Civil Code of the Philippines PDF

CIVIL CODE OF THE PHILIPPINES TITLE V: Possession TITLE VI: Usufruct LAW CODE: REPUBLIC ACT NO. 386 Title VII: Easements or Servitudes Title: AN ACT TO OR...

CIVIL CODE OF THE PHILIPPINES TITLE V: Possession TITLE VI: Usufruct LAW CODE: REPUBLIC ACT NO. 386 Title VII: Easements or Servitudes Title: AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF Title VI: Nuisance THE PHILIPPINES Title VII: Registry of Property Date enacted: June 18, 1949 Purpose: serves as the foundation of civil law in the country. It TITLE I: CLASSIFICATION OF PROPERTY covers various aspects of private law, such as personal rights, What is property? obligations, family law, property, contracts, and successions.  It implies that anything that can be owned, used, or controlled by individuals, corporations, or the state falls Key Parts of the Civil Code under this category of "things" or "property." In legal Preliminary Title- General provisions, defining basic terms and terms, appropriation means that the object can be outlining rules for interpretation of laws, as well as possessed, owned, or claimed by a legal entity. fundamental principles like justice and equity. Characteristics of property Selected articles from Chapter 1 1.Utility - Property satisfies humans needs and wants Article 1. This Act shall be known as the "Civil Code of the 2.Substantive - it has substance. it can exist independently. Philippines." (n) 3. Appropriability - possession/ contract is example, not Article 2. Laws shall take effect after fifteen days following the necessarily ownership completion of their publication in the Official Gazette, unless it Example. is otherwise provided. This Code shall take effect one year after House = property such publication. (1a) Public road = not property, not appropriable Article 3. Ignorance of the law excuses no one from compliance Paint on a painting = not property, not substantive and not therewith. (2) appropriable Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) CLASSIFICATION OF PROPERTY 1. Immovable vs movable Persons and Family Relations 2. Tangible vs intangible  Covers personal status, marriage, legal separation, 3. Consumable vs non-consumable parental authority, and support. It includes Family Law 4. Fungible vs non-tangible and the rights of individuals in personal matters. 5. Res NULLIUS vs res communes Property, Ownership, and its Modifications 6. Property of public dominion vs property of private  Defines the types of property and ownership rights, entity including classifications like movable and immovable property and the extent of ownership rights. IMMOVABLE VS MOVABLE The Law on Obligations and Contracts Article 414. All things which are or may be the object of  Details the rules on obligations (acts required or appropriation are considered either: forbidden by law) and the elements, types, and (1) Immovable or real property; or enforcement of contracts. It emphasizes mutual consent, (2) Movable or personal property. (333) lawful cause, and object as necessary for a valid contract Immovable Property – also known as real property. These are Succession assets that cannot be moved without altering their substance,  Governs the inheritance of property upon death. It such as land, buildings, or other structures permanently defines the rules on wills, intestate succession (without a attached to the land. will), legitimes (inheritance rights of heirs), and Movable Property- also known as personal property. These are testamentary succession (with a will). items that can be physically relocated from one place to Torts and Damages another without changing their nature, like furniture, vehicles,  Provides rules on civil liability for acts causing harm to or personal belongings. others. It defines liability for wrongful acts and includes remedies for damages. TANGIBLE VS INTANGIBLE TABLE OF CONTENTS Tangible Property - Physical assets that can be touched and felt, Preliminary Title such as machinery, books, or livestock. Book I: Persons Intangible Property - Non-physical assets that represent value Book II: Property, Ownership, and Its Modifications but lack a physical form, like intellectual property (patents, Book III: The Law on Obligations and Contracts copyrights) or goodwill. Book IV: Obligations and Contracts Related to Successions Book V: Obligations and Contracts Related to Torts and CONSUMABLE VS NON-CONSUMABLE: Damages Article 418. Movable property is either consumable or nonconsumable. To the first class belong those movables which BOOK II: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS cannot be used in a manner appropriate to their nature Book II Titles without their being consumed; to the second class belong all Title I: Classification of Property the others. (337) Title II: Ownership Consumable Property: Assets that are used up or consumed in Title III: Co-Ownership their normal use, such as food, fuel, or paper. Title IV: Some special properties Non-Consumable Property: Assets that can be used repeatedly them permanently attached to the land, and forming a over time without being consumed or destroyed, such as tools, permanent part of it; the animals in these places are included; appliances, or vehicles.  These structures are immovable if the owner intends Note* these properties are personal properties. them to be permanently part of the property. The animals housed in these structures are also included. FUNGIBLE VS NON-FUNGIBLE (7) Fertilizer actually used on a piece of land; Fungible Property - Items that are interchangeable with others  Fertilizer that has been applied to the soil is considered of the same kind and value, such as money, grains, or oil. part of the land and is therefore immovable, as it is Non-Fungible Property - Unique items that cannot be replaced integrated into the land to enhance its productivity. with an identical counterpart, such as a piece of art, land, or (8) Mines, quarries, and slag dumps, while the matter thereof custom-designed items. forms part of the bed, and waters either running or stagnant;  Natural resources within the land, such as minerals and RES NULLIUS VS RES COMMUNES stone in a mine, are immovable as long as they are part of Res Nullius: Things that belong to no one but can be owned by the land. Water bodies (like rivers or lakes) on the land the first person to take possession of them, like wild animals or are also considered immovable. unclaimed land. (5) Machinery, receptacles, instruments or implements Res Communes: Things that are not owned by anyone but are intended by the owner of the tenement for an industry or available for the use of everyone, such as air, oceans, or works which may be carried on in a building or on a piece of sunlight. land, and which tend directly to meet the needs of the said industry or works; CHAPTER 1: Immovable Property  Equipment installed by the owner specifically to support Civil code list of Immovable Properties industrial or commercial activities on the property is Immovable property, considered immovable as long as it meets the needs of  also known as real property, refers to items or rights that the industry. are permanently attached to the land and cannot be (6) Animal houses, pigeon-houses, beehives, fish ponds or easily moved without altering their nature or damaging breeding places of similar nature, in case their owner has them. placed them or preserves them with the intention to have (1) Land, buildings, roads and constructions of all kinds adhered them permanently attached to the land, and forming a to the soil; permanent part of it; the animals in these places are included;  Any structure that is permanently attached to the ground,  These structures are immovable if the owner intends including buildings and infrastructure like roads, is them to be permanently part of the property. The animals considered immovable because it is part of the land. housed in these structures are also included. (2) Trees, plants, and growing fruits, while they are attached to (9) Docks and structures which, though floating, are intended the land or form an integral part of an immovable; by their nature and object to remain at a fixed place on a river,  “Once harvested, however, they may be classified as lake, or coast; movable.”  Even if floating, structures like docks are considered Civil code list of Immovable Properties immovable if they are meant to remain permanently in (3) Everything attached to an immovable in a fixed manner, in one location, such as a specific spot on a river, lake, or such a way that it cannot be separated therefrom without coast. breaking the material or deterioration of the object; (10) Contracts for public works, and servitudes and other real  Items that are permanently fixed to a building or land, rights over immovable property. (334a) such as flooring or built-in cabinets, are immovable.  This includes legal agreements for infrastructure projects Detaching them would damage either the item or the and real rights (such as easements or servitudes) that property. pertain to the use of immovable property. (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of Properties of Immovable Properties the immovable in such a manner that it reveals the intention to Immovable by nature - inherently immovable properties attach them permanently to the tenements; (1) Land, buildings, roads and constructions of all kinds adhered  Decorative or artistic items attached to a building or land, to the soil; in a way that shows the owner's intent to keep them (8) Mines, quarries, and slag dumps, while the matter thereof permanently, are immovable. forms part of the bed, and waters either running or stagnant; (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or Immovable by destination - movable objects that have been works which may be carried on in a building or on a piece of intentionally fixed or associated with immovable property by land, and which tend directly to meet the needs of the said the owner industry or works; (4) Statues, reliefs, paintings or other objects for use or  Equipment installed by the owner specifically to support ornamentation, placed in buildings or on lands by the owner of industrial or commercial activities on the property is the immovable in such a manner that it reveals the intention to considered immovable as long as it meets the needs of attach them permanently to the tenements; the industry. (7) Fertilizer actually used on a piece of land; (6) Animal houses, pigeon-houses, beehives, fish ponds or (8) Mines, quarries, and slag dumps, while the matter thereof breeding places of similar nature, in case their owner has forms part of the bed, and waters either running or stagnant; placed them or preserves them with the intention to have (9) Docks and structures which, though floating, are intended (2) Shares of stock of agricultural, commercial and industrial by their nature and object to remain at a fixed place on a river, entities, although they may have real estate. (336a) lake, or coast; Immovable by incorporation - movable objects that have Even if these companies own real estate, their shares are become part of immovable property by being physically considered personal property because they represent attached or incorporated w/c can damage the principal if the ownership in a business, not in a specific physical asset. thing is detached (1) Land, buildings, roads and constructions of all kinds adhered Determine the following whether they are movable or to the soil; immovable (2) Trees, plants, and growing fruits, while they are attached to Sacks of cement in the construction site = movable the land or form an integral part of an immovable; Cement forming the post of the building = immovable (3) Everything attached to an immovable in a fixed manner, in Printing machine on a printing press = immovable such a way that it cannot be separated therefrom without Laptop in the printing press used to process = movable breaking the material or deterioration of the object; Statues placed by the lessee in the leased = movable but may Immovable by analogy - Intangible assets treated as immovable become immovable if the lessor allowed through contract and due to their connection to land or immovable property rights the lessee becomes the agent of the lessor (10) Contracts for public works, and servitudes and other real rights over immovable property. (334a) Why is it important to know whether properties are movable Note* or immovable? Real rights are rights attached to real property FORMALITIES Mortgage should be of real property to consider it immovable ⚫ Real Property: According to Article 1358 of the Civil Code, by analogy (not chattel mortgage) transferring rights over real property requires written contracts for registration purposes. However, the validity of the transaction does not depend on whether it is verbal CHAPTER 2: MOVABLE PROPERTY or written; both are valid. Written contracts, however, Civil code list of movable Properties ensure easier enforcement and recognition.  Also known as personal property refers to objects and ⚫ Personal Property: Transactions involving personal rights that are not fixed to land and can generally be property generally do not require written instruments for moved without damage. validity unless specific laws (e.g., for chattel mortgages) Article 416. The following things are deemed to be personal mandate otherwise. property: REGISTRATION (1) Those movables susceptible of appropriation which are not ⚫ Real Property: The Torrens System governs the included in the preceding article; registration of real property to ensure legal ownership and avoid disputes. Anything that can be owned or possessed and is not classified ⚫ Personal Property: as immovable (such as furniture, vehicles, and jewelry) falls -Chattel Mortgage (secured transactions for personal property) under this category. must be registered with the Register of Deeds. (2) Real property which by any special provision of law is -Under the Personal Property Security Act (PPSA), certain considered as personalty; personal property used as collateral for loans must also be registered to protect creditor rights. Certain items may be classified as personal property due to ACQUISITIVE PRESCRIPTION special legal provisions, even if they are typically considered ⚫ Real Property: Ownership can be acquired through immovable. prescription: 10 years for good faith possession and 30 (3) Forces of nature which are brought under control by science; years for bad faith possession. and ⚫ Personal Property: Ownership can be acquired through prescription: 4 years for good faith possession and 8 years Natural forces like electricity, solar energy, and other for bad faith possession. harnessed forces are considered personal property once VENUE TO FILE ACTIONS humans control or capture them for use. ⚫ Personal Actions (usually involving personal property): (4) In general, all things which can be transported from place to Can be filed in any court with jurisdiction over the person place without impairment of the real property to which they are or property. fixed. (335a) ⚫ Real Actions (pertaining to real property): Must be filed in the court where the property is located, as the judgment Items that can be physically moved without affecting the directly affects the land or its rights. immovable property to which they are attached, such as tools, appliances, and personal belongings, are considered movable. Why is it important to know whether properties are movable Article 417. The following are also considered as personal or immovable? property: Sale on Installment (1) Obligations and actions which have for their object Real Property: Governed by the Maceda Law (R.A. 6552), movables or demandable sums; and which protects buyers of real estate on installment from unjust forfeitures. This includes rights or claims to receive movable items or Personal Property: Governed by the Recto Law (Article 1484), demandable amounts, such as loans or accounts receivable. which provides protection to buyers, including remedies like installment payments and rescission. Double Sale Private Ownership is property owned by private individuals or Personal Property: Under Article 1544, preference is given to groups. the first buyer in possession acting in good faith. BAR Q and A Real Property: Preference is given to the buyer who first Question 1 registers the property in good faith. An Australian living in the Philippines acquired shares of stock Note* If neither registers, the buyer who takes possession first worth P10 million in food manufacturing companies. He died in in good faith is preferred. Manila, leaving a legal wife and a child in Australia and a live-in partner with whom he had two children in Manila. He also left Local Taxation a will, done according to Philippine laws, leaving all his Only real property is subject to real property taxes under local properties to his live in partner and their children. What law taxation laws. Personal property is not taxed in the same will govern the validity of the disposition in the will? (2011 BAR) manner, though certain taxes (e.g., excise or VAT) may apply to A) Australia law since his legal wife and legitimate child are specific transactions or uses. Australians and domiciled in Australia. (B) Australian law since the intrinsic validity of the provisions of CHAPTER 3: Property in Relation to the Person to Whom It a will is governed by the decedent’s national law. Belongs (C) Philippine law since the decedent died in Manila and he Category of property executed his will according to such law. Article 419. Property is either of public dominion or of private (D) Philippine law since the decedent’s properties are in the ownership. (338) Philippines. Answer Public dominion An Australian living in the Philippines acquired shares of stock Property intended for public use or public service. worth P10 million in food manufacturing companies. He died in Private ownership Manila, leaving a legal wife and a child in Australia and a live-in Property owned by private individuals or entities and not partner with whom he had two children in Manila. He also left intended for public use. a will, done according to Philippine laws, leaving all his CHAPTER 3: Property in Relation to the Person to Whom It properties to his live in partner and their children. What law Belongs will govern the validity of the disposition in the will? (2011 BAR) Property of Public Dominion Question 2 Article 420. The following things are property of public All rights are considered as property? dominion: Answer (1) Those intended for public use, such as roads, canals, rivers, (a) False. Only right which are patrimonial in character can be torrents, ports and bridges constructed by the State, banks, considered property. Rights shores, roadsteads, and others of similar character; which are not patrimonial, such as the right to liberty, the right (2) Those which belong to the State, without being for public to honor, family rights, and use, and are intended for some public service or for the political rights cannot be considered property. development of the national wealth. (339a) Question 3 (topic is category of lands) These may not be open to the public directly but serve In 1960, Rigor and Mike occupied two separate but adjacent governmental or economic purposes, such as government- tracts of land-in Mindoro. Rigor's tract was classified as timber owned natural resources or facilities meant to develop national land while Mike's was classified as agricultural land. Each of wealth. them fenced and cultivated his own tract continuously for 30 Patrimonial Property years. In 1991, the Government declared the land occupied by Article 421. All other property of the State, which is not of the Mike as alienable and disposable, and the one cultivated by character stated in the preceding article, is patrimonial Rigor as no longer intended for public use or public service. property. (340a) Rigor and Mike now come to you today for legal advice in Patrimonial property includes all other state-owned properties asserting their right of ownership of their respective lands that are not classified as public dominion (i.e., not intended for based on their long possession and occupation since 1960. public use or service). (a) What are the legal consequences of the 1991 declarations Examples: These can include government buildings or land not of the Government respecting the lands? Explain your answer. used for public service or not open to the public. (2017 BAR) Article 422. Property of public dominion, when no longer Answer intended for public use or for public service, shall form part of (a) As to the land occupied by Mike, the same remains a the patrimonial property of the State. (341a) property of the public dominion. According to jurisprudence, Property of public dominion that is no longer used for public the classification of the property as alienable and disposable purposes or services automatically becomes patrimonial land of the public domain does not change its status as property of the state. property of the public dominion. There must be an express declaration by the State that the pub-lic dominion property is Private Property no longer intended for public service or the development of Article 425. Property of private ownership, besides the the national wealth or that the property, has been converted patrimonial property of the State, provinces, cities, and into patrimonial. Without such express declaration, the municipalities, consists of all property belonging to private property, even if classified as alienable or disposable, remains persons, either individually or collectively. (345a) property of the public dominion (Heirs of Mario Malabanan v. Republic,G.R. No. 179987, April 29, 2009 and September 3,2013). Usufruct - is a legal concept that grants a person the right to As to the land occupied by Rigor, the declaration that it is no use and enjoy the fruits (profits, benefits, or produce) of a longer intended for public use or public service converted the property owned by someone else, without altering or same into patrimonial property provided that such express damaging the property. declaration was in the form of a law duly enacted by Congress The term comes from the Latin words usus (use) and fructus or in a Presidential Proclamation in cases where the President (fruits or produce). was duly authorized by law. According to jurisprudence, when ◆ Inclusion public land is no longer intended for public use, public service 1. Right to Use (Usus): The usufructuary (the person granted or for the development of the national wealth it is thereby the usufruct) can use the property as if they were the effectively removed from the ambit of public dominion and owner (e.g., live in it, rent it out). converted into patrimonial provided that the declaration of 2. Right to Fruits (Fructus): The usufructuary can enjoy the such conversion must be made in the form of a law duly profits generated by the property, such as crops, rent, or enacted by Congress or by a Presidential proclamation in cases dividends. where the President is duly authorized by law to that effect 3. No Right to Dispose: The usufructuary cannot sell, (Heirs of Mario Malabanan v. Republic, G.R. No. 179987, April destroy, or significantly alter the property unless explicitly 29, 2009 and September 3, 2013). allowed. 4. Temporary: Usufruct is typically for a fixed term or lasts until the usufructuary’s death (if it’s personal). It does not TITLE II OWNERSHIP transfer ownership of the property itself. CHAPTER 1 Incidental rights Ownership in General 1. Right to enjoy( possession, use, fruits, and exclude Definition others) Article 427. Ownership may be exercised over things or rights. 2. Right to dispose( right to destroy or abuse, alienate, (n) transform and encumber. 3. Right to recover (action to recover) Ownership is the right to enjoy, dispose and recover a thing Article 433. Actual possession under claim of ownership raises without further limitations than those established by the law or disputable presumption of ownership. The true owner must will of the owner resort to judicial process for the recovery of the property. (n) Independent and general right of a person to control a REQUISITES thing particularly in his possession, enjoyment, disposition Article 434. In an action to recover, the property must be and recovery, subject to no restrictions except those imposed identified, and the plaintiff must rely on the strength of his title by the state or private persons, without prejudice to the and not on the weakness of the defendant's claim. (n) provisions of the law a) Replevin b) Accion interdictal—forcible entry and unlawful detainer KINDS OF OWNERSHIP c) Accion publiciana Full ownership — All rights of an owner. d) Accion reinvidicatoria Naked ownership — Ownership where the right to the use and e) Writ of possession | writ of demolition the fruits have been denied. f) Writ of preliminary injunction Sole ownership — Ownership is only vested in one person. Co-ownership — Shared ownership among two or more REPLEVIN individuals.  A legal action to recover personal property wrongfully taken or withheld by another person, along with possible Full ownership damages for the detention of that property. Art. 428. The owner has the right to enjoy and dispose of a  This remedy is often used when someone has possession thing, without other limitations than those established by law. of your property without the legal right to keep it. The The owner has also a right of action against the holder court may issue an order requiring the return of the and possessor of the thing in order to recover it. (348a) property to its rightful owner. Example: If someone borrows your equipment and refuses to 7 RIGHTS OF AN OWNER UNDER ROMAN LAW return it, you can file a replevin action to recover it. Jus possidendi -The right to possess Jus utendi -The right to use ACCION INTERDICTAL Jus fruendi -The right to the fruits  A legal remedy in Philippine law to recover possession of Jus abutendi -The right to consume real property. Jus disponendi -The right to dispose Type of cases Jus vindicandi -The right to recover  Forcible Entry: Where possession is taken unlawfully or Jus accessiones -The right to accessories through force. -Action must be brought within 1 year from the Naked Ownership dispossession means you have the title to the property, but the rights to use -Issue involved is mere physical possession or it (usufruct) and enjoy its fruits are given to someone else. This possession de facto and not juridical possession nor ownership often occurs in situations involving usufruct agreements or inheritance.  Unlawful Detainer: Where possession is retained WRIT OF PRELIMINARY INJUNCTION unlawfully after a legal right to possess has ended (e.g.,  A court order issued at the beginning of a case to prevent after the lease expires). a party from taking specific actions that could cause harm -Action must be brought within one year from last while the case is ongoing. demand letter -It aims to preserve the status quo until the court Example: If someone forcibly takes over your land or refuses to makes a final decision. leave after their lease expires, you can file an accion interdictal Example: If a neighbor threatens to construct a wall that would case. block your driveway, you can file for a writ of preliminary injunction to stop the construction while the court decides the ACCION PUBLICIANA case.  A legal remedy to recover possession of real property after someone has been deprived of it for more than one Possession as part of ownership year, typically not through force. ⚫ De Leon vs public estates authority, 626 SCRA 547 (2 010)  Must be brought within a period of 10 years - the owner is entitled of possession otherwise the real right to possess is lost ⚫ Abobon vs abobon G.R. No. 155 830 August 15, 2012 - -Issue is possession de jure (legal possession) owner w/ Torrens title - possession is attribute of -the right to possess a property as recognized by law, ownership even if the person does not have actual physical control of it at the moment. Limitations of ownership Example: If you discover that someone has been occupying 1. Specific Limitations imposed by law ( easement of right of your land without permission for the past two years, you can way, legal easement) file an accion publiciana to reclaim it. 2. General limitations imposed through inherent power of the state ( police power, power of taxation and power of ACCION REINVIDICATORIA eminent domain )  A legal action to recover ownership and possession of real 3. Limitations imposed by grantor or transferor( conditions property. It is based on the claim that the plaintiff is the imposed by donor to donee rightful owner of the property. 4. Inherent limitations from conflict w/ other -This is broader than accion interdictal or publiciana, rights( nuisance) as it seeks to establish both ownership and the right to possess. 5. Limitations imposed by the owner himself ( lease -Must be brought in the RTC contract , voluntary easements ) -It must be brought within 10 or 30 years as the case may be Article 435. No person shall be deprived of his property except -Issue involved is ownership and for this purpose, by competent authority and for public use and always upon evidence of title or mode may be introduced payment of just compensation. Example: If someone claims ownership of your land and Should this requirement be not first complied with, the courts refuses to vacate, you can file an accion reinvidicatoria to shall protect and, in a proper case, restore the owner in his prove ownership possession. (349a) Note* It is permissible to file both an action for ownership Article 436. When any property is condemned or seized by and for detainer over the same land, and between the competent authority in the interest of health, safety or security, same parties, because the issues involved are different the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified. WRIT OF POSSESSION  A court order granting a person the legal right to take -Police power regulates the use of our property possession of a property. -Power of taxation- right to property is privilege -Common in foreclosure cases, this writ is issued after -Power of eminent domain - Expropriation the court confirms that the applicant has the legal right to -Nuisance prohibits the certain use or activity of property possess the property. because they cause threat, hazard or inconvenience to others -Used in connection with the Land Registration Law is an order directing the sheriff to place a successful Police power registrant under the Torrens system in possession of the The inherent power of the government to regulate the use of property covered by a decree of the Court property to promote public health, safety, morals, and general Example: A bank can file for a writ of possession after welfare. foreclosing on a property to take control of it from the previous  Police power ensures that private property use does not owner. harm society. While it may limit property rights, no compensation is given to the owner because it is a WRIT OF DEMOLITION regulation, not a taking.  A court order to demolish structures or buildings that Example: Zoning laws that prevent building factories in occupy land unlawfully. residential areas, or prohibiting activities such as excessive -This writ is typically issued after an ejectment case noise or pollution. when the person in unlawful possession has built structures that need to be removed. Power of Taxation Example: If squatters have built shanties on private land, the The government’s authority to impose taxes on individuals and court may issue a writ of demolition after a successful case for property for public purposes. unlawful detainer.  The right to property in this context is treated as a ARTICLE 437. The owner of a parcel of land is the owner of its privilege, where property owners are obligated to surface and of everything under it, and he can construct contribute a portion of their property (in the form of taxes) thereon any works or make any plantations and excavations for the benefit of society. which he may deem proper, without detriment to servitudes Example: Property taxes collected from homeowners to fund and subject to special laws and ordinances. He cannot complain public services like schools, roads, and healthcare. of the reasonable requirements of aerial navigation. (350a) Power of Eminent Domain Rules on Hidden Treasures The government’s authority to take private property for public -Article 438. Hidden treasure belongs to the owner of the land, use, provided that the property owner is given just building, or other property on which it is found. compensation. This process is called expropriation. -Nevertheless, when the discovery is made on the property of  This power is exercised to build infrastructure like roads, another, or of the State or any of its subdivisions, and by bridges, or public facilities. It is justified on the grounds of chance, one-half thereof shall be allowed to the finder. If the public necessity. finder is a trespasser, he shall not be entitled to any share of Example: A private farmland is expropriated to construct a the treasure. highway, and the owner is compensated for the value of the -If the things found be of interest to science or the arts, the land. State may acquire them at their just price, which shall be divided in conformity with the rule stated. (351a) Nuisance -Article 439. By treasure is understood, for legal purposes, any A use or activity on a property that is prohibited because it hidden and unknown deposit of money, jewelry, or other poses a threat, hazard, or inconvenience to others. precious objects, the lawful ownership of which does not  A nuisance interferes with the rights of others to enjoy appear. (352) their property or public spaces. The government can restrict or abate such activities to protect public welfare. General rule Example: -Hidden treasures belong to the owner of land, building or Public nuisance: A factory emitting toxic fumes that harm a other property on w/c it is found. (the owner of the property nearby community. discovered the treasure) 100% Private nuisance: A neighbor playing loud music at night, -The law does not support "finders keepers" disturbing others. Exemption Doctrine of Self-help -The discovery was made on another's property or property of 1. Right to self defense (physical force). the state (50% ) Art. 429. The owner or lawful possessor of a thing has the right -The discovery is made by chance. (one who looks for treasure to exclude any person from the enjoyment and disposal with owner’s permission) thereof. For this purpose, he may use such force as may -The finder is not a co-owner of the property where the be reasonably necessary to repel or prevent an actual or treasure is found threatened unlawful physical invasion or usurpation of his -The final is not a trespasser property. (n) -From family code if the finder or owner is married, the  Requisite share in the hidden treasure is conjugal property and not -Reasonable force is exercised exclusive. -The force is exercised by the owner of the agents of owner -Must be immediate ( continuous aggression) CHAPTER 2 Right of Accession there must be physical invasion whether actual or threat or What is right of Accession? usurpation The right of accession refers to the legal principle whereby the 2.Right to enclose property owner of a property becomes the owner of everything Article 430. Every owner may enclose or fence his land or produced by or attached to that property, whether naturally or tenements by means of walls, ditches, live or dead hedges, or artificially. This includes any additions, improvements, or by any other means without detriment to servitudes constituted extensions to the property. thereon. (388) Article 440. The ownership of property gives the right by 3. No injury to rights of third persons ( encroachment of accession to everything which is produced thereby, or which is other's property , videoke etc.) incorporated or attached thereto, either naturally or artificially. this should be voluntarily remembered (353) Article 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. (n) Kinds of rights of accession 4. SIC UTERE UT ALIENUM NON LAEDAS  Accession discreta Article 432. The owner of a thing has no right to prohibit the  Accession continua interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened ACCESSION DISCRETA damage, compared to the damage arising to the owner from General rule: the owner of the principal is also the owner of the interference, is much greater. The owner may demand from the fruits the person benefited indemnity for the damage to him. (n)  Exemption 5. Surface and sub - surface rights - owner owns everything on 1. Possession by the possessor in good faith the surface and beneath but above or air space the owner 2. Usufructuary must comply with requirement of aerial navigation. 3. Agricultural tenant or lessee of rural land 4. Pledgee who can apply the fruit to the debt (art. 2102 CC) SPECIAL RULE FOR ANIMAL 5. Antichretic creditor Article 444. Only such as are manifest or born are considered as natural or industrial fruits. Kinds of Fruits With respect to animals, it is sufficient that they are in the SECTION 1. Right of Accession with Respect to What is womb of the mother, although unborn. (357) Produced by Property To be considered as "fruits," these must already exist Article 441. To the owner belongs: (i.e., manifest) or must have been born (e.g., harvested or (1) The natural fruits; produced). (2) The industrial fruits; Animals are considered fruits as soon as they are (3) The civil fruits. (354) conceived (i.e., while still in the womb of the mother).Even Article 442. Natural fruits are the spontaneous products of the though the animals are unborn, they are already treated as soil, and the young and other products of animals. fruits because their value and potential benefits are attached to their eventual birth. Industrial fruits are those produced by lands of any kind through cultivation or labor. ACCESSION CONTINUA ⚫ The offspring of animals belong to the owner of the Two Types mother—applicable when the male and female belong to SECTION 2. Right of Accession with Respect to Immovable different owners Property ⚫ This follows the maxim of “pratus sequitor ventrem”—the  Accession industrial offspring follows the dam or mother  Accession natural Civil fruits are the rents of buildings, the price of leases of lands SECTION 3 Right of Accession with Respect to Movable and other property and the amount of perpetual or life Property annuities or other similar income. (355a)  Adjunction or conjunction (union of two things that belong to different owners) CIVIL FRUITS VS NATURAL & INDUSTRIAL FRUITS  Commixtion or confusion (mixture of solids) Civil fruits such as rent from leased property, Interest from  Specifications – transformation of another’s material by loans, Dividends from shares of stock. application of labor  Since civil fruits are generated through legal or contractual arrangements (e.g., rent payments, interest ACCESSION INDUSTRIAL due dates), they accrue daily and do not depend on RULES WHEN LAND OWNER USED MATERIAL OF ANOTHER physical growth. Article 447. The owner of the land who makes thereon,  They are classified as personal property because they personally or through another, plantings, constructions or represent monetary or intangible income rather than works with the materials of another, shall pay their value; and, physical things. if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have ⚫ While natural and industrial fruits are physically attached the right to remove them only in case he can do so without to the land while they are growing or unharvested, which injury to the work constructed, or without the plantings, makes them real property at that stage. Once separated constructions or works being destroyed. However, if the from the land (e.g., harvested or gathered), they become landowner acted in bad faith, the owner of the materials may personal property. remove them in any event, with a right to be indemnified for ⚫ damages. (360a) CHARACTERISTIC OF THE EXPENSES  Obligation of the land owner - shall pay their value; and, if he acted in bad faith, he shall also be obliged to the Article 443. He who receives the fruits has the obligation to pay reparation of damages the expenses made by a third person in their production,  Rights of the owner of the material - right to remove gathering, and preservation. (356) them only in case he can do so without injury to the work The costs must specifically relate to: constructed, or without the plantings, constructions or  Production: Expenses incurred to cultivate or create the works being destroyed. However, if the landowner acted fruits (e.g., planting or fertilizing crops). in bad faith, the owner of the materials may remove them  Gathering: Costs associated with harvesting or collecting in any event, with a right to be indemnified for damages. the fruits (e.g., labor for picking crops). RULES WHEN ONE BUILDS, SOW PLANT ON THE PROPERTY OF  Preservation: Expenditures to maintain the fruits' quality ANOTHER post-harvest (e.g., refrigeration). Article 448. The owner of the land on which anything has been  Expenses for improving the property itself (e.g., upgrading built, sown or planted in good faith, shall have the right to land or structures) are not covered by this obligation appropriate as his own the works, sowing or planting, after The costs must be deemed necessary, not luxurious or payment of the indemnity provided for in articles 546 and 548, excessive. or to oblige the one who built or planted to pay the price of the  Necessary: Purchasing fertilizers or hiring workers for land, and the one who sowed, the proper rent. However, the harvesting. builder or planter cannot be obliged to buy the land if its value  Excessive: Spending on ornamental or non-essential is considerably more than that of the building or trees. In such equipment. case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms Forms of Natural Accession thereof. (361a)  Alluvium - gradual Right of the land owner  Avulsion - sudden and noticeable  right to appropriate as his own the works, sowing or  Change of course of rivers planting, after payment of the indemnity  Formation of islands  to oblige the one who built or planted to pay the price of the land Alluvium Note* cannot be obliged to buy the land if its value is It is the gradual deposit of sediment by natural action considerably more than that of the building or trees of a current of fresh water (not sea water), the original identity to oblige the one who sowed, the proper rent. of the deposit being lost. Where is by sea water, it belongs to the State. (Government of Philippine Islands v. Cabangis, G.R. The builder/planter/sower in bad faith No. L-­­28379, Mar. 27, 1929) Article 449. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without Some important definition of terms right to indemnity. (362)  Riparian Owner - owner of the property adjoining Article 450. The owner of the land on which anything has been foreshore lands, marshy lands or lands covered with built, planted or sown in bad faith may demand the demolition water bordering upon shores or banks of navigable lakes of the work, or that the planting or sowing be removed, in order or rivers; it embraces not only owner of lands on the to replace things in their former condition at the expense of the banks of rivers but also the littoral owners, or the owners person who built, planted or sowed; or he may compel the of lands bordering the shore of the sea or lake or other builder or planter to pay the price of the land, and the sower tidal waters. (Lands General Circular No. 37 dated Feb. 7, the proper rent. (363a) 1978)  Accretion -the process of growth or increase, typically by Right of the builder/planter/sower in bad faith the gradual accumulation of additional layers or matter: Article 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of REQUISITES OF ALLUVIUM the land. (n) 1. The deposit should be gradual and imperceptible What if a lessee build something without the lessor’s consent, 2. Cause is the current of river is he builder in bad faith? 3. Cannot be done artificially or man-made causes Art. 168 CC. the lessee is entitled to either remove the 4. That the land where accretion takes place is adjacent to construction or be paid 50% of the value of the construction the bank of river Note* the option is on the lessor. 5. The owner of the adjacent lot will own the increase He is not also entitled of indemnity in Art. 448 because he can’t say that he is in good faith. REASONS WHY ALLUVIUM IS GRANTED THE RIPARIAN OWNER 1) To compensate him for the loss he may suffer Can a land owner be in bad faith? 2) To compensate him because the property is Article 453. If there was bad faith, not only on the part of the subject to encumbrances and legal easements person who built, planted or sowed on the land of another, but 3) The interests of agriculture require that the soil be also on the part of the owner of such land, the rights of one and given to the person who is in the best position to the other shall be the same as though both had acted in good cultivate the same faith. 4) Since after all, it cannot be said with certainty from whom -It is understood that there is bad faith on the part of the the soil came landowner whenever the act was done with his knowledge and without opposition on his part. (364a) Rules on accretion Yes. whenever the act was done with his knowledge and ACCRETION ON THE BANK OF A LAKE AND ON THE BANK without opposition on his part. OF AN ISLAND FORMED IN A NON-NAVIGABLE RIVER Article 454. When the landowner acted in bad faith and the  Belong to the owners of the estate to which they have builder, planter or sower proceeded in good faith, the been added provisions of article 447 shall apply. (n) ACCRETION ON A SEA BANK  Still belongs to the public domain ACCESSION NATURAL THE ALLUVIAL DEPOSIT ISNT AUTOMATICALLY What is Natural Accession REGISTERED UNDER THE TORRENS SYSTEM Article 457. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the Avulsion effects of the current of the waters. (336) Art. 459. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land Natural accession refers to the process by which a property and transfers it to another estate, the owner of the land to owner acquires ownership of things that naturally become which the segregated portion belonged retains the ownership attached to or grow on their property due to natural forces or of it, provided that he removes the same within two years. processes. It is a form of acquiring additional property without (368a) any action or agreement by the owner, based solely on the The sudden and noticeable removal or addition of land due to principle of ownership of the original property. the violent action of water (e.g., floods or storms). Art. 460. Trees uprooted and carried away by the current Islands can form naturally within rivers, lakes, or seas due to of the waters belong to the owner of the land upon which the accumulation of soil or sediment. they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the OWNERSHIP OF ISLANDS expenses incurred in gathering them or putting them in a safe 1. If formed on the sea place. (369a) a. Within the territorial waters or maritime zone or jurisdiction of the Philippines—STATE REQUISITES OF AVULSION b. Outside the jurisdiction—the first country to 1. Sudden and violent occupy effectively 2. Land is identifiable and known 2. If formed on lakes, navigable or floatable rivers—STATE 3. Owner of the land where the land was detached 3. If formed on non-navigable or non-floatable rivers retains ownership—subject to remove land within 2 years a. If nearer in margin to one bank, owner of nearer margin is sole owner Change of course of rivers b. If equidistant, the island shall be divided Art. 461. River beds which are abandoned through the longitudinally in halves natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands CO-OWNERSHIP adjoining the old bed shall have the right to acquire the Art. 484. There is co-ownership whenever the ownership of an same by paying the value thereof, which value shall not undivided thing or right belongs to different persons. In default exceed the value of the area occupied by the new bed. (370a) of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. (392) When a river or stream naturally changes its course,  State where an undivided thing or right belongs to two or abandoning its old bed and forming a new one. more persons 1. Owner of new bed will own the old river bed  Right of common dominion which 2 or more persons have 2. Adjacent owners has the right to acquire the old land over a spiritual, ideal part of a thing which is not physically 3. If new owners refuse to sell, their refusal would be divided contrary to law—the adjacent owners have a preemptive SOURCES OF CO-OWNERSHIP right over the old bed 1. By law a. In case of the government, it has the right to 2. By contract return the river to its former course—following the Water Code 3. By chance 4. By occupation or occupancy REQUISITES FOR ARTICLE 461 TO APPLY 5. By succession or will 1. The change must be sudden in order that the old river bed may be identified CHARACTERISTICS OF CO-OWNERSHIP 2. The changing of the course must be more or less -There must be more than one subject or owner permanent and not temporary overflooding of another’s land -There is one physical whole divioded into ideal shares 3. The change of the river bed must be a natural one -Each ideal share is definite in amount but is not physically caused by natural forces segregated from the rest 4. There must be a definite abandonment by the government -Regarding the physical whole, each co-owner must respect 5. The river must continue to exist, that is, it must not each other in the common use, enjoyment, or preservation of completely dry up or disappear the physical whole -Regarding the ideal share, each co-owner holds almost RULE IS NEW RIVER BED IS ON PRIVATE ESTATE absolute control over the same Even if the new bed is on private property the bed -It is not a juridical person becomes property of public dominion, just as the old bed had -There is no mutual agency been of public dominion before the abandonment -There is no extinguishment upon the death of any co-owner Article 462. Whenever a river, changing its course by natural -A co-owner is in a sense a trustee for the other co-owners causes, opens a new bed through a private estate, this bed shall become of public dominion. (372a) Shares of benefits Art. 485. The share of the co-owners, in the benefits as well as Formation of islands in the charges, shall be proportional to their respective interests. Article 464. Islands which may be formed on the seas within the Any stipulation in a contract to the contrary shall be void. The jurisdiction of the Philippines, on lakes, and on navigable or portions belonging to the co-owners in the co-ownership shall floatable rivers belong to the State. (371a) be presumed equal, unless the contrary is proved. (393a) Article 465. Islands which through successive accumulation of Art. 486. Each co-owner may use the thing owned in common, alluvial deposits are formed in non-navigable and non-floatable provided he does so in accordance with the purpose for which it rivers, belong to the owners of the margins or banks nearest to is intended and in such a way as not to injure the interest of the each of them, or to the owners of both margins if the island is in co-ownership or prevent the other co-owners from using it the middle of the river, in which case it shall be divided according to their rights. The purpose of the co-ownership may longitudinally in halves. If a single island thus formed be more be changed by agreement, express or implied. (394a) distant from one margin than from the other, the owner of the Art. 488. Each co-owner shall have a right to compel the other nearer margin shall be the sole owner thereof. (373a) co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt himself from this obligation by a. Created by the will of the parties inter vivos - A property renouncing so much of his undivided interest as may be owner grants another person usufruct rights in a deed or equivalent to his share of the expenses and taxes. No such contract. waiver shall be made if it is prejudicial to the co-ownership. b. Created mortis causa -A parent leaves a usufructuary right (395a) over property to a child in their will. 3. Mixed - Usufruct may arise through a combination of legal USUFRUCT provisions and private agreements. What is usufruct? Article 562. Usufruct gives a right to enjoy the property of Rights of Usufructuary another with the obligation of preserving its form and Article 566. The usufructuary shall be entitled to all the natural, substance, unless the title constituting it or the law otherwise industrial and civil fruits of the property in usufruct. With provides. (467) respect to hidden treasure which may be found on the land or It is a legal right granted to a person (the usufructuary) tenement, he shall be considered a stranger. (471) to use and enjoy the property of another (the naked owner) Use and enjoy the property, including its fruits (both natural without owning it, under the condition that the property is and civil fruits like rents, interests, or dividends). preserved and returned after the usufruct ends. Improve the property, provided these do not alter its substance.  jus utendi and jus fruendi equals usufruct; jus disponendi Regarding hidden treasure equals naked ownership  the usufructuary, not being the landowner, is not entitled  A usufructuary is a person who is granted the right to use as owner, but is entitled as finder—to ½ of the treasure as and enjoy the property of another person (the owner) a rule, unless there is a contrary agreement without owning it.  If somebody else is the finder, the usufructuary gets Note* An owner becomes a naked owner when they transfer nothing the right of use and enjoyment of their property to another person (the usufructuary) through a usufruct agreement or by Obligations of Usufructuary operation of law, while retaining bare ownership of the Article 583. The usufructuary, before entering upon the property enjoyment of the property, is obliged: (1) To make, after notice to the owner or his legitimate CHARACTERISTICS OF USUFRUCT representative, an inventory of all the property, which shall 1. Essential characteristics contain an appraisal of the movables and a description of the a. It is a real right - A usufruct is classified as a real right (jus in condition of the immovables; re), meaning it is enforceable against the world and not just (2) To give security, binding himself to fulfill the obligations between parties. imposed upon him in accordance with this Chapter. (491) b. It is of temporary nature or duration -Usufruct is not Maintain the substance of the property and preserve it in good perpetual; it has a limited duration, which may be based on: condition. The lifespan of the usufructuary (life usufruct). Return the property after the termination of the usufruct. A specific term agreed upon by the parties. Pay necessary expenses for ordinary repairs and maintenance. Note* It ends automatically upon the expiration of its term, the death of the usufructuary, or the total destruction of the Extinguishment of Usufruct property. Article 603. Usufruct is extinguished: c. Its purpose is to enjoy the benefits and derive the (1) By the death of the usufructuary, unless a contrary intention advantages from the object as a consequence of normal use or clearly appears; exploitation (e.g., the usufruct is transferable or inheritable). 2. Natural characteristics—obligation of conserving and (2) By the expiration of the period for which it was constituted, preserving the form and substance of the thing and return the or by the fulfillment of any resolutory condition provided in the property upon termination of usufruct. title creating the usufruct; 3. Accidental characteristics—those which may be present or (e.g., the usufruct ends upon the marriage of the usufructuary absent depending upon the stipulation of the parties or completion of a certain event). The parties may add or modify rights and obligations within the (3) By merger of the usufruct and ownership in the same person; usufruct agreement such as: If the usufructuary acquires ownership of the property (or vice -Allowing the usufructuary to alter or improve the property. versa), the usufruct ends because one cannot have a usufruct -Adding restrictions on the use of the property. over their own property. (4) By renunciation of the usufructuary; Classifications of Usufruct The usufructuary can voluntarily give up their right, effectively Article 563. Usufruct is constituted by law, by the will of private extinguishing the usufruct. persons expressed in acts inter vivos or in a last will and (5) By the total loss of the thing in usufruct; testament, and by prescription. (468) (e.g., a house burns down) 1. Legal - A usufruct is established automatically by law, even (6) By the termination of the right of the person constituting the without an explicit agreement between parties. usufruct; Example: The surviving spouse’s usufruct over the family home (e.g., due to foreclosure, expropriation, or other legal actions) under inheritance laws. (7) By prescription. (513a) 2. Voluntary or conventional - Usufruct is created based on the If the usufructuary fails to exercise their right for a period will or agreement of private individuals, either during their sufficient to give rise to prescription (non-use), lifetime (inter vivos) or upon death (mortis causa). TITLE VII: EASEMENTS OF SERVITUDES d. The servient estate can’t be completely taken over or lose its usefulness. What is easement or servitude e. The benefit serves the dominant estate, not just the owner. Article 613. An easement or servitude is an encumbrance f. Use of the easement is naturally limited to what the imposed upon an immovable for the benefit of another dominant estate reasonably needs. immovable belonging to a different owner. g. Easements aren’t automatic; they must be legally granted or The immovable in favor of which the easement is established is imposed by law. called the dominant estate; that which is subject thereto, the 5. Inherence - Easements are tied to the property, not the servient estate. (530) person, and pass on to future property owners. An easement, or servitude, is a real right constituted 6. Indivisible - The easement applies to the whole property, over a property for the benefit of another property or person. not just a part of it. An easement is a burden imposed on a piece of land 7. Intransmissible - You can’t transfer or sell the easement (servient estate) for the benefit of another piece of land separately from the dominant estate. (dominant estate), or for the benefit of a person or the public. 8. Perpetual - Easements generally last forever unless legally It restricts the owner of the servient estate in the use of their ended. property while granting certain benefits to the dominant estate or beneficiary. Kinds of Easements Art. 615. Easements may be continuous or discontinuous, Easement vs Servitude apparent or nonapparent. Continuous easements are those the Easement use of which is or may be incessant, without the intervention of Definition- A burden imposed on a piece of land (servient any act of man. Discontinuous easements are those which are estate) for the benefit of another land (dominant estate) or a used at intervals and depend upon the acts of man. Apparent person. easements are those which are made known and are Scope- Generally refers to the specific right granted, such as continually kept in view by external signs that reveal the use right of way, drainage, or light and view. and enjoyment of the same. Nonapparent easements are those Purpose- Primarily grants a specific right to use or limit the use which show no external indication of their existence. (532) of a property. Art. 616. Easements are also positive or negative. A positive Focus- More specific and practical in application (e.g., pathway, easement is one which imposes upon the owner of the servient water drainage). estate the obligation of allowing something to be done or of doing it himself, and a negative easement, that which prohibits Servitudes the owner of the servient estate from doing something which Definition- A broader term that refers to any limitation or he could lawfully do if the easement did not exist. (533) burden on property, including easements. Servitude is often 1. According to the Party Given the Benefit used in a general or encompassing sense. a. Real Easement - A right attached to a piece of land Scope- Servitude can include easements but also refers to (immovable property) that benefits another immovable broader legal obligations or restrictions, such as covenants or property owned by a different party. zoning restrictions. Example: A driveway easement allowing access to a landlocked Purpose- Servitudes can impose a variety of obligations, property. The benefit is tied to the property and transfers with including public use, conservation, or building restrictions. it when sold. Focus- Broader and more conceptual, covering various b. Personal Easement: A right granted to specific individuals or property rights and burdens. a community for their use, independent of property ownership. Example: A person might have the right to cross a neighbor's Characteristics of Easments land to access a nearby stream. The right does not transfer if Art. 613. An easement or servitude is an encumbrance imposed the individual moves or sells their property. upon an immovable for the benefit of another immovable belonging to a different owner. 2. According to the Manner They Are Exercised The immovable in favor of which the easement is established is a. Continuous Easements - Rights that can be exercised called the dominant estate; that which is subject thereto, the continuously without the need for human action. servient estate. (530) Example: A drainage easement allowing water to flow naturally 1. A Real Right - An easement is a legal right attached to a from one property to another. property (not a person). The dominant estate can enforce b. Discontinuous Easements - Rights that require human it against whoever possesses the servient estate (the intervention to exercise and has interval. burdened property). Example: A pathway easement used only when the owner 2. Applies Only to Another’s Property - You can only have decides to walk across another’s land. an easement over property you don’t fully own. 3. Jus in Re Aliena (A Right Over Another’s Property) - An 3. According to Whether or Not Their Existence Is Indicated easement gives specific rights over someone else’s a. Apparent Easement - Easements that are visibly or physically property while they still own it. indicated, making their existence evident. 4. A Limitation or Encumbrance - The easement limits how Example: A visible pipeline running across a property. the servient estate is used to benefit the dominant estate. b. Non-Apparent Easement - Easements that are not visible or a. There must be some benefit to the dominant estate. do not have a physical manifestation. b. The benefit doesn’t have to be actively used. Example: A right-of-way easement recorded in legal c. The benefit doesn’t need to be very significant. documents but with no visible path or markings. 4. According to the Purpose of the Easement or the Nature of Art. 630. The owner of the servient estate retains the the Limitation ownership of the portion on which the easement is established, a. Positive Easement - Grants the holder the right to perform and may use the same in such a manner as not to affect the an action on another’s property. exercise of the easement. (n) Example: An easement allowing a property owner to build a structure that partially extends onto a neighbor's land. Rights of a dominant estate b. Negative Easement - Restricts the property owner from 1. right to use the easement and perform all necessary performing certain actions on their own property for the actions for its use, including any additional rights needed benefit of another. (accessory easements). Example: A restriction preventing a property owner from 2. right to use the easement and perform all necessary blocking sunlight to a neighbor's property. actions for its use, including any additional rights needed (accessory easements). MODES OF ACQUIRING EASEMENTS 3. ask the court for a mandatory injunction to stop or Art. 620. Continuous and apparent easements are acquired remove any obstruction (e.g., if the servient owner blocks either by virtue of a title or by prescription of ten years. (537a) a pathway or access). 1. Continuous and Apparent Easements- These are easements 4. give up the easement entirely if they no longer want to that operate without human action and are visibly noticeable contribute to its maintenance costs. (e.g., a drainage system) acquired through: a. By Title: Through a legal agreement or document. Obligations of a dominant estate b. By Prescription: If used openly and continuously for 1. must use the easement as it was originally established, 10 years, the easement may be acquired by law. without making changes. 2. Discontinuous and Apparent Easements - These require 2. must avoid increasing the inconvenience or burden on the human action to be used and are visibly noticeable (e.g., a servient estate. pathway) acquired Only by Title and legal document is Examples: required; prescription does not apply. a. Only use the easement for the purpose originally agreed 3. Continuous and Non-Apparent Easements - These operate upon (e.g., for moving specific items). without human action but are not visibly noticeable (e.g., an b. In a right-of-way easement, they cannot widen the path or underground water pipe) acquired only by title store materials beyond the agreed area. 4. Discontinuous and Non-Apparent Easements - These 3. If multiple dominant estates benefit from the same require human action and are not visibly noticeable (e.g., easement, each must share the costs of maintenance and hidden access rights) acquired only by Title repairs in proportion to the benefit received. CC PROVISIONS ON THE RIGHTS AND OBLIGATIONS OF THE Rights of a servient estate OWNER OF THE DOMINANT AND SERVIENT ESTATE TO AN 1. Ownership and Possession - The servient owner retains IMMOVABLE PROPERTY. full ownership and possession of the land, even where the Art. 627. The owner of the dominant estate may make, at his easement applies. own expense, on the servient state any works necessary for the 2. Use of the Easement - The servient owner can use the use and preservation of the servitude, but without altering it or area of the easement unless explicitly prohibited, rendering it more burdensome. For this purpose he shall notify provided it does not interfere with the dominant estate’s the owner of the servient estate, and shall choose the most use and they contribute to expenses in proportion to their convenient time and manner so as to cause the least benefit (unless agreed otherwise). inconvenience to the owner of the servient estate. (543a) 3. Change of Location - If the easement becomes highly Art. 628. Should there be several dominant estates, the owners inconvenient, the servient owner may move it to a more of all of them shall be obliged to contribute to the expenses convenient spot, but only if it is equally functional for the referred to in the preceding article, in proportion to the benefits dominant estate and causes no harm. which each may derive from the work. Any one who does not wish to contribute may exempt himself by renouncing the Obligations of the Servient Estate easement for the benefit of the others. 1. No Impairment - The servient owner must not obstruct or If the owner of the servient estate should make use of the interfere with the easement’s use by the dominant estate. easement in any manner whatsoever, he shall also be obliged 2. Contribution to Expenses - If the servient owner benefits to contribute to the expenses in the proportion stated, saving from the easement, they must share maintenance costs an agreement to the contrary. (544) unless agreed otherwise. Art. 629. The owner of the servient estate cannot impair, in any 3. Restoration After Impairment - If the servient owner manner whatsoever, the use of the servitude. Nevertheless, if impairs the easement, they must restore the original by reason of the place originally assigned, or of the manner condition at their own expense and compensate for established for the use of the easement, the same should damages. become very inconvenient to the owner of the servient estate, 4. Damages for Changes - If the servient owner changes the or should prevent him from making any important works, location or form of the easement, they are responsible for repairs or improvements thereon, it may be changed at his any costs or damages incurred. expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby MODES OF EXTINGUISHMENT OF EASEMENTS to the owner of the dominant estate or to those who may have Art. 631. Easements are extinguished: a right to the use of the easement. (545) (1) By merger in the same person of the ownership of the dominant and servient estates;  When the same person owns both the dominant of the higher estate make works which will increase the burden. (benefiting) and servient (burdened) estates, the (552) easement is no longer necessary and is extinguished because one owner has full control over the land. P.D. 1067 Water code of the Philippines Article 51. The banks (2) By nonuser for ten years; with respect to discontinuous or rivers and streams and the shores of the seas and lakes easements, this period shall be computed from the day on throughout their entire length and within a zone of three (3) which they ceased to be used; and, with respect to continuous meters in urban areas, twenty (20) meters in agricultural areas easements, from the day on which an act contrary to the same and forty (40) meters in forest areas, along their margins, are took place; subject to the easement of public use in the interest of recreation, navigation, flotage, fishing and salvage. No person Easements are extinguished if they are not used for ten years. shall be allowed to stay in this zone longer than what is  For discontinuous easements (used intermittently), this necessary for recreation, navigation, flotage, fishing or salvage period starts when they are last used. or to build structures of any kind  For continuous easements (used continuously), the period starts when an action contrary to the easement happens. Easement right of Way (3) When either or both of the estates fall into such condition Article 649. The owner, or any person who by virtue of a real that the easement cannot be used; but it shall revive if the right may cultivate or use any immovable, which is surrounded subsequent condition of the estates or either of them should by other immovables pertaining to other persons and without again permit its use, unless when the use becomes possible, adequate outlet to a public highway, is entitled to demand a sufficient time for prescription has elapsed, in accordance with right of way through the neighboring estates, after payment of the provisions of the preceding number; the proper indemnity.  If either the dominant or servient estate falls into such a Should this easement be established in such a manner that its condition that the easement cannot be used, it may be use may be continuous for all the needs of the dominant estate, extinguished. establishing a permanent passage, the indemnity shall consist  However, if the estate’s condition improves, allowing the of the value of the land occupied and the amount of the easement to be used again, it can revive unless the 10- damage caused to the servient estate. year non-use period for prescription has passed. In case the right of way is limited to the necessary passage for (4) By the expiration of the term or the fulfillment of the the cultivation of the estate surrounded by others and for the condition, if the easement is temporary or conditional; gathering of its crops through the servient estate without a  If the easement was established for a specific period or permanent way, the indemnity shall consist in the payment of subject to a condition, it is extinguished once the term the damage caused by such encumbrance. expires or the condition is fulfilled. This easement is not compulsory if the isolation of the (5) By the renunciation of the owner of the dominant estate; immovable is due to the proprietor's own acts. (564a)  If the owner of the dominant estate voluntarily gives up the easement (renounces it), the easement ends. Requisite of easement of right of way (6) By the redemption agreed upon between the owners of the 1. Lack of Adequate Access - The property must have no dominant and servient estates. (546a) existing access to a public road or an insufficient path for  If both owners agree, the easement can be extinguished its reasonable use (e.g., too narrow or unsuitable for through a redemption deal (e.g., the servient owner pays vehicles). the dominant owner to terminate the easement). 2. Necessity, Not Convenience - The right of way must be necessary for the enjoyment of the property, not just a Legal Easments matter of convenience for the dominant estate owner. A legal easement is a type of easement imposed by 3. Shortest and Least Burdensome Path - The path law, rather than by an agreement or contract between the requested must be the shortest and cause the least parties. It exists to serve public interest, protect private damage or inconvenience to the servient estate. property rights, or promote fairness between property owners.  Art. 650. The easement of right of way shall be Legal easements are mandatory, meaning the servient estate established at the point least prejudicial to the servient (the burdened property) cannot refuse to comply. estate, and, insofar as consistent with this rule, where the TYPES OF LEGAL EASEMENTS distance from the dominant estate to a public highway 1. Easements relating to waters may be the shortest. (565) 2. Right of way 4. Payment of Indemnity - The dominant estate owner must 3. Light and view compensate the servient estate owner for the land use 4. Party wall and any resulting damages. 5. Drainage of building 5. Compliance with Legal Procedures - The process usually 6. Intermediate distances requires legal documentation or a court ruling to establish 7. Easement against nuisance the right of way formally. 8. Lateral and subjacent support 6. No Preexisting Easement Agreement - If an existing easement already provides sufficient acce