentic

form, an note in both ees

NOTE: /0pression of gratitue to the onor

without e0press acceptance was hel a

sufficient acceptance (C*evas vs C*evas)

LI"ITATIONS ON DONATION OF

PROPERTY

1. 6uture property cannot be onate.2. #resent property that can be onate<

a) if the onor has force heirs< he

cannot give or receive by onation

more than he can give

of receive by will

b) if the onor has no force heirs<

onation may inclue all present

property provie he reserves in full

ownership or in usufruct<

1) the amount necessary to support

him, an

2) those relatives entitle to support

from him!) property sufficient to pay

the onorGs ebt contracte

prior to the onation.

!. 'onation shoul not prejuice creitors

. 'onee must reserve sufficient means

for his support an for his


31/35

relatives which are entitled to $e

s*::orted $y !i/.

EFFECTS OF DONATION

1. onee may eman the elivery of the

thing onate

2. onee is subrogate to the rights of the

onor in the property

!. in onations propter nuptias, the onor

must release the property from

encumbrances, e0cept

servitues

. onorGs warranty e0ists if

a. e0presse

b. onation is propter nuptias c.

onation is onerous

. onor is in ba faith

. when the onation is mae to several

onees jointly, they are entitle to e9ualportions, without accretion, unless the

contrary is stipulate

P,*2e/t o8 t.e do/o$s det * t.e

do/ee

1. "f there is e0press stipulation< the onee

is to pay only ebts contracte before

the onation, if not otherwise specifie- but

the onee answers only up to the value of

the property onate, if no stipulation is

mae to the contrary

2. "f there is no stipulation< the onee

is answerable for the ebts of the onor only in case of frau against creitors.

ACTS OF IN6RATITUDE

1. "f the onee shoul commit some offense

against the person, honor or property of the

onor, or of his wife or chilren uner his

parental authority

2. "f the onee imputes to the onor any

criminal offense, or any act involving moral

turpitue, even though he shoul prove it,

unless the crime or act has been committe

against the onee himself, his wife or

chilren uner his authority!. $efusal to support the onor

PRESCRIPTION

5i/ds:

1. A3quisitive +$es3$i+tio/ 4 one ac9uires

ownership an other real

rights through the lapse of time in the

manner an uner the conitions lai own

by law.

a. Ordinary a+@*isitive

:res+ri:tion< re9uires possession of

things in goo faith an with just title

for the time fi0e by law

b. traordinary a+@*isitive

:res+ri:tion< ac9uisition of ownership

an other real rights without nee of

title or of goo faith or any other

conition

Requisites:

1) capacity to ac9uire by prescription

2) a thing capable of ac9uisition by

prescription

!) possession of thing uner certain

conitions

) lapse of time provie by law

2. E7ti/3tive P$es3$i+tio/ > rights an actions

are lost through the lapse of time in the

manner an uner the conitions lai own

by law.

Acqui%itivepre%cription

Extinctivepre%cription

1. relationshipbetween theoccupant and theland in terms of possession is capable

of producing legalconse9uences it isthe possessor who isthe actor

1. one does not loo7to the act of thepossessor but to theneglect of theowner

2. re9uires possessionby a claimant who isnot the owner

2. re9uires inactionof the owner orneglect of one witha right to bring hisaction

&. applicable toownership and otherreal rights

&. applies to all7inds of rights$whether real orpersonal

'. vests ownership or

other real rights inthe occupant

'. produces the

extinction of rightsor bars a right of action

. results in theac9uisition of ownership or otherreal rights in a personas well as the loss of said ownership or realrights in another

. results in the lossof a real or personalright$ or bars thecause of action toenforce said right


32/35

3. can be proven

uner the general

issue without its

being affirmatively

pleae

3. shoul be

affirmatively

pleae an prove

to bar the action or

claim of the averseparty

!. he first ay shall be e0clue an the

last ay inclue

Pe$so/s A-,i/st W.o2 P$es3$i+tio/

$u/s:1. &inors an other incapacitate

Pe$iod o8 P$es3$i+tio/

"ov,les I22ov,les

& 6ood F,it.

years 1; years

; !,d F,it.

8 years !; years

Rules o/ Co2+ut,tio/ o8 Pe$iod:

1. he present possessor may complete the

perio necessary for prescription bytacing his possession to that of his

grantor or preecessor

2. "t is presume that the present possessor

who was also the possessor at a previous

time, has continue to be in

possession uring the intervening

time, unless there is proof to the

contrary

persons who have parents, guarians or

other legal representatives

2. Absentees who have aministrators

!. #ersons living abroa who have managers

or aministrators

. Ouriical persons, e0cept the state

an its subivision

Pe$so/s ,-,i/st


33/35

a) "mprescriptible to eclare an

ine0istent or voi

contract

to 9uiet title

to eman a

right of way to bring an

action for

abatement of

public nuisance

to eman

partition in co4

ownership

to enforce a

trust

probate of a

will

to recover

possession of aregistere lan

uner the *an

$egistration Act

by the registere

owner

g) I/A$S action to revoe

onations ue to

non4compliance of

conitions

action to

rescin partition ofeceaseGs estate

on account of

lesion

action to claim

rescission of

contracts

annulment of

contracts for vice

of consent

actions upon a

9uasi4elict

action to revoe

or reuceonations base on

birth, appearance

or aoption of a

chil

actions upon an


34/35

b) !; I/A$S real actions

over immovables

(but not

foreclosure)

without prejuice

to the ac9uisition

of ownership or

real rights by

ac9uisitive

prescription

h) ! I/A$S actions uner

the eight hour

labor law

actions to

recover losses in

gambling

money claims as

a conse9uence of

employer4

employee

relationship

action to

impugn legitimacy

of a chil if the

c) 1; I/A$S actions upon a

written contract

actions upon

an obligation

create by law

actions upon a

jugment from

the time

jugment

becomes final

actions among

co4heirs to

enforce warranty

against eviction inartition

i) 2 I/A$S action to

impugn legitimacy

of a chil if the

husban or his

heirs are not

resiing in the city

or municipality of

birth

) 8 I/A$S a+tion to

re+over /ova$les

0it!o*t :reA*di+e

to a+@*isition o1

title 1or a s!orter

:eriod or to t!e

:ossessors title

*nder -rts. '',

#'' and ##33

j) 1 I/A$ action to

impugn legitimacy

of a chil if the

husban or his

heirs are resiing

in the city or

municipality of

birth

forcible entry

an unlawful

etainer 'efamation

$evocation of

onation on the

groun of

ingratitue

$escission or for

amages if

immovable is sol

with an apparent


35/35

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE ANDSUBJECT CHAIRPERSONS Maricel Abare!"# (Over-all Chairperson), R"al$ Jal%a&ar (Over-allVice Chair), '"la$a T"le!i"(VC-Acads), Jei(erA)(VC- Secretariat), J"* I$+c!i," (VC-Finance), Elaie Ma#+-a! (VC-EDP), Aa Mar)ari!a Ere#

(VC-Logistics) J"a!.a Ma)+$a*a" (Political La!), /raci# Bee$ic! Re"!+!ar (La"or La!), R"%+al$Pa$illa (Civil La!), C.ar%aie T"rre# (#a$ation La!), Mar- Da,i$ Mar!ie& (Cri%inal La!), ar* L+i#a

action for

warranty of

solvency in

assignment of creits

actions for loss

or amage to

oos uner the

e) 3 I/A$S actions upon

an oral (verbal)

contract

actions upon a

) 3 &=FS actions for

warranty against

hien efects or

encumbrances over

f) I/A$S action for

annulment of

marriages (e0cepton the groun of

insanity) an for

legal separation

counte from the

occurrence of the

cause

actions against

the co4heirs for

warranty of

solvency the

ebtor in creits

assigne in

partition action for the

eclaration of the

incapacity of an

heir (evisee or

legatee) to

succee)

all other

actions whose

perios are not

l) ; 'AIS rehibitory

action base on

faults or efects ofanimals

law on properties philippines

Documents