Untitled

Ownership

• Independent and general power a person has over a thing for legally recognized purposes
• A private law relationship subjecting a thing completely to a person's will, but with legal restrictions and the rights of others
• Independent right of exclusive enjoyment and control of a thing for personal benefit and welfare, with legal restrictions

Key Characteristics of Ownership

• Independent- exists on its own, not dependent on another right
• Exclusive- subjects a thing completely to a person's will, but with legal restrictions and the rights of others
• Abstract- exists separately from its specific parts
• Elastic- can be modified, transferred, or limited
• Generally Perpetual- has no time limit unless specified by law or contract

Enjoyment and Control

• Ownership allows the owner total discretion in how to use, enjoy, or dispose of their property

Limitations of Ownership

• Modern ownership is not absolute
• Limited because of social justice
• Limited because of police power
• Limited because of Environmental concerns
• Legal limits prevent abuse of ownership rights

Bundle of Rights

• Grants a "bundle of rights" that define how an owner can use their property, referenced in Article 428
• The owner has the right to enjoy and dispose of a thing without other limitations than those established by law
• The owner also has a right of action against the holder and possessor of the thing to recover it

Main Rights in the Bundle

• Just utendi- the right to use the property
• Jus fruendi- the right of the fruits of the property
• Jus abutendi- the right to consume or destroy the property
• Jus disponendi- the right to sell, transfer, encumber, or dispose of property
• Jus vindicandi- the right to exclude others from the possession
• Jus possidendi- the right to possess the property

Types of Ownership in the Civil Code

• Full ownership- grants complete control and rights over the property
• Naked ownership- ownership without rights of use, enjoyment, and consumption
• Sole ownership- ownership held by one person
• Co-ownership- ownership held by two or more persons
• Beneficial ownership- the right to use and enjoy property without holding legal title

Rights Mentioned in Article 428

• Only three of the six rights are mentioned namely Jus utendi (use), jus dispodendi (disposal), and jus vindicandi (recovery)
• The remaining rights are presumed
• Right of accession is excluded because it has a separate chapter because of complexity

Judicial Interpretation to Enjoy

• Buyer of a house has the right to terminate a lease made by the seller, unless there is an agreement stating otherwise
• The right to use property cannot be overridden even in emergencies, such as when someone needs a place to stay but cannot find another property

Judicial Interpretation to Dispose

• Only the owner can exercise the right to dispose
• A mortgage by non-owner is void
• Mere occupant or mortgagee cannot validly sell the property
• If a person buys property from someone is who is not the real owner, they acquire no title, and the rightful owner can recover it

Judicial Interpretation to Recover

• The owner can take legal action to recover their property from any unlawful possessor
• The right is transferable- a person who acquires ownership inherits the right to recover the property
• A person in peaceful possession must be respected until a court declares otherwise
• Possessors enjoy a presumption of ownership but can be challenged if someone presents a superior title

Specific Rights of Ownership

• In addition to the main bundle of rights, the Civil Code grants these additional rights to property owners
• Right to use reasonable force to exclude others from the enjoyment and disposal of property
• Right to enclose or fence one's land
• Right to indemnity for damages caused by lawful interference to avert an imminent danger
• Right to receive just compensation in case of expropriation of property
• Right to hidden treasure found on one's property
• Right to accession
• Right to recover possession of property
• Right to construct any works, plantations, and excavations on the land's surface or subsurface

The Self-Help Doctrine

• Refers to the Right to Exclude Others (Jus vindicandi) provided in Article 429
• States the owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof
• The owner may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property

Judicial Interpretations on Self-Help

• The jus vindicandi (right to exclude others) allows owners to take pre-emptive action against unlawful physical invasion
• The Doctrine of Self-help permits property owners to use force when necessary, subject to strict conditions
• Violence is usually a state power, but Article 429 allows an exception provided it is within reasonable limits
• Self-help applies to lawful possessors, not just owners
• Immediate possessors can invoke Article 429, but previous possessors who lost possession must file an unlawful detainer suit

Requisites for Self-Help

• The person using the force must be the owner or lawful possessor
• The person must be in actual physical possession of the property
• There must be an actual or imminent unlawful aggression
• Only reasonable force may be used

Limits of Self-Help

• Aggression must be unlawful because self-help cannot be used against legal acts such as another property owner exercising their legal rights
• Public officials executing legal duties, such as a lawful levy on property
• Force must be proportionate because excessive or unnecessary violence is not protected
• Once possession is lost then owners must resort to legal action rather than self-help

Right to Enclose or Fence Civil Code

• Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon

Interpretation on Right to Enclose Property

• Right to fence property is an extension of the right to exclude
• The limitations is it cannot violate existing servitudes, e.g. blocking an easement

Right to Recover Property Civil Code

• Actual possession of property under claim of ownership raises disputable presumption of ownership
• Accordingly, the true owner must resort to judicial process for the recovery of the property

Interpretation of (Right to Recover Property)

• Possession raises a presumption of ownership-- a possessor is presumed to be the owner unless proven otherwise
• The true owner must prove their title through court action

Requisites for Recovery of Property

• Under Article 434, to recover property, the claimant must prove
• The identity of the property
• The superiority of their title over the defendants' claims
• A claimant cannot rely on the weakness of the defendant's title; they must prove their own

Legal Actions for Recovery of Property

• Recovery for Immovable Property
• Recovery for Movable Property

Legal Actions/Recovery of Immovable Property

• Accion interdictal (Ejectment Actions)- a summary procedure to recover possession from wrongful occupant
• Accion publiciana (Plenary action for Possession) – A full court case to determine the rightful possession
• Accion reinvindicatoria (Ownership Recovery) – A court action to recover ownership based on superior title

Legal Actions Recovery of Movable Property

• Replevin - legal action to recover personal property wrongfully taken or withheld

Distinctions FE and UD

• Forcible Entry – is when a person is deprived of possession of property by force, intimidation, threat, strategy or stealth
• It applies even if no force was actually used but the property was taken unlawfully Unlawful Detainer- When a possessor continues to occupy property even after their right to possess has expired or been terminated
• In this case, prior possession by the plaintiff is not necessary

Rules of Forcible entry v Unlawful Detainer

• Both actions are summary in nature and involve only questions of physical possession, not ownership. Original jurisdiction is with the MTC, MeTC, MTC, and MTCTC.

Legal Principles of Forcible Entry v Unlawful Detainer

• Only the person in possession at the time of the action may be sued
• Res judicata applies only to physical possession; questions of ownership may be resolved if possession depends on it

Filing Period FE/UD

• Forcible Entry, the filing period is within one year from actual entry or from discovery if done through stealth.
• Unlawful Detainer, after a demand to vacate or comply with the lease conditions, If defendant fails to comply possession becomes unlawful

Accion Publiciana

• Accion publiciana is a plenary action to recover the right of possession of real property
• Can be filed after the one-year period for ejectment actions has lapsed
• The jurisdiction is with the RTC unless the assessed value is below P400,000.00

Accion Reivindicatoria

• A court action to recover ownership of real property, including possession
• Unlike, accion publiciana, this action seeks dominion or ownership, not just possession
• Jurisdiction is always with the RTC because it involves ownership and is incapable of pecuniary estimation

Writs of Possession

• Is issued after a judgment awarding ownership
• Applies in cases of: Land Registration proceedings, Foreclosure of real property mortgages, Execution Sales

Replevin

• A possessory action for the recovery of movable property
• It is governed by Rule 60 of the Rules of Court
• Can be filed as main action or provisional remedy

Requisites for Replevin

• The plaintiff must have the right to possess the property
• Property must be wrongfully detained
• The plaintiff must file a bond
• Replevin applies even if the plaintiff is not the owner but has a better right to possession
• If title is disputed, ownership may be resolved with the replevin action

Injunction in Possession Cases

• Preliminary injunction is a provisional remedy that orders a party to refrain from doing an act (prohibitory injunction) or perform an act (mandatory injunction)

Rules on Injunctions

• In general, injunction cannot be used as a substitute for ejectment actions
• Exception: injunction may be issued pendente lite (while the case is pending) in cases of extreme urgency, such as
• To prevent continuing dispossession
• To maintain pre-existing relationship that was arbitrarily disrupted
• Article 539 of the Civil Code and Rule 70, Section 15 of the Rules of Court allow preliminary injunction in forcible entry and unlawful

Criminal Actions in Defense of Property

• Trespass to Dwelling
• Robbery
• Qualified Theft
• Usurpation
• Right to Just Compensation

Rules on Trespass to Dwelling

• Any private person who enters the dwelling of another against the latter's will shall be punished by arresto mayor and a fine not exceeding P 1,000.00
• If entry is committed through violence or intimidation, the penalty shall be prision correcional in its medium and maximum periods

Exceptions Trespass to Dwelling

• Trespasser enters to prevent harm to himself or others
• Entry is made to render humanitarian or legal assistance
• Entry is made into public establishments while open to public

Other Forms of Trespass

• Applies to persons who enter Uninhabited closed premises or fenced estates Without permission of the owner or caretaker Despite clear prohibitions against entry
• Penalty: Arresto menor or a fine not exceeding P 200.00

Purpose of Article 280

• The law aims to protects the privacy of a person's home, recognizing the inherent criminal intent in trespassing.
• A dwelling is defined as place exclusively used for rest and comfort - not business premises

Robbery Under Law

• Robbery is the taking of personal property from another, with intent to gain, using violence, intimidation, or force against things
• It only applies to personal property; real property taken is Usurpation

Types of Robbery

• Robbery with violence or intimidation
• Robbery with force upon things

Penalties In Robbery With Violence

• Robbery with homicide - reclusion perpetua to death
• Robbery with rape, mutilation or serious physical injuries - reclusion temporal to reclusion perpetua
• Robbery with less serious physical injuries – prision mayor to reclusion temporal
• Unnecessary violence used in robbery - prision mayor in maximum period to reclusion temporal in medium period
• Other cases - prission correctional in maximum period to prision mayor in medium period

Rules On Robbery With Force

• Robbery in inhabited house, public building, or religious edifice
• With weapons & property> P50,000 – reclusion temporal
• Without weapons & property > P50,000 - penalty lower by one degree

Circumstances of Robbery

• Entry through an opening not intended for access
• Breaking of walls, doors, or windows
• Use of false keys, picklocks, or similar tools
• Impersonating public authority

Circumstances for Qualified Theft

• Qualified theft occurs when theft is committed
• By a domestic servant or with grave abuse of confidence
• Involving a motor vehicle, mail matter, or large cattle
• Coconuts taken from a plantation or fish taken from a fishpond
• During a calamity, such as fire, earthquake, or civil unrest

Usurpation

• Usurpation is the unlawful taking of possession of real property through violence or intimidation

Penalty of Usurpation

• Fine between 50% to 100% of the gain obtained (minimum of P15,000)
• If gain cannot be determined, fine between P 40,000 to P 100,000.00

Criminal v Civil Usurpation

• A criminal case for usurpation does not preclude a civil action for forcible entry because they involve distinct legal principles and remedies Reasons:
• Usurpation is a criminal offense involving unlawful occupation
• Forcible entry is a civil case that deals with the physical act of dispossession
• The parties involved may differ

General Rule Expropriation

• No person shall be deprived of property except by competent authority and for public use, with just compensation
• If just compensation is not paid, courts shall protect or restore the owner's possession

Key Principles of Expropriation

• Eminent Domain → The State has the power to take private property for public use
• Due Process → The State must provide just compensation Delegation of Power
• National Government exercises it primarily
• Local governments may exercise

Public Use In Requirement of Expropriation

• Traditional Definition → Direct use by the public (e.g., roads, schools)
• Modern Interpretation → Includes projects that indirectly benefit the public (e.g., economic development projects)
• Strict Interpretation → Expropriation laws are construed in favor of the property owner

Just Compensation

• Refers to the full and fair equivalent taken

What Court Has Jurisdiction

• RTC (Regional Trial Court), regardless of property value
• It involves the exercise of government authority, not a monetary claim

What Happens If Used Ceases

• If taken for a specific purpose, ownership returns to the original owner once the purpose ends
• If expropriator acquired full ownership (fee simple title), the property remains with the expropriator permanently

Land Owner Rights Under Article 437

• a landowner has the right to full ownership of both the surface and subsoil of their land
• They can construct buildings, plant vegetation, and excavate as they see fit, provided they do not violate servitudes, special laws, or local ordinances
• However, this ownership is not absolute, as the law explicitly statesaerial that landowners cannot complain about the reasonable requirements of aerial navigation

Absolute Ownership?

• No, ownership is not absolute
• Aerial Navigation: Cannot complain about reasonable airspace use
• Servitudes & Ordinances: Must comply with zoning laws and easements
• Modern Interpretation: Ownership is limited to the economic utility of the space or subsoil

Key Limitations on Land

• Aerial Navigation → Landowners cannot claim unlimited airspace rights
• Servitudes & Ordinances → Must follow zoning laws, easements, and building codes
• Subsoil & Underground Rights → Ownership is limited by laws on mining, infrastructure, and subterranean navel

United States v. Causby

• Landowners have rights over their immediate airspace
• Military planes flew low over Causby's farm, disturbing his livestock
• Ruling: Constant, low-flying aircraft can amount to a "taking" that requires just compensation
• Impact: Aerial use must be reasonable and must not interfere with property enjoyment

Article 437 Modern Rule Drone

• Drones may violate property rights if they intrude excessively
• The phrase "reasonable requirements of navigation" should protect landowners from unwanted drone surveillance or interference
• Privacy and ownership issues arise with modern aerial technology

Hidden Treasure 439

• Hidden treasure refers to any unknown and concealed deposit of money, jewelry, or other precious objects whose lawful ownership is not apparent
• To qualify as hidden treasure, it must consist of movable property and must have been previously unknown or undiscovered
• Ancient artifacts buried underground are considered hidden treasure, but the structure or tomb itself is not

Owns Hidden

• Ownership of hidden treasure depends on where it is found
• If the owner of the land discovers the treasure they retain full ownership
• If the treasure is discovered on another person's land, the landowner and the finder share it equally
• If the finder is a trespasser, they are not entitled to any share
• The State may require the treasure at a just price.

Rules For Treasure In Buildings

• If inside a structure, treasure goes to the structure owner
• If the structure and land is different, it goes to the structure owner

Rights of Finder

• Their rights depend on how they found it
• They share treasure with the landowner, unless they broke the law getting there

Articles 438

• This does not apply to deliberate hunting of treasure
• Regulations are covered by the National Museum

General Limitations

• Ownership rights are extensive, but not above the State
• State's inherent power may impose limitations from police or eminent domain

Specific Legal Impingements

• Ownership is further restricted by specific laws and legal doctrines in cases of servitudes which prevent land owners from causing harm
• Tuo Alienum impacts what people due since persons are limited from injury of property
• Emergency allows acts of necessity to avoid larger harm

Land Balance

• Balance the needs of everyone with an idea of responsibility
• State power must ensure public ownership protects private interests

Accession Discreta

• Relates to rights of crops to their property

Real Rights

• This general rule is the owner of the fruits and seeds for their land
• An exceptions is on good faith possession

Discreta Accession

• There are three types- Nature, Industry, and Civil
• General rule is that the principle owns its fruits, but that can been impacted by exceptions

Key Case Rulings

• They apply to ownership rights of those who rent or live on the land

Continuation Addition

• Can be achieved in structures placed on land owned
• Machinery and fixtures

Accession Principali Doctrine

• What the principal has, the accessories need

Tumulad v Vicencio

• Relates to chattel

Children Owned

• Follow the owner of the mother, unless noted in writing for an exchange

Differ

• Relates to the right of certain property

Key Takeaways

• An accession
• Applies a certain person

Production Obligation

• Relates to payment production

Message of 43

• Must make sure of payment is worth the amount

reimbursement4

• What expenses are needed and are limited to their ability

Possession

• Those who are in bad faith and not the ones in good faith

Does Law Require?

• Is only needed for those

Article 443 Case

• This is where certain persons have an increased access

Takeaways

• It ensures you do not do actions which you did do