accession

Question 1

Kinds of Accession

Answer 1

(1) accesion discreta; and (2) accesion continua.

Question 2

the right of the owner to anything which is produced by his property.

Answer 2

accesion discreta

Question 3

the right of the owner to anything which is incorporated or
attached to his property, whether such attachment is through natural or
artifi cial causes.

Answer 3

accesion continua

Question 4

Accesion discreta is subdivided into:

Answer 4

(1) natural fruits, (2) industrial fruits, and (3) civil fruits.

Question 5

Accesion continua may refer to either

Answer 5

immovable property or movable property.

Question 6

With regard to immovable property, accesion continua is classified
into either

Answer 6

industrial accession or natural accession depending on
the manner by which the attachment or incorporation takes place.

Question 7

In industrial accession, the incorporation takes place

Answer 7

artificially;

Question 8

while natural accession takes place through

Answer 8

natural means.

Question 9

Industrial accession, in turn, may take the form of either

Answer 9

building, planting or sowing.

Question 10

Natural accession, on the other hand, has four forms:

Answer 10

(1) alluvion, (2) avulsion; (3) change of course of river; and (4) formation
of islands.

Question 11

With respect to movable property, accesion continua may either
be:

Answer 11

(1) adjunction or conjunction, (2) commixtion or confusion, and
(3) specifi cation.

Question 12

Adjunction or conjunction, in turn, may take place by:

Answer 12

(1) inclusion (engraftment), (2) soldadura (attachment); (3) tejido
(weaving); (4) pintura (painting); or (5) escritura (writing).

Question 13

accesion discreta is the right of the owner to

Answer 13

the products of his property or to the fruits of the same. In our Civil Code, the
basic rule on accesion discreta is stated in Article 441, which provides
that “to the owner belongs: (1) the natural fruits, (2) the industrial fruits,
and (3) the civil fruits.”

Question 14

Exceptions to the Rule : accesion discreta

Answer 14

(a) in usufruct
It is the essence of usufruct that the usufructuary199 is entitled not only to the enjoyment of the property subject matter thereof but also to its fruits. Thus, Article 566 of the New Civil Code provides:
“Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct.
With respect to hidden treasure which may be found on the land or tenement, he shall be considered a stranger.”
(b) in lease of rural lands
In lease of rural land, the lessee is entitled to the natural and industrial fruits of the thing leased while the lessor is entitled to civil fruits in the form of the rent paid by the lessee.
(c) in antichresis
By the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit.
(d) in possession in good faith
According to Article 544 of the New Civil Code, a possessor in good faith is entitled to the fruits received by him before his possession is legally interrupted.
(e) fruits naturally falling
According to Article 681 of the New Civil Code, fruits naturally falling upon adjacent land belong to the owner of the said land and not to the owner of the tree.

Question 15

There are two kinds of natural fruits, namely:

Answer 15

(a) the spontaneous
products of the soil — those that appear without the intervention of
human labor, such as the wild fruits in the forest, herbs, and common grass; and (b) the young and other products of animals, such as milk,
hair, wool, horn, hide, eggs, and animals dung or manure.

Question 16

classified as an industrial fruit if

Answer 16

If human labor intervenes in the production of the fruit

Question 17

Civil Code is silent with respect to
the ownership of the young if the male and female parents belonged
to different owners. gen rule is:

Answer 17

“the young belongs to the
owner of the female parent.”

Question 18

for a fruit to be classifi ed as an industrial fruit, it must satisfy two requirements:

Answer 18

(1) it is produced by the land; and
(2) it is produced through cultivation or labor.

Question 19

are manufactured products such as clothes, jeans, watches and cell phones,considered industrial
fruits?

Answer 19

no. by express provisions of the law, it is required that industrial fruits,
like natural fruits of the fi rst kind, must come from the soil.

Question 20

Civil fruits, under the Civil Code, refers to

Answer 20

“rents of building, the price of leases of lands and other property and the amount of perpetual or life annuity or other similar income.”

Question 21

a dividend, whether in the form of cash or stock, is considered as

Answer 21

civil fruit because it is declared out of the profits of a corporation and not out of the capital stock.

Question 22

When does the law recognize the existence of fruits?

Answer 22

With respect to natural and industrial fruits, only those “manifest”
or “born” are considered as such.212 In relation to the offspring or young
of animals, they are deemed existing at the beginning of the maximum
period of gestation, this being the surest criterion of their existence in
the mother’s womb.213 Hence, the offspring is already considered as a
natural fruit even during the time that it is inside the womb of its mother so long as the latter’s pregnancy is already manifest or evident. In the
case of plants which produce only a single crop and then perish, they are
deemed manifest or existing from the time the seedlings appear on the
ground, without waiting for the grains to appear. As to plants and trees
that live for years and yield periodic fruits, the latter are not deemed
existing until they actually appear on the plants and trees.

Question 23

Accesion continua involves the union of

Answer 23

two or more things belonging to different owners in such a manner that they cannot be separated from each other or from one another without causing a substantial injury to any of the things involved.