Property Reviewer (San Beda)

8/21/2019 Property Reviewer (San Beda)

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San Beda College of Law26

MEMORY AID IN CIVIL LAW

PROPERTY

PROPERTY All things which are, or may be the

object of appropriation

Requisites: (USA)

1. utility2. substantivity or iniviuality!. appropriability

I.

A. IMMOVABLE PROPERTIES1. lan, builings, roas anconstructions of all "ins ahere tothe soil#

2. trees, plants an growing fruits,while they are attache to the lanor form an integral part of animmovable#

!. everything attache to animmovable in a fi$e manner in sucha way that it cannot be separatetherefrom without brea"ing thematerial or eterioration of the

object#%. statues, reliefs, paintings or other

objects for use or ornamentation,place in builings or on lans by theowner of the immovable in such amanner that it reveals the intentionto attach them permanently to thetenements#

&. machinery, receptacles, instrumentsor implements intene by theowner of the tenement for aninustry or wor"s which may becarrie on in a builing or on a piece

of lan, an which ten irectly tomeet the nees of the sai inustryor wor"s#'euisitesa. mae by ownerb. inustry or wor"s carrie on

builing or on lanc. machines, etc must ten irectly

to meet nees of the inustry orwor"s

. machines, etc. must be essentialan principal elements of the

inustry.*. animal houses, pigeon+houses,. beehives, fishpons or breeing

places of similar nature, in casetheir owner has place or preservethem, with the intention to havethem permanently attache to thelan, an forming a permanent partof it# the animals in those places areinclue#

-. fertilier actually use on a piece of lan#

/. mines, uarries an slag umps,while the matter thereof forms partof the be, an waters eitherrunning or stagnant#

10. oc"s an structures which, thoughfloating, are intene by theirnature an object to remain at afi$e place on a river, la"e or coast#an

11. contracts for public wor"s, anservitues an other real rights over

immovable property

Categories (3A)1. 'eal by nature 4 it cannot be

carrie from place to place(pars. 1 5 -, Art. %1&, 6ivil6oe)

2. 'eal by incorporation 4 attacheto an immovable in a fi$emanner to be an integral partthereof (pars. 1+! Art. %1&, 6ivil6oe)

!. 'eal by destination 4 place in a

n immovable for the utility itgives to the activity carriethereon (pars. %+ an / Art.%1&, 6ivil 6oe)

%. 7y analogy it is so classifie bye$press provision of law (par. 10,Art. %1&, 6ivil 6oe)

B.MOVABLE PROPERTIES

1. those movables susceptible of appropriation which are not inclue

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon S%BJECT HEADS: C#ri!"oer Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Aleandro Ca!a-ar)Pro&er"y+, 'a.R#odora*errer)ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Elia# Dumama)Sale! and /ea!e+, Jo#n S"een0uiam-ao)PAT+, C#ri!"oer Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#onyPur(anan)/TD+,'a. Rica!ion Tu(adi )Con1ic"! o2 /a3+


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in the preceing article#2. real property which by any special

provision of law is consiere aspersonalty#

!. forces of nature which are broughtuner control of science#

%. in general, all things which can betransporte from place to placewithout impairment of the realproperty to which they are fi$e#

&. obligations an actions which havefor their object movables oremanable sums# an

*. shares of stoc" of agricultural,commercial an inustrial entities,although they have real estate.

TESTS:a) 7y e$clusion movables are

everything not inclue in Art. %1&.b) 7y escription an object is movable

if it possesses1) Ability to change location2) 8ithout substantial injury to the

immovable to which it isattache.

Important o!trines"prin!ip#es on

immo$a%#e and mo$a%#e properties:

a) A 7uiling is an immovable even if not erecte by the owner of thelan. 9he only criterion is union orincorporation with the soil. (Laderavs. Hodges, 48 O.G. 4374).

b) :arties to a contract may byagreement treat as personalproperties that which by naturewoul be real property# an it is afamiliar phenomenon to see thingsclasses as real property for purposesof ta$ation which on generalprinciple might be consiere

personal property (Standard Oil Co.vs. Jaranillo, 44 Phil 63).

c) ;or purposes of attachment ane$ecution an for purposes of the6hattel


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may be eclare patrimonialproperty. n La'rel vs. Garia(87 SC* 7+7 ), the Supreme6ourt hel that Bwhether or not

the 'oppongi an relateproperties will eventually besol is a policy eterminationwhere both the :resient an6ongress must concurC.

!. 6annot be acuire byprescription

%. ot subject to attachment ore$ecution

&. 6annot be burene witheasements

(OTE: 9hey cannot be registere unerthe lan registration law an be thesubject of a 9orrens title. 9he characterof public property is not affecte bypossession or even a 9orrens 9itle infavor of private persons. (Palana vs.Coon-ealth, 6+ Phil. 44+ ).

B. PATRIMO(IAL PROPERTY O& T*ESTATE :roperty of the State owne by it in

its private or proprietary capacity. the state has the same rights over

this "in of property as a privateiniviual in relation to his ownprivate property

C. PROPERTY O& LOCAL +OVER(ME(T'(ITS ,L+'s-1. :roperty for public use 4 consist of

roas, streets, suares, fountains,public waters, promenaes anpublic wor"s for public service paifor by the =DUs

2. :atrimonial :roperty 4 all otherproperty possesse by =DUs withoutprejuice to provisions of speciallaws

(OTE: n the case of Provine o /a!oanga 0el 1orte vs. Cit2 o /a!oanga, the Supreme 6ourtcategorically state that Bthis court isnot incline to hol that municipalproperty hel an evote to publicservice is in the same category asorinary private property. 9heclassification of municipal property

evote for istinctly governmentalpurposes as public shoul prevail overthe 6ivil 6oe in this particular caseC.Eere, the =aw of


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all the possibilities or utility of thething owne, e$cept those attacheto other real rights e$isting thereon.

!. E0!#usi$e 4 there can only be one

ownership over a thing at a time.9here may be two or more ownersbut =I G ownership.

%. Independen!e 4 t e$ists withoutnecessity of any other right

&. Perpetuit1 4 ownership lasts as longas the thing e$ists. t cannot bee$tinguishe by non user but only byaverse possession.

Limitations:

1. Deneral limitations impose by theState for its benefit

2. Specific limitations impose by law

!. =imitations impose by the partytransmitting the property either bycontract or by will

%. =imitations impose by the ownerhimself

&. nherent limitations arising fromconflict with other rights

e &a!to !ase o2 Eminent omain e$propriation resulting from the

actions of nature as in one casewhere lan becomes part of one sea.9he owner loses his property in favor

of the state without anycompensation.

Prin!ip#e o2 Se#23*e#p right of the owner or lawful

possessor to e$clue any person fromthe enjoyment an isposal of theproperty by the use of such force asmay be necessary to repel or preventactual or threatene unlawfulphysical invasion or usurpation of hisproperty.

Requisites: ('A)1. reasonable force2. owner or lawful possessor is the

person who will e$ercise!. no elay in oneFs e$ercise%. actual or threatene physical

invasion or usurpation

G1*L L5 A person cannotinterfere with the right of ownership of another.

CPO15 o!trine o2 In!omp#etePri$i#ege or State o2 (e!essit1 (Article%!2)

Requisites: (3)

1. Interference necessary2. amage to another much greater

than amage to property

LE+AL REMEIES TO RECOVER POSSESSIO( O& O(E4S PROPERTY1. :ersonal property 'eplevin REPLEVI( + remey when the

complaint prays for the recovery of the possession of personal property.

2. 'eal :ropertya. A66 9G'369A=

(ature: summary action torecover physical or materialpossession only. t consists of the summary actions of5. &or!i%#e entr1 Action for recovery of

material possession of realproperty when a personoriginally in possession waseprive thereof by force,intimiation, strategy, threator stealth

6. 'n#a72u# etainer Action for recovery of

possession of any lan orbuiling by lanlor, venor,venee, or other personagainst whom the possessionof the same was unlawfullywithhel after the e$pirationor termination of the right tohol possession, by virtue of any contract.

;orcible Gntry Unlawful

3etainer *s to -hen 9ossession !eae'nla-'l

:ossession of theefenant isunlawful from thebeginning as heacuirespossession by;orce,intimiation,strategy, threat orstealth

:ossession isinceptively lawfulbut becomes illegalfrom the timeefenantunlawfullywithholspossession afterthe e$piration ortermination of hisright thereto.



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*s to the neessit2 o deand o previouseman for theefenant tovacate is

necessary

3eman isjurisictional if thegroun is non+payment of rentals

or failure tocomply with thelease contract

*s to neessit2 o 9roo o 9rior 9h2sial 9ossession

:laintiff mustprove that he wasin prior physicalpossession of thepremises until hewas eprivethereof by theefenant

:laintiff nee nothave been in priorphysical possession

*s to -hen the 2ear 9eriod is o'nted ro

1 year perio isgenerally countefrom the ate of actual entry onthe lan

1 year perio iscounte from theate of lasteman or lastletter of eman

b. A66 :U7=6AA (ature: rinary civil

proceeing to recover the betterright of possession, e$cept incases of forcible entry an

unlawful etainer. 9he involveis not possession e facto butpossession e jure.

c. A66 'G?36A9'A (ature: action to recover real

property base on ownership.Eere, the object is the recoveryof the ominion over theproperty as owner.

Requisites:

1. entity of the :roperty2. :laintiffFs title to the

property

Sur2a!e Rig/ts 9he owner of parcel of lan is the

owner of its surface an everythinguner it.

9he economic utility which such

space or subsoil offers to the ownerof the surface sets the limit of theownerFs right to the same.

*IE( TREAS'RE

e2inition any hien or un"nown

eposit of money, jewelry or otherprecious objects, the lawfulownership of which oes not appear.

G1*L L5 t belongs to theowner of the lan, builing or otherproperty on which it is foun.CPO1S5 9he finer is entitle toJ provie

1. 3iscovery was mae on theproperty of another, or of thestate or any of its politicalsubivisions#

2. 9he fining was mae by chance#!. 9he finer is not a co+owner of

the property where it is foun#%. 9he finer is not a trespasser#

&. 9he finer is not an agent of thelanowner#

*. 9he finer is not marrie unerthe absolute community or theconjugal partnership system(otherwise his share belongs tothe community).

ACCESSIO( 9he right by virtue of which the

owner of a thing becomes the ownerof everything that it may prouce orwhich may be inseparably unite orincorporate thereto, eithernaturally or artificially.

C#assi2i!ations:

1. *ession 0isreta 4 the rightpertaining to the owner of a thing overeverything prouce thereby

)inds o2 &ruitsa. natural fruits 4 spontaneous

proucts of the soil an theyoung an other proucts of

animalsb. inustrial fruits 4 those prouceby lans of any "in throughcultivation or labor

c. civil fruits 4 rents of builings,price of leases or lans an theamount of perpetual or lifeannuities or other similar income

G1*L L5 9o the owner

belongs the natural, inustrial, ancivil fruits.



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CPO1S5 f the thing is

,P'LA-a) in possession of a possessor in

goo faith#

b) subject to a usufruct#c) #ease or plege# or) in possession of an antichretic

creitor

2. *ession Contin'a 4 the rightpertaining to the owner of a thing overeverything that is incorporate orattache thereto either naturally orartificially# by e$ternal forces.

a. 8ith respect to rea# propert1i. aession ind'strial

builing, planting or sowing

ii. aession nat'ral alluvium, avulsion, change

of river course, anformation of islans

b. 8ith respect to persona#propert1

i. ajunction or conjuction ii. commi$tion or confusion iii specification

Basi! Prin!ip#es: (DG 7A3)1. Ee who is in g oo faith may be hel

responsible but will not bepenalie.

2. 9o the o wner of a thing belongs thee$tension or increase of such thing.

!. 7a faith of one party n eutraliesthe ba faith of the other.

%. 9here shoul be no unjuste nrichment at the e$pense of others.

&. B a faith involves liability foramages.

*. A ccessory follows the principal.. Accession e$ists only if the

incorporation is such that separationwoul either seriously d amage thething or iminish its value.

Rig/t o2 A!!ession 7it/ respe!t toImmo$a%#e Propert1(OTE: See 9A7=GS

Important o!trines"Prin!ip#es:

a) Uner Art %%-, the lanowner maynot refuse both to pay for thebuiling an to sell the lan aninstea see" to compel the owner of

the builing to remove the builingfrom the lan. Ee is entitle to suchremoval =I when, after havingchosen to sell the lan, the other

party fails to pay for sai lan.(gnaio vs. Hilario, 76 Phil. 6%$)

b) Shoul no other arrangement beagree upon, the owner of the lanoes not automatically become theowner of the improvement.(:ili9inas Colleges, n. vs. i!ang,%6 Phil. &47 )

c) Article %%- is not applicable where aperson constructs a house on his ownlan an then sells the lan, not thebuiling. (Coleongo vs. egalado,&7 Phil 387 )

d) Article %%- oes not apply to caseswhich are governe by otherprovisions of law such as co+ownership, usufruct, agency, lease.

e) 9he provision on inemnity in Art.%%- may be applie by analogyconsiering that the primary intentof the law is to avoi a state of force co+ownership especiallywhere the parties in the main agreethat Articles %%- an &%* areapplicable an inemnity for theimprovements may be pai although

they iffer as to the basis of theinemnity. (Peson vs. C* &44 SC*4%7).

ACCESSIO( (AT'RAL1. Alluvion or alluvium 4 increment

which lans abutting rivers grauallyreceive as a result of the current of the waters. Con!ept: it is the graual

eposit of seiment by thenatural action of a current of fresh water (not sea water, theoriginal ientity of the epositbeing lost.

Requisites:

a)the eposit be graual animperceptible

b) that it be mae through theeffects of the current of thewater

c)that the lan where accretionta"es place is ajacent to theban"s of the river.



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(OTES: 9he owners of the lans ajoining

the ban"s of the river (riparianlans) shall own the accretion which

they graually receive. Accretion operates ipso jure.

Eowever, the aitional area is notcovere by a 9orrens title an theriparian owner must register theaitional area.

o!trines:

a) 8here the eposit is by seawater, it belongs to the state

b) A graual change of be is alsogoverne by the rules of alluvium (Canas vs. 'ason $

Phil. 68+ )

2. Avulsion 4 the transfer of a "nownportion of lan from one tenementto another by the force of thecurrent. 9he portion of lan must besuch that it can be ientifie ascoming from a efinite tenement.

Requisites:

a) 9he segregation an transfermust be cause by the current of a river, cree" or torrent.

b) 9he segregation an transfermust be suen or abrupt

c) 9he portion of lan transportemust be "nown or ientifie

(OTES: 9he owner must remove the

transporte portion within two yearsto retain ownership

n case of uproote trees, the owner

retains ownership if he ma"es aclaim within * months. 9his refers

only to uproote trees an oes notinclue trees which remain planteon a "nown portion of lan carrieby the force of the waters. n thislatter case, the trees are regareas accessions of the lan throughgraual changes in the course of ajoining stream. (Pa2atas vs.'a#on)

'egistration uner the 9orrens

system oes not protect the riparianowner against iminution of the area

of his lan through graual changesin the course of ajoining stream(Pa2atas vs. 'a#on).

A##u$ium A$u#sion1. graual animperceptible

1. suen orabrupt process

2. soil cannot beientifie

2. ientifiable anverifiable

!. belongs to theowner of theproperty to whichit is attache

!. belongs to theowner from whoseproperty it wasetache

%. merely anattach+ment

%. etachment fol+lowe byattachment

!. Change of course of rivers

Requisites:a) 9here must be a natural change

in the course of the waters of the river

b) 9he change must be abrupt orsuen

(OTES: nce the river be has been

abanone, the owners of theinvae lan become owners of theabanone be to the e$tentprovie by this article. o positive

act is neee on their part, as it issubject thereto ipso jure from themoment the moe of acuisitionbecomes evient.

t oes not apply to cases where the

river simply ries up because thereare no persons whose lans areoccupie by the waters of the river.

%. Formation of Islands 'U=GS 8G'SE:

a. ored !2 the sea51) within territorial waters +

State2) outsie territorial waters 4

to the first occupant!. ored in la;es, or naviga!le

or loata!le rivers < State. ored on non


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owners, by halves.(OTE: 9here is no accession whenislans are forme by the branching of ariver# the owner retains ownership of the

isolate piece of lan.

Rig/t o2 A!!ession 7it/ respe!t tomo$a%#e propert1 Basi! Prin!ip#e: Accession e$ists

only if separation is not feasible.therwise, separation may beemane.

)I(S ,a!!ession !ontinua as to

mo$a%#es-:1. Adjunction

the union of two things

belonging to ifferent owners, insuch a manner that they cannotbe separate without injury,thereby forming a single object.

Requisites

a) the two things must belong toifferent owners

b) that they form a single object,or that their separation woulimpair their nature

)inds:

a. inclusion or engraftment

b. solaura or soleringc. escritura or writing. pintura or paintinge. tejio or weaving

Tests to determine rincial:

a. the =r'le o i9ortane and 9'r9ose

b. that of greater valuec. that of greater volumed. that o greater erits

Ru#es:

a) Ajunction in goo faith by eitherowner

G1*L L accessory followsthe principal.

CPO1S if the accessory ismuch more precious than theprincipal, the owner of the accessorymay eman the separation even if the principal suffers some injury

b) Ajunction in ba faith by theowner of the principal option of the owner of the

accessoryi) to recover the value plus

amagesii) to eman separation plus

amagesc) Ajunction in ba faith by the

owner of the accessoryi) he loses the accessoryii) he is liable for amages

/en separation o2 t/ings

a##o7ed:a. separation without injuryb. accessory is more precious

than the principalc. owner of the principal acte

in ba faith!. "i#ture

Union of materials where the

components lose their ientity. )inds:

a. 6ommi$tion 4 mi$ture of solis

b. 6onfusion 4 mi$ture of liuis

Ru#es:

a. 7y the will of both owners or byaccient each owner acuiresan interest in proportion to thevalue of his material

b. 7y one owner in goo faith

apply rule(a)c. 7y one owner in ba faithi) he loses all his rights to his

own materialii) he is liable for amages

$. Secification t is the transformation of anotherFs

material by the application of labor.9he material becomes a thing of ifferent "in.

=abor is the principal

Ru#es:a) wner of the principal (wor"er)

in goo faithi) ma"er acuires the new

thingii) he must inemnify the owner

of the materialCPO1 if the material is

more valuable than the resultingthing, the owner of the materialhas the option1) to acuire the wor",



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inemnifying for the labor,or

2) to eman inemnity for thematerial

b) owner of the principal (wor"er)in ba faith the owner of thematerial has the option

i) to acuire the result withoutinemnity

ii) to eman inemnity for thematerial plus amages

c) wner of the material in bafaith

i) he loses the materialii) he is liable for amages

Ad8un!tion Mi0ture Spe!i2i!ation

1. nvolvesat least 2things

nvolves atleast 2things


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owner, or ta"e measures to insurepublic safety.

9he complainant must show that his

property is ajacent to the

angerous construction, or musthave to pass by necessity in theimmeiate vicinity.

9he owner is responsible for

amages to others ue to lac" of necessary repairs. Eowever, if theamage is cause by efects in theconstruction, then the builer isresponsible for the amages.

CO3O(ERS*IP e2inition: the right of common

ominion which two or more persons

have in a spiritual part of a thingwhich is not physically ivie.

Con!ept: co+ownership e$ists where

the ownership of a thing physicallyunivie pertains to more than oneperson.

C/ara!teristi!s:

a)plurality of subjects (the co+

owners)b) there is a single object which isnot materially ivie

c)there is no mutual representationby the co+owners

) it e$ist for the commonenjoyment of the co+owners

e) it has no istinct legalpersonality

f) it is governe first of all by thecontract of the parties#otherwise, by special legalprovisions, an in efault of such

provisions, by the provisions of 9itle on co+ownership

Sour!es:

1. =aw2. 6ontract!. 6hance%. ccupation&. Succession*. 9estamentary isposition or

onation inter vivos

Co3o7ners/ip Partners/ip1. 6an be createwithout theformalities of acontract

1. 6an be createonly by contract,e$press or implie

2. Eas no juriical orlegal personality

2. Eas juriicalpersonality istinctfrom the partners

!. :urpose iscollective enjoymentof the thing

!. :urpose is toobtain profits

%. 6o+owner canispose of his shareswithout the consentof the others withthetransfereeautomaticallybecoming a co+owner

%. A partner, unlessauthorie cannotispose of his sharean substituteanother as a partnerin his place

&. 9here is no mutualrepresentation

&. A partner cangenerally bin thepartnership

*. 3istribution of profits must beproportional to therespective interestsof the co+owners

*. 3istribution of profits is subject tothe stipulation of theparties

. A co+ownership isnot issolve by theeath or incapacityof a co+owner

. 3eath orincapacity issolvesthe partnership

-. no publicinstrument neeeeven if real propertyis the object of theco+ownership

-.


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b) 9o share in the benefits ancharges in proportion to theinterest of each.

(OTE: Any stipulation to the

contrary is voi.c) 9o the benefits of prescription

prescription by one co+ownerbenefits all.

) 'epairs an ta$es to compel theothers to share in the e$pensesof preservation even if incurrewithout prior notice.

(OTE: 9he co+owner beingcompelle may e$empt himself fromthe payment of ta$es an e$pensesby renouncing his share euivalentto such ta$es an e$penses. 9he

value of the property at the time of the renunciation will be the basis of the portion to be renounce.e) Alterations to oppose

alterations mae without theconsent of all, even if beneficial.

(OTES: Alteration is an act by virtue of

which a co+owner changes thething from the state in which theothers believe it shoul remain,or withraws it from the use towhich they esire it to be

intene. G$penses to improve or

embellish are ecie by themajority

f) 9o protest against seriouslyprejuicial ecisions of themajority

g) =egal reemption to bee$ercise within !0 ays fromwritten notice of sale of anunivie share of another co+owner to a stranger

h) 9o efen the co+ownershipFsinterest in court

i) 9o eman partition at any time Partition is the ivision between

2 or more persons of real orpersonal property which theyown in common so that eachmay enjoy an possess his soleestate to the e$clusion of anwithout interference from others

G1*L L5 :artition is

emanable by any of the co+

owners as a matter of right atany time.CPO1S1) 8hen there is a stipulation

against it# but not to e$cee10 years.

2) 8hen the conition of inivision is impose by theonor or testator# but not toe$cee 20 years.

!) 8hen the legal nature of thecommunity preventspartition.

%) 8hen partition woul renerthe thing unserviceable.

&) 8hen partition is prohibiteby law

*) 8hen another co+owner haspossesse the property ase$clusive owner for a periosufficient to acuire it byprescription.

6. T/e 2o##o7ing questions arego$erned %1 t/e ma8orit1 o2 interests:a)


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thir person or a co+owner whorepuiates the co+ownership

!. #oss or estruction of property co+owne

%. sale of property co+owne&. termination of perio agree upon

by the co+owners*. e$propriation. juicial or e$tra+juicial partition

CO(OMI(I'M ACT ,R.A. (O. -CO(OMI(I'M an interest in real property

consisting of a separate interest in aunit in a resiential, inustrial orcommercial builing an anunivie interest in common,

irectly or inirectly, in the lan onwhich it is locate an in othercommon areas of the builing.

Any transfer or conveyance of a unit

or an apartment, office or store orother space therein, shall incluetransfer or conveyance of theunivie interest in the commonareas or, in a proper case, themembership or shareholings in theconominium corporation provie,however, that where the commonareas in the conominium project

are hel by the owners of separateunits as co+owners thereof, noconominium unit therein shall beconveye or transferre to personsother than ;ilipino citiens orcorporations at least *0L of thecapital stoc" of which belong to;ilipino citiens, e$cept in cases of hereitary succession.

G1*L L5 6ommon areas shall

remain univie, an there shall be no

juicial partition thereofCPO1S5

1. 8hen the project has not beenrebuilt or repaire substantially toits state prior to its amage orestruction ! years after amage orestruction which renere amaterial part thereof unfit for use#

2. 8hen amage or estruction hasrenere J or more of the unitsuntenantable an that theconominium owners holing more

than !0L interest in the commonareas are oppose to restoration of the projects#

!. 8hen the project has been in

e$istence for more than &0 years,that it is obsolete an uneconomic,an the conominium owners holingin aggregate more than &0L interestin the common areas are oppose torestoration, remoeling ormoerniing#

%. 8hen the project or a material partthereof has been conemne ore$propriate an the project is nolonger viable, or that theconominium owners holing inaggregate more than 0L interest in

the common areas are oppose tothe continuation of the conominiumregime#

&. 8hen conitions for partition by saleset forth in the eclaration of restrictions uly registere havebeen met.

ATERS C#assi2i!ation

a) 8aters public per se (water is theprincipal# the be follows thecharacter of the water (See Arts.

&02 M1N an &02 M2N)b) 8aters public or private accoring

to their be (water is accessory tobe)

c) 8aters public by special provision

POSSESSIO( Con!ept: the material holing or

control of a thing or the enjoymentof a right.

Requisites:

1. occupancy, apprehension, or ta"ing2. eliberate intention to possess!. by virtue of ones own right

egrees:

1. possession without any titlewhatsoever

2. possession with juriical title!. possession with just title sufficient

to transfer ownership%. possession with a title in fee simple

C#asses:



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a) n oneFs own name 4 where possessorclaims the thing for himself

b) n the name of another 4 for whomthe thing is hel by the possessor

c) n the concept of owner 4 possessorof the thing or right , by his actions,is consiere or is believe by otherpeople as the owner, regarless of the goo or ba faith of thepossessor

) n the concept of holer 4 possessorhols it merely to "eep or enjoy it,the ownership pertaining to anotherperson# possessor ac"nowleges inanother a superior right which hebelieves to be ownership.

9G one of these holers assert a

claim of ownership in himself over thething but they may be consiere aspossessors in the concept of owner, oruner claim of ownership, with respectto the right they respectively e$erciseover the thing.e) n goo faith 4 possessor is not aware

that there is in his title or moe of acuisition a efect that invaliatesit Requisites:

1. stensible title or moe of acuisition

2. ?ice or efect in the title!. :ossessor is ignorant of the

vice or efect an must havean honest belief that thething belongs to him

(OTE: Dross an ine$cusable ignoranceof the law may not be the basis of goofaith, but possible, e$cusable ignorancemay be such basis. (>asilag vs o?'e, 6+ PHL &7)f) n ba faith 4 possessor is aware of

the invaliating efect in his owntitle.

(OTES:

nly personal "nowlege of the flaw

in oneFs title or moe of acuisitioncan ma"e him a possessor in bafaith. t is not transmissible even toan heir.

:ossession in goo faith ceases from

the moment efects in his title aremae "nown to the possessor. 9hisinterruption of goo faith may ta"eplace at the ate of summons or that

of the answer if the ate of summons oes not appear. Eowever,there is a contrary view that theate of summons may be insufficient

to convince the possessor that histitle is efective.

Presumptions in 2a$or o2 possessor:

1. of goo faith2. of continuity of initial goo faith!. of enjoyment in the same character

in which possession was acuireuntil the contrary is prove

%. of non+interruption in favor of thepresent possessor

&. of continuous possession by the onewho recovers possession of which he

was wrongfully eprive*. of e$tension of possession of real

property to all movables containetherein

O%8e!t o2 possession:

G1*L L5 All things an rightssusceptible of being appropriate

CPO1S51. 'es communes2. :roperty of public ominion!. 3iscontinuous servitues%. on+apparent servitues

A!quisition o2 possession:

Manner

1.


14/29



Su%8e!t Possessor ingood 2ait/

Possessorin %ad2ait/

a. ;ruits

gathere

a. to possessor a. to owner

b.6ultivationG$penses of gatherefruits

b. notreimburse topossessor

b.reimbursetopossessor

c. ;ruitspeningancharges

c. prorateaccoring totime

c. to owner

.:rouctione$pensesof pening

fruits

. inemnitypro rata topossessor(ownerFs

option)i. in money,orii. byallowing fullcultivationangathering of all fruits

. noinemnity

e.ecessarye$penses

e. reimburseto possessor#retention

e.reimbursetopossessor#no

retentionf.. Usefule$penses

f. reimburseto possessor(ownerFsoption)i. initial cost

ii. plus value mayremove if noreimburse+ment, an noamage iscause to theprincipal bythe removal

f. noreimbursement

g.rnamen+tale$penses

g. reimburse+ment atownerFsoption i. removal if no injury, or ii. costwithoutremoval

g. ownerFsoption i.removal, or ii. valueat time of recovery

h. 9a$esancharges i. on

h. ta$es ancharges i. charge toowner

h. ta$esan charges i. chargeto owner

capital

ii. onfruits

iii.charges

ii. charge topossessor iii. prorate

ii.charge toowner iii. toowner

i. mprove+ments nolongere$isting

i. noreimburse+ment

i. noreimburse+ment

j. =iabilityforaccientalloss oreterioration

j. only if acting withfrauulentintent ornegligence,after summons

j. liable inevery case

".

mprove+ments ueto time ornature

". to owner

or lawfulpossessor

". to

owner orlawfulpossessor

Possession o2 mo$a%#es :ossession of movables in goo faith

is euivalent to title. Requisites:

a) possession is in goo faithb) the owner has voluntarily parte

with the possession of the thingc) possessor is in the concept of

ownerne who has lost or has beenunlawfully eprive of it , mayrecover it from whomsoeverpossesses it, orinarily, withoutreimbursement.

o!trines:

a) owner of the thing must prove (1)ownership of the thing an (2) loss orunlawful eprivation# or ba faith of the possessor

b) 8here the owner acts negligently orvoluntarily parts with the thingowne, he cannot recover it fromthe possessor

c) 9he owner may recover the movablein case of loss or involuntaryeprivation# but must reimburse theprice pai if possessor acuire thething in goo faith an at a publicsale.

%oss of ossession:



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San Beda College of Law#!


1. 7y the will of the possessora) Abanonmentb) 9ransfer or conveyance

2. Against the will of the possessor

a) Gminent omainb) Acuisitive prescriptionc) Ouicial ecree in favor of better

right) :ossession of another for more

than one year(OTE: this refers to possession efacto where the possessor loses theright to a summary action# but hemay still bring action publiciana orreivinicatoriae) 7y reason of the object

i. estruction or total loss of

the things ii. withrawal from commerce

'S'&R'CT gives a right to enjoy the property of

another with the obligation of preserving its form an substance,unless the title constituting it or thelaw otherwise provies.

C/ara!teristi!s:

a. 'eal rightb. f temporary urationc. 9o erive all avantages from

the thing ue to normale$ploitation

. may be constitute on real orpersonal property, consumableor non+consumable, tangible orintangible, the ownership of which is veste in another

e. transmissible

G1*L L5 Usufructuary is boun

to preserve the form an substance of

the thing in usufruct.

CPO15 Abnormal usufructwhereby the law or the will of the

parties may allow the moification of

the substance of the thing.

'su2ru!t Lease1. Always a real

right

1.Denerally a

personal right

2. :erson creating

the usufruct shoul

be the owner or his

2. =essor may not

be the owner

uly authorie

agent

!.


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San Beda College of Law#"


. 9o lease the thing, generally, for

the same or shorter perio as

the usufruct.

e. 9o improve the thing without

altering its form an substance

f. 'ight to set+off the

improvements he may have

mae on the property against

any amage to the same

g. 9o retain the thing until he is

reimburse for avances for

e$traorinary e$penses an

ta$es on the capital

h. 9o collect reimbursements from

the owner for inispensablee$traorinary repairs, ta$es on

the capital he avance, an

amages cause to him.

i. 9o remove improvements maeby him if the same will notinjure the property

!. As to the usufruct itself a. 9o mortgage the right of usufruct

e$cept parental usufructb. 9o alienate the usufruct

O%#igations o2 t/e usu2ru!tuar1:1. 'efore e#ercising the usufruct:a. 9o ma"e an in$entor1 of the

propertyb. 9o give a %ond, CP

1) when no prejuice woulresult

2) when the usufruct isreserve by the onor orparents

!) in cases of !au!ion 8uratoriawhere the usufructuary,being unable to file the

reuire bon or security,files a verifie petition inthe proper court as"ing forthe elivery of the house anfurniture necessary forhimself an his familywithout any bon or security. ta"es an oath to ta"e

care of the things anrestore them

property cannot be

alienate or encumbere

or lease because thiswoul mean that theusufructuary oes notnee it.

(OTE: E22e!ts o2 2ai#ure to post%ond:1. owner shall have the following

optionsa. receivership of realty, sale of

movables, eposit of securities, or investment of money# '

b. retention of the property asaministrator

2. the net prouct shall beelivere to the usufructuary

!. usufructuary cannot collectcreits ue or ma"e investmentsof the capital without theconsent of the owner or of thecourt until the bon is given.

!. (uring the usufruct:a. 9o ta"e care of the propertyb. 9o replace with the young

thereof animals that ie or arelost in certain cases when theusufruct is constitute on floc"or her of livestoc"

c. 9o ma"e orinary repairs. 9o notify the owner of urgent

e$tra+orinary repairse. 9o permit wor"s an

improvements by the na"eowner not prejuicial to theusufruct

f. 9o pay annual ta$es an chargeson the fruits

g. 9o pay interest on ta$es oncapital pai by the na"e owner

h. 9o pay ebts when the usufructis constitute on the wholepatrimony

i. 9o secure the na"e ownerFs orcourtFs approval to collectcreits in certain cases

j. 9o notify the owner of anyprejuicial act committe bythir persons

". 9o pay for court e$penses ancosts regaring usufruct.

$. At the termination of the usufruct:a. 9o return the thing in usufruct to



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San Beda College of Law#2


the owner unless there is a rightof retention

b. 9o pay legal interest on theamount spent by the owner for

e$traorinary repairs or ta$es onthe capital

c. 9o inemnify the owner for anylosses ue to his negligence or of his transferees

E0tinguis/ment o2 'su2ru!t (:923G'


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San Beda College of Law#


!. 9here is a limiteright to the use of real property of another but withoutthe right of

possession

=imite right toboth the possessionan use of anotherFsproperty

Easement 'su2ru!t1. mpose only onreal property


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San Beda College of Law##


property is reeeme/. E0propriation of the servient

estate10. ai$er by the ominant owner

EASEME(T &OR ATERI(+ CATTLE 9his is really a combine easementfor rawing of water an right of way Requisites:

a) must be impose for reasons of public use

b) must be in favor of a town orvillage

c) inemnity must be pai

EASEME(T O& A9'E'CT 9he right arising from a force

easement by virtue of which theowner of an estate who esires toavail himself of water for the use of sai estate may ma"e such waterspass through the intermeiate estatewith the obligation of inemnifyingthe owner of the same an also theowner of the estate to which thewater may filter or flow.

C/ara!ter: apparent an continuous

Requisites:

a) ominant owner must prove thathe has the capacity to ispose of the water

b) that the water is sufficient forthe intene use

c) that the course is mostconvenient, an least onerous tothe !r person

) payment of inemnity

RI+*T O& AY 9he right grante to the owner of an

estate which is surroune by otherestates belonging to other persons

an without an aeuate outlet to apublic highway to eman that he beallowe a passageway throughoutsuch neighboring estates afterpayment of proper inemnityRequisites:

1. 6laimant must be an owner of enclose immovable or one withreal right

2. 9here must be no aeuateoutlet to a public highway

!. 'ight of way must be absolutely

necessary%. solation must not be ue to the

claimantFs own act&. Gasement must be establishe at

the point least prejuicial to theservient estate

*. :ayment of proper inemnity it is the nees of the ominant

property which ultimately eterminethe with of the passage, an thesenees may vary from time to time(narnaion vs. C*, +$ SC* 7&).

Special cause of e$tinction the

opening of a public roa, or joiningthe ominant tenement to anotherwith e$it on a public roa.(OTE: the e$tinction in 9

automatic. 9here must be a emanfor e$tinction couple with tener of inemnity by the servient owner.

PARTY ALL a common wall which separates 2

estates built by common agreementat the iviing line such that itoccupies a portion of both estates oneual parts.

Part1 a## Co3o7ners/ip1. Shares of partiescannot bephysicallysegregate but theycan be physicallyientifie

Shares of the co+owners can beivie anseparatephysically butbefore suchivision, a co+owner cannot pointto any efiniteportion of theproperty asbelonging to him

2. o limitation asto use of the partywall for e$clusive

benefit of a party

one of the co+owners may use thecommunity

property for hise$clusive benefit

!. wner may freehimself fromcontributing to thecost of repairs anconstruction of aparty wall byrenouncing all hisrights thereto

:artial renunciationis allowe

Presumptions o2 e0isten!e ,8uris

tantum-:



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San Beda College of Law#$


1. in ajoining walls of builings,up to common elevation

2. in iviing walls of garens anyars (urban)

!. in iviing fences, walls an liveheges of rural tenements

%. in itches or rains betweentenements

Re%utta# o2 presumption:

1. title2. by contrary proof!. by signs contrary to the

e$istence of the servitue (Arts.**0 5 **1)(OTE: if the signs arecontraictory, they cancel each

other

Rig/ts o2 part o7ners:

1. to ma"e use of the wall inproportion to their respectiveinterests, resting builings on itor inserting beams up to one+half of the wallFs thic"ness

2. to increase the height of thewalla. at his e$penseb. upon payment of proper

inemnity

c. to acuire half interest inany increase of thic"ness orheight, paying aproportionate share in thecost of the wor" an of thelan covere by the increase

O%#igations o2 ea!/ part3o7ners:

1. to contribute proportionately tothe repair an maintenanceunless he renounces his part+ownership

2. if one part owner raises theheight of the wall, he musta. bear the cost of

maintenance of the aitionsb. bear the increase e$penses

of preservationc. bear the cost of construction. give aitional lan, if

necessary, to thic"en thewall

LI+*T A( VIE1. Easement o2 Lig/t ( @'s l'in') +

right to amit light from theneighboring estate by virtue of theopening of a winow or the ma"ingof certain openings.

Requisites:a. opening must not be greater

than !0 centimeters suare,mae on the ceiling or on thewall# an

b. there must be an iron grating2. Easement o2 $ie7 ( @'s 9ros9et's) 4

the right to ma"e openings orwinows, to enjoy the view throughthe estate of another an the powerto prevent all constructions or wor"which woul obstruct such view orma"e the same ifficult. t

necessarily inclues easement of light

Restri!tions on openings in one4s o7n7a## 7/en !ontiguous ,#ess t/an 6m- toanot/er4s tenement:1. it cannot e$cee 1 foot s. (!0 cm

each sie)2. openings must be at the height of

the joists, near the ceiling (Choovs. Santaaria, & Phil 3&)

!. the abutting owner maya. close the openings if the wall

becomes a party wallb. bloc" the light by builing or

erecting his own wall unlessa servitue is acuire bytitle or prescription

c. as" for the reuction of theopening to the proper sie

Restri!tions as to $ie7s1. 3irect views the istance of 2


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it is through a party wallb. negative 4 counte from the

formal prohibition on theservient owner.

(OTE: mere non+observance of istancesprescribe by Art. *0 without formalprohibition, oes not give rise toprescriptionVOL'(TARY EASEME(TS 6onstitute by the will of the parties

or of a testator. 9he owner possessing capacity to

encumber property may constitutevoluntary servitue. f there arevarious owners, A== must consent#but consent once given is notrevocable

?oluntary easements are establishein favor of1. preial servitues

a. for the owner of theominant estate

b. for any other person havingany juriical relation withthe ominant estate, if theowner ratifies it.

2. personal servitues for anyonecapacitate to accept.

('ISA(CE

Any act, omission, establishment,

business or conition of property oranything else which ,ISA*O-1. InjuresHenangers the health or

safety of others#2. Shoc"s, efies or isregars

ecency or morality#!. Annoys or offens the senses#%. *iners or impairs the use of

property# or&. Obstructs or interferes with the

free passage to any public

highway or street, or boy of water.

C#asses:

1. :er se 4 nuisance at all times anuner all circumstancesregarless of location ansurrouning.

2. :er acciens 4 nuisance byreason of circumstances,location, or surrounings.

!. :ublic 4 affects the community

or a consierable number of persons.

%. :rivate 4 affects only a person ora small number of persons.

o!trine o2 Attra!ti$e (uisan!e:

ne who aintains on his premises

angerous instrumentalities orappliances of a character li"ely toattract chilren in play an who

ails to e$ercise orinary care toprevent chilren from playingtherewith or resorting thereto isliable to a chil of tener years whois injure thereby, even if the chilis technically a trespasser in thepremises.

Remedies against pu%#i! nuisan!e:(:6G)

1. Prosecution uner the ':6 orlocal orinance

2. Civil Action!. E$trajuicial Abatement

Remedies against pri$ate nuisan!e:(6G)

1. Civil Action2. E$trajuicial Abatement

E0tra8udi!ia# A%atement Requisites:

1. nuisance must be speciallyinjurious to the person affecte#

2. no breach of peace orunnecessary injury must becommitte#

!. prior eman#%. prior eman has been rejecte#&. approval by istrict health

officer an assistance of localpolice# an

*. value of estruction oes note$cee :!,000.

T*EORY O& MOE A( TITLE

MOE is the specific cause which

gives rise to them, as the result of the presence of a special conitionof things, of the aptitue an intentof persons, an of compliance withthe conitions establishe by law.9his is the pro$imate cause of theacuisition.



22/29



TITLE is the juriical justification for

the acuisition or a transfer of ownership or other real right. 9his is

the remote cause of the acuisition.

I&&ERE(T MOES ,and TITLES- o2

AC9'IRI(+ O(ERS*IP

Modes o2 a!quiring

o7ners/ip

Tit#es o2 a!quiring

o7ners/ip A. +riginal "odes1. ccupation 1. 6onition of

being without"nown owner

2. 8or" whichincluesntellectualcreation

2. 6reation,iscovery orinvention

'. (erivative modes

!. =aw !. G$istence of reuireconitions

%. 9raition %. 6ontract of the

parties&. 3onation &. 6ontract of the

parties

*. :rescription *. :ossession inthe concept of owner

. Succession . 3eath

OCC'PATIO( a moe of acuiring ownership by

the seiure of things corporeal whichhave no owner, with the intention of acuiring them, an accoring the

rules lai own by law.

Requisites:

1. there must be seiure of a thing2. the thing seie must be

corporeal personal property!. the thing must be susceptible of

appropriation by nature%. the thing must be without an

owner&. there must be an intention to

appropriate

Spe!i2i! instan!es:

1. hunting an fishing2. fining of movables which o not

have an owner!. fining of abanone movables%. fining of hien treasure

&. catching of swarm of bees thathas escape from its owner,uner certain conitions

*. catching of omesticate

animals that have escape fromtheir owners, uner certainconitions

. catching of pigeons withoutfrau or artifice

-. transfer of fish to anotherbreeing place without frau orartifice

TRAITIO("ELIVERY a moe of acuiring ownership as a

onse?'ene o ertain ontrats, byvirtue of which, the object is place

in the control an possession of thetransferee, actually orconstructively.

)inds:

1. 'eal 9raition + actual elivery2. 6onstructive 9raition

a. traditio s2!olia 4parties ma"e use of a to"enor symbol to represent thething elivere

b. traditio longa an' 4 by

mere consent of the partiesif the thing sol cannot betransferre to the possessionof the venee at the time of the sale

c. traditio !revi an' 4when the venee alreay haspossession of the thing solby virtue of another title

. traditio onstit't' 9ossessori' 4 when thevenor continues inpossession of the thing sol



23/29



not as owner but in someother capacity

!. Puasi+traition 4 e$ercise of theright of the grantee with the

consent of the grantor%. radiion 9or inisterio de la le2

4 elivery by operation of law6. radition !2 9'!li instr'ent

Requisites:

1. right transmitte shoul havepreviously e$iste in thepatrimony of the grantor

2. transmission shoul be by justtitle

!. grantor an grantee shoul have

intention an capacity totransmit an acuire

%. transmission shoul bemanifeste by some act whichshoul be physical, symbolical orlegal

O(ATIO( an act of liberality whereby a person

isposes gratuitously of a thing orright in favor of another who acceptsit

Requisites: 63A

1. onor must have !apacity toma"e the onation

2. he must have onative intent(animus onani)

!. there must be delivery4. onee must accept or consent to

the onation

Essentia# 2eatures"e#ements o2 a

true donation:a) Alienation of property by the

onor uring his lifetime, whichis accepteb) rrevocability by the onorc) ntention to benefit the onee

(animus onani)) 6onseuent impoverishment of

the onor (iminution of hisassets)

C#assi2i!ation:

1. As to effectivitya. inter vivosb. mortis causa

c. propter nuptias2. As to perfectionHe$tinguishment

a. pureb. with a conition

c. with a term!. As to consieration

a. simple + gratuitousb. remuneratory or compensatory 4

mae on account of oneeFsmerits

c. moal 4 imposes upon the oneea buren which is less than thevalue of the thing onate

onation Inter

Vi$os

onation Mortis

Causa1. 9a"es effectinepenently of the onorFs eath

9a"es effect upon theeath of the onor

2. 9itle conveyeto the oneebefore the onorFseath

9itle conveye upononorFs eath

!. ?ali if onorsurvives onee

?oi if onor survivesonee

%. Denerally irrevo+cable uringonorFs lifetime

Always revocable

&.


24/29



e$ecution of onation, if there isany, or to the spouse, parents, orchilren, or anyone claiming unerthem.

-.


25/29

San Beda College of Law$!


offense against the person, honor orproperty of the onor, or of his wifeor chilren uner his parentalauthority

2. f the onee imputes to the onorany criminal offense, or any actinvolving moral turpitue, eventhough he shoul prove it, unless thecrime or act has been committeagainst the onee himself, his wifeor chilren uner his authority

!. 'efusal to support the onor

PRESCRIPTIO( )inds:

1. A!quisiti$e pres!ription + one

acuires ownership an other real

rights through the lapse of time in

the manner an uner the conitions

lai own by law.

a. Ordinar2 a?'isitive 9resri9tion reuires possessionof things in goo faith an withjust title for the time fi$e bylaw

b. Atraordinar2 a?'isitive 9resri9tion acuisition of ownership an other real rightswithout nee of title or of goo

faith or any other conition Requisites:

1) capacity to acuire byprescription

2) a thing capable of acuisition byprescription

!) possession of thing uner certainconitions

%) lapse of time provie by law

2. E0tin!ti$e Pres!ription 4 rights anactions are lost through the lapse of time in the manner an uner theconitions lai own by law.

A!quisiti$epres!ription

E0tin!ti$epres!ription

1. relationshipbetween theoccupant an thelan in terms of possession is capableof proucing legalconseuences# it isthe possessor who is

1. one oes not loo"to the act of thepossessor but to theneglect of theowner

the actor

2. reuirespossession by aclaimant who is notthe owner

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

!. applicable toownership an otherreal rights

!. applies to all"ins of rights,whether real orpersonal

%. vests ownership orother real rights inthe occupant

%. prouces thee$tinction of rightsor bars a right of action

&. results in theacuisition of ownership or otherreal rights in a personas well as the loss of

sai ownership or realrights in another

&. results in theloss of a real orpersonal right, orbars the cause of action to enforcesai right

*. can be provenuner the generalissue without itsbeing affirmativelypleae

*. shoul beaffirmativelypleae an proveto bar the action orclaim of the averseparty

Period o2 Pres!riptionMo$a%#es Immo$a%#es

5. +ood &ait/

% years 10 years

6. Bad &ait/

- years !0 years

Ru#es on Computation o2 Period:1. 9he present possessor may complete

the perio necessary for prescriptionby tac"ing his possession to that of his grantor or preecessor

2. t is presume that the presentpossessor who was also the possessorat a previous time, has continue to

be in possession uring theintervening time, unless there isproof to the contrary

!. 9he first ay shall be e$clue anthe last ay inclue

Persons Against /om Pres!riptionruns:1.


26/29

San Beda College of Law$"


!. :ersons living abroa who havemanagers or aministrators

%. Ouriical persons, e$cept the statean its subivision

Persons against 7/om pres!riptiondoes (OT run:1. 7etween husban an wife, even

though there be separation of

property agree upon in themarriage settlements or by juicialecree.

2. 7etween parents an chilren,

uring the minority or insanity of thelatter

!. 7etween guarian an war uringthe continuance of the guarianship



27/29

Pres!ripti$eperiod

A!tions Pres!ripti$e period A!tions

a) mprescriptible to eclare anine$istent or voicontract to uiet title to eman aright of way to bring anaction forabatement ofpublic nuisance to emanpartition in co+ownership to enforce a

trust probate of awill to recoverpossession of aregistere lanuner the =an'egistration Actby the registereowner

g) % IGA'S action to revo"eonations ue tonon+compliance ofconitions action torescin partition of eceaseFs estateon account oflesion action to claimrescission ofcontracts annulment ofcontracts for vice

of consent actions upon auasi+elict action to revo"eor reuceonations base onbirth, appearanceor aoption of achil actions upon aninjury to the rightsof the plaintiff(not arising fromcontract)

b) !0 IGA'S real actionsover immovables(but notforeclosure)without prejuiceto the acuisitionof ownership orreal rights byacuisitiveprescription

h) ! IGA'S actions unerthe eight hourlabor law actions torecover losses ingamblingmoney claims asa conseuence ofemployer+employeerelationship action toimpugn legitimacyof a chil if the

husban or hisheirs resie abroa


28/29

c) 10 IGA'S actions upon awritten contract actions uponan obligationcreate by law actions upon ajugment fromthe timejugmentbecomes final actions amongco+heirs toenforce warrantyagainst eviction inpartition


29/29

f) & IGA'S action forannulment ofmarriages (e$cepton the groun ofinsanity) an forlegal separationcounte from theoccurrence of thecause actions againstthe co+heirs forwarranty ofsolvency theebtor in creitsassigne inpartition action for theeclaration of the

incapacity of anheir (evisee orlegatee) tosuccee) all otheractions whoseperios are notfi$e by law,counte from thetime the right ofaction accrues

l) %0 3AIS rehibitoryaction base onfaults or efects of animals

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Property Reviewer (San Beda)