Subject: LAW113A - PROPERTY Units: 4

Teacher: Atty. Douglas Baldado Jr Term: 2

Time: 5:30 PM to 7:00 PM (MTTHF) Room: Zoom Room
START: August 30, 2022

Course Description: The study of the different kinds of property, the elements and
characteristics of ownership, possession, usufruct, easements or servitudes, nuisance, and
the different modes of acquiring ownership.

PART I

I. Characteristics

II. Classification – Arts. 415-418

A. Hidden Treasure – Arts. 438-9

B. Right of Accession – Art. 440
1. Fruits –Arts. 441-4
2. With respect to Immovable Property
a. Builder, planter, sower on land of another in concept of owner
(1) Builder, planter, sower in good faith – Arts. 448-456
(2) Builder, planter, sower in bad faith – Arts. 449-450
b. Usufructuary, Art. 579
3. Lands adjoining river banks
a. Alluvion – Art. 457
b. Change of course of river – Arts. 461-246, see Water Code PD
1067
c. Avulsion- Arts. 459-463
4. Islands – Arts. 464-465
C. By Object
1. Real or immovable
2. Personal or Movable
D. By Owner
1. Of public dominion
2. Of private ownership
a. Patrimonial property – distinction between private property of
individual persons, and of State entities
E. By Nature
1. Consumable/non-consumable vs. Fungible/non-fungible

III. Ownership

A. Right in general
1. Bundle of rights
a. Jus utendi, fruendi, abutendi, vindicandi, disponendi (possidendi)
(1) Actions to recover ownership and possession of real
property
(a) Distinctions between accion reivindicatoria, accion
publiciana, accion interdictal
(b) Distinction between forcible entry and unlawful
detainer
 (2) Actions for recovery of possession of moveable property
(3) Requisites for recovery of property – proof of right;
identity; reliance on strength of own evidence not weakness of
defendant’s claim
2. Distinction between real and personal rights
B. Modes of acquiring ownership
1. original, derivative
C. Limitations
1. General limitations – taxation, eminent domain, police power
2. Specific Limitations – imposed by law, sic utere tuo, nuisance, stat of
necessity, easements voluntarily imposed by owner: servitudes, mortgages
imposed by contract

IV. Accession

A. Right to hidden treasure

B. General Rules:
1. For immovables:
a. Accession discreta (natural and industrial civil fruits)
and continua (over immovables: artificial/industrial and natural)
b. Accession industrial (building, avulsion, rivers, islands)
c. Accession natural (accretion, avulsion, rivers, islands)
2. For movables:
a. Accession continua (conjuction, adjunction, commixtion/
confusion, specification)
b. Rules for determining the principal and accessory

V. Quieting of title to/interest in and removal/prevention of cloud over title

to/interest in real property

A. Requirement
B. Distinction between quieting title and removing/preventing a cloud
C. Prescription/non-prescription of action

VI. Co-ownership

A. Characteristics of co-ownership
1. In general
2. Special rules:
a. Concept of condominium
(1) Condominium corporation
(2) Interest in real property
(3) Concept of common areas, amendment
(4) Documents to consider (master deed, declaration of
restrictions, articles and by-laws of the condominium corporation or
the association where applicable
b. Rights and obligations of condominium owner
(1) Contributions/Dues
(2) PD 957 and RA 6552
c. Grounds for partition of common areas, or dissolution of the
condominium
B. Source of co-ownership
C. Rights of co-owners
 1. Distinction between right to property owned in common and full
ownership over his/her ideal share
2. Right to oppose acts of alteration
3. Right to partition
4. Right to contributions for expenses (necessary expenses, taxes)
5. Waiver
6. Right to redemption of co-owners share
D. Termination/extinguishment
1. Effect of partition
2. Rights against individual co-owners in case of partition
3. Partition in case co-owners cannot agree

VII. Possession

A. Characteristics
B. Acquisition of Possession – Art. 531
C. Effects of Possession
1. Possessor in Good Faith – Arts. 544, 526-527
a. Right to pending fruits – Art. 545
b. Right to be reimbursed
(1) Necessary and useful expenses – Arts. 546-547
(2) Expenses for pure luxury – Art. 548
2. Possessor in Bad Faith – Arts. 449, 549, 552
D. Loss or Unlawful Deprivation of a Movable – Arts. 559, 1505 (3)
1. Period to Recover – Arts. 1140, 1134, 1132, 1133
2. Finder of Lost Movable – Arts. 719-720
3. Distinguished from voidable title – Art. 1506
E. In concept of owner, holder, in one’s own name, in name of another
F. Rights of the possessor
G. Loss/termination

VIII. Usufruct

A. Characteristics
B. Classification
C. Rights and obligations of usufructuary
D. Rights of the owner
E. Extinction/termination

IX. Easements – Arts. 613, 615-616

A. Characteristics
B. Classification
1. Legal easements
a. Right of way
2. Voluntary easements – Art. 688
a. Effect of Zoning ordinance
C. Modes of Acquiring Easements
1. Compulsory easements – Arts. 620-624
2. Easement of light and view – Arts. 669-673

X. Nuisance – Art. 694

XI. Action to Quiet Title – Arts. 476-480

 XII. Modes of Acquiring Ownership – Art. 712

A. Occupation – Art. 713

B. Donation
1. Definition – Arts. 725-6, 746
2. Characteristics
a. Extent to which donor may donate property
b. Reservations and reversions
3. Kinds
a. Donation Inter Vivos – Art. 729
b. Donation By Reason of Marriage – Family Code Arts. 82-83, 86
c. Donation Mortis Causa –Art. 728
d. Onerous Donation – Art. 733
e. Simple, modal, conditional
4. Formalities required
a. How made and accepted
b. Perfection
c. Differences between formalities for donation of real, personal
properties
(1) Movables – Art. 748
(2) Immovables – Art. 749
5. Qualifications of donor, donee
6. Effects of donation/limitations
a. In general
b. Double donations
c. Excessive/inofficious
d. Scope of amount – Arts. 750-752
e. In fraud of creditors – Art. 759
7. Void Donations – Arts. 739-740, 1027
8. Revocation or reduction
a. Grounds for revocation, grounds for reduction
b. How done
c. Effects
d. Prescription
e. Innofficious Donations – Arts. 760-761, 771-775
f. Ingratitude – Arts. 765, 769

PART II

I. GRADING SYSTEM

COMPONENTS PERCENTAGE

Attendance 5%
Project /
Activity 10%
Quizzes 15%
Finals 70%
Total 100%

II. References: Any Property Law Books, Codal