Property

Front 1

Art. 415. The following are immovable property:
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Back 1

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;

Front 2

Art. 415. The following are immovable property:
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Back 2

(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;

Front 3

Art. 415. The following are immovable property:
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Back 3

(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;

Front 4

Art. 415. The following are immovable property:
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Back 4

(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements;

Front 5

Art. 415. The following are immovable property:
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Back 5

(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works;

Front 6

Art. 415. The following are immovable property:
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Back 6

) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included;

Front 7

Art. 415. The following are immovable property:
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Back 7

(7) Fertilizer actually used on a piece of land;

Front 8

Art. 415. The following are immovable property:
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Back 8

(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;

Front 9

Art. 415. The following are immovable property:
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Back 9

(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast;

Front 10

Art. 415. The following are immovable property:
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Back 10

(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)

Front 11

Art. 416. The following things are deemed to be personal property:

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Back 11

(1) Those movables susceptible of appropriation which are not included in the preceding article;

Front 12

Art. 416. The following things are deemed to be personal property:

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Back 12

(2) Real property which by any special provision of law is considered as personal property;

Front 13

Art. 416. The following things are deemed to be personal property:

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Back 13

(3) Forces of nature which are brought under control by science; and

Front 14

Art. 416. The following things are deemed to be personal property:

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Back 14

(4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (335a)

Front 15

Art. 417. The following are also considered as personal property:

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Back 15

(1) Obligations and actions which have for their object movables or demandable sums; and

Front 16

Art. 417. The following are also considered as personal property:

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Back 16

(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. (336a)

Front 17

Rights included in ownership 1

Back 17

Jus possidendi or the right to possess

Front 18

Rights included in ownership 2

Back 18

Jus utendi or the right to use and enjoy

Front 19

Rights included in ownership 3

Back 19

Jus fruendi or the right to the fruits

Front 20

Rights included in ownership 4

Back 20

Jus accessionis or right to accessories

Front 21

Rights included in ownership 5

Back 21

Jus abutendi or the right to consume the thing by its use

Front 22

Rights included in ownership 6

Back 22

Jus disponendi or the right to dispose or alienate

Front 23

Rights included in ownership 7

Back 23

Jus vindicandi or the right to vindicate or recover

Front 24

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

A. All of them acted in Good Faith

Land Owner Option 1:

Back 24

Option 1: to acquire whatever has been built, planted or sown provided there is payment of indemnity (which include the value of what has been built planted or sown plus value of materials used)

Front 25

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

A. All of them acted in Good Faith

Builder/planter/sower Option 1:

Back 25

To receive indemnity from LO with right of retention over land until full payment

Front 26

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

A. All of them acted in Good Faith

Owner of the Materials Option 1:

Back 26

To receive indemnity from the BPS who is primarily liable for materials; if BPS is insolvent, to proceed against LO who is subsidiarily liable with no right of retention.

Front 27

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

A. All of them acted in Good Faith

Land Owner Option 2:

Back 27

To oblige BP to buy land or S to pay proper rent unless value of land is considerably more than that of building or trees.

Front 28

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

A. All of them acted in Good Faith

Builder/planter/sower Option 2:

Back 28

To buy land or to pay proper rent.

Front 29

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

A. All of them acted in Good Faith

Owner of Materials
Option 2:

Back 29

To receive indemnity from BPS only (LO is not subsidiarily liable) with right of retention until full payment or
To remove materials if there will be no injury on building or trees and will have material rent lien against BPS for payment of value of materials.

Front 30

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

B. Land Owner and Builder/planter/sower acted in Good Faith. Owner of Materials acted in Bad Faith.

Land Owner and Builder/planter/Sower

Back 30

Same as A

Front 31

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

B. Land Owner and Builder/planter/sower acted in Good Faith. Owner of Materials acted in Bad Faith.

Owner of Materials

Back 31

Whatever is the choice of LO, the OM:
1. Loses the materials in favor of BPS and
2. Will have no right of indemnity from BPS nor LO.

Front 32

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Land Owner
Option 1:

Back 32

To acquire whatever has been built, planted or sown without paying indemnity except for necessary expenses for preservation of land and luxurious expenses (should LO want to acquire luxurious improvements) plus damages

Front 33

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Builder/planter/sower
Option 1:

Back 33

BPS loses what has been built, planted or sown plus liable for damages but is entitled to be indemnified for necessary expenses and luxurious expenses (should LO want to acquire luxurious improvements) and has no right of removal even if removal will not cause damage

Front 34

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Owner of Materials
Option 1:

Back 34

(Since both BPS and OM are in bad faith, treat them both as if they are in good faith)
Whatever is the choice of LO, OM has right to receive indemnity for value of materials from BPS only (LO has no subsidiary liability for value of materials because OM is considered in good faith only insofar as BPS is concerned)

OM has no right to remove materials even if there will be no injury or damage.

Front 35

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Land Owner
Option 2:

Back 35

Option 2: To oblige BP to buy the land or S to pay proper rent plus damages.

Front 36

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Builder/planter/sower
Option 2:

Back 36

To buy the land or pay proper rent and liable to pay damages to LO.

Front 37

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Owner of Materials
Option 2:

Back 37

(Since both BPS and OM are in bad faith, treat them both as if they are in good faith)
Whatever is the choice of LO, OM has right to receive indemnity for value of materials from BPS only (LO has no subsidiary liability for value of materials because OM is considered in good faith only insofar as BPS is concerned)

OM has right of removal provided there will be no injury or damage.

Front 38

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Land Owner
Option 3:

Back 38

To oblige BPS to demolish or remove what has been built, planted or sowed plus damages.

Front 39

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Builder/planter/sower
Option 3:

Back 39

To demolish or remove what has been built, planted or sowed and liable for damages.

Front 40

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

C. Land Owner acted in Good Faith. Builder/planter/sower and Owner of Materials acted in Bad Faith.

Owner of Materials
Option 3:

Back 40

Liable to pay for damages due to defects or inferior quality of materials.

Front 41

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

D. Land Owner acted in Bad Faith. Builder/planter/sower and Owner of Materials acted in Good Faith.

Land Owner

Back 41

To acquire what has been built, planted or sown by paying indemnity plus liable to pay damages

Front 42

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

D. Land Owner acted in Bad Faith. Builder/planter/sower and Owner of Materials acted in Good Faith.

Builder/planter/sower

Back 42

To receive indemnity from LO plus damages

Front 43

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

D. Land Owner acted in Bad Faith. Builder/planter/sower and Owner of Materials acted in Good Faith.

Owner of Materials

Back 43

To receive indemnity for value of materials principally from BPS and in case BPS in insolvent, subsidiarily from LO.

Front 44

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

D. Land Owner and Owner of Materials acted in Bad Faith. Builder/planter/sower acted in Good Faith.

Owner of Materials

Back 44

[Same as D]

To acquire what has been built, planted or sown by paying indemnity plus liable to pay damages

Front 45

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

D. Land Owner and Owner of Materials acted in Bad Faith. Builder/planter/sower acted in Good Faith.

Builder/planter/sower

Back 45

[Same as D]

To receive indemnity from LO plus damages

Front 46

Rules when Land Owner, Builder/planter/sower and OM are 3 different persons.

D. Land Owner and Owner of Materials acted in Bad Faith. Builder/planter/sower acted in Good Faith.

Owner of Materials

Back 46

No right to receive indemnity for value of materials from BPS or LO (who ends up owning buildings or trees)

Front 47

Art. 429.
Doctrine of Self-Help

Back 47

The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (n)

Front 48

Art 438.
Hidden Treasure
Part I

Back 48

Hidden treasure belongs to the owner of the land, building, or other property on which it is found.

Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure.

If the things found be of interest to science of the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. (351a)

Front 49

Art 439.
Hidden Treasure Part II

Back 49

By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. (352)

Front 50

Art. 484. Co-ownership

Back 50

There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.

Front 51

Art. 523. Possession

Back 51

Possession is the holding of a thing or the enjoyment of a right.

Front 52

Art. 526. Possessor in good faith

Back 52

He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.

Front 53

Essential Requisite of Alluvium

Back 53

a) deposit should be gradual and imperceptible

b) cause is the current of the river (not due to works expressly designed for the purpose)
c) land where accretion takes places is adjacent to the bank of the river

Front 54

Requisites of Avulsion

Back 54

a) sudden or abrupt process may be seen
b) identifiable or verifiable
c) belongs to owner from whose property it was detached.

Front 55

Rules when a LO-BPS makes construction or plantings with materials of another (OM)

Both acted in good faith

LO-BPS

Back 55

LO-BPS can acquire the materials provided there is full payment

Front 56

Rules when a LO-BPS makes construction or plantings with materials of another (OM)

Both acted in good faith

OM

Back 56

OM is entitled to full payment for value of materials or OM may remove materials provided there is no substantial injury to work done

Front 57

Rules when a LO-BPS makes construction or plantings with materials of another (OM)

LO-BPS acted in Bad Faith
OM acted in Good Faith

LO-BPS

Back 57

LO-BPS can acquire the materials provided there is full payment plus damages

Front 58

Rules when a LO-BPS makes construction or plantings with materials of another (OM)

LO-BPS acted in Bad Faith
OM acted in Good Faith

OM

Back 58

OM is entitled to full payment for value of materials plus damages or OM may remove materials even if there will be substantial injury to work done plus damages

Front 59

Rules when a LO-BPS makes construction or plantings with materials of another (OM)

LO-BPS acted in Good Faith
OM acted in Bad Faith

LO-BPS

Back 59

LO-BPS can acquire the materials without paying for the value thereof and will be entitled to damages due to defects or inferior quality of materials

Front 60

Rules when a LO-BPS makes construction or plantings with materials of another (OM)

LO-BPS acted in Good Faith
OM acted in Bad Faith

OM

Back 60

OM loses materials without indemnity and will be liable for damages due to defects or inferior quality of materials

Front 61

Rules when a LO-BPS makes construction or plantings with materials of another (OM)

Both of them acted in Bad Faith

Back 61

Same as if both of them acted in Good Faith

Front 62

Rules when BPS builds, plants or sows on the land of another (LO)

Both of them acted in Good Faith

LO - Option 1

Back 62

To purchase whatever has been built, plant or sown after paying indemnity which includes necessary expenses, useful expenses and luxurious expenses (if the LO wants to appropriate the luxurious expenses)

Front 63

Rules when BPS builds, plants or sows on the land of another (LO)

Both of them acted in Good Faith

BPS - Option 1

Back 63

To receive indemnity for necessary, useful and luxurious expenses (if the LO wants to appropriate the luxurious improvements) with right of retention over the land without the obligation to pay rent until full payment of indemnity
To remove useful improvements provided it does not cause any injury (part of right of retention)
If LO does not appropriate luxurious improvements, BPS can remove the same provided there is no injury to the principal thing (the land or building)

Front 64

Rules when BPS builds, plants or sows on the land of another (LO)

Both of them acted in Good Faith

LO - Option 2

Back 64

To oblige the BP to buy the land or the S to pay proper rent unless the value of the land is considerably more than that of the building or trees

Front 65

Rules when BPS builds, plants or sows on the land of another (LO)

Both of them acted in Good Faith

BPS - Option 2

Back 65

To purchase land at fair market value when value is not considerably more than that of the building or trees

If BPS cannot pay purchase price of the land, LO can require BPS to remove whatever has been built, planted or sown.

If the value of land is considerably more than that of the building or trees, BPS cannot be compelled to buy the land. In such case, BPS will pay reasonable rent if LO does not choose Option 1.
If BPS cannot pay the rent, LO can eject BPS from the land.

Front 66

Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Good Faith
BPS acted in Bad Faith

LO - Option 1

Back 66

To acquire whatever has been built, planted or sown without paying indemnity except necessary expenses for preservation of land and luxurious expenses (should LO want to acquire luxurious improvements) plus damages

Front 67

Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Good Faith
BPS acted in Bad Faith

BPS - Option 1

Back 67

Loses whatever has been built, planted or sown without indemnity and liable to pay damages

Entitled to reimbursement for necessary expenses for preservation of land but no right of retention.

Entitled to reimbursement for useful expenses but cannot remove useful improvements even if removal will not cause injury.

Not entitled to reimbursement for luxurious expenses except when LO wants to acquire luxurious improvements (value of which will be the one at the time LO enters into possession)

Entitled to remove luxurious improvements if it will not cause injury and LO does not want to acquire them.

Front 68

Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Good Faith
BPS acted in Bad Faith

LO - Option 2

Back 68

To oblige BP to buy land or S to pay proper rent plus damages.

Front 69

Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Good Faith
BPS acted in Bad Faith

BPS - Option 2

Back 69

Obliged to pay for land or proper rent and pay damages.

Front 70

Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Good Faith
BPS acted in Bad Faith

LO - Option 3

Back 70

To compel BPS to remove or demolish work done plus damages.

Front 71

Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Good Faith
BPS acted in Bad Faith

LO - Option 2Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Good Faith
BPS acted in Bad Faith

BPS - Option 3

Back 71

Obliged to remove or demolish work done at his expense and pay damages.

Front 72

Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Bad Faith
BPS acted in Good Faith

LO

Back 72

To acquire whatever has been built, planted or sown by paying indemnity plus damages

Front 73

Rules when BPS builds, plants or sows on the land of another (LO)

LO acted in Bad Faith
BPS acted in Good Faith

BPS

Back 73

If LO acquires whatever has been built, planted or sown, BPS must be indemnified the value thereof plus damages.
(If LO does not acquire whatever has been built, planted or sown, BPS cannot insist on purchasing land.)
BPS can remove whatever has been built, planted or sown regardless of whether or not it will cause injury and will be entitled to damages.

Front 74

Rules when BPS builds, plants or sows on the land of another (LO)

Both acted in Bad Faith

Back 74

Same as when both acted in Good Faith

Front 75

Action to recover personal property

Back 75

Replevin

Front 76

Action to recover real property (1)

Back 76

Accion interdictal (ejectment cases)

Forcible Entry

a) One (1) year from dispossession; In the case of strategy or stealth- from the time of discovery

Unlawful Detainer

One (1) year from time of possession becomes unlawful:

if there is fixed period: from expiration of contract or termination of right to hold possession—ends automatically without need of demand;

for non-payment of non-fulfillment of conditions: from (LATEST) date of demand to vacate

Front 77

Action to recover real property (2)

Back 77

Accion publiciana

Within 10 years, otherwise real right of possession is lost

Front 78

Action to recover real property (3)

Back 78

Accion reivindicatoria

10 years or 30 years [ordinary or extraordinary prescription]; based in implied trust- 10 yrs; based on fraud- 4 yrs. counted from the discovery of fraud;
Imprescriptible if plaintiff is in possession of the property

Front 79

Action to recover real property (4)

Back 79

Action for reconveyance

10 years or 30 years [ordinary or extraordinary prescription]; based in implied trust- 10 yrs; based on fraud- 4 yrs. counted from the discovery of fraud;
Imprescriptible if plaintiff is in possession of the property

Front 80

Action to recover real property (5)

Back 80

Writ of preliminary mandatory injunction

Front 81

Action to recover real property (6)

Back 81

Writ of possession

Action does not prescribe

Front 82

Action to recover real property (7)

Back 82

Writ of demolition

Action does not prescribe

Front 83

Different kinds of adjunction

Back 83

Engraftment
Soldering
Writing
Painting
Weaving

Front 84

Rules on Adjunction

Owner of the principal (OP) and Owner of accessory (OA) acted in Good Faith

OP

Back 84

OP can acquire the accessory after payment of the OA its value unless accessory is greater than principal or demand separation provided that the things can be separated without injury

Front 85

Rules on Adjunction

Owner of the principal (OP) and Owner of accessory (OA) acted in Good Faith

OA

Back 85

OA is entitled to the payment for the value of the accessory or he can demand separation provided that the things can be separated without injury.

If the accessory is more precious than the principal, he can demand separation even though the principal may suffer some injury (but not destruction)

Expenses for separation must be borne by the person who caused the union

Front 86

Rules on Adjunction

Owner of the principal (OP) and in GF Owner of accessory (OA) acted in BF

OP

Back 86

Acquires the accessory and entitled to damages he may have suffered

Front 87

Rules on Adjunction

Owner of the principal (OP) and in GF Owner of accessory (OA) acted in BF

OA

Back 87

Loses the accessory and liable to indemnify the OP for damages he may have suffered

Front 88

Rules on Adjunction

Owner of the principal (OP) and in BF Owner of accessory (OA) acted in GF

OP

Back 88

Liable for payment of value of accessory plus damages or
If OA decides to separate, liable for damages

Front 89

Rules on Adjunction

Owner of the principal (OP) and in GF Owner of accessory (OA) acted in BF

OA

Back 89

a) Entitled to payment of accessory for its value plus damages

b) to separate the accessory even though it be necessary to destroy the principal thing plus damages

Front 90

Rules on Mixture

Both owners acted in GF

Back 90

Each shall acquire a right proportional [value of the thing owned] to the part belonging to him

Front 91

Rules on Mixture

Owner 1 acted in BF
Owner 2 acted in GF

Owner 1

Back 91

Lose the thing belonging to him plus indemnity for damages to TM

Front 92

Rules on Mixture

Owner 1 acted in BF
Owner 2 acted in GF

Owner 2

Back 92

Entitled to acquire the thing plus indemnity for damages from CM

Front 93

Rules on Mixture

Owner 1 acted in GF
Owner 2 acted in BF

Owner 1

Back 93

Entitled to acquire the thing plus indemnity for damages from TM

Front 94

Rules on Mixture

Owner 1 acted in GF
Owner 2 acted in BF

Owner 2

Back 94

Lose the thing belonging to him plus indemnity for damage to CM

Front 95

Rules on Specification

Worker (W) and owner of the materials (OM) both acted in GF

W

Back 95

May appropriate the thing transformed upon indemnifying the OM for its value

Except if material is more precious than transformed thing:

May be entitled for value of work or


Be liable to indemnity to the OM

Front 96

Rules on Specification

Worker (W) and owner of the materials (OM) both acted in GF

OM

Back 96

Entitled to indemnity for the value of material from W or

if material owned is more precious than the transformed thing:

Option 1: may appropriate the work after paying indemnity for value of work

Option 2: demand indemnity for the material

Front 97

Rules on Specification

Worker (W) acted in BF and owner of the materials (OM) acted in GF

W

Back 97

Lose the work without right to be indemnified or be liable to value of materials plus damages

Front 98

Rules on Specification

Worker (W) acted in BF and owner of the materials (OM) acted in GF

OM

Back 98

Appropriate the work without paying anything to the W or demand for indemnification for the value of material plus damages

Except if the work in case the value, for artistic or scientific reasons is considerably more than the material, cannot appropriate

Front 99

Requisites of repudiation of co-ownership:

Back 99

a) Makes clear and unequivocal acts of repudiation

b) Such acts of repudiation is clear and made known to the other co-owners

c) Evidence is clear and conclusive

d)Possession through OCEN possession for the period required by law