Ownership Flashcards
What is the definition and concept of Ownership?
It is the independent right of exclusive enjoyment and control of a thing for the purpose of deriving therefrom all the advantages required by the reasonable needs of the owner (or holder of the right) and the promotion of general welfare, but subject to the restrictions imposed by law and the rights of others. (JBL REYES, found in Prof. Labitag Syllabus).
Ownership may be exercised over what?
May be exercised over things or rights. [Art. 427, CC]
What are the types of ownership?
- Full Ownership - With complete rights over the property.
- Naked Ownership - Absence of jus fruendi and jus utendi, jus possidendi
- Sole Ownership - Ownership vested only in one person
- Co-Ownership - Ownership vested in 2 or more persons in ideal shares or undivided interest.
- Beneficial ownership - Right to enjoy the use and fruits of a property
What are the rights of an Owner?
- Right to enjoy and dispose of a thing, without other limitations than those established by law.
- Right of action against the holder and possessor of the thing in order to recover it.
- Jus Utendi: right to use and enjoy
- Jus Fruendi: right to receive the fruits
- Jus Abutendi: right to consume a thing by use
- Jus Disponendi: right to alienate, encumber, transform or even destroy the thing owned
- Jus Vindicandi: right to recover possession of property based on a claim of ownership
- Jus Possidendi: right to possess the property (Implied from all the other rights)
- Jus Accessionis: right to whatever is attached to the thing in such a way that they cannot be separated without injury
- Jus Tresauris: right to hidden treasure
- Right to Exclude; Doctrine of Self-Help [Art. 429, CC]
- Right to enclose or fence [Art. 430, CC]
- Right to receive just compensation in case of expropriation [Art. 435, CC] but not if the property seized by competent authority in the exercise of police power, unless seizure is unjustified.
- Right of owner of land to its surface and everything under it, except natural resources the owner may make any works, plantations, and excavations subject to servitudes and special laws and ordinances and reasonable needs of aerial navigation [Art. 437, CC]
What are Real Rights?
Rights that confer upon its holder an autonomous power to derive directly from a thing certain economic advantages independently of whoever the possessor of the thing.
What are Personal Rights?
Rights of a person to demand from another as a definite passive subject, the fulfillment of a prestation to give, to do or not to do.
What are under real rights?
a. Ownership
b. Real right of Possession
c. Usufruct d. Easement
e. Recorded lease
f. Real Estate Mortgage
g. Chattel Mortgage
h. Pledge
i. Antichresis
j. Retention
k. Pre-emption
l. Redemption
m. Stewardship
n. Certificate of Ancestral Domain Title; Certificate of Ancestral Domain Claims in the IPRA Law
What is action in rem?
Action against a property, judgment binding against the whole world.
What is action in personam?
Action against a specific person, judgment binding against that particular person.
What is action quasi in rem?
Action against a specific property with respect to a person.
What is the difference bet. action in rem, in personam, and quasi in rem?
Action in rem - Action against a property, judgment binding against the whole world.
Action in personam - Action against a specific person, judgment binding against that particular person.
Action quasi in rem - Action against a specific property with respect to a person.
What are the requisites of the Doctrine of Self-Help?
a. Person exerting force is owner or lawful possessor
b. There is actual or threatened unlawful physical invasion or usurpation of property
c. Force used against aggressor is reasonably necessary to repel/prevent such aggression
When is the Doctrine of Self-Help inapplicable?
Cannot be used against agents of the state acting in their official functions or from other lawful form of action against the possessor
What are the actions to recover ownership and possession of Immovable Property?
Accion Reivindicatoria An action to recover ownership of real property. It includes, but is not limited to possession.
Accion Publiciana An action for the recovery of real right of possession of real property (posession de jure).
Note: actions for ejectment not filed within 1 year must be filed as accion publiciana.
Accion Interdictal - Action for Ejectment A summary action for recovery of actual, material or de facto physical possession through an action for Forcible Entry or Unlawful Detainer.
What is Accion Reivindicatoria?
An action to recover ownership of real property. It includes, but is not limited to possession.
What is Accion Publiciana?
An action for the recovery of real right of possession of real property (posession de jure).
What is Accion Interdictal?
Action for Ejectment A summary action for recovery of actual, material or de facto physical possession through an action for Forcible Entry or Unlawful Detainer.
Action for Forcible Entry?
Lawful possessor deprived through FISTS:
a. Force
b. Intimidation
c. Strategy
d. Threats, and
e. Stealth
Period to Bring Action: 1 year from dispossession (force, intimidation, threats) or from knowledge of dispossession (strategy, stealth)
Action for Unlawful Detainer?
Possessor refused to vacate upon demand by owner
Note: Legal possession (by
permission/ tolerance) becomes unlawful upon failure to vacate
Period to Bring Action: 1 year from last demand to vacate.
What are the action to recover ownership and possession of movable property?
Replevin For manual delivery of movable property, for either ownership or possession
What is the recovery for an action of recovery of property?
[Art. 434, CC]
a. Property must be identified; and
b. Plaintiff must rely on the strength of his title
Ei incumbit probatio qui dicit, non qui negat: “He who asserts, not he who denies must prove.”
What is an Action to Quiet Title?
A common law remedy for the removal if any cloud upon a doubt or uncertainty with respect to title to real property. [Paras]. A cloud on title is a semblance of title (legal or equitable) which legally appears valid but is, in fact, unfounded. It is in the nature of a quasi in rem action.
An Action to Quiet Title is generally applicable to ___________
real property
What is the purpose of an Action to Quiet Title?
a. To declare the invalidity of a claim on a title or the invalidity of an interest in property.
b. To free the plaintiff and all those claiming under him from any hostile claim on the property.
a. To prevent future or further litigation on the ownership of the property.
b. To protect the true title and possession.
c. To protect the real interest of both parties.
d. To determine and make known the precise state of the title for the guidance of all.
When is an Action to Quite Title not applicable?
a. To questions involving interpretation of documents;
b. To mere written or oral assertions of claim, EXCEPT IF made in a legal proceeding or asserts that an instrument or entry in plaintiff’s favor is not what it purports to be;
Is Not Applicable To:
c. To boundary disputes;
d. To deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff;
e. To instruments invalid on their face; or f. Where the validity of the instrument involves a pure question of law
What are the requisites for an Action to Quiet Title?
a. There is a cloud on title to real property or any interest to real property;
b. The plaintiff must have legal or equitable title to, or interest in the real property; and
c. Plaintiff must return the benefits received from the defendant.
What is the prescription period of an Action to Quiet Title?
When the plaintiff is not in possession of the real property, the action to quiet title may prescribe depending upon the right of action filed by the plaintiff:
a. 10 yrs. – if plaintiff is a possessor with a real right, i.e. accion publiciana, or if action is for reconveyance on the basis of a constructive trust under Art. 1456, CC
b. 30 yrs. – if plaintiff is the owner of real property
What is an Action to Prevent a Cloud?
“Cloud on title” means a semblance of title, either legal or equitable, or a claim or a right in real property, appearing in some legal form but which is, in fact, invalid or which would be inequitable to enforce.
What is the difference bet. a Legal Title and an Equitible Title?
Legal title: the party is the registered owner of the property.
Equitable title: the person has the beneficial ownership of the property.
What are the (requisites) for the existence of a cloud?
a. there is aclaim emerging by reason of
- any instrument
- any record, claim, encumbrance
- any proceeding
b. The claim should appear valid or effective and extraneous evidence is needed to prove their validity or invalidity;
c. Such instrument, etc. is, in truth and in fact, invalid, ineffective, voidable, or unenforceable, or has been extinguished or terminated, or has been barred by extinctive prescription; and
d. Such instrument, etc. may be prejudicial to the true owner or possessor.
An Action to Prevent a Cloud is not applicable in what instances?
a. To questions involving interpretation of documents;
b. To mere written or oral assertions of claim, EXCEPT IF made in a legal proceeding or asserts that an instrument or entry in plaintiff’s favor is not what it purports to be;
c. To boundary disputes;
d. To deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff;
e. To instruments invalid on their face; or
f. Where the validity of the instrument involves a pure question of law
What are the requisites for An Action to Prevent a Cloud?
a. Plaintiff has a title to a real property or interest therein;
b. Defendant is bent on creating a cloud on the title or interest therein. The danger must not be merely speculative or imaginary but imminent; and
c. Unless the defendant is restrained or stopped, the title or interest of the plaintiff will be prejudiced or adversely affect
What are the general limitations on ownership?
General Limitations
a. Taxation
b. Eminent domain
c. Police power
What are the specific limitations on ownership?
a. Legal Servitudes [Arts. 644, 678, 679, 649, 637, 652, 676, 684-687, CC] Once requisites are satisfied, the servient owner may ask the Court to declare the existence of an easement. (e.g. Easement of Right of Way, Easement of Light and View etc.)
b. Must not injure the rights of a third person [Sic Utere Tuo Ut Alienum Non Laedas (Art. 431, CC)]
c. Actions in a State of Necessity The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited, indemnity for the damage to him. [Art. 432, CC]
d. Nuisance [Art. 694, CC]
e. Limitations imposed by the owner himself (e.g. voluntary easements)
f. Limitations imposed by the party
transmitting the property either by the contract or will (e.g. onerous donations or easement constituted when dividing one property)
What is Accession?
Accession – the right by virtue of which the owner of a thing becomes the owner of everything that is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. [Art. 440, CC]
Is accession a mode of acquiring property?
Not a mode of acquiring property; it does not depend upon a new title.
What are Accessories?
Accessories – things joined to or included with the principal thing for the latter’s embellishment, better use, or completion, but which cannot be separated without damage or injury.
What are the general principles on Accession?
a. Accessio cedit principali - the accessory follows the principal, and not the other way around [Philippine National Bank v De Jesus, G.R. No. 149295 (2003)]
Note exception found in Art. 120, FC on reverse accession.
b. No one shall be unjustly enriched at the expense of another [Arts. 447-452]
What are the classification of Accession with respect to immovables?
- Accession Discreta - right of ownership to the fruits [441, CC]
- Accession Continua - Right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially (by external forces).
- Accession Continua Artificial or Industrial - Building, planting or sowing on land owned by another (over immovables).
- Accession Continua Natural Land Deposits, etc
- Avulsion - A known portion of land is segregated from one estate by the forceful current of a river, creek or torrent and transferred to another. [Article 459, CC]
- Uprooted Trees
- Change of course of river
- Formation of Islands
What is Accession Discreta?
Right of ownership to the fruits. [Art. 441, CC]
What is the general rule on Accession Discreta?
[GULA – Good faith, Usufruct, Lease, Antichresis]
a. Possession in good faith (fruits belong to possessor by good faith for as long as he remains in good faith)
b. Usufruct (to usufructuary)
c. Lease (to lessee in civil law lease of agricultural land; lessor gets rentals as civil fruits)
d. Antichresis
What are the kinds of fruit?
a. natural
b. industrial
c. civil
What are natural fruits?
spontaneous products of soil and the young and other products of animals [Art. 442 (1), CC]
What is the rule on young of animals?
Partus sequitur ventrem (children would inherit the legal status of their mothers): To the owner of female animals would also belong the young of such animals although this cannot apply when the owner mixes his cattle with those of another and they interbreed, thus co-ownership is applied. [Siari Valley Estate v. Lucasan, G.R. No. L-13281 (1960)].
What are industrial fruits?
produced by lands of any kind through cultivation or labor [Art. 442 (2), CC].
Are standing trees considered fruits?
Standing trees are not fruits since they are considered immovables although they produce fruits themselves. However, they may be considered as industrial fruits when they are cultivated or exploited to carry on an industry, as in tree plantation.
What are civil fruits?
easily prorated for under Art. 544, CC they are deemed to accrue daily and belong to the possessor in good faith in that proportion (e.g. dividends, rents of buildings, price of leases or lands and the amount of perpetual or life annuities or other similar income).
Natural and industrial fruits are _______________ while still ungathered?
real property
Only those that are _______ or ______ are considered as natural or industrial fruits?
manifest
born
What are the Time of Accrual of the different kinds of fruits?
- Annuals: from the time seedlings appear on the ground.
- Perennials: from the time fruits actually appear on the plants.
- Young of animals: from the time they are in the womb, although unborn – beginning of maximum ordinary period of gestation.
- Fowls: from the time of incubation.
Should the owner pay expenses for fruits to third person possessor in good faith?
YES.
He who receives the fruits has the
obligation to pay the expenses incurred by a third person in the production, gathering and preservation of the fruits. [Art. 443, CC]
Exception: Owner does not have to pay if land is recovered before gathering from a possessor in bad faith.
But if owner recovers land from possessor in bad faith, he may choose to acquire the land and he can make the possessor, builder, planter, sower account for the fruits that have been gathered, with the obligation to deduct the expenses for producing, harvesting and preservation of the fruits.
What is Accession Continua?
Right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially (by external forces).
