Resultados del estudio

They belong to the State if [NCC 464]:

(1) Formed on the seas within the jurisdiction of the Philippines.

(2) Formed on lakes, or

(3) Formed on navigable or floatable rivers:

(a) Capable of affording a channel or passage for ships and vessels;

PAGE 104 OF 102 (b) Must be sufficient not only to float

bancas and light boats, but also bigger watercraft;

(c) Deep enough to allow unobstructed movements of ships and vessels.

TEST: can be used as a highway of commerce, trade and travel.

Note: There is no accession when islands are formed bythe branching of a river; the owner retains ownership of the isolated piece of land.

They belong to the owners of the nearest margins or banks if [NCC 465]:

(1) Formed through successive accumulation of alluvial deposits

(2) On non-navigable and non-floatable rivers (3) If island is in the middle: divided

longitudinally in half.

(4) if nearer to one margin or bank, to the nearer reparian owner

Note: If a landowner allows the sea or a lake to eat up his land completely, it is a case of natural

expropriation and if the land later reappears, he does not regail ownership thereof.

[Republic v. Cabangis (1929)]

Landowner [LO] in Good Faith Landowner [LO]in Bad

Faith

Builder, Planter, Sower [BPS]

in Good Faith

Rights of Landowner [NCC 448]

Options:

Buy from BPS but only after payment of indemnity for necessary, useful and ornamental expenses [NCC 546 and 548]; BPS in good faith has right of retention;

Sell to BP (unless the value of the land is considerably more than that of the building or trees); or

Remedy: Rent to BP if LO does not want to buy

Note: If BP refuses or cannot purchase the land, he loses his right of retention and must turnover possession to

landowner.

Rent to S.

Absolute Duties of Landowner [NCC 447]:

Pay damages; and Allow removal even if it causes damage or destruction; or

Buy or pay for value of improvement.

Builder, Planter, Sower [BPS]

in Bad Faith

Rights of Landowner [NCC 449-452]

Options:

Appropriate the improvements without paying indemnity;

Demolish/Remove the work of BPS at the expense of BPS;

Sell to BP without any right to refuse even if value of land is considerably whole; or

Rent to the S

Absolute right to Damages from BPS.

Same as though both landowner and BPS are in good faith

Note: Good faith does not necessarily exclude negligence, which gives rise to damages under Article 2176 (NCC 456).

PAGE 105 OF 102

Landowner [LO] in Good Faith Landowner [LO]in Bad Faith Owner of

Material [OM]

in Good Faith

Right of Landowner [NCC 447]

To buy the improvements unless OM can remove without damage.

Absolute Duties of Landowner [NCC 447]:

Pay damages; and

Allow removal in any event; or Pay for value of material.

Owner of Material [OM]

in Bad Faith

Absolute Rights of Landowner [NCC 447]

To appropriate the materials without payment.

Right to damages from OM.

Same as though both landowner and material manare in good faith

Landowner BPS Owner of Material [OM]

Good faith Options:

(1) Right to acquire improvements and pay indemnity to BPS;

subsidiarily liable to OM;

(2) Sell the land to BP except if the necessary and useful expenses are paid; subsidiarily to landowner if BPS is insolvent; and

(2) Limited right of removal (if and pay indemnity to BPS;

(2) Sell land to BP except if the value of the land is considerably more; or (3) Rent to S.

Good faith

(1) Right of retention until necessary and useful expenses are paid.

(2) Keep BPS without indemnity to OM and collect damages from him. damages from BPS in any case and the option to either

(a) Acquire improvements w/o paying for indemnity;

(b) Demolition or restoration; or (c) Sell to BP, or to rent to sower (2) Pay necessary expenses to BPS.

Bad faith

Recover necessary expenses for preservation of land from landowner unless landowner landowner but may be liable to landowner for good faith under Article 453

Bad faith

Same as when all acted in good faith under Article 453

PAGE 106 OF 102

Note: If there are 3 parties in BPS, solve the problem by considering the options open to the landowner vis-à-vis BPS depending on their good faith or bad faith; apply NCC 455 re: one who acted in good faith.

Bad faith

(1) Acquire improvement after paying indemnity and damages to BPS unless the latter decides to remove.

(2) Subsidiarily liable to OM for value of materials if he acquires BPS and damages; no subsidiary liability if BPS chooses removal in any event.

Good faith

(1) May remove

improvements.

(2) Be indemnified for damages in any event (3) Pay OM the value of the

materials

Good faith

(1) Remove materials at any event

(2) Collect value of materials from BPS; subsidiarily from landowner, if landowner is made to pay for BPS and damages

Good faith Options:

(1) Right to acquire improvements and pay indemnity to BPS;

subsidiarily liable to OM;

(2) Sell the land to BP except if the value of the land is considerably more; or

(3) Rent to S.

Bad faith

(1) No right of retention.

(2) Pay value of materials to OM and pay him damages.

Good faith

(1) Collect value of materials primarily from BPS and subsidiarily from landowner, if landowner acquires the BPS.

(2) Collect damages from BPS.

(3) Absolute right to remove materials in any event.

Good faith

(1) Landowner has right to collect damages from BPS in any case and the option to either

(a) Acquire improvements w/o paying for indemnity;

(b) Demolition or restoration; or (c) Sell to BP, or to rent to sower (2) Pay necessary expenses to BPS.

Bad faith

(1) Right to necessary expenses.

(2) Pay value of materials to OM.

(3) Pay damages to OM/LO.

Good faith

(1) Collect value of materials primarily from BPS and subsidiarily from landowner (2) Collect damages from BPS (3) If BPS acquires

improvements, absolute right of removal in any event.

Bad faith

Acquire improvements and pay indemnity and damages to BPS unless the latter decides to remove materials.

Good faith

(1) Receive indemnity for damages.

(2) Absolute right of

removal of

improvements in any event.

Bad faith

(1) No right to indemnity.

(2) Loses right to the materials.

PAGE 107 OF X A.2. WITH RESPECT TO MOVABLE

PROPERTY