Title II. Ch. 1. Ownership in General

Question 1

Art. 427. Ownership may be […].

Answer 1

Art. 427. Ownership may be exercised over things or rights.

Question 2

What is the definition of ownership?

Answer 2

Ownership is that independent right of a person to exclusive enjoyment and control of a thing including its disposition and recovery subject only to the restrictions or limitations established by law and the rights of others. [DE LEON, COMMENTS AND CASES ON PROPERTY, 77 (2005 ed.).]

Question 3

What are the kinds of ownership?

Answer 3

The kinds of ownership are:

• Full ownership– naked ownership+beneficial ownership;
• Naked ownership– has the title but no right to use and to fruits;
• Beneficial ownership/usufruct– no title but has the right to use and fruits;
• Sole ownership– ownership is vested in one person; and
• Co-ownership– ownership is vested in two or more persons.

Question 4

Art. 428. The owner has the […], without […].

The owner has also a […] of the thing in order to recover it.

Answer 4

Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

The owner has also a right of action against the holder and possessor of the thing in order to recover it.

Question 5

What are the rights included in ownership?

Answer 5

The rights included in ownership are PUFADAV:

1. Jus possidendi – the right to possess;
2. Jus utendi – the right to use and enjoy;
3. Jus fruendi – the right to the fruits;
4. Jus accessionis – the right to accessories;
5. Jus disponendi – the right to dispose or alienate;
6. Jus abutendi – the right to consume the thing by its use (the right to abuse); and
7. Jus vindicandi – the right to vindicate or recover.

Question 6

What are the actions available to recover possession and/or ownership or property?

Answer 6

The form of actions available to the owner to judicially recover his property depends on whether the property is real or personal, and whether the purpose of the action is merely to recover possession or ownership, or both to recover possession and vindicate his ownership.

Recovery of personal property – replevin or manual delivery of personal property (governed by Rule 60 of the Rules of Court)

Recovery of real property – 3 Kinds: (1) accion interdictal – forcible entry or unlawful detainer; (2) plenary action to recover possession (accion publiciana, or plenaria de possession); and (3) accion reivindicatoria or accion reivindicacion or action to recover possession based on ownership.

Question 6

What is accion interdictal?

Answer 6

Accion interdictal comprises two distinct causes of action i.e. forcible entry (detencion) and unlawful detainer (desahuico).

Question 7

Who may institute forcible entry or unlawful detainer (accion interdictal)?

Answer 7

Forcible entry or unlawful detainer (accion interdictal) are two forms of an ejectment suit which may be instituted by “a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or landlord, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, expressed or implied, or the legal representatives or assigns of any such landlord, vendor, vendee, or other person.”

Question 8

What is the time period by which an accion interdictal may be filed?

Answer 8

“Within one year from the date of actual entry on the land or from the date of last demand to vacate, as the case may be.”

Question 9

What is the difference between forcible entry and unlawful detainer?

Answer 9

The main difference between forcible entry and unlawful detainer lies in the time when the possession became unlawful – in forcible entry, it is from the time of entry, while in unlawful detainer, possession which was first lawful later became illegal.

Question 10

What is plenary action to recover possession or accion publiciana or plenaria de possession?

Answer 10

Plenary action to recover possession or accion publiciana or plenaria de possession is an ordinary civil proceeding to recover the better right of possession of realty independently of title, except in cases of forcible entry and unlawful detainer, that is, dispossession by means other than those mentioned in Section 1 Rule 70 of the Rules of Court or where the one-year period for bringing the accion interdictal has already expired.

Question 11

What is the period by which to bring accion publiciana to the court?

Answer 11

The action (accion publiciana or accion reivindicatoria) must be brought in the proper regional trial court within a period of ten years otherwise the real right of possession is lost.

Question 12

What is an action to recover possession based on ownership or accion reivindicatoria or accion reivindicacion?

Answer 12

Action to recover possession based on ownership or accion reivindicatoria or accion reivindication seeks the recovery of possession based on ownership, also brought in the regional trial court in an ordinary civil proceeding. In this action, the issue involved is ownership which ordinarily includes possession although a person may be declared owner but he may not be entitled to possession because the possessor has some rights which must be respected.

Question 13

What are the ancillary remedies of the owner?

Answer 13

• Writ of possession – commands sheriff to give property to the owner
• Writ of preliminary injunction – requires or prohibits the defendant to/from do/doing something
  
  • Clear and positive right over the property; acts of defendant are violative of such right; must be filed within 10 days from the filing of a case of Forcible Entry or Unlawful Detainer

Question 14

What are the limitations on ownership?

Answer 14

The limitations on the right of ownership may be classified as follows:

1. General limitations – those imposed in general by the State in the exercise of power of taxation, police power, and power of eminent domain;
2. Specific limitations – those imposed by law such as legal easement and the requirement of legitimate succession;
3. Limitations by grantor – those imposed by the grantor of the property on the grantee, either by contract (e.g. donation) or by last will;
4. Limitations by the owner himself – those imposed by the owner himself, such as voluntary easement, mortgage, pledge, and lease; and
5. Inherent limitations – those arising from conflicts of private rights such as those which take place in accession continua.

Question 15

Art. 429. The owner or lawful possessor of a thing has the right to […]. For this purpose, he may use such force as may be […].

Answer 15

Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.

Question 16

What is the doctrine of self-help?

Answer 16

The doctrine of self-help “authorizes the lawful possessor to use force, not only to prevent a threatened unlawful invasion or usurpation thereof.”

Question 17

What are the requisites for the application of the doctrine of self-help?

Answer 17

The requisites for the application of the doctrine of self-help is NORA:

1. No delay – self-help can only be exercised at the time of an actual or threatened dispossession, or immediately after the dispossession. Once delay has taken place, even if excusable, judicial recourse is the proper course of action;
2. Owner or lawful possessor – The person defending his property must be the owner or lawful possessor; if his possession is wrongful, he has no right to use force;
3. Reasonable force – only such force as may be reasonably necessary to repel or prevent an invasion or usurpation of his property;
4. Actual or threatened physical invasion or usurpation – the person against whom force is employed has acted or is acting wrongfully or unlawfully; self-help not available against a sheriff doing his job.

Question 18

Art. 430. Every owner may enclose or […], or by any other means without […].

Answer 18

Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon.

Question 19

Art. 431. The owner of a thing cannot make use thereof in […].

Answer 19

Art. 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person.

Question 20

Art. 432. The owner of a thing has no right to prohibit the interference of another with the same, if […], compared to […]. The owner may demand from […].

Answer 20

Art. 432. 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.

Question 21

What are the two requisites for the application of Art. 432?

Answer 21

The requisites for the application of Art. 432 are:

(1) Interference necessary – the interference must be necessary to avert an iminent danger and the threatened damage to the actor or a third person;
(2) Damage to another much greater than damage to property – the imminent danger or threatening damage, compared to the damage arising to the owner from the interference, must be much greater.

Question 22

Art. 433. Actual possession under claim of ownership raises a […]. The true owner must resort to […] for the recovery of the property.

Answer 22

Art. 433. Actual possession under claim of ownership raises a disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property.

Question 23

What are the two requisites to raise the disputable presumption of ownership?

Answer 23

There are two requisites to raise the disputable presumption of ownership:

1. There must be actual (physical or material) possession of the property;
2. The possession must be under claim of ownership.

Question 24

Art. 434. In an action to recover, the property must […], and the plaintiff must rely on […].

Answer 24

Art. 434. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim.

Question 25

What are the two requisites in an action to recover according to Art. 434 of the NCC?

Answer 25

The requisites are:

1. Identity of the property;
2. Strength of the plaintiff’s title.

Question 26

Art. 435. No person shall be deprived of his property except […] and for […]and always upon […].

Should this requirement be not first complied with, the courts shall protect and, in a proper case, […].

Answer 26

Art. 435. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation.

Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession.

Question 27

The right or power of the State, or of those to whom the power has been lawfully delegated, to take (or expropriate) private property for public use upon paying to the owner a just compensation.

Answer 27

The power of eminent domain.

Question 28

What are the requisites of eminent domain?

Answer 28

The following are the requisites of eminent domain:

1. The taking must be done by competent authority;
2. It must be for public use;
3. The owner must be paid just compensation; and
4. The requirement of due process of law must be observed.

Question 29

Art. 436. When any property is condemned or seized by competent authority in the interest of […], the owner thereof shall not […], unless […].

Answer 29

Art. 436. When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified.

Question 30

Art. 437. The owner of a parcel of land is the owner of […], and he can construct thereon any works or make any plantations and excavations which he may deem proper, without […]. He cannot complain of the […].

Answer 30

Art. 437. The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. He cannot complain of the reasonable requirements of aerial navigation.

Question 31

Art. 438. Hidden treasure belongs to the […].

Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by […]. If the finder is a trespasser, […].

If the things found be of interest to science or the arts, the State may […].

Answer 31

Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.

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

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

Question 32

When is the finder entitle to one-half of the hidden treasure found?

Answer 32

The finder is entitled to one-half of the hidden treasure when: (1) he found it in the property of another person; (2) it was found by chance; (3) he was not a trespasser.

Question 33

Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of […].

Answer 33

Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear.