Concept of Ownership Flashcards
is the right of a person to the enjoyment and control of property including disposition and recovery subject to restrictions by laws and ROT
ownership
Define land.
earth surface including things permanently and naturally attached by nature
Define real estate.
land and all items attached to the land
Define real property.
rights, interest and benefits related to ownership
Define property as per Article 414, NCC.
all things that are and maybe objects of appropriation. Also a legal concepts pertaining to RIB related to ownership.
Give 3 classification of things. NCA
belong to anyone
res nullius - does not belong to anyone
res communes - belong to everyone
res alicujus - belong to someone
Give the 3 characteristics of property. USI
Utility
Susceptibility or appropriation
Individuality or substantivity
Classification of Property. 7
- Mobility / immobility -
- To whom it belongs
- Alienability
- Dependency or Importance
- Existence
- Materiality or immateriality
- Capability of Substituion
Properties that has the characteristics of immobility
immovables or real property
Properties that has the characteristics of mobility
movables or personal property
Owned in public capacity
public dominion
Owned in private capacity
private ownership
Property that can be subject to legal transactions
within the commerce of men
Property that cannot be subject to legal transactions
outside the commerce of men
Property to which other thing is considered dependent or subordinated
Principal
Property which is dependent upon principal
accessory
Property which enjoyment is vested in present time
Present property
Property which enjoyment is postponed to future time
Future property
Property that has physical form or substance
Tangible / Corporeal
Property that has no form or substance like copyright, stocks cert, bonds, promisory notes
Intangible / Incorporeal
Property that is replaceable by an equal and quantity
Fungible
Property that is irreplaceable
Non-fungible
Give 10 immovable properties accrdg to Article 415, NCC.
- lands, bldgs, roads
- trees
- attached to an immovable in fixeed manner
- status, reliefs, paintings
- machinery,
- animal houses
- fertilizer
- mines, quarries
- dock structures
- contracts for public works
Classifications of immovable prop. NIDA
by nature
by incorporation
by destination
by analogy
Cannot be carried from one place to another
Immovable by nature
Attached to an immovable in a fixed manner to be an integral part there of
Immovable by incorporation
Placed in an immovable for the utility it gives to the activity being carried upon
Immovable by destination
Classified by express provision of law
Immovable by analogy
Give 6 conditions to be deemed personal property according to Article 416, NCC
- susceptible to appropriation
- considered by law as personalty
- forces in nature by science
- can be transported
- obligations object demandable
- shares of stock of agri, commercial, industrial entities
Conditions for machineries to be considered immovable. 4
- placed by the owner to the real property
- industry carried on in the bldg where equipment is placed
- meets the need of industry
- essential to the fulfillment of business
Test to determine movable/ personal property. EDS
by exclusion
by description
by special provision of law
Those which are under the jurisdictoon and administration of the state for the collective enjoyment of the people.
Public dominion
Those beside the patrimonial property of the state consisst of all property belonging to provate persons
Property of Private Ownership
Latin for Regalian Doctrine
Jura Regalia
A principle in law that all natural wealth-AGFOMINA of the public doman and all other natural resources belong to the state.
Regalian Doctrine
All lands of public domain belongs to the state
Regalian Doctrine
All lands owned by the State and it has control and administration over it.
Public Doman
Classification of Lands of Public Doman
Agricultural, Forest/Timber,Mineral, Nat’l Park
Land producting wood or able to produce wood
Forest / Timber
Land principally devoted to the raising of crops such as rice, sugar, tobacco
Agricultural
Lands in whcih mineral exist in sufficient quantity to justify the necessary expenditures to be incured in mining
Mineral
Lands maintained by the govt as a place of beauty or public recreation or wildlife refuge
National Park
What land is alienable
Agriculture
Limitation for holding of agri land by corp and assoc
not more than 25 years renerable for another 25 years max of 1000 ha
Filipino citizens may lease not more than _____ ha, either by purchase of homestead as per ________.
12, 1987 Phil Constitution
Properties of Public Dominion. 3
- intended for public use
-belong the the State
-for dev’t of national wealth
Principle in dealing with public dominion. 5
- cannot be alienated or leased
- cannot be acquired by prescription
- cannot be registered under LRA for TCT
- cannot be levied upon
- cannot be burdened by voluntary easement
Property owned by the State in its private of proprietary capacity. Exists fir the attainment of the State’s economic monetary ends, subsistence or preservation of natural being.
Patrimonial property
Example of Patrimonial property
mangrove land/swamp
friar lands
escheated property
Under the constitution, it provides that the property owner is bound to utilize their lands in a manner that promotes welfare not just for themselves but for the State
Stewardship Principle
Rights inherent to ownership. He can construct any works or make excavations detriment to servitudes and subjected to special laws and ordinances.
Right of ownership
Right of an owner to use and control air space over his land.
Air right
Right of an owner to use and control its surface and everything under it
Surface right
Bundle of Right Concept is also known as
Livery Seisin
The absolute right of ownership without limitation other than imposed by law
Fee simple
Right to use the property owned
jus utendi
Right ot enjoy fruits of property
jus fruendi
Right to consume thing or right to abuse
jus abutendi
Right to possess things
jus possedendi
Right to dispose, encumber and destroy…
jus disponendi
Right to vindicate or recover
jus vindicandi
Right to the accessories or anything attached to the land
jus accessiones
What are the bundle of rights of ownership? 8
right to enjoy and dispose
right to the fruits of property
right to possess
right to exclude other from enjoyment
right to dispose the property
right to recover
right to remove the cloud
right to redemption
Force in defense of property is justified
Doctrine of Self-help
Any hidden or unknown deposit of money, jewelry on which it is found
Hidden treasure
Right pertaining to the owner of the thing over everything which is produced thereby.
Accession
Right over the product of the property
Accession discreta
Spontaneous product of the soil and the young of animals
Natural fruits
Those produced by land or any form by cultivation or labor
Industrial fruits
Rents of bldgs, price of leases of lands or other similar income
Civil fruits
Right pertaining to the owner of a thing over everuything which is incorporated or attached thereto, naturally or artificially
Accession continua
That which takes place in bldg, planting and sowing
Accession industrial
Those which takes place on lands adjoining the banks of rivers, lakes, creeks or
Accession natural
Those which takes place on lands adjoining the banks of rivers, lakes, creeks gradually receive from the effects of the water
Accesion
That which takes place when a river bed is abandoned through the natural change in the course of the waters. Sudden.
Avulsion
One whereby the happening of certain event automatically terminates the entitlement of the estate and reverts back to previous owner
Fee simple determinable
One whereby the happening of a stated event terminates the right over the estate: like succession of a property conditioned on not to remarry for a widow spouse
Fee simple subject to a subsequent condition
One whereby an occurence of an event passes title to a third person, like trusteeship
Fee simple subject to an executory interest
One whereby the estate has a limited duration based on the life of the property owner
Life estate
One where the tenant has the right to occupy or to use the RP for a specified period upon payment of rentals periodically
Tenancy for years
One which continued from one period to another and can be cancelled or renewed at the end of each period
Tenancy for period to period
One whereby a tenancy started by legal means but ended the tenancy without legal justification but merely on the owners implied consent
Tenancy at sufferance
One which is subject to the will of the parties
Tenancy at will
Equal Ownership, Right of Survivosrhip, Transfer of Interest
Joint Tenancy
Separate ownership shares, No right of survivorship, Transferable ownership
Tenancy in common
Former Filipino citizens are allowed to purchase land for _______.
BP 185 - Res - 1000,1
RA 8179 - Commercial - 5000,3
CARP - 5,3
Ff persons cannot acquire of purhcase land
guardian
agents and administrator
executors of property
publics officers and employees
Cases when foreigners are allowed to own real estate
acquired before 1935 Constitution
thru inheritance
not more than 40% interest in condo
former Fil subject to limitations
Filipina who married afam but remained Fil
Those limitations imposed under constitution, particularly in the exercise of its power
Constitutional Limitations
Inherent power of the State. PETE
police powers
eminent domain
taxation
escheat
The right of the State to regulate and restrict property rights for a common welfare
Police Powers
Power of the State to raise revenue to defray govt expenditures
Taxation
The right of the State to take/ possess certain properties subject to certain conditions
Eminent domain
Conditions for eminent domain
- prop must be taken for public use
- undetaken by govt authority
-with due process
-just compensation must be paid
Refers to the fair and reasonable compensation paid by the State for expropriating property for gov’t use
Just compensation
Formula for just compenation
JC= Market Value+Consequential Loss - Consequential Benefits
or
JC= MC -CB+CL
The estimated value of a property which is the object of expropriation
Condemnation Value
It is the reversion or automatic conveyance of realty to govt, upon owners death, due to absense of will, heir, or when owner does not pay his taxes.
Escheat
No person shall enrich himself at the expense of another
Solutio Indebiti
Refers to all the rights of the owner
Full Ownership
Refers to ownership where the right to use and the fruits has been denied
Naked ownership
REfers to ownership which is vested only to one person
Sole owneship
Refers to ownership rights to own a whole property toegther with the others at the same time the owner of an aliquot part thereof
Co-ownership
This refers to right of a common dominion in which two or more persons have a spiritual part of the property or thing which is not physically divided
Co-ownership
Conditions of Co-ownership
- more than one subject
- unity of objcet
- recognition of the ideal shares which determine rigths and obligations
Means that repairs for preservatiion may be made at the will of the one of the co-owners but the one who is making the repairs and maintenance must first notify the other co-owners of the neccessity of such repairs
Acts of Preservation
Refers to the undertaking for the administration of the property subjected to the co-ownership and the act of the administration can only be performed with the concurrence of the other co-owners
Acts of Administration
is the performance of an act of altering the object of the co-ownership and it can only be performed with the concurrence of the other co-owners
Acts of Alteration
Acquiring ownership which is independent of any pre-existing title or right of another
Original mode
Things appropriable by nature that are without owner such as fish in the ocean, hidden treasure, abandoned movables are acquired by ________. However, ownership of a piece of land cannot be acquired by _______.
occupation
intellectual creation
creation or work
When somebody else was the owner before, it is called _________.
Derivative mode of acquiring ownership.
Types of derivative mode of acquiring ownership 5
- succession
- donation
- prescription
- law
- tradition
A mode of acquisition by virtue which the RIB to the extent of the value of the inheritance of a person are transmitted to another through death by will or by operation of law
Succession
Successcion made by a will
Testamentary or Testacy
A will that is written entirely by hand of the Testator
Holographic
Succession by operation of law, based on decedents presumed will
Intestate or Legal
An act whereby a person is permitted with the formalities prescribed by law to control to a certain degree the disposition of his estate to take effect after death
Mixed
Refers to ability and power to make a will. 18 years of age, of sound mind
Testamentary capacity
Is an act whereby a person is permitted to control certain degree of the disposition of his estate
Will
is a supplement or addition to a will made after the execution thereof and annexed, by which disposition made in the original will is explained, added, altered
Codicil
Is a special proceeding mandatorily required for the purpose of establishing the validity of a will
Probate
Persons to whom gifts of real property are respectively given by virtue of a will
Devisee
Persons to whom gifts of personal property are respectively given by virtue of a will
Legatee
Refers to property, rights and obligations of a person which is not extenguished by his death, and which are available for distribution among heirs
Inheritance
What are example of inheritance
- all property
- all transmissible rights
- all obligations
- those which have accrued since succession
is an act of the testator in depriving compusory heir of his legetime for causes exprressly provded by law
Disinheritance
Is the addition of the value of all donations made intervivos by the decedent to the net estate value.
Collation
REfers to the resumption of the genuine cordial relationship between the Testattor and the disinherited heir…
Reconciliation
IS the omission in the testators will of one, some or all of the compulsory heirs in the direct line whether living at the time of the execution of the…
Preterition or Pretermission
REfers to compulsory successional rights granted by law and ut cannot be taken by anybody except when alieanted during the lifetime of the testator with consideration
Legitime
This is an act by virtue of which the testator designates in his will the person/s who are to succeed his property and rights
Institution of Heir
Those who are called to the succession of the whole of an aliquot portion of the inheritance by will or law
Heirs
Are those whom the legetime is reserved by law and who succeed whether the testator likes it or now
Compulsory / Forced Heirs
Are those instituted by the Testator in his will to succeed to the inheritance which the testator can freely dispose
Voluntary Heirs
Are those who succeed to the estate of the decedents who dies without a valid will
Legal / Intestate Heir
Kind of heir who have precedence over and exclude other compulsory heirs ( legitimate children, descendants)
Primary Compulsory Heirs
Kind of heir who succeed only in the absence of primary compulsory heirs (legitimate parents, ascendants)
Secondary Compulsory Heirs
Those who succeed together with the primary and secondary compulsory heirs (spouse, illegitimate child)
Concurring
Persons that may affect partition of estate (4)
- decedent himself thru intervivos
- 3rd person assigned by decedent
- heirs
- competent court
Persons that can demand partition
- compulsory heir
- voluntary heir
- legatee or devisee
- any person who has interest in the estate
An act of liberality whereby a person disposes gratuitously or without consideration a property or right in favor or another who accepts it
Donation
Donor should have donative intent
animus domandi
Donation that takes effect during the lifetime of the donor and acceptance by the donee should be made during the lifetime of the donor
Donation invtervivos
An act of pure liberality or gratuituous remuneratory or compensatory- on account of services rendered
Simple Donation
Donor impose burden chared less than the value of property given
Conditional Donation
Donor imposes upon the donee a burden which is less that the value of the thing donated
Modal Donation
Donation in consideration of marriage
Donation propter nuptias
Donation that takes effect afeter the death of the donot
Donation Mortis Causa
Persons disqualified by law to make donations
- guilty of adultery
- guilty of crime
- those made to a public officer
- made to priests
- relatives of priests up to 4 degree
- made by spouses to each other
- those made by a ward to the guardian
- attesting witness to the donation
- physician, surgeon
- not permitted by law
One that acquires ownership of land by adverse possession for the period of time required under the law.
Prescription
Conditions for prescription ( OCENPO
concept of owner, open, continuos, exclusive, notorious possession
One which acquires ownership and the other real rights thru the lapse of time in the manner and under conditions laid by law
Acquisitive Prescription
Requires possession of things in good faith and with just title for the time fixed by law
Ordinary Prescription
Acquisition of ownership and other real rights without need of the title or good faith or any other conditions
Extraordinary Prescription
Rights and actions are lost through the lapse of time in the manner and under conditions laid down by law
Extinctive Prescription
Prescription period for good faith
10 years
Prescriprion period for bad faith
30 years
This is a mode of acquiring ownership as a consequence of certain contracts by vitrre of which the object is placed in the control and possession of the transferee, actually or constructively
Tradition / Delivery
actual delivery
real delivery
Parties make use of a token or symbol to represent the thing delivered
Tradition Symbolica
By mere consent of the parties if the thing sold cannot be transferred to the possession of the vendee at the time
Tradition Longa Manu
When the vendee already has the possession of the thing sold by virtue of the another title
Tradition Brevi Manu
When the vendor CONTINUES IN POSSESSION of the THING SOLD not as owner but in some OTHER CAPACITY
Traditio Constitutum Possessorium
Process by which a riparian land gradually and imperceptibly received addition made by the water to which the land is contiguos
Accretion
Defined as the soil which the lands adjoining the riverbanks, creeks, gradually receive or increase from the effects of the current of the waters
Alluvium
Defined as the accredtion which takes place whenever the current of a river, creek, etc segregates from an estate on its bank, a known portion of land and transfers it to another estate
Avulsion
Owners of the land adjoining or abutting the riverbanks, creeks, lakes
riparian owner
The owner of which the segregated portion belonged retained ownership provided she removes the same within ______
2 years
Who can claim title of the reclaimed land?
Government of RP
Refers to the conveyance of ownership or other rights and privileges in publicly owned property to members of the general public who come under the qualifications of the statute that makes the land available
Public grant
Holding a thing or enjoyment of a right with the intention to possess in one’s own right
Possession
Where possessor claims the thing for himself
in one’s own name
possessor holds it merely to keep or enjoy it bec it is own by another person like as tenant
in concept of a holder
Possessor of a thing / right by his action or is considered/ believed by other person as the owner regardless of the good or bad faith of the possessor
In the concept of an owner
For whom the thing is held by the possessor like an Agent
In the name of another
Possessor is not aware of any defects of his title of the property or the acquisition thereof
In good faith
Possessor is aware of any defects of the title of the property she owns
In bad faith
Means that the owner of the property has the right to prohibit the interference of another, if necessary to avoid imminent danger or damage. Owner may demand indemnity from the person benefited
Acts in State of Necessity
Are those actions filed for the recovery of possession over personal property
Replevin
Summary action to recover physical possessions and should be filed within 1 year from the time the basis of the action arise
Accion Interdictal
Action for recovery of material possession of real property when a person originally in possession was deprived thereof
Forcible entry
Mere physical possession
Possession de facto
Juridical possession
Possession de jure
Action for recovery of possession of any land or building by a landlord, vendee against whom the possession of which was unlawfully withheld after the termination of the right to hold possession
Unlawful detainer
An ordinary civil proceeding to recover the better right of possession except in cases of forcible entry and unlawful detainer
- more than 1 year
- filed with RTC
Accion Publiciana
An action to recover ownership of a real property which shall be filed in the proper court (RTC) within years if acquired thru good faith and years is acquired thru bad faith.
Accion reinvindicatoria
Refers filling of submerged land subject to gov’t regulations and existing laws
Reclamation
Law granting municipalities and cities the authority to reclamation
RA 1899.
06.22.1957
Refers to process by which a land is taken againts the consent of the owner such as foreclosure, execution, expropriation
Involuntary Alienation / Grant
Refers to the RULES of INHERITANCE established by law in cases in which there is NO WILL
Descent or Devise
They may agree upon an EJS or partition of the estate of the decedent, provided there are no debts left
Rules of Court, Rule 74, Section 1
Grant of agricultural lands to tenant farmers granted by DAR in the implementation of land reform program
Emancipation patent
Land reform programs of government
PD 27 - Emancipation of Tenants from Bondage of Soil
RA 6657 - Comprehensive Agrarian Reform Law (CARL)
EO # 227 - CARP
RA 8532 - ARFB Agrarian Reform Land Bill (CARP +10 yrs)
RA 9700 - CARPER CARP Extension w/ Reforms
Refers to the principle of citizenship observe in the Phil based on the parent’s nationality
Jus Sanguinis
Refers to the principle that states that the citizenship of a person shall be based on the place of a birth of a person
Jus soli
This is a real right of a temporary nature that authorized its holders to enjoy all the benefits of the property of another with the obligation of preserving its form and substance
Usufruct
Usufruct is constituted by
- law
- will of private person
- prescription
Refers to where the usufructuary does not have any obligation to preserve the form and substance
Abnormal usufruct
Refers to the usufructuary which files a verified petition in court asking for the delivery of the house and furniture necessary for himself
Caucion Juratoria
This is an encumbrance imposed upon an immovable or real property for the benefit of another real property belonging to a different owner
Easement / Servitude
Enjoyed over another immovable and never on one’s own property
Jus Re Aliena
Real property in favor the easement establishment
Dominant Estate
Real property subjected to the easement establishment, land that abuts or adjoins a highway
Servient Estate
An encumbrance imposed upon an immovable for the benefit of another immovable belonging to another real estate
Right of Way
Easement in favor of community or of one or more persons
Personal easement
Easement in favor of another real property
Real easement
Easement established by law
Legal easement
Easement established by will of the owners
Voluntary easement
The servient owner should allow something to be done on his property - called servitudes of intrusion
Positive easement
The servient owner should refrain from doing something which she could lawfully if the easement did not exist
Negative easement
The right to the owner of an estate which is surrounded by other estates belonging to to other persons and without an adequate outlet to a public highway to demand that he be allowed a passageway
Easement of Right of Way
A common wall which separates 2 estates built by common agreement at the dividing line
Easement of Party wall
The right to admit light form the neighboring estate by virtue of window or openings
Easement of Light
- not greater than 30 cm squared
- iron grating
The right to make opening or windows to enjoy view through the estate of another
Easement of view
The distance of ________ between the wall and the boundary should be observed in easement of view
2 meters
Any act, omission, establishment business or condition of property or anything which injures, etc
Easement against nuisance
Legally binding document between two parties: the lessor and the lessee.
Lease contract
No lease shall be valid for more than ____ years.
99
If the period for the lease has not been fixed, it is understood to be from year to year…
Perpetual lease periodic lease
Occurs when the original lease expires, but the tenant continues to occupy property for 15 days
Implied new lease / Tacita Reconducta / Tacita Reconduccion
Represent the ownership rights of the lessor (landlord)
Leased fee interest
Rights held by the lessee.
Leasehold Interest
A contract by which the debtor secures for the creditor the fulfillment of a principal obligation specially subjecting to such security real property or real rights over …
Real estate mortgage
A contract by virtue of which one person delivers to another a movable instrument evidencing incorporeal rights…
Pledge
Is an accessory contract, whereby the right to receive the fruits over the debtors property is given to the creditor
Antichresis
is a conditional sale of personal property as a security for the payment of a debt,
chattel mortgage
What is the general rule in property relations between spouses?
Porperty relations shall be governed by the Phil laws, regardless pf the place of the celebration of the marriage or the parties’ residence except…
- the agreed regime
- the prevailing regime
- the customs
- the local customs
Rights and obligations between husband and wife
- live together
- observe mutual love, respect and fidelity
- render mutual help and support
- fix the family domicile
- joint responsibility for the support of the family
- joint management of the household
Property relations between husband and wife shall be governed by
- marriage settlements or ante-nuptial agreement before marriage
- provisions of the law as amended by the Family Code
- local customs
- rules on co-ownership
The contract entered into by persons about to be married for the purpose of fixing the matrimonial property regime that should govern during the existence of marriage
Marriage settlement
COnditions of marriage settlements
- before marriage
- in writing
- signed by the parties -
- will not prejudice third person
- shall fix terms and conditions of property relations
- signed by parents is betweeen 18-21 y.o.
Refers to any exclusive property brought by the husband to the marriage
Capital property
Refers to any exclusive property brought by the wife to the marriage
Paraphernal property
Right of the wife to husbands property upon death
Dower
Right of the hudband to wife’s property upon death
Curtesy
What is EO No. 209
Family Code of the Phil
08.03.1988
Absolute Community of Property
When did absolute community of property in the Philippines commence?
August 3, 1988, when the Family Code took effect. This regime applies to marriages that take place after this date, without a prenuptial agreement.
The provision on ______ shall apply to absolute community of property between spouses. Article 90, EO 209
Co-ownership
What is RA 386?
Civil Code of the Phil
06.18.1949
Conjugal Property of Gains
Under the _______, the hudbans and wife place in a common fund the proceeds, products, fruits and income from their separate properties….upon dissolution of marriag, net gains shall be divided equally. Article 106, RA 386
Conjugal Property of Gains
Article 106, RA 386
All property acquireed durign the marriage, whether the acquisition appears to have been made in the name of one or both spouses, is presumed to be conjugal unless the contraty is proved.
Conjugal Property of Gains
Article 116, RA 386
In the disposition of conjugal property, the wife’s consend must be secured. If not, the wife may question the sale within ______.
5 years
In conjugal property of gains, property bough in installment, ownership vested BEFORE marriage belongs to ______.
Buyer or Buyers
Article 118, RA 386
In conjugal property of gains, property bough in installment, ownership vested DURING marriage belongs to ______.
Conjugal partnership
Article 118, RA 386
Exclusive Property of Spouse in Conjugal Regime
- brought to the marriage as his/her own
- acquired by gratuitous title
- acquired by barter with another property belonging to only one spouse
- purchased with exclusive money of wife
Each spouse shall own, dispose of, possess, administer and enjoy his / her separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his/ her profession, business or industry and all fruits, natural and industrial or civil, due or received during the marriage by his separate property
Regime of Separation of Property
Article 145
