Departamentos de Radio Nacional Saharaui
2. Programación
1. Jus Utendi: Right to enjoy and receive what the property produces
2. Jus Fruendi: Right to receive fruits
3. Jus Abutendi: Right to consume a thing by use
1. Jus Disponendi: Right to to alienate, encumber, transform or even destroy the thing owned
2. Jus Vindicandi: Right to recover possession of property based on a claim of ownership
4. Jus Possidendi: Right to possess the property (Implied from all the other rights)
III. Specific Rights under the Civil Code
Specific Rights—
1. Right to Self Help
2. Right to Enclose of Fence
3. Right to Receive Just Compensation 4. Right to Accession
5. Right to Space and Subsoil 6. Right to Hidden Treasure 7. Right to Recover Possession
Right to Self Help—
Article 429, Civil Code. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal therof. 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.
1. Authorizes the lawful possessor to use force, to prevent a threatened lawful invasion or usurpation
2. Requisites
a. Lawful possession
b. Actual or threatened unlawful physical invasion or usurpation of his property
Must not be a valid exercise of right or public function
c. Force used is reasonably necessary to repel or prevent the aggression (least damage rule)
d. Physical invasion must not have succeeded yet, and possession has not been lost
Once property is lost, the owner can no longer use force, but must file action to recover
Right to Enclose or Fence—
Article 430, Civil Code. 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.
But right is limited by servitudes existing thereon—
The owner of lower lands cannot erect works that will impede or prevent such an easement or charge, constituted and imposed by the law upon his estate for the benefit of higher lands belonging to different owners; neither can the latter do anything to increase or extend the easement. It is true that the Code authorizes every owner to enclose his estate by means of walls, ditches, fences or other device, but this right is limited by the easement imposed upon his estate. (Lunod v. Meneses)
Right to Receive Just Compensation (in case of expropriation)—
Article 435, Civil Code. 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.
CIVIL LAW REVIEWER Chapter II. OWNERSHIP
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Requisites of a Valid Expropriation a. For public use or utility
b. Necessity of expropriation: reasonable in view of purpose of the taking
c. Just compensation: Market value + consequential damages
Right to Accession—
Article 440, Civil Code. 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.
Right to Space and Subsoil—
1. Ownership of surface and everything under the property
a. Can construct works, make plantings and excavations
b. Respecting servitudes and reasonable requirements of aerial navigation
c. Easement of lateral and subjacent support
2. Subject to laws and ordinances—
The doctrine that ownership of the land extends to the periphery of the universe (Cujus est solum ejus est usque ad coelum, usque ad infernos) is no longer applied in the modern world, in view of the doctrine that the air is a public highway. (US v. Causby)
Right to Hidden Treasure—
Article 438, Civil Code. 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.
Article 439, Civil Code. 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
1. Legal concept of hidden treasure
a. Consist of money jewels or other precious objects
b. Hidden and unknown, such that the finding is a real discovery
2. Owner also owns hidden treasure found in the land subject to:
a. Right of a finder by chance who is not a trespasser/intruder: ½ of treasure b. Right of a usufructuary who finds
treasure: ½ of treasure
c. Right of State to acquire things of interest to science or the arts
Right to Recover Possession—
1. Movable Property: Replevin
for manual delivery of property
Prescription of Right: 4 years (GF) or 8 years (BF)
2. Immovable Property
a. Accion Reinvindicatoria: Recovery of ownership of real property
Including but not limited to possession
Prescription of Action: 30 years b. Accion Publiciana: Recovery of a better
right to possess (de jure)
Judgment as to who has the better right of possession
Also, actions for ejectment not filed within 1 year must be filed as accion publiciana
Prescription: 10 years
c. Accion Interdictal: Recovery of actual/physical possession (de facto)
FORCIBLE ENTRY: Lawful possessor deprived through FISTS:
o FISTS (Force, Intimidation, Strategy, Threats, Stealth) o Prescription: 1 year from
dispossession (force, intimidation, threats) or from knowledge of dispossession (strategy, stealth)
UNLAWFUL DETAINER: Possessor refused to vacate upon demand by owner
o Legal possession (by
permission/tolerance) becomes unlawful upon failure to vacate o Prescription of action: 1 year
from last notice to vacate In case of leases of residential units, the grounds for judicial ejectment are limited to those enumerated in, RA 9653: Rent Control Law of 2009 (See Section on Special Laws)
3. Requisites for Recovery [Art. 434, Civil Code]
a. Property must be identified
Through a relocation survey and a title properly identifying boundaries and location
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b. Plaintiff must rely on the strength of his title and not on weakness of defendant’s title
Right must be founded on positive title and not on lack or insufficiency of defendant’s
Ei incumbit probatio qui dicit, non qui negat: He who asserts, not he who denied must prove
IV. Limitations on Real Right of Ownership
Limitations Provided by Law—
1. In General
a. Police Power: Property taken with no compensation for general welfare
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. [Art. 436, Civil Code]
Requisites: To justify the exercise of police power, the following must appear:
o The interests of the public generally, require such interference (as distinguished from those of a particular class) o The means are reasonably
necessary for the
accomplishment of a purpose, and not unduly oppressive b. Taxation: Forced contribution to the
operation of government
c. Eminent Domain: Property taken for public use/purpose, but subject to due process and payment of just compensation
Requisites – To justify the exercise of the right of eminent domain, the following requisites must all be present:
o Private property as the object of the expropriation;
o The property is taken by the State or by competent authority;
o The purpose of the taking is for public use;
o The taking must be attended with due process of law;
o There is payment of just compensation
2. Specific Limitations
a. Legal Servitudes: once requisites are satisfied, the servient owner may ask the Court to declare the existence of an easement
Art. 644 & 678: Aqueduct
Art. 679: Planting of trees
Art. 670: Light and View
Art. 649 & 652: Right of Way
Art. 637: Passage of water from upper to lower tenements
Art. 676: Drainage of buildings
Art. 684-687: Lateral and subjacent support
b. Must not injure the rights of a third person
Sic Utere Tuo Ut Alienum Non Laedas
The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. [Art. 431, Civil Code]
c. Act in 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, Civil Code]
CIVIL LAW REVIEWER Chapter III. ACCESSION
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Chapter III. Accession
I. DEFINITION
II. GENERAL PRINCIPLES OF ACCESSION III. KINDS OF ACCESSION
IV. PRINCIPLES APPLICABLE TO EACH
A. PRINCIPLES APPLICABLE TO ACCESSION DISCRETA
B. PRINICPLES APPLICABLE TO ACCESSION CONTINUA
V. ACCESSION OVER MOVABLES
I. Definition
ACCESSION: 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
II. General Principles of Accession
1. Accessory follows the principal: presumptionof ownership of both principal and accessory 2. No one shall be unjustly enriched at the expense of another: right to acquire but with duty to reimburse
III. Kinds of Accession
1. Accession Discretaa. Natural b. Industrial c. Civil
2. Accession Continua a. Over Immovables
Industrial
Natural o Alluvion o Avulsion
o Change of Course of River o Formation of Islands b. Over Movables
Conjunction and Adjunction
Commixtion and Confusion
Specification
IV. Principles Governing Each Kind of Accession
A. Accession Discreta
Accession Discreta: Accession of Fruits—
Article 441, Civil Code. To the owner belongs:
1. The natural fruits;
2. The industrial fruits;
3. The civil fruits.
Article 442, Civil Code. 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 or 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.
1. Accession Discreta Natural
Article 444, Civil Code. Only such as are manifest or born are considered as natural or industrial fruits..
a. Spontaneous products of the soil without the intervention of man
b. The young of animals
Products of animals which can be removed without killing the principal (e.g. fleece, wool, milk, etc. but not meat, fur, hide)
Time of Accrual depending on kind:
2. Accession Discreta Industrial: Refers to fruits produced by the land through labor and cultivation
3. Accession Discreta Civil: Refers to rentals of a movable or an immovable
Principles Applicable to Accession Discreta—
1. Time of Accrual depending on kind:
a. Annuals: from the time seedlings appear on the ground
b. Perennials: from the time fruits actually appear on the plants
c. Young of animals: from the time they are in the womb, although unborn – beginning of maximum ordinary period of gestation
d. Fowls: from the time of incubation 2. A receiver of fruits has the obligation to pay
the expenses incurred by a third person in the production, gathering and preservation.
(Art. 443, Civil Code)
Exception: Receiver does not have to pay if fruits are recovered before gathering from a possessor in bad faith, receiver does NOT have to pay indemnity
But if recovered after fruits have been gathered, receiver must pay since the fruits have been separated from immovable, hence accession principles will not apply
Accession Continua over Immovables:
Accession by Attachment/Incorporation—
1. Accession Continua Artificial or
Industrial: Building, planting or sowing on land owned by another (over immovables) a. GENERAL RULE: Whatever is built,
planted or sown on the land of another +
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improvements or repairs made thereon, belong to the owner of the land subject to the rules on BPS.
b. PRESUMPTIONS:
All works, sowing and planting are presumed made by the owner
All works are presumed made at the owner’s expense, unless the contrary is proved
The owner of the principal thing owns the natural, industrial and civil fruits, except when the following persons exist:
o Possessor in Good Faith o Usufructuary
o Lessee
o Antichretic creditor c. Meaning of BAD FAITH
Bad faith
o On the part of the landowner:
Whenever the building, planting
or sowing was done with the knowledge and without opposition on his part
o On the part of owner of materials: Allows the use of his materials without protest
o On the part of the builder, planter and sower: Knows that he does not have title to the land, nor the right to build thereon OR no permission of the owner of the materials to pay their value
Bad faith leads to liability for damages and the loss of the works or
the improvement without
reimbursement
Bad faith of one party neutralizes the bad faith of the other
SUMMARY OF BUILDER, PLANTER AND SOWER PROVISIONS ART. 447-455