Property Notes PDF - Atty. James Laman SY 2024-2025

PROPERTY NOTES Atty. James Laman SY 2024-2025 WHAT IS PROPERTY? 2. Physical Impossibility (you can’t own the moon,...

PROPERTY NOTES Atty. James Laman SY 2024-2025 WHAT IS PROPERTY? 2. Physical Impossibility (you can’t own the moon, Derived from the Latin word “propius”, meaning at least not yet) belonging to one or one’s own (Rabuya) An object which is or may be appropriated (Paras) Rights as property Refers to any thing which is already the object of Property is sometimes used to denote the thing appropriation or found in the possession of man with respect to which legal relations between (Ingles) persons exist Everything which can be subject of ownership, o The res over which rights are exercised corporeal, or incorporeal, tangible or intangible, o Sometimes to the rights with respect to the visible or invisible, real or personal. thing Everything that has an exchangeable value or which Either real or property goes to make up wealth or estate. Extends to every species of valuable right and Note: Res - thing/subject matter e.g. res ipsa loquitor interest including real and personal property, incorporeal hereditaments such as rents and services, right of way, rights of profit or use in land What is a Real Right? of another, and chooses in action. (Black’s Law Right or interest belongs to a person over a specific Dictionary, 4th Edition, 1968) thing Without a definite passive subject against whom TITLE 1: CLASSIFICATION OF PROPERTY such right may be personally enforced (no specific PRELIMINARY PROVISIONS person) Art 414 All things which are or may be the object of Jus in re appropriation are considered either: means having a complete and perfect rights over 1. Immovable or real property; or property that is valid against anyone in the world 2. Movable or personal property. It is also known as jus in rem or jura in rem Jus in re aliena i the other hand refers to an What’s a thing? easement or right in or over another person’s any object that exists and is capable of satisfying property, which is also known as an encumbrance some human needs includes both objects that are already possessed or The res of a real right may be: owned and those that are susceptible of 1. Personal Property appropriation 2. Real property more comprehensive term (than property), as there 3. Either personal or real are things which are not susceptible of appropriation and they are not included in the concept of property If the res of a real right is real property, the right itself is real property; otherwise it is personal property. Requisites of Property 1. Utility – capacity to satisfy some human wants. Dominion Dominium 2. Substantivity – quality of having existence apart from any other thing Ownership, or right to property or On the civil and old 3. Appropriability – susceptibility of being possessed complete ownership English Law: by man Ownership; property. Res communes Or common things are not capable of appropriation Classification in their entirety, although they may be appropriated 1. Domino Pleno -- power under certain conditions in a limited way, and to enjoy and suppose are thereby become property in law. united o E.g. Electricity, oxygen, etc. a. Dominion, Civil possession, Res Nullius hereditary right Or a thing may have no owner because it has not yet been appropriated, or because it has been lost Dominium Plenum - or abandoned by the owner. Full ownership; the union It constitutes property as long as it is susceptible of of the dominium being possessed for the use of man. directum with the o E.g. Wild animals, hidden treasure dominium utile Things cannot be considered as property when they are not 2. Domino menos pleno - susceptible of appropriation because of: - powers to enjoy and 1. Legal Impossibility (you can’t sell your body while dispose are separated: you are alive, at least not legally) 1  PROPERTY NOTES Atty. James Laman SY 2024-2025 What is the importance of the classification into a. surface right, movables or immovables? b. usufruct In private international law, general rule is that immovables are governed by the law of the country Dominimum utile - in which they are located whereas movables are useful or beneficial governed by the personal law of the owner which in ownership; the usufruct, cases is the law of his nationality or his domicile or the right to the use In criminal law, usurpation of property can take and [consintue] place in any place only with real property. On the other hand, robbery and theft can be committed only against personal property 3. Domino Limitado -- In procedural law, actions concerning real powers to enjoy and to property are brought in the RTC where the property dispose though united is located, whereas actions involving personal are limited property are brought in the court where either the a. By guaranty defendant or plaintiff resides. (mortgage, o Forcible entry and unlawful detainer for pledge) REAL property b. By a charge o Replevin or manual delivery for PERSONAL c. (easement ) In contracts, only a real property can be the d. By a privilege subject matter of real mortgage and antichresis. (pre-emption, While only personal property can be the subject of redemption) mutuum (loan), voluntary deposit, pledge In order that the donation of an immovable may What is a personal right? be valid, it must be made in a public instrument. Those Enforceable against a specific person or o For movables, may be oral or in writing (if persons more than P5000, need only to be in a o Right or power of a person private instrument) o To demand from another as a definite For Prescription (Acquisitive) subject o Movables: 4 and 8 years o The fulfillment of the latter’s obligation o Immovables: 10 and 30 years Transaction involving real property must be Jus in personam or jus ad rem recorded in the registry of property to affect 3rd Personal right or right of obligation has the following parties. Not required with personal property, except elements: for chattel mortgage cases. Requisites of a Valid Obligation CHAPTER 1: IMMOVABLE PROPERTY 1. Active Subject (right resides) 2. Passive Subject (right is available) Art. 415. The following are immovable property: 3. Prestation (to give, to do, or not to do) 4. Juridical or legal tie (binds parties to the (1) Land, buildings, roads and constructions of all kinds obligation) adhered to the soil; (2) Trees, plants, and growing fruits, while they are Real Personal attached to the land or form an integral part of an immovable; Definite active subject who has a Object always an right against all persons incorporeal thing (3) Everything attached to an immovable in a fixed generally as an indefinite passive manner, in such a way that it cannot be separated subject therefrom without breaking the material or deterioration of the object; Object is generally a corporeal Always an incorporeal thing thing (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the Created by ‘mode’ and ‘title’ Created by “title” owner of the immovable in such a manner that it reveals the intention to attach them permanently to the Extinguished by the loss or Personal right services tenements; destruction of the thing which it the subject matter is exercised (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or Directed against the whole world Directed against a works which may be carried on in a building or on a piece (actio in rem against 3rd person particular person of land, and which tend directly to meet the needs of the (action in personam) said industry or works; 2  PROPERTY NOTES Atty. James Laman SY 2024-2025 2. Trees, plants and growing fruits (6) Animal houses, pigeon-houses, beehives, fish ponds Immovable while they are: or breeding places of similar nature, in case their owner Attached to the land, or has placed them or preserves them with the intention to Form an integral part of an immovable have them permanently attached to the land, and forming Once cut or uprooted, they become movable a permanent part of it; the animals in these places are included; Growing crops ot fruits or ungathered products or fruits may be treated as personal property for the (7) Fertilizer actually used on a piece of land; purpose of attachment execution and the chattel mortgage law (Sibal v Valdez, G.R. No. L-26278) (8) Mines, quarries, and slag dumps, while the matter For the purpose of attachment and thereof forms part of the bed, and waters either running execution, and for the purposes of the or stagnant; chattel mortgage law, “ungathered” have the nature of personal property (9) Docks and structures which, though floating, are When growing crops are sold before harvest, the intended by their nature and object to remain at a fixed transaction is considered as sale of movables place on a river, lake, or coast; because it is a given that they are to be gathered Because it is a given that they are to be gathered or (10) Contracts for public works, and servitudes and other harvested for delivery real rights over immovable property. 3. Everything attached to an immovable in a fixed manner CLASSES OF IMMOVABLE PROPERTY [NIDA] Attachment must be such that: 1. By Nature – cannot be carried from place to place It cannot be separated from the immovable 2. By Incorporation – attached to an immovable in a Without breaking the material, or fixed manner to be and integral part Deterioration of the object 3. By Destination – placed in an immovable for the utility it gives If an immovable by incorporation is temporarily separated, 4. By Analogy – by express provisions of law because will still be regarded as immovable if: it is regarded as united to the immovable property There is intent to attach permanently. Intent to attach permanently essential - objects placed by IMMOVABLE PROPERTIES humans with intention to permanent annexation lose their identity as movables 1. Lands, building, roads and constructions of all kinds Must adhere to the soil 4. Statutes, relief, painting or other object for use Building must be more be more or less of a ornamentation permanent structure independent of and regardless Immovable when: of the ownership of the land which it is erected since Placed on the immovable by the owner of the latter, the law makes no distinction (so possible to and mortgage building even if in the land of another, In such a manner that it reveals the intention to since it’s separate from the land (Manila Building attach them permanently to the tenements Loan AssociationAssociation, 1909) Roads, whether public or private are immovable Not necessarily by the owner personally but through an agent Real Property may be treated by the parties as If placed by a person NOT the owner like the lessee = Personal Property MOVABLE. A building is by itself an immovable property irrespective of whether or not said structure 5. Machinery, receptacles, instruments, implements and the land on which it is adhered for an industry or works Valid real estate mortgage can be constituted Immovable only when: only on the building erected on the land Placed by the owner of the tenement or his agent belonging to another Industry or works carried on in a building or on a to belong to the same owner piece of land The parties to a contract of a chattel mortgage The machinery etc. must tend directly to meet the may, by agreement treat as personal property needs of the said industry or works that which by nature would be real property (see: estoppel, so they can be subject to a writ Serg’s Products et al vs Finance Inc (2000) of replevin between parties) In the present case, the machines that were the subjects of o However, the chattel mortgage is not the Writ of Seizure were placed by petitioners in the factory binding on third persons. built on their own land. Indisputably, they were essential and principal elements of their chocolate-making industry. 3  PROPERTY NOTES Atty. James Laman SY 2024-2025 In case their owner has placed them or preserves Hence, although each of them was movable or personal them property on its own, all of them have become "immobilized With the intention to have them permanently attach by destination because they are essential and principal to the land and forming a permanent part of it elements in the industry." In that sense, petitioners are The animals in these places are included correct in arguing that the said machines are real, not Must permanently form part of the land and so intended by personal, property pursuant to Article 415 (5) of the Civil the owner Code. 7. Fertilizers actually used on a piece of land The Court has held that contracting parties may validly Immovable when: stipulate that a real property be considered as Actually used on a piece of land personal. After agreeing to such stipulation, they are Fertilizers kept in a barn are not immovable consequently estopped from claiming otherwise. 8. Mines, quarries and slag dumps Under the principle of estoppel, a party to a contract is Immovable when: ordinarily precluded from denying the truth of any material fact found therein. While the matter thereof forms part of the bed Meaning, the matter thereof remains unsevered Applying Tumalad, the Court in Makati Leasing and Finance from the soil Corp. v. Wearever Textile Mills also held that the machinery Waters, either running or stagnant are classified as used in a factory and essential to the industry, as in the immovables present case, was a proper subject of a writ of replevin because it was treated as personal property in a contract. 9. Docks and structures, though floating Pertinent portions of the Court’s ruling are reproduced Immovable if : hereunder: Intended by their nature and object To remain a fixed structure "x x x. If a house of strong materials, like what was involved A river, lake or coasts in the above Tumalad case, may be considered as personal property for purposes of executing a chattel mortgage 10. Contracts for public works and servitudes and thereon as long as the parties to the contract so agree and other real rights over immovables no innocent third party will be prejudiced thereby, there is Where the res of a real right is real property, the absolutely no reason why a machinery, which is movable in right itself is real property its nature and becomes immobilized only by destination or Ownership is real property if the thing owned purpose, may not be likewise treated as such. This is really immovable because one who has so agreed is estopped from denying the o So a contract of loan is real property by existence of the chattel mortgage." analogy if secured by a real estate mortgage Davao Saw Mil vs. Castillo Where it is personal property, the right itself is Machinery which is movable in its nature only becomes personal property immobilized when placed in a plant by the owner of the o XPN: case of contracts for public works property or plant. which are considered real property Exception 1. Such person acted as the agent of the owner CHAPTER 2: MOVABLE PROPERTY 2. Lease agreement states that the machines will pass over to the lessor after the expiration of the lease Art. 416. The following things are deemed to be personal agreement property: Mindanao Bus Company vs. City Assessor (1) Those movables susceptible of appropriation which are Must be essential and be principal elements of an industry not included in the preceding article; tor works to the business not merely incidental to business Cash registers, typewriters for hotels, restaurants, (2) Real property which by any special provision of law is theaters are merely incidental hence personal considered as personal property; property Machineries of breweries used in the manufacture of (3) Forces of nature which are brought under control by liquor though movable by nature, are immobilized science; and because they are essential (4) In general, all things which can be transported from For purpose of taxation- considered immovable place to place without impairment of the real property to which they are fixed. 6. Animal houses, pigeon houses, beehives, fish ponds or breeding places of similar nature Immovable when: 4  PROPERTY NOTES Atty. James Laman SY 2024-2025 Art. 417. The following are also considered as personal 2. Movable Property property: According to OWNERSHIP (1) Obligations and actions which have for their object 1. Property of Private Ownership movables or demandable sums; and 2. Property of Public Domain (2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. REGALIAN DOCTRINE Under the Regalian doctrine, all lands of whatever CLASSES OF MOVABLE OR PERSONAL PROPERTY classification and other natural resources are presumed to 1. Property not included in Art. 415 belong to the State which is the source of any asserted right 2. Considered personal property by special provisions to ownership of the land. 3. Forces of nature brought under control by science 4. In general, all movable things ART. XII, SEC. 2 i. Obligations and actions ears, and under such terms and conditions as may be ii. Shares of stock provided by law. In cases of water rights for irrigation, water iii. Other incorporeal personal property supply, fisheries, or industrial uses other than the 5. Obligations and actions (personal rights, they development of water power, beneficial use may be the having a definite passive subject) measure and limit of the grant. 6. Shares of stock 7. Other incorporeal personal property Basis of Regalian Doctrine: DOMINIUM (RIGHT TO i. Intellectual property such as copyright, OWN OR ACQUIRE PROPERTY) patents, etc. If dominimum not imperium (sovereignty) is the basis of the theory of jura regalia, then the land which Spain acquired in the 16th century were Consumable v. Non-consumable limited to non-private lands. Art. 418. Movable property is either consumable or non consumable. To the first class belong those movables which cannot be used in a manner appropriate to their CHAPTER 3: PROPERTY IN RELATION TO WHOM IT nature without their being consumed; to the second class BELONGS belong all the others. ART. 419. Property is either of public dominion or of private ownership. Importance of classification: Consumable goods cannot be the subject matter of Property is either of a commodatum (unless for mere exhibition) 1. Public dominion or property owned by the State (or In mutuum, the subject matter is money or other its subdivisions ) in its public or sovereign capacity consumable thing and intended for public use and not for the use of the State as a juridical person Fungible 2. Private ownership or property owned by: 1. means goods of which any units is from its nature or by mercantile custom, treated as the equivalent 3. The state in its private capacity; known as patrimonial property of any other unit 2. Can be substitute by another thing of the same kind 4. Private persons, either individually or collectively quantity and quality. Property is presumed to be State property in the absence of 3. Money while characterized as movable is generic any showing to the contrary (Regalian Doctrine) and fungible ( BPI vs Franco) What’s dominion? Consumable 1. Not owned by the State but simply under its Depends on the nature of thing itself jurisdiction and administration for the collective Cannot be used in a manner appropriate to their enjoyment of all the people of the State nature without being consumed 2. Purpose is to serve the citizens, not the State as juridical person 3. Rises from the fact that the State is the juridical IMPORTANT CASE: Heirs of Mario Malabanan vs. Republic representative of the social group of the Philippines (En Banc) Art. 420. The following things are property of public dominion: CLASSIFICATION OF PROPERTY According to NATURE (1) Those intended for public use, such as roads, 1. Immovable Property canals, rivers, torrents, ports and bridges constructed by 5  PROPERTY NOTES Atty. James Laman SY 2024-2025 the State, banks, shores, roadsteads, and others of similar Properties of public dominion are outside of the commerce of character; man. Again, their purpose is to serve the citizens. (2) Those which belong to the State, without being for They can not be the object of appropriation either by the public use, and are intended for some public service or State or private persons. for the development of the national wealth. So... 1. Cannot be sold, leased or be the subject of contracts With respect to provinces, cities and municipalities or local 2. Cannot be acquired by prescription, not even by government units (LGUs), property for public use "consist of municipalities as against the State the provincial roads, city streets, municipal streets, the 3. Cannot be encumbered, attached, or be subject to squares, fountains, public waters, promenades, and public levy and sold at public auction. works for public service paid for by said provinces, cities, or 4. Cannot be burdened with easements municipalities. 5. Cannot be registered under the land registration law and be the subject of a Torrens title Three kinds of public dominion property Inclusion of public dominion property does 1. Intended for public use not confer title on the registrant Can be used by everybody 2. Not for public use but intended for some specific Public lands v Government lands public service Public lands Government Lands Only be used by duly authorized people, such as government buildings, etc Lands of the public Broader term 3. Intended for the development of national wealth, domain even if not employed for public use or service Minerals, coal, oil, forests Includes not only public lands, Charging of fees to the public does not affect the public Does not include all lands but also... character of the road or its character as property for public of government ownership use. but only so much of said 1. other lands of the lands as are thrown open government already What are other property of similar character to those to private appropriation reserved or devoted to intended for public use? and settlement by public use, 1. Public streams, river channels, river beds, etc homestead law 2. or subject to private 2. Accretions to the shores of the sea rights, 3. Submerged lands or lands reclaimed from the sea 3. and patrimonial lands by the government Mere reclamation of certain foreshore land does not convert these inalienable natural resources of the state into alienable or Alienation of public agricultural land disposable lands of the public domain. Unless pubic land is shown to have been reclassified There must be a law or proclamation and alienated by the State to a private person, it officially classifying them such. remains part of the inalienable public domain 4. Lands that disappeared into the sea All other lands are presumed to belong to the State 5. Canals constructed on private lands of private ownership but the owner loses his proprietary right Art. 421. All other property of the State, which is not of over said canal through prescription by allowing the the character stated in the preceding article, is patrimonial public to use it for transportation property. 6. Foreshore lands when the sea moved toward an estate and the tide invade it, the invaded property Patrimonial property becomes foreshore and passes to the public realm Property of the State owned by it in its private or Foreshore land is the strip of land that lies proprietary character between the high and low water marks Not for public use, service or development of the 7. Lot on which stairways were built for the use of the national wealth people as passageway to the highway May be acquired by private individuals or juridical persons through prescription; can be the object of an ordinary contract Note: Roads refer to those constructed by the national Art. 422. Property of public dominion, when no longer government intended for public use or for public service, shall form part Canals constructed by private persons over private of the patrimonial property of the State. lands are of private ownership Roadstead is a place less sheltered or enclosed than Property of the National Government a harbor where ships may ride at anchor Not self-executing There must be a formal declaration by the executive (exercised by the President) or possibly legislative 6  PROPERTY NOTES Atty. James Laman SY 2024-2025 department that the property is no longer needed during the period necessary to establish a for public use or for public service before the same presumption of ownership. can be classified as patrimonial property If the property is owned by the municipality in its A positive act declaring land as alienable and public and governmental capacity, the property is disposable is required public and Congress has absolute control over it. a. Presidential proclamation or executive If it is owned in its private or proprietary capacity, order then it is patrimonial and Congress has no control b. Administrative action over it. (page 63, de Leon) c. Investigation reports of Bureau of Lands investigators Case doctrines: d. Legislative act or a statute (Sec of DENR v The use of subdivision roads by the general public Yap) does not strip it of its private character. Classification of public lands is the exclusive Transfer of ownership from the subdivision owner- prerogative of the Executive Department – courts developer to the local government is not automatic have no authority (Sec of DENR v Yap) but requires a positive act from the owner- Abandonment cannot be inferred from non-use. developer before the city or municipality can acquire (Roponggi case) dominion over the subdivision roads. Until and Two requisites for judicial confirmation of imperfect unless the roads are donated, ownership remains or incomplete title, under CA 141 with the owner-developer. (Woodridge School, a. open, continuous, exclusive and notorious Inc v ARB Construction Co, Inc) possession and occupation of the subject land by himself or through his predecessors-in-interest under a bona fide Art. 425. Property of private ownership, besides the cliam of ownership since time immemorial patrimonial property of the State, provinces, cities, and or from June 12, 1945 municipalities, consists of all property belonging to private b. classification of the land as alienable and persons, either individually or collectively. disposable land of the public domain (Sec of DENR v Yap) Unclassified land? Considered as forest land (Sec of Private property DENR v Yap) 1. Belonging to private persons, either individually or collectively Property of Political Subdivisions 2. Belonging to the State and any of its subdivisions For provinces, cities and municipalities, the which are patrimonial in nature conversion must be authorized by law Municipal corporation has discretionary power to There is nothing that will prohibit churches from alienating withdraw a street from public use and sell it. (Cebu things classified into ‘sacred, religious, and holy.’ Oxygen v Becilles) In the case of Sps Alejandre Art. 423. The property of provinces, cities, and From the foregoing, property of private ownership or municipalities is divided into property for public use and patrimonial property of the State may be sub-classified into: patrimonial property. (1) "By nature or use" or those covered by Article 421, Art. 424. Property for public use, in the provinces, which are not property of public dominion or imbued with cities, and municipalities, consist of the provincial roads, public purpose based on the State's current or intended use; city streets, municipal streets, the squares, fountains, and public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. 2) "By conversion" or those covered by Article 422, which previously assumed the nature of property of public dominion All other property possessed by any of them is patrimonial by virtue of the State's use, but which are no longer being and shall be governed by this Code, without prejudice to used or intended for said purpose. Since those properties the provisions of special laws. could only come from property of public dominion as defined under Article 420, "converted" patrimonial property of the Property of Political Subdivisions State are separate from and not a subset of patrimonial Note that the articles speak of property for public property "by nature or use" under Article 421. use, indicating that properties for public service are patrimonial. In turn, the Civil Code classifies property of private (ambulance of the local ownership into three categories: government) 1. patrimonial property of the State under Articles Political subdivisions cannot register as their own 421 and 422; any part of the public 2. patrimonial property of LGUs under Article 424; domain, unless it is first shown that a grant thereof and has been made or possession has been enjoyed 3. property belonging to private individuals under Article 425 7  PROPERTY NOTES Atty. James Laman SY 2024-2025 liquids and merchandise, or other thing which do no have Donation Sale Acquisition as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or of Enabling law: Enabling law: Enabling Law: Civil the individual declaration, the contrary clearly appears. CA 141 CA 141 Code Property of National Government TITLE 2: OWNERSHIP 1. A positive act declaring land as alienable and CHAPTER 1: OWNERSHIP IN GENERAL disposable as required Presidential proclamation or executive order Art 427. Ownership may be exercise over things or rights. 2. Administrative action 3. Investigation reports of Bureau of Lands Ownership is the... investigators Independent right of a person to the exclusive 4. Legislative act or statute (Republic vs Pasig Rizal) enjoyment and control of a thing Classification of public lands is the Including its disposition and recovery subject only exclusive prerogative of the Executive to the restrictions or limitations established by law Department - courts have no authority and the rights of others Abandonment cannot be inferred from non-use (Laurel vs Garcia) Beneficial Ownership Ownership recognized by law and capable of being Property of Political Subdivisions enforced in court Right to enjoyment in one person, legal title is in The article speaks of property for public use, another indicating that properties for public service are patrimonial. Naked Ownership Political Subdivision cannot register as their own any Enjoyment of all the benefits and privileges of part of the public domain, unless it is first shown ownership that a grant thereof has been made or possession has been enjoyed during the period necessary to Ownership may be exercised over things or rights establish a presumption of ownership. 1. Thing – usually refers to corporeal property 2. Rights – whether real or personal, res of rights may be corporeal or incorporeal In the case of Zamboanga del-Norte vs Zamboanga City If the property is owned by the municipality in its public and Art. 428. The owner has the right to enjoy and dispose of governmental capacity, the property is public and Congress a thing, without other limitations than those established has absolute control over it. by law. Applying the above cited norm, all the properties in question, The owner has also a right of action against the holder and except the two (2) lots used as High School playgrounds, possessor of the thing in order to recover it. could be considered as patrimonial properties of the former Zamboanga province. Even the capital site, the hospital and Attributes of Ownership leprosarium sites, and the school sites will be considered The Seven Jus-es patrimonial for they are not for public use. 1. Possidendi (Possess) 2. Utendi (Use) Zamboanga del- Woodridge School Inc v. 3. Frudendi (Fruits) Norte vs Zamboanga ARB Construction 4. Accessionis (Accession) City 5. Abutendi (Abuse) 6. Disponendi (Dispose) 7. Vindicandi (Vindicate/Recover) Right to possess or jus possidendi right to hold a thing or enjoy a right (Art 523) Art. 426. Whenever by provision of law, or an individual may be exercised in one’s own name or in that of declaration, the expression “immovable things or another property” or “movable things or property” is used, it shall be deemed to include, respectively, the things Art. 523. Possession is the holding of a thing or the enumerated in Chapter 1 and Chapter 2. enjoyment of a right. Whenever the word “muebles” or “furniture,” is used (1) Right to use not necessarily included alone, it shall not be deemed to include money, credits, May be in the concept of an owner or a mere holder commercial securities, stocks and bonds, jewelry, with the ownership pertaining to another scientific or aristic collections, books, medals, arms, Right to possess does not always include the right clothing, horses or carriages and their accessories, grains, to use 8  PROPERTY NOTES Atty. James Laman SY 2024-2025 (2) Judgment of ownership may not include possession only the absolute owner can pledge or mortgage Person may be declared owner but he may not be one’s property entitled to possession which may be in the hands of another such as a tenant Right to recover possession and/or ownership or jus But! This doctrine may be invoked only where the vindicandi actual possessor has some rights which must be true owner must resort to judicial process for the respected recovery of the property (3) Where claim to possession based on claim of ownership he cannot take the law into his own hands Where the ownership of a property was decided in a judgment, the delivery of possession should be considered included in the decision where the Actions available to recover possession and/or defeated party’s claim to the possession is based on ownership his claim of ownership (4) Duty of vendor to deliver possession of thing sold (1) Recovery of personal property: Remedy of Replevin Contract of sale, vendor bound not only to transfer or manual delivery of personal property ownership, but also deliver Considered delivered only when vendee has control Requisites (Rule 60, Rules of Court): and possession Applicant must show by his own affidavit or that of some other person who personally knows the facts: 1. That the applicant is the owner of the Possession Ownership property claimed, particularly describing it, OR is entitled to the possession thereof Is the holding of a thing or Legal Right to property and 2. That the property is wrongfully detained by the enjoyment of a right consists of rights to possess, the adverse party, alleging the cause of (Contract of Lease) use, destroy or sell the detention thereof according to the best of property his knowledge, information and belief Take note: RIGHT OF POSSESSION Applicant has burden of proving his ownership or First Question: Who is possessing the land right of possession over the property in question Both a principal remedy (regain possession) and a Right to use and enjoy or jus utendi provisional remedy (allow the plaintiff to retain the necessarily includes the right to transform and the thing wrongfully detained by another pendente lite) right to exclude any person from the enjoyment and disposal thereof (2) Recovery of real property: he may use such force as may be reasonably Forcible entry and unlawful detainer (accion necessary to repel or prevent an actual or interdictal) threatened unlawful physical invasion or usurpation (Art 429) he may enclose or fence his property (Art 430) Forcible entry limited because he cannot make use of such Requisites property in a manner to injure the rights of a third 1. Instituted by person deprived of person possession 2. Unlawful deprivation of the possession of Right to receive the fruits and accessories or jus any land or building, by force, intimidation, fruendi and accessionis threat, strategy or stealth ownership gives the right by accession to everything 3. Filed within 1 year from date of actual which is produced thereby (see art 440) entry (but for cases of stealth and strategy, from date of knowledge of actual knowledge) Right to consume or jus abutendi 4. At the MTC where property is located right of the owner to consume a thing by its use – the use that extinguishes Unlawful detainer Right to dispose or alienate or jus disponendi Requisites: either totally (sale or donation) or partially (pledge, 1. Instituted by landlord, vendor, vendee or mortgage, etc) other person against who the possession of includes right not to dispose any land or building is unlawfully withheld duty of vendor to transfer ownership 2. Unlawful possession after the expiration or o vendor must be the owner or authorized to termination of the right to hold possession sell thing (by virtue of contract, etc) o sufficient that he be the owner at the time 3. Filed within 1 year from date of last of the delivery of thething sold demand to vacate 4. at the MTC where property is located 9  PROPERTY NOTES Atty. James Laman SY 2024-2025 that there has been a subsequent change in or For unlawful detainer, it is essential that the termination of the relationship between the parties. plaintiff’s supposed acts of tolerance must have The rule in forcible entry cases, but not in those for been present right from the start of the possession unlawful detainer, is that a party who can prove which is later sought to be recovered (Valdez, jr v prior possession can recover such possession even CA) against the owner himself. He has the security that Only issue involved in both is mere physical or entitles him to remain on the property until he is material possession (possession de facto), not lawfully ejected by a person having a better right juridical or civil possession (possession de jure) through an accion publiciana or accion Plaintiff need only to allege and prove prior reinvindicatoria possession de facto and undue deprivation thereof Where the question of how has prior possession It’s a quieting process hinges on the question of who the real owner of the Summary in nature (to solve the problem quickly disputed portion is, the inferior court may resolve and to protect the rights of the possessor) the issue of ownership and make a declaration as to Difference between the two is the time when the owner. But, it is merely provisional, and does possession became unlawful – forcible entry: time not bar nor prejudice an action between the same of entry; unlawful detainer: possession at first was parties involving the title to the land. (Asis v Asis legal, then became illegal Vda de Guevarra, 2008) If complaint fails to aver facts constitutive of forcible entry or unlawful detainer as when it does not state how entry was effected or how and when the Plenary action to recover possession (accion dispossession started, the remedy should either be publiciana) accion publiciana or an accion reinvindicatoria (Valdez, jr v CA) Requisites: o Must be apparent in the face of the 1. Must be within a period of ten years otherwise the complaint (Sarmiento v CA) real right of possession is lost 2. One who claims to have a better right must prove Jurisdictional facts - what does a plaintiff have to not only his right but also the identity of the allege? property claimed 3. Filed in the RTC where the property is located For unlawful detainer 1. Plaintiff's right over property (describing the Issue involved is possession de jure of realty property) independently of title (as compared to interdictal, 2. Prior lawful possession possession de facto) a. If by tolerance, acts of tolerance must have Judgment rendered here is conclusive only on the been present right from the start of the question of possession, not that of ownership possession b. If by lease, contractual agreement must be Jurisdictional facts? shown 1. Right of plaintiff over property 2. Period to bring interdictal has expired 3. Became unlawful (by termination of lease contract or non- payment of rents) Action to recover possession based on ownership 4. Extrajudicial demand to vacate (accion reivindicatoria) a. If by non-payment, demand letter to PAY RENTS and VACATE premises (bar Requisites: question) 1. Right of plaintiff over property 5. Within one year from last demand 2. Filed at the RTC where the property is located Can the MTC rule on the issue of ownership in an Seeks recovery of possession based on ownership, ejectment case? Yes! But only provisionally. with claim of title Issue involved is ownership The primal rule is that the principal issue must be which ordinarily includes possession, that of although a person may be declared owner but he possession, and that ownership is merely ancillary, may not be entitled to possession because the in which case the issue of ownership may be possessor has some rights which must be respected resolved but only for the purpose of determining the Action for reconveyance – prescribes in 10 years issue of possession. from the point of the registration of the deed or the It must sufficiently appear from the allegations in date of issuance of the certificate of title (check the complaint that what the plaintiff really and book!); 4 years in cases of fraud counted therefrom primarily seeks is the restoration of possession. on date of issuance of the certificate of title over the Inferior court cannot adjudicate on the nature of property ownership where the relationship of lessor and o Action for reconveyance based on fraud lessee has been sufficiently established in the and where plaintiff is in possession of the ejectment case, unless it is sufficiently established 10  PROPERTY NOTES Atty. James Laman SY 2024-2025 property subject of the acts does not Where the actual possessor of the property who is prescribe. (Leyson v Bontuyan) admittedly the owner, seeks protection from o NB: Should not have passed to a third repeated or further intrusions into his property. person. o Even if it turns out that he isn’t the owner, he may still avail of the equitable remedy All three actions are actions in personam. of injunction to protect his possession. When there is a clear finding of right of ownership Injunction as a remedy for recovery of possession and possession of a land in favor of the party who Injunction is a judicial process whereby a person is claims the subject property in possession of another required to do or is the undisputed owner as where the property is refrain from doing a particular thing. covered by a Torrens title pointing to the party as General rule: Court should not by means of a the owner. (Of course, check the issuance of the preliminary injunction title if it was in bad faith) transfer property in litigation from the possession of When urgency, expediency and necessity require one party to immediate possession as where material and another. irreparable injury will be done which cannot be In order that a preliminary injunction may be compensated by damages. granted at any time after the commencement of the action and before judgment: Writ of possession as a remedy o Requisites: Writ of possession is an order whereby a sheriff is ▪ there must exist a clear and commanded to place a person in possession of a real positive right over the property in or personal property, such as when a property is question which should be extrajudicially foreclosed. judicially protected through the Improper to eject another from possession, unless writ; and sought in connection with a: ▪ the acts against which the i. Land registration proceeding injunction is to be directed are ii. Foreclosure of mortgage, provided, that no violative of such right third person has intervened (PNB v CA – in What if there is someone actually possessing the this case, a third person was occupying the property sought to recover? lot subject to the writ. The SC held that the o Person not ordinarily allowed to avail of an ex-parte petition for issuance of a remedy of preliminary preventive or possessory writ is not the judicial process mandatory injunction but must bring the referred to in Art 433); necessary action for the recovery of iii. Execution sales possession. Injunctive relief will not be granted to take property Limitations on the right of ownership out of the possession or control of one party and Limited by place it in that of another whose title... 1. by the State’s power to tax, police power, and o Has not been clearly established, or eminent domain o Who did not have such possession or 2. those imposed by law such as legal easement control at the inception of the case 3. those imposed by the owner himself, such as Proper function is to maintain the status quo voluntary easement Injunction cannot be a substitute for other suits for 4. those imposed by the grantor of the property on the recovery of possession, hence, its denial will not bar grantee the institution of the more appropriate remedy 5. those arising from conflicts of private rights which Why? Well, a writ of injunction is an equitable relief; take place in accession continua determination of title is a legal remedy – that’s why 6. prohibition against the acquisition of private lands by aliens When can injunction be allowed? In actions for forcible entry, the dispossessed Right to use or enjoy or use utendi plaintiff may file, within ten days from filing of Art 429. The owner or lawful possessor of a thing has the the complaint, a motion for a writ of preliminary right to exclude any person from the enjoyment and mandatory injunction to restore him in possession. disposal thereof. For this purpose, he may use such force o The court MAY grant In order to prevent as ay be reasonably necessary to repel or prevent an the defendant from committing further actual or threatened unlawful physical invasion or acts of dispossession during the pendency usurpation of his property. of the case Doctrine of Self- Help o Issue of ownership may not be put in issue The doctrine of self-help can only be exercised at the time Ejectment cases where the appeal is taken, the of actual or threatened dispossession which is absent in the lessor is given the same case at bar. remedy granted above. 11  PROPERTY NOTES Atty. James Laman SY 2024-2025 When possession has already been lost, the owner must State of necessity resort to judicial process for the recovery of property. General rule: a person cannot interfere with the right of (German Management Services vs. CA) ownership of another Exception: State of necessity, but of course, civil indemnification can be asked for A stipulation in a lease contract that authorizes the lessor to take possession of the leased premises is valid and binding, Requisites: even when there is no judicial action. (CJH Development 1. interference is necessary to avert an imminent Corporation v. Aniceto) danger and the threatened damage to actor or a third person (but the damage must be proportionate Q: Can the lessor change the padlock? Yes. Resolutory and reasonable) Condition - Extinguishment of Contract 2. imminent danger or threatening damage must be much greater than the damage arising to the owner Principle of self-help of the property Requisites: 1. Person defending must be the owner or lawful Art 433. Actual possession under claim of ownership possessor raises a disputable presumption of ownership. The true 2. Use of reasonable force owner must resort to judicial process for the recovery of 3. Only be exercised at the time of an actual or the property. threatened dispossession (no delay) 4. Actual or threatened physical invasion or Applies to both immovable and movable property Requisites usurpation which is unlawful to raise the disputable presumption of ownership: 1. Actual (physical or material) possession of the property Art 430. Every owner may enclose or fence his land or 2. Possession must be under claim of ownership tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to Judicial process contemplated servitudes constituted thereon. Means ejectment suit or reinvidicatory action Ex-parte petition for issuance of a possessory writ BAR Q: is not a judicial process, as it is non-litigious (PNB v A person has a right to the natural use and enjoyment of his CA) own property, according to his pleasure, for all the purposes to which such property is usually applied. As a general rule, therefore, there is no cause of action for acts done by one Art 434. In an action to recover, the property must be person upon his own property in a lawful and proper manner, identified, and the plaintiff must rely on the strength of his although such acts incidentally cause damage or an title and not on the weakness of the defendant’s claim. unavoidable loss to another, as such damage or loss is damnum absque injuria. (Sps. Custudio v. CA) Requisites: 1. Person who claims that he has a better right to the Necessarily includes the right to transform and the property must satisfactorily prove both ownership right to exclude any person from the enjoyment and identity and disposal thereof 2. Burden of proof lies on the party who substantially He may enclose or fence his property asserts the affirmative of an issue Limited because he cannot make use of such 3. Reliance on strength of evidence and not upon the property in a manner to injure the rights of a third weakness of the opposing party person. Party who desires to recover must fix the identity of Right to enclose or fence the land claimed by describing the location, area Limited by existing servitudes imposed on the land and boundaries thereof or tenement o If a party fails to identify sufficiently and satisfactorily the land which he claims as Art 431. The owner of a thing cannot make use thereof in his own, his action must necessarily fail such manner as to injure the rights of a third person. o While the identity of the property must be established, it is not necessary for the plaintiff to establish the precise location Art 432. The owner of a thing has no right to prohibit the and extent of the lands claimed or occupied interference of another with the same, if the interference by the defendant is necessary to avert an imminent danger and the General rule: where there is a conflict between the threatened damage, compared to the damage arising to area and boundaries of a land, the latter prevails. the owner from the from the interference, is much greater. o An area delimited by boundaries properly The owner may demand from the person benefited identifies a parcel of land indemnity for the damage to him. Exception: where the boundaries relied upon do not identify the land beyond doubt 12  PROPERTY NOTES Atty. James Laman SY 2024-2025 ▪ In such cases where there Should the requirements be not first complied with, restore appears to be an overlapping of the property to his possession. boundaries, the actual size of the But can be lost by estoppel or acquiescence property gains importance. Napocor vs Ibrahim et al, GR No, 168732, June 29, Equiponderance of evidence? Rule for Defendant 2007. If the government takes property without expropriation and Evidence to prove ownership devotes the property to public use, after many years, the 1. A Torrens title property owner may demand payment of just compensation 2. Title from the Spanish government in the event restoration of possession is neither convenient 3. Patent duly registered in the Registry of Property or feasible 4. Deed of sale 5. Operating a business for nine years in defendant’s This is is in accordance with the principle that persons shall own name, without protest of plaintiff not be deprived of their property except by competent 6. Occupation of a building for a long time without authority and for public use and always upon payment of just payment of rent compensation. 7. Letter in which defendant recognized the ownership of the property by the plaintiff (estoppel) Just compensation has been understood to be the just and 8. Open, continuous, exclusive, adverse and notorious complete equivalent of the loss and is ordinarily determined actual possession and occupation of parcels of land by referring to the value of the land and its character at the time it was taken by the expropriating authority. Indicia of claim of ownership 1. Tax declarations and tax receipts – only prima There is a "taking" in this sense: facie evidence of ownership or possession; but they when the owners are actually deprived or dispossessed of are good indicia of possession in the concept of their property, where there is a practical destruction or a owner material impairment of the value of their property, or when Conclusiveness of certificates of title they are deprived of the ordinary use thereof. Indicates true and legal ownership of a private land and should be accorded great weight as against tax There is a "taking" in this context when the expropriator declarations enters private property not only for a momentary period but o but is not conclusive if the land had already for more permanent duration, for the purpose of devoting the been previously registered property to a public use in such a manner as to oust the owner and deprive him of all beneficial enjoyment thereof. Art 435. No person shall be deprived of the property except by competent authority and for public use and Moreover, "taking" of the property for purposes of eminent always upon payment of just compensation. domain entails that the entry into the property must be under warrant or color of legal authority. Should this requirement be not first complied with, the courts shall protect, and in a proper case, restore the Normally, the time of the taking coincides with the filing of owner in his possession. the complaint for expropriation. Hence, many ruling of this Court have equated just compensation with the value of the Eminent Domain property as of the time of filing of the complaint consistent Eminent domain, also known as expropriation, is a power with the above provision of the Rules. So too, where the vested in the State to take private property for public use institution of the action precedes entry to the property, the upon payment of just compensation. In the Philippines, this just compensation is to be ascertained as of the time of filing is a constitutional principle governed by the 1987 of the complaint. Constitution, Republic Act No. 10752 (The Right-of-Way Act), as well as jurisprudence. The general rule, however, admits of an exception: where this Court fixed the value of the property as of the date it Article III, Section 9 of the Constitution states that private was taken and not the date of the commencement of the property shall not be taken for public use without just expropriation proceedings. compensation. Towards this end, the State shall ensure that owners of real property acquired for national government When is just compensation computed? infrastructure projects are promptly paid just compensation. Power of eminent domain Requisites: CONDEMNATION OR SEIZURE OF PROPERTY IN THE 1. Taking must be done by competent authority EXERCISE OF POLICE POWER 2. Must be for public use 3. Owner paid just compensation Art 436. When any property is condemned or seized by 4. Requirement of due process of law must be competent authority in the interest of health, safety or observed security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified. 13  PROPERTY NOTES Atty. James Laman SY 2024-2025 Relates to use and enjoyment not ownership of SECTION I – RIGHT OF ACCESSION WITH RESPECT TO property WHAT IS PRODUCED BY PROPERTY No taking of property involved Persons affected not entitled to financial Art 440. The ownership of property gives the right by compensation accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. Art 437. The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct Accession is the right of the owner of a thing, real or personal thereon any works or make any plantations and to become the owner of everything which is excavations which he may deem proper, without 1. Produced thereby detriment to servitudes and subject to special laws and 2. Incorporated ordinances. He cannot complain of the reasonable 3. Attached thereto requirements of aerial navigation. Either Naturally or artificially Surface rights of a landowner Accession Accessory Right of the owner of a parcel of land to construct any works or make any plantations and excavations on his land is Fruits of, additions to Things joined to, included subject to: (SLERRt) improvements upon a with the principal for the 1. Special laws thing latter’s embellishment, 2. Local ordinances better use or completion 3. Existing servitudes or easements 4. Reasonable requirements of aerial navigation Includes building Necessary to principal thing 5. Rights of third persons planting and sowing Limitations imposed by special laws Alluvion, avulsion, Example: key of a house, Includes the regalian doctrine change of course of bow of a violin Ownership of said land does not give him the right rivers formation of lands to extract or utilize the said minerals without the permission of the State to which said minerals Not necessary to the belong principal thing o For the loss sustained by such owner, he is entitled to just compensation under mining laws or expropriation proceedings Accession is not a mode of acquiring ownership Merely consequences of ownership Exercise of the right of ownership Art 438. Hidden treasure belongs to the owner of the Since the law itself gives the right, accession may land, building, or other property on which it is found. be considered as a mode of acquiring property under the law. Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and Kinds of accession by chance, one-half thereof shall be allowed to the finder. 1. Accession discreta If the finder is a trespasser, he shall not be entitled to any o Extension of the right of ownership of a share of the treasure. person to the products of a thing which