Week 4-7 Property Rights (Part 1) - Ownership

Question 1

NCC. Art. 427. Ownership may be exercised over […].

Answer 1

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

Question 2

NCC. Art. 712. Ownership is acquired by […].

Ownership and other real rights over property are acquired and transmitted […].

They may also be acquired by means of […].

Answer 2

NCC. Art. 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition.

They may also be acquired by means of prescription.

Question 3

What is the definition of Ownership?

Answer 3

Filomusi - “the independent and general power of a person over a thing for purposes recognized by law and within the limits established thereby”

Scialoja - “a relationn in private law by virtue of which a thing pertaining to one person is completely subjected to his will a thing pertaining to one person is completely subjected to his will in everything not prohibited by public law or the concurrence with the rights of another.”

Question 4

Art. 428. The owner has the right to […], without other limitations than those established by law.

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

Art. 429. The owner or lawful possessor of a thing has the right to […] from the enjoyment and disposal thereof. For this purpose, he may use […] of his property.

Answer 5

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 6

Art. 430. Every owner may endorse 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.

Answer 6

Art. 430. Every owner may endorse 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 7

Art. 431. The owner of a thing cannot […].

Answer 7

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

Question 8

What jus utendi?

Answer 8

Jus utendi = the right to receive from the thing what it produces;

Question 9

What is jus abutendi?

Answer 9

Jus abutendi – the right to consume the thing by its use.

Question 10

What is jus disponendi?

Answer 10

Jus disponendi – the power of the owner to alienate, encumber, transform, and even destroy the thing owned.

Question 11

What is jus vindicandi?

Answer 11

Jus vindicandi – the right to exclude from the possession of the thing owned by any other person to whom the owner has not transmitted such thing, by the proper action for restitution, with the fruits, accessions, and indemnification of damages.

Question 12

True or False: The possessor has the presumption of title in his favor.

Answer 12

True. The possessor has the presumption of title in his favor, but if the plaintiff can prove his title as owner and establish the identity of the property claimed as his, he will be entitled to recover the property, even if the possession seems legalized by a conveyance.

Question 13

Is the right of ht owner to maintain an action to recover property in the wrongful possession of another person a transmissible right?

Answer 13

Yes. The right of the owner to maintain an action to recover possession of property wrongfully taken from him, can be transferred by him, and his transferee can maintain the action against the wrongdoer.

Question 14

True or False. A person in peaceful possession of property may be ousted by force or violence.

Answer 14

False. A person in peaceful possession of property must be respected in his possession and cannot be required to surrender possession until a competent court rules otherwise. He cannot be ousted by force or violence.

Question 15

What are the four actions for recovery of possession of immovable property?

Answer 15

• Accion reivindicatoria
• Accion publiciana
• Forcible Entry
  
  • Unlawful detainer

Question 16

What is the action to recover personal property?

Answer 16

Possession of personal property may be recovered by an action known as replevin or for manual delivery of such property.

Question 17

When possession of land by another is due to tolerance of the owner, the action for ejectment is […], not […].

Answer 17

When possession of land by another is due to tolerance of the owner, the action for ejectment is accion publiciana, not forcible entry or unlawful detainer (Tolentino, Civil Code vol.2, p.54)

Question 18

What is the difference between accion reinvindicatoria and plenary action to recover possession?

Answer 18

The action for recovery of real property (accion reinvindicatoria) is essentially different from the plenary action to recover possession. The former has for its object the recovery of the dominion over the property as owner, while the latter refers to restitution of the possession only. (Tolentino, Civil Code vol. 2, p. 54)

Question 19

When is an action for forcible entry and unlawful detainer appropriate?

Answer 19

An action for forcible entry and unflawful detainer may be applied with before the court when “[a} person [is] deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a landlord, vendor, vendee or other person against whom the possession of any land or building is unlawfully withheld after the expiration of termination of the right to hold possession.” (Tolentino, Civil Code vol. 2, p. 51)

Question 20

When should the action for forcible entry and unlawful detainer be filed?

Answer 20

An action for forcible entry and unlawful detainer may be filed any time within one year after such unlawful deprivation or withholding of possession. (Tolentino, Civil Code vol. 2, p. 51).

Question 21

When is a person entitled to a writ of possession?

Answer 21

After land has been registered under the Torrens system of registration, the original registered owner is entitled to a writ of possession, not only against fthe parties who appear and answer in the land registration proceedings, but also against all those who, having been served with process, do not appear or answer. [Tolentino, Civil Code vol. 2, p. 56].

Question 22

How many times can a writ of possession be issued?

Answer 22

A writ of possession will be issued only once, and only against parties in possession of the property at the time of the registration. (Tolentino, Civil Code vol 2, p. 56)

Question 23

Is the writ of possession proper remedy to eject another from possession?

Answer 23

As a general rule, no. However, this rule admits exceptions: (1) a land registration proceeding; (2) an extrajudicial foreclosure of mortgage or real property; (3) a judicial foreclosure of property provided that the mortgagor has possession and no third party has intervened; and (4) execution sales. (Tolentino, Civil Code vol 2, p. 56)

Question 24

Is a writ of injunction the proper remedy to recover possession?

Answer 24

As a general rule: no. However, there is an exception: “where the plaintiff is admittedly the owner of the property, and is in possession thereof, he is entitled to the equitable remedy of injunction to prevent or restrain acts of trespass and illegal interference by other with the possession of the property. And even if it turns out that he is not the owner, as long as he is actually in possession in concept of owner for more than one year, he may protect his possession by injunction.” (Tolentino, Civil Code vol. 2, p. 57).

Question 25

What are the limitations on ownership?

Answer 25

The limitations to ownership may be classified as follows:

1. general limitations for the benefit of the State, including the power of eminent domain, police power, and the power of taxation;
2. specific limitations imposed by law, such as legal servitudes;
3. limitations imposed by the party transmitting property, either by contract or by last will;
4. limitations imposed by the owner himself, such as voluntary servitudes, mortgages, pledges, and lease rights; and
5. inherent limitations arising from conflicts with other similar rights, such as those caused by contiguity of property.

Question 26

Are stipulations on inalienability valid?

Answer 26

Yes, but only to a certain extent. If the prohibition is perpetual, it is considered as absolutely void; a prohibition for a long time may be considered perpetual. On the other hand, a temporary prohibition on alienation is valid if it is for a short time, and it serves some serious and lawful interest, which may be that of the grantor, the grantee, or a third person. (Tolentino, Civil Code vol 2, p. 61)

Question 27

Art. 249. The owner of 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.

Answer 27

Art. 249. The owner of lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, […].

Question 28

What is the principle of self-help?

Answer 28

The principle of self-help authorizes the lawful possessor to use force, not only to prevent a threatened unlawful invasion or usurpation thereof. (Tolentino, Civil Code Vol 2, P.62)

Question 29

What are the two kinds of actual invasion of property, and when may force be applied?

Answer 29

The actual invasion of property may consist of a mere disturbance of possession or of a real dispossession.

Mere disturbance – force may be used against the person causing disturbance as long as the disturbance continues.

Real dispossession – force to regain possession can be used only immediately after the dispossession. A delay, even if excusable, such as when due to the ignorance of the dispossession, will bar the right to the use of force. Once the usurper’s possession has become firm by the lapse of time, the lawful possessor must resort to the competent authority to recover his property.

Question 30

Art. 476. Whenever there is a […] or any interest therein, by reason of any i_______, r_____, c____, e_______ or p______ which is apparently ____________ but is in truth and in fact i____, i____, v____, or u____, and may be prejudicial to said title an action may be brought to remove such cloud or to ____________.

An action may also be brought to _________________.

Answer 30

Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title an action may be brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.

Question 31

Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject-matter of the action. He need not be in possession of said property.

Answer 31

Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject-matter of the action. He need not be in possession of said property.

Question 32

Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription.

Answer 32

Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription.

Question 33

Art. 479. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimbruse him fro expenses that may have redounded to the plaintiff’s benefit.

Answer 33

Art. 479. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimbruse him fro expenses that may have redounded to the plaintiff’s benefit.

Question 34

Art. 480. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code.

Answer 34

Art. 480. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code.

Question 35

Art. 481. The procedure for the quieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the Supreme Court shall promulgate.

Answer 35

Art. 481. The procedure for the quieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the Supreme Court shall promulgate.

Question 36

When may an action to quiet the title be filed?

Answer 36

Art. 476.

Question 37

What are the requirements on the part of the plaintiff in order to have a right to quiet the title?

Answer 37

Art. 477

Question 38

When may there also be an action to quiet title? (clue: extinctive prescription)

Answer 38

Art. 478

Question 39

<Insert doctrine for Heirs of Olviga v. CA>

Answer 39

<Insert doctrine for Heirs of Olviga v. CA>

Question 40

Insert doctrine for Titong v CA

Answer 40

Insert doctrine for Titong v CA

Question 41

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.

Answer 41

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 42

What are the limits on the owner’s right to fence his own land?

Answer 42

see Art. 430. p. 65 Tolentino

Question 43

What are the rights of the owners?

Answer 43

The rights of owners are as follows:

• Right to exclude; Self-help (NCC 429-430);
• Right to legal action;
• Right to enclose or fence;
• Right to receive just compensation in case of expropriation;
• Right to hidden treasure;
  
  • Right to accession (NCC 426)

Question 44

What are the rights of the owners?

Answer 44

The rights of owners are as follows:

• Right to exclude; Self-help (NCC 429-430);
• Right to legal action;
• Right to enclose or fence;
• Right to receive just compensation in case of expropriation;
• Right to hidden treasure;
• Right to accession (NCC 426)

Question 45

What are the available actions to recover possession/ownership of immovable property?

Answer 45

a) Accion Reivindicatoria
b) Accion Publiciana
c) Forcible Entry
d) Unlawful Detainer

Question 46

What are the available actions to recover possession/ownership of personal property?

Answer 46

a) Replevin
b) *Writ of Injunction
c) *Writ of possession

Question 47

What is the remedy of Quieting of Title?

Answer 47

Quieting of Title (NCC 476-481, 1147; Rule 64, Sec.1, par. 2 of the Rules of Court)
• Heirs of Olviga vs. Court of Appeals, 227 SCRA 330
• Titong vs. Court of Appeals, 287 SCRA 102

Question 48

Art. 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.

Answer 48

Art. 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.

Question 49

What is the definition of accession?

Answer 49

Accession may be defined as the right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseparably united or incorporated thereto, either naturally or artificially.

The equipment of a movie house, as accessories, follow the ownership of the principal. [Tolentino, p. 97].

Question 50

What are the general principles of accession?

Answer 50

The general principles of accession (NCC Art. 447-453) are:

Question 51

What are the kinds of accessions?

Answer 51

• Accession discreta (NCC 440-441);
  
  • Natural (NCC 442-444);
  • Industrial (NCC 442);
  • Civil (NCC 442);
• Accession continua
  
  • Over immovables (NCC 447-456);
  • Over movables (NCC 466-475);
  • Natural
    
    • Aluvion (NCC 457); Avulsion (NCC 459); River Bed (NCC 461-463; PD 1067; Art. 58); Islands (NCC 466-475).

Question 52

Are accession discreta and accession continua based on the same principles?

Answer 52

No. Accession discreta is based on principles of justice; it is only just that the owner of a thing should also own whatever it produces, unless there is some special reason for a contrary solution.

On the other hand, accession continua is generally based on necessity and utility, it being more practical that the owner of the principal thing should own the new things instead of a co-ownership being established.

Question 53

What are the basic principles upon which the doctrine of accession rests on?

Answer 53

1. That to the owner of a thing belongs the extension or increase of such thing;
2. That this extension of the right of ownership is realized, as a general rule, under the juridical principle that the accessory follows the principal, accessio cedit principali, or that the owner of the latter acquires or extends his ownership over the former;
3. That this incorporation of the accessory with the principal, saving the exceptions provided by law, is effected only when two things are so united that they cannot be separated without injuring or destroying the juridical nature of one of them.

Question 54

Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.

Industrial fruits are those produced by lands of any kind through cultivation of labor.

Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income.

Answer 54

Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.

Industrial fruits are those produced by lands of any kind through cultivation of labor.

Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income.

Question 55

Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third person in their production gathering, and preservation.

Answer 55

Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third person in their production gathering, and preservation.

Question 56

What are the expenses covered (reimburseable) under Art. 443?

Answer 56

The expenses, to be reimbruseable under [Art. 443], must have two characteristics: (1) they must be dedicated to the annual production, and not for the improvement of the property, and (2) they must not be unnecessary, excessive, or for pure luxury, but must be of such an amount naturally required by the condition of the work or the cultivation made.

Question 57

Does the owner pay the expense even when the expenses exceed the value of the fruits?

Answer 57

Yes, even when the expenses exceed the value of the fruits, the owner must pay such expenses just the same, because the law makes no distinction. [Tolentino, p. 105].