REVIEWER IN PROPERTY LAW

TITLE I: CLASSIFICATION OF PROPERTY to have them permanently attached to the

land and forming a permanent part of it;
What is property? the animals in these places are included;
- Property may be defined as anything 7. Fertilizer actually used on a piece of land
which is or may be the object of 8. Mines, quarries, and slag dumps, while
appropriation. the matter thereof forms part of the bed,
and waters either running or stagnant
Classification of property? 9. Docks and structures which, though
floating, are intended by their nature and
According to its nature: object to remain at a fixed place on the
1. Immovable or real river, lake, or coast;
2. Movables or personal 10. Contracts for public works, and
servitudes and other real rights over
According to its ownership: immovable property.
1. Public dominion
2. Private ownership Different classes of immovables: (NIDA)
1. Immovables by nature. (1-lands and
What are considered IMMOVABLES: roads and 8)
(LTESM-AFMDC) or 2. Immovables by incorporation (1-except
lands and roads, 2, 3, and 4)
Little Things End Small Matters – A Filipino 3. Immovables by destination (4, 5, 6, 7,
Medical Doctor Cures and 9)
4. Immovables by analogy (10)
1. Land, buildings, roads and constructions
of all kinds adhered to the soil; Machineries considered as immovables when:
2. Trees, plants, and growing fruits, while 1. The machineries must be placed by the
they are attached to the land or form an owner of the tenement;
integral part of an immovable; 2. An industry or works must be carried on
3. Everything attached to an immovable in in the tenement;
a fixed manner in such a way that it 3. The machinery must be intended for such
cannot be separated therefrom without industry or works; and
breaking the material or deterioration of 4. The machinery must tend directly to meet
the object; the needs of such industry or works
4. Statues, reliefs, paintings or other objects
for use or ornamentation, placed in What are considered MOVABLES:
buildings or on lands by the owner of the (O-FATSS)
immovable in such a manner that it 1. Those movables susceptible of
reveals the intention to attach them appropriation which are not included in
permanently to the tenements; Art. 415;
5. Machinery, receptacles, instruments or 2. Real property which by any special
implements intended by the owner of the provision of law is considered as
tenement for an industry or works which personalty;
may be carried on in a building or on a 3. Forces of nature which are brought
piece of land, and which tend directly to under control by science;
meet the needs of the said industry or 4. In general, all things which can be
works; transferred from place to place without
6. Animal houses, pigeon houses, beehives, impairment of the real property to which
fish ponds or breeding places of similar they are fixed;
nature, ni case their owner has placed
them or preserves them with the intention
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

5. Obligations and actions which have for by extraordinary prescription

their object movables or demandable prescription prescription
sums; and
6. Shares of stock of agricultural,
commercial and industrial entities, Remedies available to recover the possession of
although they may have real estate real property: (IPR)
1. Accion interdictal
Tests to determine WON movables: (CON) 2. Accion publiciana
1. Whether the object can be transported 3. Accion reivindicatoria
from place to place;
2. Whether the change of location can take Property of Public Dominion:
place without injury to the immovable to 1. Those intended for public use
which it may be attached; and 2. Those belong to the state that are intended
3. Whether it is not included in the for some public service or for the
enumeration found in Art. 415 of the development of the national wealth
NCC. 3. Property for public use, in the provinces,
cities, and municipalities, such as
Difference between immovable and movable provincial roads, city streets, municipal
property: (JCO-MMR) streets, squares, fountains, public waters,
promenades, and public works for public
service paid for by said provinces, cities,
Immovable Movable or municipalities
As to cannot be can be brought
mobility brought from from one place to Characteristics of property of public
one place to another dominion: cannot be: (PEBAA)
another 1. They cannot be appropriated
2. They cannot be the subject matter of
As to subject to real always subject to contracts; hence, they cannot be
mortgage estate mortgage; chattel mortgage alienated or encumbered
and sometimes but never real 3. They cannot be acquired by prescription
chattel mortgage estate mortgage 4. They cannot be subject to attachment or
but only as to
execution
the parties to the
contract
5. They cannot be burdened by any
voluntary easement
As to should be not needed
registration registered in unless exceeded Classification of lands of public domain:
public the amount (FAMN)
instrument provided by law 1. Agricultural
2. Forest or timber
As to under the court under the court 3. Mineral lands
jurisdiction where the where the 4. National Parks
immovable plaintiff or
property is defendant resides
located What is patrimonial property?
- Those property of the State which are not
As to the subject for subject for theft intended for public use, or for public
criminal act usurpation of service, or for the development of the
property national wealth as well as those property
of provinces, cities and municipalities
As to the can be acquired cannot be which are not intended for public use are
ownership by ordinary and acquired by patrimonial.

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

When does alluvion occur? 1. To construct any works, make any

1. That the deposit of soil or sediment be plantation, excavation on the surface or
gradual and imperceptible; subsurface of his land;
2. That it be the result of the action of the 2. To the ownership of all or a part of
waters of the river (sea) hidden treasures found in his property;
3. That the land where accretion takes place 3. To the ownership of all accession to his
is adjacent to the bank of rivers (sea property;
coast) 4. To recover the property from any
holder/possessor;
TITLE II: OWNERSHIP 5. To dispose of the property;
6. To just compensation in case of eminent
What is ownership? domain;
- Ownership may be defined as the 7. To enjoy the property;
independent right of exclusive enjoyment 8. To exclude any person from the
and control of a thing for the purpose of enjoyment and disposal of the property;
deriving therefrom all advantages 9. To enclose or fence his land or tenement.
required by the reasonable needs of the
owner and the promotion of the general Doctrine of self-help: (FAIR)
welfare but subject to the restrictions 1. The force must be employed by the
imposed by law and the rights of others. owner or lawful possessor of the
property;
Rights of the owner: (VUFAD) 2. There must be an actual or threatened
1. Jus utendi - right to use physical invasion or usurpation of the
2. Jus fruendi - right to enjoy the fruits property;
3. Jus abutendi - right to consume the thing 3. The invasion or usurpation must be
by its use unlawful; and
4. Jus disponendi - right to dispose 4. The force employed must be reasonably
5. Jus vindicandi - right to vindicate necessary to repel the invasion or
usurpation.
Limitations upon the right of ownership:
(POGIS) What is hidden treasure?
1. General limitations imposed by the State - By treasure is understood, for legal
for its benefit such as the power of purposes, any hidden and unknown
eminent domain, the police power, and deposit of money, jewelry, or other
the power of taxation precious objects, the lawful ownership of
2. Specific limitations imposed by law, which does not appear (Art. 439)
such as legal servitudes
3. Limitations imposed by the party Requisites of hidden treasure:
transmitting the property either by 1. The treasure must consist of money,
contract or by will jewelry or other precious objects;
4. Limitations imposed by the owner 2. It must be hidden and unknown;
himself, such as voluntary servitudes, 3. Its lawful ownership does not appear;
mortgages, pledges, and lease rights; and 4. The discovery must be by chance; and
5. Inherent limitations arising from 5. The discoverer must be a stranger and not
conflict with other rights, such as those a trespasser
caused by contiguity of property.
What is accession?
Rights of the owner as consequence of - the right pertaining to the owner of a
ownership: (CHARD-JEEE) thing over everything which is produced
thereby, or which is incorporated or
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

attached thereto, either naturally or either object

artificially. retain or
lose their
Kinds of Accession: respectiv
A. Accession discreta - anything produced: e natures
(NIC)
1. Natural fruits
What is alluvion?
2. Industrial fruits
- accretion which lands adjoining the banks
3. Civil fruits
of rivers, lakes, creeks, or torrents
B. Accession continua - anything attached
gradually receive from the effects of the
I. Immovable
currents of the waters (Art. 457).
1. Industrial (BPS)
a. Building
What is avulsion?
b. Planting
- accretion which takes place whenever the
c. Sowing
current of a river, lake, creek, or torrent
2. Natural (FAAC)
segregates from an estate on its bank a
a. Alluvion
known portion of land and transfers it to
b. Avulsion
another estate (Art. 459)
c. Change of river beds
d. Formation of Island
What is change of river beds?
II. Movable
- takes place when a river bed is abandoned
1. Adjunction or Conjunction
through the natural change in the course
(IS-TPE)
of waters (Art. 461).
a. Engraftment (inclusion)
b. Attachment (soldadura)
What is formation of island?
c. Weaving (tejido)
- it takes place either on the seas within the
d. Painting (pintura)
jurisdiction of the Philippines, on lakes,
e. Writing (escritura)
and on navigable or floatable rivers (Art.
2. Commixtion or confusion
464), or non-navigable and non-floatable
3. Specification
rivers (Art465).
Distinguish adjunction, commixture, and
What is adjunction or conjunction?
specification: (RNR)
- which takes place whenever movable
things belonging to different owners are
Adjunction Mixture Specification united in such a way that they cannot be
separated without injury, thereby forming
As to the involves at involves may involve a single object.
number least two at least only one
of things things two thing but
things form is
What is commixtion or confusion?
changed - which takes place whenever there is
mixture solid or liquid belonging to
As to the accessory co-owne accessory different owners, the mixture of solids
rule follows rship follows being called commixture, while that of a
principal results principal liquid is called confusion.

As to the the things the the new What is specification?

retentio joined things object retains - which takes place whenever a person
n of their retain their mixed or or preserves
imparts a new form to materials
nature nature confused the nature of
may the original belonging to another person

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

What is partus sequitur ventrem? Rule on Builder, Planter, Sower (BPS)

- offspring belong to the owner of the
female Owner and builder are both in good faith
1. The owner has the right to appropriate the
Exception to the rule of accession discreta or building
exception to the rule that fruits belong to the 2. The owner may compel the builder to buy
owner : (PULA) the land, provided that the value of land is
1. If the thing is in possession of a possessor not unreasonably expensive than that of
in good faith in which case such the building. In which case, the builder is
possessor is entitled to the fruits. forced to lease the land in favor of the
2. If the thing is subject to a usufruct, in landowner.
which case the usufructuary is entitled to
the fruits. Owner is bad faith, builder is good faith
3. If the thing is leased, in which case the 1. The builder has the right to compel the
lessee is entitled to the fruits of the thing, owner to pay the value of the building
although such lessee must pay the owner plus damages
rentals which are in the nature of civil 2. The builder can demolish the thing plus
fruits. damages.
4. If the thing is in the possession of an
antichretic creditor, in which case such Owner is good faith, builder is bad faith
creditor is entitled to the fruits with the 1. The owner can appropriate the building
obligation of applying them to the interest plus damages
and principal 2. The owner can demand the demolition of
the building plus damages
Distinguish antichresis and usufruct: (KECS) 3. Compel the builder to buy the land plus
Antichresis Usufruct
damages

As to it is always a need not be a Both are in bad faith

whether it is contract contract - Apply the rule as if both are in good faith
a contract
or not Distinguish between alluvion and avulsion:
(O-PIA)
As to the always a real either real or
subject property personal property Alluvion Avulsion
matter
As to the belongs to the ownership is
As to the accessory a real right ownership riparian owner retained
kind of contract or
contract contract of As to the gradual abrupt or
security process sudden

As to the creditor has the usufructuary is As to the cannot be can be

enjoyment obligation to entitled to enjoy identity of identified identified
of fruits apply the fruits the fruits accretion
to the payment
of the As to the there is merely there is
interest attachment an attachment detachment
first then
attachment

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Tests to determine the principal in adjunction of the co-owners exercise his right to
or conjunction: preserve the
property by
1. Thing as an ornament, or for its use or repairing it or by
perfection; incurring necessary
2. Thing of greater value; expenses. But as
3. If equal value, then greater volume; and much as possible, if
4. other provisions. practicable, must
inform the other
co-owners
When may an action be brought to a quiet
title? (RICE) As to Only one or any Any co-owner may
ejectment of the co-owners file an ejectment
1. Plaintiff must have equitable title thereto case case
or interest in real property; as it is beneficial to
2. There must be cloud on such title; the other
3. Cloud must be due to some (PRICE) co-owners.
proceeding, record, instrument, claim,
and encumbrance which is apparently As to acts of ALL co-owners Alteration has a
valid or effective but in truth and in fact alteration nature of
changing the
invalid, ineffective, voidable, and
property
unenforceable; and permanently,
4. The plaintiff must return to the defendant therefore the
all benefits. consent of all the
co-owners
TITLE III: CO-OWNERSHIP must be concurred
first before any
What is co-ownership? alteration can
- There is co-ownership whenever a subsist.
co-ownership of an undivided thing or
As to other Financial Improvements can
right belongs to different persons. useful majority be incurred and so
improvement other co-owners
Requisites of co-ownership: (PUR) s must consent at
1. Plurality of subjects; least the majority.
2. Unity of objects; and
3. Recognition of the ideal or intellectual
shares of the co-owners which determine How is co-ownership terminated? (MDPP)
their rights and obligations. 1. Merger or consolidation of co-owners
2. Destruction or loss
Limitations of co-ownership: (PIP) 3. Prescription in favor of third person
1. Used according to its intended purpose; 4. Partition of the property
2. Not to injure the interest of
co-ownership; and Acquisition of a co-owner of the property in
3. Not prevent other co-owners from using common by prescription: (KREL)
it. 1. He repudiates the rights of the other
co-owners;
Votes/consent needed: 2. such act of repudiation is brought to the
knowledge of such co-owners;
3. the evidence thereon is clear and
THE ACTS THE VOTES EXPLANATION conclusive, he may be able to acquire
exclusive ownership over the property by
As to repairs Only one or any Any co-owner may
prescription; and
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

4. after the lapse of the period fixed by law. enjoyment of a involves some form
right of holding
When is partition of property owned in
common not allowed? (PATU) As to the May refer to all Only to property
1. When the co-owners have agreed to keep existence of kinds of property without an owner
the thing undivided for a certain period of owner with or without
time, not exceeding ten years; owner
2. When it is prohibited by the donor or
As to Does not give rise Confers ownership
testator for a period which shall not
exceed 20 years; whether or to ownership
3. When it is prohibited by law; and not it can
4. When to do so would render the thing confer
unserviceable for the use for which it is ownership
intended.
Degrees of Possession [GJPR]
TITLE IV: SOME SPECIAL PROPERTIES
a. Mere holding or having, without any right
What is meant by waters?
whatsoever [grammatical degree]
- refers to water under the ground, water
above the ground, water in the b. Possession with a juridical title but not
atmosphere, and the waters of the sea that of an owner [juridical possession]
within the territorial jurisdiction of the c. Possession with just title but not from true
Philippines. owner [real possessory right]
d. Possession with a title of dominium, with
What waters belong to the state? (RAN-CASS)
a just title from owner [real ownership or
1. Rivers and their natural beds;
2. All other categories of surface waters possession that springs from ownership]
3. Natural lakes and lagoons;
4. Continuous or intermittent waters of Requisites/Elements of Possession [HAR]
springs and brooks running in their
natural beds and the beds themselves; a. There must be holding or control of a
5. Atmospheric water; thing or right
6. Subterranean or ground waters; and b. There must be deliberate intention to
7. Seawater. possess [animus possidendi]
c. Must be by virtue of one’s own right
TITLE V: POSSESSION
Classes of Possession [COG]
Chapter 1: Possession and Kinds Thereof
a. In one’s own name or that of another
Possession b. In the concept of an owner and in the
concept of a holder
● the holding of a thing or the enjoyment of c. In good faith or in bad faith
a right [Article 523]
Ownership vs Possession [KIRN]
Possession vs Occupation [DEO]
Ownership Possession
Possession Occupation
As to nature It is an absolute It is an evidence of
As to The holding of a Mode of acquiring of right right ownership
definition thing or ownership which

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

As to De jure De facto g. Presumption of Possession of Movables

recognition with Real Property [Article 542]
of right h. Presumption of Exclusive Possession of
Common Property [Article 543]
As to kind of Legal right Possessory right
right
Chapter 2: Acquisition of Possession
As to what is Both ownership Only possession,
included and possession hence a singular How Possession is Acquired [MSC]
concept
a. By material occupation of a thing or
Examples of Possession in the Concept of a exercise of a right
Holder [TUD-B] b. By subjection to our will
● traditio longa manu [by mere agreement]
a. Tenant ● Traditio simbolica [delivery of keys]
b. Usufructuary c. By constructive possession
c. Depositary ● constitutum possessorium [when a person
d. Bailee in commodatum possessing property as an owner,
possesses it in another capacity such as
Possessor in Good Faith that of a lessee or a depositary]
● Traditio brevi manu [when a person
● one not aware there exists in his title or
possessing property not as an owner, now
mode of acquisition any flaw which
possesses it as an owner]
invalidates it
Essential Requisites for Possession
When Possession in Good Faith is Converted to
Possession in Bad Faith a. Corpus
b. Animus
● moment facts exist showing possessor’s
knowledge of the law Essential Requisites for Personal Acquisition
● Either by judicial summons, or upon
receiving demand letter a. Intent to possess
b. Capacity to possess
Presumptions on Possession c. Object is capable of being possessed

a. Presumption of Good Faith [Article 527] Essential Requisites for Acquisition Through
b. Presumption of Continuity of Character Authorized Person
of Possession [Article 529]
c. Presumption of Non-Interruption of a. Intent to possess for principal
Possession [Article 533] b. Authority or capacity to possess
d. Presumption of Just Title [Article 541] c. Principal has intent and capacity to
e. Presumption of Non-Interruption of possess
Possession of Property Unjustly Lost but
Legally Recovered [Article 561] Essential Requisites for Acquisition Through
f. Presumption of Possession During Unauthorized Person [negotiorum gestio]
Intervening Period [Article 1138(2)]
a. Intent to possess
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

b. Capacity of “principal” to possess creditor, agents, attorneys, depositaries,

c. Ratification by “principal” co-owners]

Modes Which Possession Cannot be Acquired Requirements to Raise Disputable Presumption of

[FTC] For The Char Ownership

a. Force or intimidation a. One must be in actual or constructive

b. Tolerance possession
c. Clandestine, secret possession b. Possession must be in the concept of
owner and not mere holder
GR: Possession as a fact cannot be recognized at
the same time in 2 different personalities. Just Title In Possession vs Just Title in
XPN: Co-possessors & Possession in different Prescription
concepts or different degrees In Possession In Prescription
As to just title Presumed Must be proved
Rules to Use in Case of Conflict Regarding
Possession [also known as Preference of
As to nature True and valid Merely colorable
Possession] [PLTC] of title sufficient to
transfer
a. Present possessor ownership
b. One longer in possession
c. One who has title
True and Valid Title
d. Court will determine
● there is a mode of transferring ownership
Preference of Ownership in Case of Double Sale
and grantor was the owner
or Double Donation
Colorable Title
a. For movables,
● preference given to one who first
● although there is mode of transferring
possessed it in good faith
ownership, something is wrong because
a. For immovables, [RPT]
grantor is not the owner
● preference given to one who first
registered it in good faith in Registry of Putative Title
Property
● If no registration, to person who first ● although person believes himself to be
possessed it in good faith owner, he is not because there was no
● If no possession, person who presents mode of acquiring ownership
oldest title
Rights of Possessor as to Necessary Expenses
Chapter 3: Effects of Possession
a. In good faith,
● Possessor merely in the concept of holder ● refund
cannot acquire property by acquisitive ● retain premises until paid
prescription [lessee, trustee, antichretic b. In bad faith,
● entitled only to refund
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Right of Possessor as to Useful Expenses Rights of Possessor as to Fruits

a. In good faith, a. In good faith,

● For gathered or severed or harvested
● right to reimbursement [either of the fruits are his own
amount spent or increase in value at the ● For pending or ungathered fruits should
owner’s option] be pro-rata as to expenses, net harvest,
● Right of retention charges
● Right of removal [provided no substantial a. In bad faith,
damage caused to principal, reducing its ● For gathered fruits already received must
value UNLESS winner exercises option be returned minus the necessary expenses
of right to reimbursement] ● For pending or ungathered fruits, no
rights al all
b. In bad faith,
Rule as to Liability as to Loss/Deterioration
● not entitled to any right
a. In good faith,
Note: Right of Removal is subordinate to the ● If before receipt of judicial summons =
option to Retain provided that proper indemnity is not liable
paid. ● If after judicial summons = not liable if
due to fortuitous event but liable if due to
Rights of Possessor as to Luxurious or fraudulent intent or negligence
Ornamental Expenses a. In bad faith, liable for whatever
circumstance
a. In good faith,
Termination of Possession [AADP]
● GR: no right of refund or retention but
can remove if no substantial injury is a. Abandonment of the thing
caused b. Assignment made to another by onerous
● Owner however has option to allow or gratuitous title
possessor to remove OR retain for c. Destruction or total loss of thing
himself the ornament by refunding d. Possession of another or prescription
amount spent
Requisites for Abandonment [CRIP]
b. In bad faith,
a. Abandoner is the possessor in the
● GR: no right of refund or retention but concept of an owner
can remove if no substantial injury is b. Abandoner has capacity to renounce or
caused alienate
● Owner however has option to allow c. There must be physical relinquishment
possessor to remove OR retain for of thing or object
himself the ornament by refunding the d. There must be no more expectation to
value it has at the time owner enters into recover or intent to return or get back
possession

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

When Possession of Movable is Equivalent to b. Naked Ownership = full ownership -

Title usufruct
c. Usufruct = full ownership - naked
a. In bad faith = never equivalent to title ownership
b. Acquired in public sale = reimburse
Usufruct
Owner May Recover Without Reimbursement
● right to enjoy the property of another,
a. From possessor in bad faith with the obligation of preserving its form
b. From possessor in good faith if owner lost and substance, unless title constituting it
the property or was unlawfully deprived or law provides otherwise [Article 562]
of it ● A real right of temporary nature which
authorizes holder to enjoy all benefits
Owner May Recover but should Reimburse which result from normal enjoyment of
another’s property with obligation to
a. If possessor acquired object in good faith
return
at a public sale or auction
Essential Characteristics of Usufruct [RTE]
Owner Cannot Recover Even if there is Offer to
Reimburse a. Real right
b. Temporary nature or duration
a. If possessor acquired it in good faith from
c. Purpose is to enjoy benefits and derive all
a merchant’s store, fairs, markets
advantages from the object as
b. If owner is by his conduct, precluded
consequence of normal use or
from denying the seller’s authority to sell
exploitation
[estoppel]
c. If possessor obtained goods because he Natural Characteristic of Usufruct
was an innocent purchaser for value and
holder of a negotiable document of title to a. Conserving or preserving for or substance
the goods ● to prevent extraordinary exploitation
● To prevent abuse
TITLE VI: USUFRUCT ● To prevent impairment

Chapter 1: Usufruct in General Object of Usufruct

Fundamental Rights Appertaining to Ownership a. May be real or personal property

[DUF] b. May be sterile or productive
c. May be created over a right
a. Jus disponendi [right to dispose]
b. Jus utendi [right to use] Rights of Action Available to Usufructuary
c. Jus fruendi [right to the fruits]
a. Action to protect the usufruct itself
Formula b. Action to protect the exercise of the
usufruct
a. Full Ownership = naked ownership +
usufruct Usufruct vs Ownership
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Usufruct Ownership As to creator Only by the Lessor may or may

of right owner or by not be the owner
As to enjoyment of right to enjoy, right
authorized agent
attributes property to dispose, right to
vindicate As to origin Created by law, Only by contract
contract, last
will, prescription
Usufruct vs Easement [CEO-E]
Usufruct Easement As to cause Owner is more Owner is more or less
or less passive active
As to object May be real or Only real property
personal As to repairs Usufructuary has Lessee has generally
duty to make no duty to pay for
As to what can All uses and Limited to
ordinary repairs repairs
be enjoyed fruits of particular use only
property As to taxes Usufructuary Lessee generally does
pays for annual not pay
As to where Cannot be May be constituted
charges and
constituted constituted on in favor of, or
taxes
an easement but burdening, a piece
may be of land held in As to other usufructuary Lessee cannot
constituted on usufruct things may lease the constitute usufruct on
the land property itself to property leased
burdened by an another
easement
As to By death of Not extinguished How Usufruct is Constituted
extinguishment usufructuary by death of owner
of dominant estate a. By law [legal]
b. By will of parties [voluntary which could
Similarities
be inter vivos or mortis causa]
Both are real rights c. By both law and act of person [mixed or
Both rights may be registered provided the usufruct prescriptive]
involves real property
Classifications of Usufruct
Both may ordinarily be alienated or transmitted
according to formalities set by law a. According to Quantity or Extent
● as to fruits, could be total or partial
Usufruct vs Lease (CONE-CROT) ● As to object, could be universal or
Usufruct Lease singular/particular
As to extent All fruits and Covers particular use
b. According to Number of Persons Enjoying the
uses only
Right
As to nature Real right Real right only if a
of right lease on real property, ● simple
registered, and for ● Multiple
more than 1 year.
Otherwise, it is a c. According to Quality or Kind of Objects
personal right Involved

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

● over rights a. May alienate

● Over things, could be normal b. May pledge or mortgage
[non-consumable] or abnormal
[consumable] Rules of Usufructuary’s Liability on Deterioration
of Abnormal Usufruct
d. According to Terms or Conditions
a. If caused by normal use = no liability
● pure b. If caused by an event although no fraud,
● With a term/period negligence, or fault = make necessary
● With a condition repairs
c. If caused by fraud = liable
Rules Governing Usufruct
Abnormal Usufructs
a. Agreement of parties or title giving - those where the usufructuary does not
usufruct have the obligation of preserving the form
b. in case of deficiency, apply Civil Code and substance of the property which is
object of usufruct
Chapter 2: Rights of Usufructuary
Rules for Quasi-Usufruct
Rules Re: Fruits Pending at the Beginning of
Usufruct [B-UNP] a. usufructuary can use them
b. But, at the end of usufruct must,
a. Belongs to usufructuary ● pay appraised value
b. No necessity of refunding owner for ● If no appraisal, return the same kind,
expenses incurred quality and quantity OR pay price current
c. Without prejudice to the right of 3rd at the time of termination
persons
Rule on Useful and Luxurious Improvements
Rules Re: Fruits Pending at the Termination of
Usufruct [T-ORP] a. Usufructuary has the right to
● make useful improvements
a. Belongs to owner ● Make luxurious improvements
b. But owner must reimburse usufructuary
for ordinary cultivation expenses and for b. Not entitled to refund but he may,
seeds and similar expenses
c. Rights of innocent 3rd parties should not ● remove improvements if no substantial
be prejudiced damage is caused OR
● Set off improvements against damages
Rights of Usufruct with Reference to the Thing which may be liable
Itself
Requisites Before Set Off Be Made
a. Personally enjoy the thing
b. May lease it to another a. Damage must be caused by usufructuary
b. Improvements must have augmented the
Rights of Usufruct with Reference to value of property
Usufructuary Right Itself
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Chapter 3: Obligations of the Usufructuary furniture necessary for himself and his
family without any bond or security
Obligations of Usufructuary at the
commencement of th usufructuary: Exemptions When Usufructuary is Excused
From Giving Bond or Security: (CRIP)
a. Make inventory
b. Give security a. no one is injured by lack of bond or
security
Obligation of the Usufructuary during the b. when donor reserved the usufruct of the
pendency of the usufruct: (CONANE) property donated
c. in case of parents who are usufructuaries
a. To take care of the property as a good of unemancipated children’s property,
father of a family; except when parents contract second
b. To make ordinary repairs on the marriage
property; d. usufructs subject to caucion juratoria
c. To notify the owner in case the need for
extraordinary repairs on the property is Requisites of Caucion Juratoria [CDAP]
urgent;
d. To pay the annual charges and taxes and a. Proper court petition
those considered as a lien on the fruits; b. Necessity for delivery
e. To notify the owner of any act of a third c. Approval of court
person that may be prejudicial to the right d. Sworn promise
of ownership;
f. To pay the expenses, costs and liabilities Rules on Usufruct of Livestock
in suits with regard to the usufruct.
a. There is obligation to replace if,
Obligation of the Usufructuary upon termination ● some animals die from natural causes
of the usufruct: ● Some animals lost due to rapacity of
beasts of prey
a. deliver the thing to the owner, without
prejudice to the right of retention b. There is no obligation to replace if,
pertaining to him or his heirs for taxes
● there is total loss of animals because of
and extraordinary expenses which should
unexpected or unnatural loss
be reimbursed.
● There is partial loss
Promise Under Oath
Usufructuary has obligation to be responsible for
● also called caucion juratoria ordinary repairs if
● Sworn duty to take good care of the
a. Required by normal or natural use
property and return same at the end of
b. Needed for preservation
usufruct
c. Occurred during usufruct
● case where usufructuary, being unable to
d. Must happen with or without fault of
file the required bond or security, files a
usufructuary
verified petition in the proper court
asking for the delivery of the house and Chapter 4: Extinguishment of Usufruct
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Extinguishment [DERM-LPT] As to nature Always a real Real right only

of right right when it is registered
a. Death of usufructuary or when lease
b. Expiration of period exceeds 1 year
c. Merger of usufruct and ownership
As to There is rightful There is rightful and
d. Renunciation of usufructuary
ownership limited use limited use and
e. Loss of thing without ownership possession without
f. Termination of right constituting the or possession ownership
usufruct
g. Prescription As to things Only to May be real or
involved immovables personal property
TITLE VII: EASEMENTS OR SERVITUDES

Real Easement
Chapter 1: Easements in General
● an encumbrance imposed upon an
Easement
immovable for the benefit of another
immovable belonging to a different owner
● an encumbrance imposed on an
[Article 613]
immovable for the benefit of a
community or one or more persons or for
Personal Easement vs Usufruct
the benefit of another immovable
Personal Usufruct
belonging to different owner
Easement
● A real right, constituted on another’s
property, corporeal, and immovable As to capability Cannot be Generally can be
where the owner of latter must refrain of being alienated alienated
from doing or allowing somebody else to alienated
do something on his property, for the As to use specifically Use has broader
benefit of another person or tenement designated scope and
comprehends all
Easement vs Servitude [NSN] possible use of
Easement Servitude thing

As to name Used in common Used in civil law

law countries countries
Characteristics of Easement [RIA-LIIIP]

As to scope One form of Broader a. Real right

servitude b. Imposable only on another’s property
c. It is jus in re aliena [real right that may be
As to Always predial or Predial or real
nature real [meaning in easement upon the
alienated although naked ownership is
favor of another one hand or to maintained]
realty] personal easement on d. It is a limitation or encumbrance on the
the other servient estate for another’s benefit
e. There is inherence or inseparability from
Easement vs Lease [NOT] the estate
f. Indivisible
Easement Lease
g. Intransmissible
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

h. Perpetual ● Continuous [use is incessant or may be

incessant without intervention of any act
Note: No easement imposed on personal property. of man | eg: easement of drainage, right to
Only immovables may be burdened with support a beam on another’s wall]
easements. ● Discontinuous [used at intervals and
depend upon the acts of man | eg:
Continuous Easement easement of right of way because it can
only be exercised if a man passes or puts
● those the use of which is or may be his feet over somebody’s land]
incessant, without intervention of any act
of man Note: Easement of light and view is a continuous
easement.
Discontinuous Easement
c. According to Whether or Not their Existence is
● those which are used at intervals and
Indicated
depend upon the acts of man
● Apparent [those made known and
Apparent Easement
continually kept in view by external signs
● those which are made known and are that reveal the use and enjoyment of the
continually kept in view by external signs same | eg: right of way when there is an
that reveal the use and enjoyment of the alley or permanent path]
same ● Non-apparent [shows no external
indication of their existence | eg: negative
Non-apparent Easement easement such as easement of not
building to more than a certain height]
● those which show no external indication
of their existence d. According to Purpose of Easement or Nature of
Limitation
Classification of Easement
● Positive [owner of servient estate obliged
a. According to Party Given the Benefit to allow something to be done or do it
himself; also known sufferance or
● Real [for the benefit of another intrusion | eg: easement of light and view
immovable belonging to another | eg: in a party wall]
easement of water where lower estates are ● Negative [owner of servient estate is
obliged to allow water naturally prohibited to so something which he
descending from upper estates to flow could lawfully do | eg: easement of light
into them] and view when window/opening is on
● Personal [for the benefit of one or more one’s wall]
persons or of a community | eg: easement
of right of way for passage of livestock] e. According to Right Given

b. According to Manner They are Exercised ● right to partially use servient estate
● Right to get specific materials or objects
from servient estate
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

● Right to participate in ownership Easements That May Be Acquired Only By Title

● Right to impede or prevent neighboring
estate from performing specific act of a. Continuous Non-Apparent Easement
ownership b. Discontinuous Apparent Easement
c. Discontinuous Non-Apparent Easement
f. According to Source or Origin and
Establishment of Easement Requisites of Prescription [OPPU]

● voluntary [by will or agreement] a. Possession must be in the concept of an

● Mixed owner
● Legal b. Public
c. Peaceful
Examples of Legal Easement [WWPLDINL] d. Uninterrupted
We Will Provide Love - Do It Now Leave
Rules
a. Waters
b. Right of Way a. Before alienation = there is no true
c. Party wall easement
d. Light and view b. After alienation,
e. Drainage of buildings ● there is easement if sign continues to
f. Intermediate distance remain there unless there is contrary
g. Against nuisances agreement
h. lateral and subjacent support ● No easement if sign is removed or if there
is an agreement to this effect
Modes of Acquiring Easements
Rights of Dominant Estate
a. If continuous and apparent,
● by title a. Exercise easement and all necessary
● By prescription of 10 years rights for its use including accessory
easement
b. If discontinuous and apparent = title b. Make on the servient estate all works
c. If continuous and non-apparent = title necessary for the use and preservation of
d. If discontinuous and non-apparent = title the servitude
Title c. Ask for mandatory injunction to prevent
impairment in the exercise of easement
● juridical act or law sufficient to create d. Renounce totally the easement if he
encumbrance desires exemption from contribution to
expenses
Rules
Obligations of Dominant Estate
a. If Positive Easement = begin counting the
period from the day the dominant estate a. Cannot alter the easement
began to exercise it b. Cannot make it more burdensome
b. If Negative Easement = begin counting c. If there are several dominant estates, each
from the time notarial prohibition was must contribute necessary repairs and
made on servient estate
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

expenses in proportion to benefits f. Renunciation of owner of dominant

received by each estate estate
g. Redemption agreed between owners of
Limitations on the Right of Dominant Estate to dominant and servient estates
Exercise Easement Once Acquired by
Title/Prescription Chapter 2: Legal Easements
a. owner of dominant estate cannot use the
easement except for the benefit of the Legal Easement
immovable originally contemplated
b. cannot exercise it in another manner other ● imposed by law and which have for their
than that previously established object either public use or interest of
private persons
Rights of Servient Estate
Natural Easement of Waters/Easement of
a. Retain ownership and possession of Drainage of Waters
portion of his land affected by easement ● legal easement which declares that lower
even if indemnity is given estates are obliged to receive the waters
b. Make use of easement unless deprived by which naturally and without intervention
stipulation provided that exercise of of man descend from higher estates, as
easement is not adversely affected well as stones or earth which they carry
c. Change the location of a very with them
inconvenient easement provided that an ● Note: Water Code further expands this by
equally convenient substitute is made saying that owner of lower estate cannot
without injury to dominant estate construct works which will impede this
natural flow unless he provides
Obligations of Servient Estate alternative method of drainage

a. Cannot impair use of easement Easement of Aqueduct

b. Must contribute to expenses in case he ● legal easement regulated by virtue of
use easement which any person who may wish to use
c. In case of impairment, restore conditions upon his own estate any water of which
to the status quo at his expense he can dispose shall have the right to
d. Pay for expenses incurred for change of make it flow through intervening estates,
location with the obligation to indemnify their
owners, as well as owners of lower
Modes of Extinguishment of Easements estates upon which waters may filter or
[DENT-MCR] descend
a. Merger
Requisites for Establishing Easement of Aqueduct
b. Non-use for 10 years
[DCI]
c. Fall into condition that the easement
a. owner of dominant estate must prove that
cannot be used
he can dispose of the water and that it is
d. Expiration of term
sufficient for the use for which it is
e. Renunciation of term and fulfillment of
intended
condition
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

b. must show that the proposed right of way tenement if window is through wall on
is the most convenient and least onerous dominant estate
to 3rd persons
c. must indemnify the owners of servient Rules
estates in the manner determined by laws
and regulations a. Distance for windows, apertures,
balconies = 2 meters
Requisites to be Entitled Easement of Right of b. Distance for side or oblique views = 60
Way [ISIPS] centimeters
c. If these distances were not observed, the
a. Property is surrounded by other owner of adjoining property may create
immovables and has no adequate outlet to opening to admit light by 30 centimeters
public highway or may construct building or wall
b. Proper indemnity must be paid contiguous to that of the other]
c. Isolation is not the result of owner of d. Distance to observe by owner of servient
dominant estate’s own acts estate to construct house if easement of
d. Right of way claimed is at the point least light and view was acquired = 3 meters
prejudicial to servient estate e. Distance in planting trees = 2 meters for
e. Distance from dominant estate to public tall trees and 50 centimeters if shrubs and
highway is shortest small trees

Right of Way for Passage of Livestock Easement of Drainage of Buildings

a. animal path = 75 meters
b. animal trail = 37 meters and 50 ● legal easement which declares that
centimeters whenever the yard or court of a house is
c. cattle = 10 meters surrounded by other houses and it is not
possible to give an outlet through the
When Easement of Party Wall Presumed to Exist house itself to the rainwater collected,
establishment of drainage can be
a. Dividing walls of adjoining buildings up demanded
to the point of common elevation
b. Dividing walls of gardens or yards Easement of Lateral and Subjacent Support
situated in cities, towns, rural
● provides that no proprietor shall make
communities
excavations upon his land as to deprive
c. In fences, walls and live hedges dividing
any adjacent land or building of sufficient
rural lands
lateral or subjacent support
Period of Prescription for Acquisition of
TITLE VIII: NUISANCE
Easement of Light and View

a. Counted from time of opening of window Nuisance

if through party wall
● any act, omission, establishment,
b. Counted from time of formal prohibition
business, condition of property or
upon proprietor of adjoining land or
anything else which [IAMPU]
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

a. Injures or endangers health or safety of a. Injurious to him

other b. No breach of peace of unnecessary injury
b. Annoys or offends the senses must be committed
c. Shocks, defies, or disregards decency or c. Demand must first be made on owner or
morality possessor to abate nuisance
d. Obstructs or interferes with free passage d. Demand was rejected
of public highway, street, or body of e. Abatement was approved by district
water health officer and executed with assistant
e. Hinders or impairs use of property of local police
f. Value of destruction does not exceed
Classifications of Nuisance P3,000

a. As to nature, Doctrine of Attractive Nuisance

● nuisance per se [nuisance at all times and
under any circumstance regardless of ● a person who maintains in his premises
location and surroundings] dangerous instrumentality of a character
● Nuisance per accidens [considered which is attractive to children of tender
nuisance by reason of circumstances, years at play and who fails to exercise
location, surroundings] due diligence to prevent children from
playing therewith or resorting thereto, is
b. As to injurious effect, liable to a child who is injured thereby,
even if child is technically a trespasser
● public nuisance [affects community or
neighborhood or considerable number of
persons]
● Private nuisance [affects only a person or
small number]

Public Nuisance vs Private Nuisance

Public Nuisance Private Nuisance

As to scope Affects community, Affects only a

of effect neighborhood, person or small
considerable number
number of persons

As to Criminal Civil action and

remedies prosecution, civil abatement with
action, abatement judicial proceedings
without judicial
proceedings

Requisites for Private Person to Summarily Abate

Nuisance [INDRAV]

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

BOOK III: Different Modes of Acquiring 1. The right to be transmitted should have
Ownership previously existed in the patrimony of
the grantor
How is ownership acquired? Modes of 2. The transmission should be by virtue of a
Acquiring Ownership? [OLD TIPS] just title
1. Occupation; 3. The grantor and the grantee should have
2. Law; the intention and the necessary capacity
3. Donation; to transmit and to acquire
4. Tradition; 4. The transmission should be manifested
5. Intellectual Creation; by some act which may be physical,
6. Prescription; symbolical, or legal
7. Succession.
Different Kinds of Tradition [RC-QT]
What is occupation? 1. Real tradition
- is a mode of acquiring ownership by the 2. Constructive tradition - acts or signs
seizure of corporeal things which do not a. Traditio symbolica - deliver a key
have an owner with the intention of b. Traditio longa manu - pointing
acquiring them and in accordance with the property
the rules prescribed by law. c. Traditio brevi manu - in
possession with title but not of
What is meant by law as a mode of acquiring ownership
ownership? d. Traditio constitutum
- it refers to those instances where the law, possessorium - owner alienates
independently of the other modes of but continue in possession
acquiring ownership, automatically and 3. Quasi-tradicion - acquiescence of the
directly vests the ownership of the thing grantor
in a certain individual once the prescribed 4. Tradicion po ministerio de la ley -
requisites or conditions are present or delivery by operation of law
complied with.
Distinguish between Mode and Title: [CPR]
What is tradition as a mode of acquiring
Mode Title
ownership?
- it is a derivative mode of ownership and As to Cause proximate remote cause
other real rights by virtue of which they cause
are transmitted from the patrimony of the
As to Process the true cause the justification
grantor, in which they had previously (or process) for the process
existed, to that of the grantee by means of
a just title, there being both the intention As to Right directly serves merely
produces a real to give an
and the capacity on the part of both right opportunity for
parties. the existence of
a real right;
Requisites for Tradition: [PJTM] meaning, only
a personal right
exists.

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Distinguish between Real Right and Personal OCCUPATION

Right: [CROME-SLS]
Real Right Personal Right
What is occupation?
- The acquisition of ownership by seizing
As to Creation the right is it is exercised corporeal things that have no owner,
of a right created directly thru another made with the intention of acquiring
over a thing person, against
whom an them, and accomplished according to
action may be legal rules.
brought
Requisites for Occupation: [SCARI]
As to Right the right is over the right is to a
a thing thing through 1. There must be seizure or apprehension
another 2. The property seized must be corporeal
personal property
As the Object has specific affects all the
object present and
3. The property seized must be susceptible
future property of appropriation
of the debtor 4. the requisites or conditions of the law
must be complied with.
As to relation created by both created by title
to Mode and mode and title alone 5. There must be the intent to appropriate
title
Kinds of Property Acquirable by Occupation
As to extinguished by not
1. Those without an owner
Extinguishme loss or extinguished by
nt destruction loss or 2. Hidden Treasure
destruction 3. Abandoned Movables

As to Subject there is one there is a

When thing is considered abandoned:
definite active definite active
subject, the rest subject and a 1. Expectation to recover is gone
is indefinite definite passive 2. The intention to return or have it returned
passive subject has been given up by the owner
As to limited by the not so limited
Limitation value, use, Occupation vs Prescription: (MP)
productivity of
the thing Occupation Prescription

As to Subject subject matter subject matter As to Mode original mode derivative

matter is generally is intangible or - no owner mode -
corporeal incorporeal somebody else
was owner

What is Dominio Pleno? As to Period of shorter period generally,

Possession of possession longer period
- there is full control and enjoyment of possession

What is dominio menos pleno or dominio

Occupation vs Possession [DEO]
limitado?
- there is partial control or enjoyment Occupation Possession

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

As to Mode of The holding of a 2. He must be able to dispose of his

definition acquiring thing or enjoyment of property; and
ownership which a right 3. He must not be prohibited or disqualified
involves some by law from making donation
form of holding - For acceptance, he must not be prohibited
As to the Only to property May refer to all kinds or disqualified by law from accepting the
existence of without an owner of property with or donation.
owner without owner
Classifications of Donation [MTOD]
As to Confers Does not give rise to
whether or ownership ownership 1. From viewpoint of motive, purpose, or
not it can cause:
confer a. Simple - pure liberality
ownership b. Remuneratory First Kind -
reward past services
What is Tacita Reconduccion? c. Remuneratory Second Kind -
- an implied new lease and will set in if it is reward future services
shown that [ENE] d. Onerous - there is burden
a. the term of the original contract 2. From the viewpoint of time of taking
of lease has expired; effect:
b. the lessor has not given the lessee a. Inter vivos
a notice to vacate; and b. In praesenti to be delivered in
c. the lessee continued enjoying the futuro
thing leased for fifteen days with c. Mortis Causa
the acquiescence of the lessor 3. From the viewpoint of occasion
a. Ordinary donation
DONATION b. Donation propter nuptias
4. From the viewpoint of object donated
What is Donation? a. Corporeal Property
- is an act of liberality whereby a person i. donation of real property
disposes gratuitously of a thing or right in ii. donation of personal property
favor of another, who accepts it. b. Incorporeal Property

Requisites of Donation [DIA] Donation vs. Sale [COW]

1. Decrease or reduction of the patrimony of Donation Sale
the donor;
2. Increase of the patrimony of the donee; As to Mode of Not a mode of
and classification acquiring acquiring
ownership ownership but
3. Animus donandi or the intent to make a
title
donation.
As to Donor must Seller need
Who can make and accept donations? ownership be owner at not be owner
1. He must have the capacity to enter into the time of at perfection
contracts; perfection

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

1. Those made between persons found guilty

As to what Future Future
can be property property may of the same criminal offense, in
donated cannot be be sold consideration thereof;
donated 2. Those made to a public officer of his
wife, descendants and ascendants, by
Inter Vivos vs Mortis Causa [REFPAD] reason of his office.
3. Those made between persons who are
inter vivos mortis causa
guilty of adultery or concubinage at the
As to cannot be can be revoked time of the donation.
revocation revoked except at any time and
for grounds for any reason Two Kinds of Authorized Persons
provided for by while the donor
law is still alive
a. One with special power
b. One with general and sufficient power
As to when it takes effect takes effect
takes into during the after the death Formalities for the Donation of Movable
effect lifetime of the of the donor
donor Property
a. If value of donated movable is more than
As to forms must follow the must follow the P5,000 = donation and acceptance must
formalities of formalities of be in writing
donations wills or
codicils b. If value of donated movable is P5,000 or
less
As to in case of in case the i. can be made orally but there must
preference impairment of legitime is
be simultaneous delivery of the
the legitime, impaired,
donations inter donations thing or simultaneous delivery of
vivos are mortis causa the document representing the
preferred to are reduced right donated
donations ahead of
mortis cause donation inter
ii. can be made in writing
vivos, the later
being preferred Formalities for Donations of Real Property
a. If the deed of donation and the acceptance
As to acceptance by acceptance of
acceptance donee must be donee can only are in the same instrument: [S-PS]
during the be done after i. the instrument must be a public
lifetime of the the donor’s document
donor death
ii. the document must specify the
As to right of the right of the right of property donated and the
disposition disposition is disposition is charges/burdens if any
completely not transferred b. If the deed of donation and the acceptance
transferred to to the donee
are not in the same instrument:
the donee while the donor
is still alive [N-SPANN]
i. the document must specify the
property donated and the charges
Person Who May Give or Receive A Donation
if any
ii. the donation must be in a public
Void Donations [CPA]
instrument/document
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

iii. the acceptance in a separate Future Property

instrument must be in a public - anything which the donor cannot dispose
instrument of at the time of the donation
iv. the donor shall be notified in - it cannot be the object of a donation but
authentic form of the fact that the present or accrued inheritance may be,
acceptance is being made or has even if the properties have not yet been
been made in a separate public delivered, for in succession, rights to the
instrument inheritance are transmitted from the very
v. the fact that there has been a moment of death
notification must be noted in
both instruments Contractual Succession
c. If the donation is conditional, the - occurs when in a marriage settlement, the
formalities prescribed by the above would-be spouses are allowed to donate
articles are applicable to that portion mortis causa to each other future property
which exceeds the value of the burden to the extent permitted under the rules of
imposed. testamentary succession
d. If the donation is onerous, the formalities - exception to the rule that donation cannot
prescribed for the execution of ordinary donate future properties
contract shall be complied with
e. If the donation is mortis causa, the Instances When Accretion in Donation is
formalities prescribed is that of a valid Proper [RIP]
will. a. in case of refusal or repudiation by
donee
Charges b. in case of incapacity of donee
- conditions or burdens imposed if any c. in case of predecease
- encumbrances on the property such as
lease, usufruct, or mortgage Eviction
- takes place whenever by a final judgment
Effects if Donation Is Only in Private based on a right prior to the sale
Instrument [VNCP] (donation) or an act imputable to the
a. Donation is null and void unless it is a vendor (donor), the vendee (donee) is
donation propter nuptias. deprived of the whole or of a part of the
b. Neither party may compel the other to thing purchased
execute a public instrument.
c. Cannot really be ratified. Hidden Defects
d. Even though the donation did not transfer - those not patent upon a physical
ownership, the donee who received it may examination of the object donated
still eventually acquire the property by
prescription since possession is adverse When Warranty Exists [POBE]
and in concepto de dueno. a. If donation is propter nuptias unless
contrary is stipulated
Present Property b. If donation is onerous
- that which the donor can dispose of at the c. If donor is in bad faith
time of the donation d. If warranty is expressly made
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Conventional Reversion b. If the property has been sold, give the

- this means going back or going to a third value to the donor.
person c. If the property has been mortgaged, the
donor may pay off the debit, but he can
Rules When There is a Stipulation to Pay recover reimbursement from the donee.
Debts d. if the property cannot be returned, return
a. Pay only for prior debts (not for debts its value.
contracted after the donation had been
made, unless there is stipulation) How Donation May Be Revoked [CIR]
b. Pay only for debts up to the value of the a. If a donee commits some offense against
property donated (unless contrary is the person, the honor, or property of the
stipulated or intended) donor, or of his wife or children under his
parental authority.
Rules When There is No Stipulation to Pay b. If donee imputes to the donor any
Debts criminal offense, or any act involving
GR: Donee is not required to pay. moral turpitude, even though he should
XPN: When the donation is made in fraud of prove it, unless the crime/act has been
creditors committed against donee himself, his
wife or children under his authority.
Kinds of Inofficious Donations c. If he unduly refuses him support when
a. Those referred to in Art 760-761 where the donee is legally or morally bound to
the donor at the time of donation either give support to the donor.
had no children or thought he had no
more. What fruits must be returned when the
b. those referred to in Art 771-752 where the donation is revoked?
donor had at least one child already at the - It depends.
time he made the donation a. The fruits accruing from the time the
action is filed must be returned if the
Adoption [JMR] ground is
a. Adoption must have judicial approval. i. Birth, adoption, reappearance
b. Adoption must be that of a minor child. ii. Inofficiousness of the donation
c. Adoption is one way of allowing the because the legitime has been
donor to revoke a donation inter vivos at impaired.
his own will. iii. Ingratitude
b. The fruits received after failure to fulfill
Value of the Hereditary Estate the condition must be returned if the
- Value at the birth, appearance, or ground is non-compliance with any of the
adoption + Value of the donation (the conditions imposed.
time donation was made)
Implications From Transfer of Ownership
What Donee Must Do If Donation is Reduced a. Donee gets the fruits while the donor is
[SSMC] still alive.
a. If the property is still with him, return the b. Donee can take advantage of natural or
property. artificial incorporations or attachments.
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

c. Donee bears the loss in case of 3. If insufficient property is left for support
destruction or deterioration. of donor and his relatives
4. If made in fraud of creditors
Who May Ask for the Reduction On The
Ground of Inofficiousness Events which will warrant revocation or
a. Compulsory heirs of the donor reduction of donation
b. Heirs and successors-in-interest of the 1. If the donor, after the donation, should
abovementioned compulsory heirs have legitimate, legitimated, or
illegitimate children, even though they be
Who Cannot Ask For the Reduction [VDLC] posthumous;
a. Voluntary heirs of the donors 2. If the child of the donor, whom the latter
b. Devisees believed to be dead when he made the
c. Legatees donation, should turn out to be living;
d. Creditors of the deceased 3. If the donor should subsequently adopt a
minor child.
Revocation vs Reduction
Grounds and Prescriptive Periods for
Revocation Reduction
Revocation/Reduction of Donation
As to This is total This is as a rule, Grounds Prescriptive Transmissibility
extent of regardless of only partial, and Period
effect whether the applies only
legitime has when the Birth 4 years from Action cannot
been impaired legitime has been Adoption of Birth of be renounced
or not. impaired. minor child legitimate/illegi and is
Reappearance timate child [of transmissible to
As to For the benefit For the benefit of of child parents with donor’s
thought to be impediment to descendants
whose of the donor and the heirs of the dead marry]
benefit for the benefit donor, since their Adoption of
of the heirs of legitimes are minor child
the donor supposed to be Legitimation of
preserved a child [of
parents with no
impediment to
Modes or Grounds by which donations inter marry]
vivos may be revoked [BAR-NID] Information
1. Supervening birth, survival, or adoption received about
the child
of a child; thought to be
2. Non-fulfillment of the condition or dead
charge imposed;
3. Acts of ingratitude; Failure to 4 years from
comply with a non-complianc
4. Inofficious donations. mode e

Grounds for Reduction [BAR-IIF] Ingratitude 1 year from Intransmissible

knowledge of and may not be
1. Birth, adoption, reappearance
fact brought against
2. Inofficiousness the donee’s
heirs

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Inofficiousness 10 years from Only the

iii. by reason of possible undue
donor’s death compulsory influence
heir have the
standing to INTELLECTUAL PROPERTY CODE
challenge a
donation as
inoffocious What are the Intellectual Property Rights?
[CTP-GLIP]
Automatic Imprescriptible
1. Copyright
revocation
clause 2. Trademarks and Service Marks
3. Patents
4. Geographical Indicators
The action under ingratitude is personal and
5. Lay Out Designs (topographies)
intransmissible except: [DIKIR]
6. Industrial Designs
1. If the action had already been brought by
7. Protection of Undisclosed Information [or
the donor, but he died before it could be
Trade Secrets]
decided;
2. If the circumstances clearly manifest that
Dimensions of Sustainable Development Goals
the donor desired and intended to revoke
[SEE]
the donation but was prevented by
1. Social
sickness, insanity, or even fortuitous
2. Economic
event from bringing the action;
3. Environmental
3. if the donee killed the donor or inflicted
injuries upon him causing his death
Sustainable Development Goals Related to IPC
4. If the donor died without having known
1. Industry, Innovation, Infrastructure
of the act of ingratitude
5. If the donor had already instituted
Kinds of Intellectual Property Rights
criminal proceedings against the donee
1. Industrial Property [commerce,
but died before he could file the
innovation, patents, utility models]
corresponding civil action for revocation
2. Copyright [creation of literary works]
of the donation

Mechanisms of a Patent
Void, Ineffective, or Unperfected Donations
1. Any technical solution of a problem in
[FOF-PUU]
any field of human activity
a. Those not perfected in accordance with
2. Novelty, non-obviousness, industrial
the forms and solemnities of law.
applicability
b. Those made with property outside the
3. Patent application’s enablement
commerce of man.
requirement
c. Those made with future property except
those provided for in marriage
Requirements of Patent: NIA
settlements.
1. New
d. Those made to persons specially
2. Inventive step
disqualified:
3. Industrial applicability
i. by reason of public policy
ii. by reason of unworthiness
Requirements of Utility Model
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

1. New Copyright
2. Industrial - literary and artistic works which are
original intellectual creations in the
Utility Model vs Patent vs Industrial Design literary and artistic domain protected
Utility Model Patent Industrial
from the moment of creation
Design
Patentable Inventions
Easier to grant - any technical solution of a problem in any
but shorter
period of field of human activity which is new,
protection involves an inventive step and is
industrially applicable
7 years from 20 years 5 years of
date of filing protection from protection
filing Patent vs Copyright vs Trademark [DOS]
Patent Copyright Trademark
New and New, inventive New [N]
industrial step, and As to 20 years author’s 10 years
applicability industrial duration from filing lifetime from
[NA] applicability and 50 grant,
[NIA] years after renewable
death of
the author
Dominancy Test
- Dominant features of a mark As to Bureau of Intellectua Intellectua
office Patents, l Property l Property
Intellectual Property where it is Intellectua Office, Office
filed l Property National
- Creation of the mind used in commerce
Office Library

Most Favored Clause As to invention, literary or visible

- whatever privileges the PH has granted to subject technical artistic sign
matter solution work
certain member state shall also be
accorded to other member states
Basic General Intellectual Property Principles
Geographical Indications 1. Territoriality Principle
- indications which identify goods as 2. Registration
originating from the agreement member 3. First to File Rule
- where a given quality, reputation, or other 4. Nothing absolute
characteristics is attributable to its
location Limitations of a Patent TST
- there must be nexus 1. Territory
2. Scope
Trademark 3. Time
- any visible sign capable of distinguishing
the goods or services of an enterprise and Patent vs Utility Model vs Industrial Design
shall include a stamped/marked container Patent Utility Model Industrial
of goods Design

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

20 year from 7 years from 5 years;

GR: If you disclose it already before filing, you
filing date filing date renewable for can no longer file for its patent.
not more than 2 XPN: Disclosure 12 months prior to filing date is
consecutive 5 not prejudicial.
year term [15
years total]
Requisites of Non-Prejudicial Disclosure [PIT]
novelty, novelty, does not 1. Patent Officer
inventive step, industrial duplicate
2. Inventor
industrial applicability existing design
applicability 3. Third Party who obtained information
from inventor
Non-Patentable [DAMPA BAH PSP]
Inventive Step
1. Discoveries, scientific theories
- not obvious to a person skilled in the art
2. Abstract ideas
at the time of filing
3. Mathematical solution
4. Programs and computers
No inventive step if [DUE]
5. Aesthetic creations
1. Mere discovery of new property in a
6. Methods of doing business
known substance
7. Animal breeds
2. Mere use of known substance
8. Methods of healing human body
3. Did not result to enhancement
9. Contrary to public morals and policy
10. Schemes on mental acts
Right to Patent
11. Plant varieties and animal breeds [XPN:
- belongs to inventor, heirs, assigns
microorganisms and microbiological
- if 2 or more, it will be jointly owned
processes]
GR: First to File Rule
Prior Art
XPN: If in bad faith, no rights acquired
- available to the world before filing of the
same
Procedure for Grant of Patent [FEPAGP]
- whole contents of an application for a
1. Filing
patent that has been published
2. Examination for Application [formal and
- XPN: Right to Priority From Another
substantive exams]
Country
3. Publication [18 months after filing]
4. Amendment of Application
Requisites of Prior Act [L12C]
5. Grant of Patent
1. Local application expressly claims
6. Publication of Grant of Patent
priority
2. Filed 12 months from the earliest date of
Patent Cooperation Treaty
foreign application
- makes it possible to seek patent
3. Certified copy of foreign application
protection for an invention simultaneous
with English translation filed within 6
in each of a large number of countries by
months from date of filing
filing an international patent application

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Requisites for Civil Action for Infringement 4. Seek cancellation

[AN] Note: 3 months after grant
1. Person has actual knowledge that
inventions was subject to published Remedies if Found To Be True Owner [DCS]
application 1. Damages
2. Person received written notice that he 2. Cancellation of Patent
was using it 3. Substitution
Note: File 1 year from date of publication of grant
Remedy
1. Cannot be filed until grant of patent Rights of Patentees [RAC]
2. 4 years from commission of acts 1. Restrain, prohibit, and prevent
complained a. if product: any person from
using, offering for sale, selling or
Rule: A patent shall take effect on the date of the importing it
publication of the grant of the patent in the IPO b. if process: any person from
Gazette. manufacturing, dealing, using,
selling, or offering for sale,
Grounds for Changes in Patents [LCC] importing
1. Limit the extent of the protection 2. Assign or transfer succession of the
conferred by it patent
2. Correct obvious mistakes 3. Conclude licensing contracts
3. Correct mistakes made in good faith
Limitations of Patent Rights [GPG]
Grounds for Cancellation of Patents and 1. General Limitations [no right to prevent
Substitution of Patentee [NDC] 3rd persons from…] MEDPPV
1. Not new or patentable a. Patenting a product which is
2. Does not disclose in a sufficient manner already put on the market in PH
3. Contrary to public order or morality b. Experiments
c. Drugs and medicines
Process for Cancellation [PNH] d. Private and non-commercial use
1. Petition e. Pharmacy
a. Writing f. Patented products in vehicles in
b. Verified transit, exclusive use for the same
c. Specified Grounds 2. Use by Prior User
d. Statement of Facts a. any person who in good faith was
e. Copies Attached using the invention in his
2. Notice enterprise, prior to filing
3. Hearing 3. Use by Government [PANPD]
a. Public interest, national security,
Remedies of a Person with Right to Patent health or development of other
[FRPS] sectors
1. File a new patent b. Anti-competitive manner of
2. Request for refusal exploitation
3. Prosecute in place of applicant
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

c. Drugs and medicines, in case of 6. Those restricting research and

national emergency development
d. Public noncommercial use 7. Prohibits use of competitive technology
e. Demand not met adequately 8. Shall not contest validity of patent
9. Obligates license to freely transfer to
Use of Government is Subject to: [PIRIN-PN] licensor any improvements
1. Limited to purpose 10. Prevent licensee from adopting imported
2. Patentee is informed promptly in case of technology in local conditions
public noncommercial use 11. Those requiring payments of patents after
3. Adequate remuneration expiration of term
4. Patentee is informed promptly if demand 12. Those prohibiting license to export
is inadequate licensed product
5. Notified if national emergency 13. Those restricting use after expiration
6. If national emergency, determined by 14. Those exempting licensor from liability
President 15. Other clauses with equivalent effects
7. Non-exclusive
Mandatory Provisions in Voluntary Licensing
Extent of Protection [TAIL]
1. Literal Infringement [exists if an 1. Taxes on royalty shall be borne by
accused device falls directly within the licensor
scope of properly interpreted claims] 2. Arbitration clause pursuant to PH and
2. Doctrine of Equivalence [if 2 devices do UNCITRAL
the same work in substantially the same 3. Continued access to improvements
way and accomplish substantially the 4. Laws of PH shall govern interpretation
same result, they are the same]
Grounds for Compulsory Licensing [PANPD]
Remedies for Infringement [DIDC] 1. Public interest, national security, health
1. Damages or development of other sectors
2. Injunction 2. Anti-competitive manner of exploitation
3. Disposal or Destruction 3. Drugs and medicines, in case of national
4. Criminal action for Repetition emergency
Infringement 4. Public noncommercial use
5. Demand not met adequately
Prohibited Clauses in Voluntary Licensing
1. Full or partial purchase option in favor of Period for filing a Petition for Compulsory
licensor License
2. Those imposing upon licensee the 1. 4 years from date of filing of application
obligation to acquire capital goods, etc 2. 3 years form the date of patent
3. Right of licensor to reserve the right to fix
the price Terms and Condition of Compulsory License
4. Restrictions regarding volume, etc [TEARS2]
5. Require payment of royalties to owners of 1. Terminated if cause ceased
patents not used 2. Non-exclusive license
3. Non-assignable license
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

4. Adequate remuneration 5. Color Marks

5. Scope limited to purpose 6. Patterns
6. Supply devoted primarily to Philippine 7. Motion Marks
Market 8. Hologram Marks

Utility Model Spectrum of Distinctiveness

- also called Petty Patent or Small Patent 1. Must not be [GD]
a. Generic
TRADEMARKS, SERVICE MARKS, TRADE b. Descriptive
NAMES 2. Must be [SAF]
a. Suggestive
Mark b. Arbitrary
- visible sign capable of distinguishing c. Fanciful
goods or services
Degrees of Distinctiveness [FADSG]
Collective Mark 1. Fanciful
- common characteristic, used by different 2. Arbitrary
enterprises 3. Descriptive
- any visible sign capable of distinguishing 4. Suggestive
the origin or any other common 5. Generic
characteristic of goods or services of
different enterprises which use the sign Types of Confusion [GO]
under the control of the registered owner 1. Confusion of Goods
of the collective mark 2. Confusion of Origin

Trade Name Marks that cannot be registered [FIPI]

- name or designation distinguishing an 1. Flag or coat of arms of a nation
enterprise 2. Immoral or deceptive matter, national
symbols, scandalous, suggest connection
Functions of Trademarks [IGA] to living or dead persons
1. Indicate the origin of goods 3. Name of persons, name of president in
2. Guarantee the standard of quality lifetime of widow, except:
3. Advertise the goods a. secondary meaning
b. consent
Characteristics of Trademark [VDL] 4. Identical Mark registered or first filed to
1. Visible a. similar goods
2. Distinctiveness b. cause confusion
3. Legal compliance c. nearly resembles such mark

Categories of Trademarks [WTF-CCPMH] Tests in Trademarks [DH]

1. Word Marks 1. Dominance Test - main of essential
2. Three-dimensional Marks features of the mark
3. Figurative Marks 2. Holistic Test - taking into account the
4. Combination of the Two entire product
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

What is a Dominancy Test? a. use in commerce or any

- focuses on the similarity of the prevalent reproduction
or dominant features of the competing b. Reproduce, counterfeit, copy or
trademarks that might cause confusion, colorably imitate a registered
mistake, and deception in the mind of the mark
purchasing public.
Limitations to Actions for Infringement
What is a Holistic Test? [PUPA]
- requires that the entirety of the marks in 1. Prior use
question be considered in resolving 2. Untampered sold imported drugs
confusing similarity of competing 3. Printing Business
trademarks. 4. Part of Advertisement

What is Idem Sonans Rule? Distinguish Infringement from Unfair

- a person's identity is presumed known Competition [RFD]
despite the misspelling of his or her Infringement Unfair
name, if the misspelled name sounds the Competition
same when pronounced
As to Yes No
registration
What is the Doctrine of the Secondary
Meaning? As to fraud No Yes
- must be arisen as a result of substantial
As to Unauthorized Passing Off
commercial use of a mark in the
definition use
Philippines.
- Such use must result in the distinctiveness
of the mark insofar as the goods or the Unfair Competition
product are concerned - passing off or attempting to pass upon the
- proof of substantially exclusive and public goods of one person or business of
continuous commercial use in the another with the end of deceiving the
Philippines for 5 years before the date on public
which the claim of distinctiveness is
made Elements of Unfair Competition [CDD]
1. Confusing similarity in the general
Cancellation of License Contracts appearance of the goods
1. Within 5 years from date of registration 2. Intent to:
2. At any time, mark becomes generic a. deceive the public; and
3. At any time, owner fails to use mark b. defraud a competitor
within PH for straight years
What is Trademark Dilution?
Elements of Trademark infringement [RWC] - Lessening the capacity of the power of a
1. Registration famous mark to distinguish products
2. Without consent of owner without confusion
3. Commits the following acts:
What is Derivative Work?
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

- dramatization, translation, adaptation, 1. Moral Right

abridgements, arrangements, and other 2. Economic right
alterations of literary or artistic works 3. Droit de Suite - right to participate in the
- collections of literary, scholarly or artistic gross proceeds of the sale or lease of the
works or compilations of data original work

What are Unprotected Subject Matters? Rights under Economic Right [DRRAF-PC]
[PINDOG] 1. Right to public display
1. Pleadings 2. Right to rental
2. Idea (idea expression dichotomy) 3. Right to reproduction
3. News of the day (the expression is 4. Right to adaptation
protected, but not the idea itself) 5. Right to first public distribution
4. Decisions of the courts and tribunals 6. Right to public performance
5. Official text of legislative, administrative 7. Right to communication to the public
or legal nature
6. Works of Government of the Philippines Rights under Moral Right [DAMA]
1. Right against distortion
Literary and Artistic Works [BALL PAID ON 2. Right of attribution
CMDOD] 3. Right against misattribution
1. Books, pamphlets, articles, other writings 4. Right to alteration
2. Audiovisual and cinematographic works
3. Lectures, sermons, addresses What is the First Sale Doctrine?
4. Letters - The owner is entitled to the proceeds of
5. Photographic Works the first sale but not on the subsequent
6. Pictorial illustrations and advertisements sales
7. Illustrations, maps, plans, sketches
8. Dramatic compositions Limitations on Copyright [GF-PRI]
9. Original ornamental designs 1. General limitations
10. Periodicals and newspapers 2. Fair use
11. Computer programs 3. Private reproduction of published work
12. Musical compositions in a single copy by a natural person for
13. Drawings research
14. Others 4. Reprographic reproduction in a single
15. Work of drawings copy by non-profit libraries
5. Importation for personal purpose under
What is Idea Expression Dichotomy? certain conditions
- limits the scope of copyright protection
by differentiating an idea from the Ownership of Copyright
expression or manifestation of that idea Creator To Whom It
which means that ideas per se are not Belongs
protectable under copyright laws, but
expressions of these ideas are. Single Author, heirs,
assigns

Rights Given to the Copyrighter [MED]

Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Joint If Identifiable =
1. Work of architecture
unidentifiable = owns each part 2. Entire book or a substantial part or a
co-owners musical work in graphic form by
Life of reprographic means
surviving
authors except 3. Compilation of data and other materials
when there is 4. Computer programs
contrary 5. Reproduction where it would
agreement unreasonably conflict with normal
Employee Regular duties If not = exploitation of the work
= employer employee
Library may make a single copy of the work by
Commissioned Who
reprographic means when [FIP]
Work commissioned
1. Fragile character of book or its rarity
Copyright = 2. Works are isolated articles contained in
owner composite works
Cinematograph Exhibition Others = 3. To preserve it
ic Work purposes = producer,
producer author-scenario Terms of Protection
, composer,
film director, WORK TERM
author-work
Single Lifetime plus 50 years
Anonymous Publisher XPN: contrary (50 years will begin on
Work appears, the first day of January
pseudonym preceding the death)
leaves no doubt
of author’s Joint Lifetime plus 50 years
identity and
author Anonymous work 50 years after first
discloses publication
identity XPN: if author made
known: Lifetime plus 50
Collective Contributor is years
Works deemed to
waive rights Work of applied art 25 years after date of
unless he making
expressly
reserves it Photographic works 50 years from making
50 years from publishing
Letters Writer = owns
copyright Newspaper Lifetime plus 50 years

Recipient =
owns letter Remedies for Infringement [MADII]
1. Other terms and conditions including
payment of moral and exemplary
GR: Private production of a published work
damages
exclusively used for research and private study is
2. Pay actual damages to copyright
allowed.
proprietor or his assigns and heirs
XPN: Does not extend to:
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

3. Deliver for destruction without

compensation Distinguish lease of things vs. lease of service
4. Injunction restraining infringement (ORO)
5. Deliver for impounding during pendency
Lease of Lease of
of action things service

Persons Who May Acquire Ownership by As to object the object of the object of
Intellectual Creation [CAPS] the contract is the contract is
1. Composer as to his musical composition a thing somo work or
service
2. Author with regard to his literary,
dramatic, historical, legal, philosophical, As to the remedies the only
scientific o other work remedies in available remedy
3. Painter, sculptor, or other artist with case of breach incase of available is,
respect to the product of his art breach are as a general
4. Scientist or technologist or any other actions for rule, an action
specific for damages
person with regard to his discovery or
performance
invention or for damage

LEASE As to the principal the principal

obligation of obligation of of the lessor
What is lease? the lessor the lessor is to is to perform
deliver the some work or
- It is a consensual, bilateral, onerous, and
thing leased service for the
commutative contract by which one to the lessee lessee
person binds himself to grant temporarily
the use of a thing or the rendering of
Distinguish Assignment of Lease vs Sublease
some service to another who undertakes
to pay some rent, compensation, or price. Assignment Sublease
of lease
What is the lease of things?
As to the lessee no personality
- In the lease of things, one of the parties disappearance transmits disappears
binds himself to give to another the of personality absolutely his
enjoyment or use of a thing for a price rights, his
certain, and for a period which may be personality
definite or indefinite. However, no lease disappears
for more that 99 years shall be valid.
As to the there only There are two
parties remains in the leases and
What is lease of work and service involved juridical two distinct
- In the lease of work or service, one of the relation two juridical
parties binds himself to execute a piece of persons, the relations,
work or to render to the other some lessor and the although
service for a price certain, but the relation assignee who intimately
is converted connected and
of principal and agent does not exist
into a lessee related to
between them. each other

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

a. proportional reduction of the

Obligation of the lessor: rend; or
1. To deliver the thing which is the object of b. A rescission of the lease
the contract in such a condition as to
render it fit for the use intended: Extinguishment of lease
2. To make on the same during the lease the 1. Expiration of the period;
necessary repairs in order to keep it 2. Total loss of the thing;
suitable for the use to which it has been 3. By the resolution of the right of the
devoted, unless there is a stipulation to lessor, such as when the lessor is
the contrary; and usufructuary and the usufruct is
3. To maintain the lessee in the peaceful an terminated;
adequate enjoyment of the lease for the 4. By the will of the purchaser or transferee
entire duration of the contract. of the things;
4. To pay ½ of the value of the necessary 5. By rescission due to nonperformance of
improvements the obligations of one of the parties
6. The dwelling place or building is on an
Obligation of the lessee: imminent danger to life or health,
1. To pay the price of the lease according to rescission can be made.
the terms stipulated;
2. To use the thing leased as a diligent father What is tacita reconducion?
of a family, devoting it to the use - implied new lease or implied renewal of
stipulated; and in the absence of lease.
stipulation, to that which may be inferred
from the nature of the thing leased Elements of tacita reconducion:
according to the custom of the place; 1. The contract of lease should have ended;
3. To pay the expenses for the deed of lease. 2. That the lessee should have continued
4. To notify the lessor of the usurpation enjoying the thing leased for 15 days;
which third person may commit 3. That such continued enjoyment should be
5. To advise the lessor of the need for with the acquiescence of the lessor;
repairs 4. That anotice to the contrary by either
6. To return the thing leased upon party should not have been previously
termination of lease given;
7. Responsible for the loss or deterioration 5. That there should have been no express
of the thing leased; contract entered into by lessor and lesses
8. Liable for any deterioration caused by after the old contract ended.
members of his household, guests, or
visitors Grounds for Lessor to judicially Eject Lessees
[DELV]
When is lease extinguished 1. Leasee devotes the thing leased to any
- If the leased property is completely use or service not stipulated which causes
destroyed, the lease is extinguished the deterioration thereof.
- f partially destroyed, lessee may choose 2. When the period agreed upon has
between: expired;
3. Lack of payment of the price stipulated;
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

4. Violation of any condition agreed upon in

the contract. Instances where the purchaser of the thing leased
Grounds for judicial ejectment under RA No cannot terminate the lease:
9341: 1. Where the lease is recorded in the registry
1. Assignment of lease or subleasing of of Property;
residential units in whole or part, 2. Where there is a stipulation in the
including the acceptance of boarders or contract of sale that the purchaser shall
bedspacers, without the written consent of respect the lease;
the owned/lessor 3. Where the purchaser knows of the
2. Arrears in payment of rent for a total of existence of the lease;
three (3) months 4. WHere the sale is fictitious
3. Legitimate need of the owner/lessor to 5. WHere the sale is made with right to
repossess his of her property for his or her repurchase
own use or for the use of any immediate
member of his or her family as a Rights as to the reimbursement:
residential unit As to the useful improvements: LESSOR has this
4. Need of the lessor to make necessary right, not the LESSEE
repairs of the leased premises for safety 1. The lessor, upon termination of the lease,
and habitability; shall pay the lessee ½ of the value of the
5. Expiration of the period of the lease improvements at that time
contract. 2. If the lessor refused to reimburse, the
lessee may remove the improvements
Requisites to warrant ejectment for personal use even though the principal thing may
of the owner: suffer damage.
1. the lease for a definite period has expired
2. The lessor has given the lessee formal As to the ornamental expenses:
notice 3 months in advance of the lessor’s 1. The lessee is not entitled to
intention to repossess; reimbursement but may remove the
3. The lessor is prohibited from leasing the ornamental object without damage, and
residential property to a third person for a the lessor does not choose to retain them
period of 1 year from the time of by paying their value at the time the lease
repossession. is extinguished.

Requisites to warrant ejectment for the lessor to Lease of Rural Land Rules:
make necessary repairs: 1. When the loss is due to ordinary
1. After the repair, the lessee ejected shall fortuitous event, the lessee shall have no
have the first preference to lease the right to a reduction of the rent;
property; 2. When the loss is due to an extraordinary
2. The new rent shall be reasonably and unforeseen fortuitous event, and the
commensurate with the expenses loss was more than ½ of the fruits, there
incurred; shall be a reduction unless there is a
3. If the residential unit is completely specific stipulation to the contrary.
demolished, the first-preference rule no
longer applies.
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

regardless of whether the lease or

General Rules if the Duration of the Lease is not mortgage is registered or not.
Fixed: Requirements to qualify and avail of rights under
1. If there is a fixed period - the lease will PD 1517
be for said period 1. A legitimate tenant of the land for 10
2. If there is NO fixed period, apply the years or more;
following rules: 2. Must have built his home on the land by
3. If rent is paid daily, the lease is from day contract
to day. 3. Has resided continuously for the last 10
4. If rent is paid weekly, lease is from week years
to week.
5. If rent is paid monthly, the lease is from COMMON CARRIERS
month to month.
6. If rent is paid annually, the lease is from Requisites for the carrier to be exempted from
year to year. liability:
1. The natural disaster must be the
But, the court can fix a longer period if: proximate and only cause of the loss,
1. If rent is paid monthly, the lessee has destruction, or deterioration;
occupied for more than 1 year. 2. the carrier must have exercised due
2. If rent is paid weekly, the lessee has diligence to prevent or minimize the loss
occupied it for more than 6 months. before, during, and after the occurence of
3. If rent is paid daily, the lessee has the natural disaster.
occupied for more than 1 month.
Requisites for the agreement between the shipper
Limitations imposed upon the lessor to protect the and carrier limiting the liability of the latter to be
lessee: valid:
1. The rent of any residential unit covered 1. It must be in writing, signed by the
by this Act shall not be increased by more shipper or owner;
than 10% annually as long as the unit is 2. It must be supported by a valuable
occupied by the same lessee; consideration
2. No lessor may demand more than one 3. It must be reasonable, just, and not
month advance rent. Neither can he contrary to public policy
demand more than two (2) months'
deposit which shall be kept in a bank Samples of agreements or stipulations between
under the lessor’s account name during shipper and common carriers which are
the entire duration of the lease agreement. unreasonable, unjust, and contrary to public
Any and all interest that shall accrue policy:
therein shall be returned to the lessee at 1. That the goods are transported at the risk
the expiration of the lease contract. of the owner or shipper;
3. No lessor or his successor-in-interest shall 2. That the carriers will not be liable for any
be entitled to eject the lessee upon the loss, destruction, or deterioration of the
ground that the leased premises have been goods;
sold or mortgaged to a third person 3. That the carriers need not observe any
diligence in the custody of the goods;
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

4. That the carrier shall exercise a degree of consists a just cause of

diligence less than that of a good father of exclusive possession or
a family, or of a man of ordinary which is the foundation
prudence in the vigilance over the of ownership of property
movable transported; a conclusive evidence of
5. That the carrier shall not be responsible ownership and cannot be
for the acts or omissions of its employees; attacked collaterally
6. That the carrier’s liability for acts
committed by thieves, or robbers who do Deed
not act with grave or irresistible threat, - A written instrument executed according
violence, or force, is dispensed with or to law where a person grants or conveys
diminished; to another a certain land, tenements, or
7. That the carrier is not responsible for the hereditaments
loss, destruction, or deterioration of the
goods on account of the defective Elements of a Deed [GG WDSN 2]
condition of the car, vehicle, shi, airplane, a. Grantor
or other equipment used in the contract of b. Grantee
carriage. c. Words of Grant
d. Description of property involved
What is respondeat superior e. Signature of grantor
- It refers to that rule by virtue of which, if f. Notarial acknowledgment
the damage or injury is caused by the g. at least 2 witnesses
negligence or willful act of an employee,
the employer is liable only when the act Estate
of the employee is within the scope of his - Represents nature, extent, degree and
authority and duty. quantity of a person’s interest in land
- DOes not apply in the Philippines
Types of Estate
LAND TITLES & DEEDS a. Freehold Estate
i. Fee Simple
Land Title ii. Fee Tail
- It is the evidence of the right of the owner iii. Life Estate
or the extent of his interest by which he b. Less-than-Freehold Estate
can maintain control and assert right to i. Estate for Years
exclusive possession and enjoyment of ii. Tenancy from period to period
the property iii. Tenancy at will

Title vs Certificate of Title Land Registration

TITLE CERTIFICATE OF - A judicial or administrative proceeding
TITLE where a person’s claim of ownership over
a particular land is determined and
Lawful cause or ground Mere evidence of
of possession that is ours ownership and not the
confirmed or recognized so that the land
title to the land itself and the ownership may be recorded in a
public registry
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

Nature of Land Registration = in rem Purpose of Torrens System

[proceeding where the object of the action is to a. Quiet title to land
bar indifferently all who might be mined to make b. Put a stop forever to any question of
an objection of any sort against the right sought to legality of title except claims which may
be established, and if anyone in the world has a arise subsequent thereto
right to be heard on the strength of alleging facts c. To decree that land titles be final,
which if true, show an inconsistent interest] irrevocable, and indisputable

Laws Implementing Land Registration GR: A title once registered cannot be impugned,
a. Public Land Act altered, changed, modified, enlarged, or
b. Property Registration Decree diminished.
c. Cadastral Act XPN: Direct proceedings permitted by law,
d. Indigenous Peoples Rights Act usually for the protection of innocent third
e. Emancipation Decree persons.
f. Comprehensive Agrarian Reform Law
Land Registration Authority
Purpose of Land Registration - Agency under executive supervision of
a. Species of notice the DOJ charged with efficient execution
b. Notify and protect interests of strangers of the laws relative to registration of lands

Object of Registration = only real property or Functions of LRA [SCR]

real rights a. Extend speedy and effective assistance to
DAR, Land Bank, and other agencies in
Classification of Lands [FAMN] implementing land reform program of
a. Forestland or timberland government
b. Agricultural b. Extend assistance to courts in ordinary
c. Mineral lands and cadastral land registration
d. National Parks proceedings
c. Be the central repository of records
Registrable Lands relative to original registration of lands
a. Alienable public agricultural lands that were titled under Torrens system
b. Private lands
Register of Deeds
Torrens System - Public repository of records of
- A system for registration of land under instruments affecting registered or
which the court may direct the issuance of unregistered lands and chattel mortgages
a certificate of title after appropriate in the province or city wherein such
proceedings and upon landowner’s office is situated
application
- Principle is security with facility in Functions of ROD [DRIP]
dealing with land a. If non-registerable, deny registration and
inform presenter in writing with the
Nature of Torrens System = judicial reason

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

b. Register an instrument presented for - Once registered, it cannot be defeated,

registration even by adverse, open, and notorious
c. Prepare and keep index system possession
containing names of all registered owners - Also cannot be defeated by prescription
and lands registered
d. Shall see to it that instrument bears the GR: A decree of registration bars all claims and
proper documentary stamps and were rights which arose or may have existed prior to
properly canceled the decree of registration. By issuance of the
decree, the land is bound and title thereto is
Land Registration Authority vs Registry of quieted.
Deeds [CDF] XPNs:
LRA ROD
a. Claims noted on the certificate
b. Liens, claims, rights arising or existing
As to Administrator Register of under the laws and the constitution which
composition and 2 Deputy Deeds and are not by law required to appear on
Administrators Deputy
record in ROD
As to Agency which Public repository c. Unpaid real estate taxes levied and
definition handles the of records of assessed within 2 years immediately
efficient instruments
preceding the acquisition of any right
execution of the affecting
laws relative to registered or over the land by an innocent purchaser for
the registration unregistered value
of lands lands and chattel
mortgages in the
GR: Land becomes incontrovertible and
province/city
where the office indefeasible. A decree of registration and a
is located registered title cannot be impugned, enlarged,
altered, modified, or diminished either in
As to SCR DRIP and
functions ministerial collateral or direct proceeding after the lapse of
1-year period prescribed by law.
XPNs:
Torrens Title
a. If previous valid title of the same land
- Certificate of ownership issued by ROD
exists
naming and declaring the owner of the
b. When the land covered is not capable of
real property described therein free from
registration
all liens and encumbrances, except those
c. When acquisition of certificate is attended
expressly noted or reserved by law
by fraud

Kinds of Titles
GR: If a purchaser/mortgagee/grantee fails to
a. Original Certificate of Title
register his deed, it shall not be valid against any
b. Transfer Certificate of Title
person unless registered.
c. Patents
XPN: The grantor, his heirs, and devisees and
third persons have actual notice and knowledge
Probative Value
thereof.
- A TCT is valid and enforceable against
the whole world
Regalian Doctrine
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

- All lands of public domain belong to the b. Private lands ADE used for prawn farms
state, thus private title to land must be and fishponds
traced to some grant, express or implied, c. Lands ADE used for national defense,
from the state school sites, campuses, church sites, and
convents
Agrarian Lands
- Land devoted to agricultural activities and Registration of Agrarian Lands
not classified as mineral, forest, Issuance of Certificates of Land Transfer
residential, commercial or industrial land > Issuance of Emancipation Patents
> Transfer Certificate of Title
Agrarian Reform
- Redistribution of lands to farmers and Native Title to Land
regular farmworkers who are landless to - Exception to Theory of Jura Regalia
include the totality of factors and support - Ownership of land by Filipinos by virtue
services designed to lift the economic of possession under a claim of ownership
status of the beneficiaries and all other since time immemorial and independent
arrangements alternative to the physical of any grant
redistribution of lands
Ancestral Lands
Tenant Emancipation Doctrine - Refers to land occupied, possessed, and
- Provides for the emancipation of farmers utilized by individuals, families, and clans
of private agricultural lands primarily who are members of ICCs/IPs since time
devoted to rice and corn under a system immemorial
of sharecrop or lease-tenancy, whether
classified as landed estate or not Ancestral Domains
- All areas generally belonging to ICCs/IPs
Scope of Comprehensive Agrarian Reform comprising lands, inland waters, coastal
Law areas and natural resources therein held
a. All alienable and disposable lands of under claim of ownership, occupied or
public domain devoted to or suitable for possessed by themselves communally or
agriculture individually since time immemorial
b. All lands of public domain in excess of
specific limits as determined by Congress Modes of Acquiring Ancestral Lands and
c. All other lands owned by government Ancestral Domains
devoted to or suitable for agriculture a. By native title over both ancestral lands
d. All private lands devoted to or suitable and domains
for agriculture regardless of agricultural b. By Torrens title under Property
products raised Registration Decree with respected to
ancestral lands only
Exemptions
a. Lands ADE used for parks, wildlife, REQs for Registration of Ancestral Lands
forest reserves, reforestation, fish a. Applicant is member of indigenous
sanctuaries and breeding grounds, ICCs/IPs
watersheds and mangroves
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

b. Possession of ancestral land must not be e. Land sold to an alien which is now in the
less than 30 years immediately preceding hands of a naturalized citizen can no
approval of IPRA on October 29, 1997 longer be annulled
c. By operation of law, land is classified as f. Aliens may acquire condo units up to no
alienable and disposable even with a more than 40% of total OCS
slope of 18% or more
GR: Private corporations may not hold alienable
Certificate of Ancestral Domain Title lands of public domain.
- Title formally recognizing the rights of XPN:
possession and ownership of ICCs/IPs a. By lease for a period not exceeding 25
over their ancestral domains identified years [renewable for another 25 years and
and delineated according to law not exceeding 1k hectares]
b. Predecessors-in-interest of corporation
Certificate of Ancestral Lands Title have been in possession of it since June
- Title formally recognizing the rights of 12, 1945
ICCs/IPs over ancestral lands
Limitations to Ownership of Land by
GR: Only Filipinos can acquire or hold title to Corporations
private lands of public domain. a. For private lands:
i. at least 60% Filipino
Krivenko Doctrine ii. Restricted only to the purpose
- The capacity to acquire private land is which it was created
made dependent upon the capacity to iii. If engaged in agriculture,
acquire or hold lands of public domain restricted to 1,024 hectares
- Private land may be transferred or b. For patrimonial property:
conveyed only to individuals or entities i. Lease only for 25 years
qualified to acquire lands of public ii. Limited to 1K hectares
domain iii. Applies to both filipino and
foreign corporations
GR: Aliens disqualified from acquiring public iv. Limitation does not apply if
lands and private lands. corporation acquired the land
XPNs: which is already private land
a. Aliens by way of hereditary succession
b. Natural born citizens who have lost their Original Registration
citizenship - a proceeding brought before the Land
c. Aliens may lease private land provided Registration Court to determine title or
that the lease does not amount to a virtual ownership of land on the basis of an
transfer of ownership application for registration or answer by a
d. Lands acquired by an American citizen claimant in a cadastral registration
prior the proclamation of PH
independence on July 4, 1946 but after Original Registration vs Subsequent
passage of 1935 Constitution may be Registration
registered ORIGINAL SUBSEQUENT

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

REGISTRATION REGISTRATION
4. Agree that service of any
legal process in the
When right of ownership Any transaction proceedings shall be of
or title to land is for the affecting such originally the same legal effect
first line made of public registered land may be
record registered in the ROD c. Under Section 12, CA 141
i. Any citizen of the PH over age of
18 or head of family
Voluntary Registration vs Involuntary
ii. Does not own more than 24
Registration
hectares of land in PH or has not
VOLUNTARY INVOLUNTARY had any benefit of gratuitous
REGISTRATION REGISTRATION allotment of more than 24
One files to the proper Compulsory registration hectares of land since occupation
court under Property initiated by the by US
Registration Decree [PD government to d. Under RA 8371
1529], Public Land Act adjudicate ownership of
i. Formal recognition of ancestral
[CA 141], IPRA [RA the land . This is
8371] involuntary on the part domains by virtue of native title
of the claimant but are ii. Option to secure certificate of
compelled to title under CA 141 or Land
substantiate their claim
or interest
Registration Act

Where to File?
Who May Apply? - Court which has territorial jurisdiction
a. Under Section 14, PD 1529 over the property
i. Those who are in open,
continuous, exclusive, and GR: RTC of the province, city, or municipality
notorious possession and where property is situated.
occupation of alienable and XPN: Delegated jurisdiction to MTC. MeTC, and
disposable lands of public land MCTC if there is no controversy over the land or
ii. By prescription its value is less than 400K
iii. By right of accession or accretion
iv. By manner provided by law [land Registration Process and Requirements
owned in common; land sold 1. Survey
under pacto de retro; land subject 2. Filing of Application
to trust agreement] 3. Setting the date for the initial hearing of
b. Under Section 16, PD 1529 application by the Court
i. Land applied for registration by a 4. Transmittal to LRA
non-resident of the PH 5. Publication of Notice of the filing of
1. Instrument in due form application and date and place of hearing
2. Appointing a duly 6. Service of Notice
authorized representative 7. Answer
or attorney-in-fact 8. Hearing of the case by the court
3. Gives his full name and 9. Promulgation of Judgment by the Court
postal address 10. Issuance of the Decree [decision in land
registration proceedings becomes final
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

after expiration of 30 days from date of Ordinary Registration vs Cadastral

service but the Decree will only become Registration [PAS OFF]
final after lapse of 1 year] ORDINARY CADASTRAL
11. Entry of the Decree of Registration REGISTRATI REGISTRATI
[reckoning date to determine 1 year ON ON
period from which one can impugn the
As to kind of Voluntary Involuntary
validity] proceedings
12. Sending of copy of the Decree of
Registration to the corresponding ROD As to who is Applicant is a Applicant is the
the applicant person claiming Director of
13. Transcription of the Decree of
title to the land Lands
Registration
As to subject Involves private All classes of
Remedies of an Aggrieved Party lands land but may land covered
also refer to
a. Motion for New Trial public
b. Relief from Judgment agricultural
c. Appeal lands if object is
d. Petition or Review of Decree of judicial
confirmation of
Registration imperfect or
e. Action for Reconveyance incomplete title
f. Quieting of Title
g. Cancellation of Title As to effect res judicata does not
of upon the parties constitute res
h. Action for Damages determination judicata
i. Action for Compensation from Assurance of ownership
Fund
As to manner Applicant Government
j. Annulment of Judgment of Final Orders
of filing comes to court asks the court to
and Resolutions to confirm his settle and
k. Reversion title and seek adjudicate title
l. Criminal Prosecution registration of land

As to effect If fails to prove If cannot be

Cadastral Registration of failure to title, it may be proven, land
- A proceeding in rem, initiated by filing a prove dismissed becomes public
petition for registration by the without lands
prejudice
government on the pain of losing the
claim of ownership of the land, in effect
compelling them to go to court to make Procedure in Cadastral Registration
known their interest 1. Determination of the President that public
- Compulsory interest requires title to unregistered lands
be settled and adjudicated.
Purpose of Cadastral Registration 2. Director of Lands shall make a cadastral
a. Serve public interest survey.
b. Settle all disputes over the land 3. Director of Lands gives notice to
c. Remove all clouds over land titles interested persons and the general public.
4. Publication of notice

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

5. Geodetic Engineers shall give notice in Innocent purchaser for Entry in ROD’s day
advance of the date of survey. value becomes book sufficient notice
6. Interested persons communicate with registered owner once he even if COR not
geodetic engineer if they request presents and files presented
notarized and valid DOS
information about land and was entered in the
7. Actual survey and plotting of the land day book of ROD
8. DOL represented by SOLGEN shall
institute original registration proceedings Voluntary Dealings
9. Publication - deeds, instruments, documents which are
10. Hearing the results of free and voluntary acts of
11. Decision parties thereto
12. Issuance of Decree and COT
Innocent Purchaser for Value and In Good
Subsequent Registration Faith
- A proceeding where incidental matters - Someone who buys the property of
after original registration may be brought another without notice that some other
before the land registration court by way person has a right to or interest in it, and
of motion or petition filed by registered who pays a full and fair price at the time
owner or a party in interest of the purchase or before receiving any
notice of another person’s claim
Voluntary Dealings vs Involuntary Dealings
VOLUNTARY INVOLUNTARY Mortgagee in Good Faith
DEALINGS DEALINGS - Even if the mortgagor is not the rightful
Refers to deeds, Refers to writs, orders,
owner of, or does not have the valid title
instruments, or or processes issued by to the mortgaged property, the mortgagee
documents which are the court of record in good faith is entitled to protection
results of the free and affecting registered land
voluntary acts of parties
Mirror Doctrine
1. Sale 1. Attachment - every person dealing with a registered
2. Real property 2. Mandamus land may safely rely on the correctness of
mortgage 3. Sale on
the certificate of title issued therefor and
3. Lease execution of
4. Pacto de retro judgment is not obliged to go beyond the certificate
sale 4. Adverse claims to determine the condition of property
5. Extrajudicial 5. Notice of lis
settlement pendens
GR: A person dealing with registered property
6. Free 6. Expropriation
patent/homeste 7. Forfeiture need not go beyond, but only has to rely on the
ad 8. Auction sale on title.
7. Powers of foreclosure of XPNs: when should purchasers investigate? [BF
attorney mortgage
8. Trusts
BALD]
a. Banks
Presentation of owner’s Entry in the day book of b. Financing institutions
duplicate COT is ROD is sufficient notice c. Purchaser in bad faith
required to notify to all persons
d. Party has actual knowledge of facts

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

e. COT contains notice of lis pendens c. No other provision is made in the decree
f. Rights over a land is evidenced only by for the registration of such right or
DOS and annotation in the COT but no claimant
TCT
REQs for Registration of Adverse Claim
Double Sale [RPT] a. Give statements in writing of alleged
- Where two certificates of title are issued right, how this was acquired, description
to two different persons covering the of land, number of COT
same parcel of land in whole or in part, b. Statement must be signed by adverse
the earlier in date must prevail as between claimant and sworn before notary public
the original parties and in case of c. State residence or place to which all
successive registration where more than notices may be served upon him
one certificate is issued over the land, the
person holding title under the prior Lis Pendens
certificate is entitled to the property as - an announcement to the whole world that
against the person who relies on the a particular real property is in litigation.
second certificate The inscription serves as a warning that
one who acquires an interest over
GR: A forged deed is an absolute nullity and litigated property does so at his own risk,
conveys no title. or that he gambles on the result of the
XPN: If there is good faith, TCT has already been litigation over the property
issued to purchaser, him being innocent purchaser
for value then the title is good. When Notice of Lis Pendens is Proper
a. Recover possession of real estate
Involuntary Dealings b. Quiet title
- writ, order, or process issued by the court c. Remove clouds upon the title thereof
of record affecting registered land, also d. For partition
other instruments which are not willful e. Other proceedings of any kind in court
acts of the registered owner, executed directly affecting title to land or use
without his knowledge or consent
When Notice of Lis Pendens is Not Proper
GR: Duty of ROD is ministerial. a. Proceedings for the recovery of money
XPN: May refuse registration if title to land is not judgments
in the name of defendant [except if petitioner is an b. Attachment
heir] and no evidence is submitted to show he has c. Proceedings on probate of wills
present or possible future interest in land d. Administration of estate of deceased
persons
When is a claim adverse? e. Levies an execution
a. Claimant’s right or interest in land is f. Foreclosure
adverse to the registered owner
b. Right arose subsequent to date of original Non-Registrable Properties
registration a. Properties of public dominion
b. Waters

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

c. Forest or timberland, public forest, forest unregistered deed, such, for instance, as
reserves title by prescription, and that it has no
d. National parks reference to rights acquired under that
e. Mangrove swamps unregistered deed itself
f. Mineral lands
g. Foreshore land and seashore and
reclaimed lands
h. Lakes
i. Creeks and streams
j. Military or naval reservations
k. Watershed
l. Grazing lands
m. Previously titled land
n. Alluvial deposit along river when
man-made
o. Reservations for public and semi-public
purposes

Patrimonial Property
- property that is open to disposition by the
Government, or otherwise property
pertaining to the national domain, or
public lands CASES

Dealings with Unregistered Lands Director of Lands vs Funtilar [Land Titles]

- No deed, conveyance, mortgage, lease, or - Facts: Funtilar’s heirs had already been
other voluntary instrument affecting land possessing it for 33 years but DAR wants
not registered under the Torrens system to cancel it saying it is a forest land. It is
shall be valid, except as between the not.
parties thereto, unless such instrument - The Regalian Doctrine which forms part
shall have been recorded in the manner of our land laws is a revered and long
herein prescribed in the office of the standing principle. It must however be
Register of Deeds for the province or city applied together with the constitutional
where the land lies provision on social justice and land
reform, and must be interpreted in a way
Effects of Transactions Covering Unregistered as to avoid manifest unfairness and
Land injustice.
a. As between parties = binding and valid - But when the land of public domain is in
b. As among 3rd persons = there must be danger of ruthless exploitation, fraudulent
registration for it to be binding titling or other questionable practice, a
strict application of the law is warranted.
Better Right
- right which must have been acquired by a Cruz vs Secretary of Environment and Natural
third party independently of the Resources [Land Titles]
Bacaling, John Lorie Property and Land Law
Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)
 REVIEWER IN PROPERTY LAW

- Facts: Cruz questions constitutionality of

IPRA saying it contravenes the
Constitution saying all natural resources
belong to the state.
- IPRA is not violative of the constitution.
What it provides is the utilization of lands
owned by IPs. The natural resources
belong to the state.
- Regalian doctrine does not negate native
title

Bacaling, John Lorie Property and Land Law

Caliosan, Dannielle Anne University of Southeastern Philippines (USeP)