28 SEPTEMBER 2017

ESTABLISHING AND ACQURING EASEMENT

 Easement are ESTABLISHED either by law
(legal) or the will of the owners (voluntary)
[Article 619]
 Easement may be ACQUIRED either by title
(law, donation, contract, will of the testator)
or by prescription of 10 years [Section 620]
 Only continuous and apparent easements
may be acquired by title or by prescription.
The rest may be acquired only by title.

MODES OF ACQUIRING EASEMENTS

Article 620. Continuous and apparent
easements are acquired either by virtue of a
title or by prescription of ten years.

Article 622. Continuous non- apparent

easements, and discontinuous ones, whether
apparent or not, may be acquired only by virtue
of a title.

EASEMENT OF RIGHT OF WAY

The requirements for an easement of right of
way to be compulsory and legally demandable
[Article 649]:
a) The person demanding must be the owner
of an enclosed estate, one with a real right
b) There is no adequate outlet to a public
highway
c) The right of way must be absolutely
necessary
 not only for the convenience of the
owner of the enclosed estate
d) Isolation must not be due to the claimant’s
own act
e) The right of way must be established a
point least prejudicial to the servient owner
 The shortest and the least damage
should be chosen. If not possible, the
way that will cause the least damage,
even if not the shortest, should be used.

WIDTH OF PATH
The width may be modified from time to time
depending on the reasonable needs of the
dominant estate.

WHEN NO COMPENSATION IS REQUIRED

Article 652. Whenever a piece of land acquired
by sale, exchange or partition, is surrounded by
other estates of the vendor, exchanger, or co-
owner, he shall be obliged to grant a right of
way without indemnity.

In case of a simple donation, the donor shall be

indemnified by the donee for the establishment
of the right of way.

COMPENSATION OF OWNER
PERPETUALLY/INDEFINITELY DEPRIVED OF
PROPERTY DUE TO EASEMENT
The owner should be compensated for
the monetary equivalent of the land if the
easement is intended to perpetually or
indefinitely deprive the owner of his proprietary
rights through the imposition of conditions that
affect the ordinary use, free enjoyment and
disposal of the property or through restrictions
and limitations that are inconsistent with the
exercise of the attributes of ownership, or when
the introduction of structures or objects which,
by their nature, create or increase the
probability of injury, death upon or destruction
of life and property found on the land is
necessary. [Cabahug vs. NPC, 689 SCRA 666, 30
January 2013]

CAUSES FOR EXTINGUISHMENT OF THE

EASEMENT OF RIGHT OF WAY
1. Opening of a new road
2. Joining the dominant estate to another

EXTINGUISHMENT NOT AUTOMATIC

 The servient estate may demand and
refund indemnity paid
 It follows that if he chooses not to
demand, the easement remains and he
has no duty to refund the indemnity

EASEMENT OF LIGHT AND VIEW

 It is both a positive and a negative
easement
 It is apparent and continuous and may be
acquired by title or by prescription

In cases of positive easement, it shall be

counted from the opening of the easement
on a party wall or on a balcony or a
projection extending over the adjoining
owner.

For a negative easement (made on a

wall/construction on the dominant estate),
it will commence upon:
a) a formal prohibition [Article 668]
b) the observance of the distances in
Article 670 (2 meters for direct view
and 6 cm for oblique view)
  The said distance shall not
apply to buildings
separated by a public way
or alley which is not less
than 3 meters wide [Article
672]
c) lapse of 10 years

EASEMENT OF LIGHT (luminis)

 The easement of light is the right to make
an opening not greater than 30 centimeters
square and to receive light from another’s
tenement.
 The opening must be made on the ceiling or
if on the wall, there must be an iron grating
(so you can’t look out, otherwise, it
becomes an easement of light and view).
 No minimum distance required.

EASEMENT OF LIGHT AND VIEW (luminis et

prospectus)
 The easement of light and view is the right
to open windows and apertures and to bar
the owner of the servient estate to block
the view
 The easement of view necessarily carries
with it the easement of light.
 Direct view: There must be a minimum
distance of 2 meters from the wall of the
opening and the contiguous property.
 Oblique view: There must be a minimum
distance of 60 centimeters from the wall of
the opening and the contiguous property.
 Non- observance of the minimum distances
will not create an easement.
 The owner of the servient estate cannot
build within 3 meters from the boundary
 between the servient and the dominant
estate. Thus, there is 5 meters between the
wall of the opening and any structure of the
servient estate.
 The obligation not to build higher
accompanies the easements of light and
view.

INTERMEDIATE DISTANCES [ARTICLES 677-681]

Article 679. No trees shall be planted near a
tenement or piece of land belonging to another
except at the distance authorized by the
ordinances or customs of the place, and, in the
absence thereof, at a distance of at least two
meters from the dividing line of the estates if
tall trees are planted and at a distance of at
least fifty centimeters if shrubs or small trees
are planted.

Every landowner shall have the right to demand

that trees hereafter planted at a shorter
distance from his land or tenement be uprooted.

The provisions of this article also apply to trees

which have grown spontaneously.

EXTENDING BRANCHES AND FRUITS

Article 680. If the branches of any tree should
extend over a neighboring estate, tenement,
garden or yard, the owner of the latter shall
have the right to demand that they be cut off
insofar as they may spread over his property,
and, if it be the roots of a neighboring tree
which should penetrate into the land of another,
the latter may cut them off himself within his
property.
Article 681. Fruits naturally falling upon
adjacent land belong to the owner of said land.

SUBJACENT AND LATERAL SUPPORT

 In lateral support, there is an obligation to
see to it that the structures on your
neighbor’s land will not collapse from your
land’s lack of support.
 In subjacent support, the owner of the
surface and the sub- surface are different.

NUISANCE
 Nuisance is any act, omission,
establishment, condition, property or
anything else which [Article 694; Aquino vs.
Mun. of Malay, Aklan, 737 SCRA 145, 29
September 2014]:
1) Injures or endangers the health or
safety of others; or
2) Annoys or offends the senses; or
3) Shocks, defies or disregards decency or
morality; or
4) Obstructs or interferes with the free
passage of any public highway or street,
or any body of water; or
5) Hinders or impairs the use of property.

 Anything which is offensive.

 Only courts of law have the power to
determine whether a thing is a nuisance.
 A nuisance per se is a nuisance at all times
and under any circumstances, regardless of
location or surroundings.

A nuisance per se is that which affects the

immediate safety of persons and property
and may be summarily abated under the
 undefined law of necessity. [Gancayco vs.
City Gov’t of Quezon City, 658 SCRA 853, 11
October 2011; Thelmo vs. Bustamante, 592
SCRA 552, 13 July 2009]

 A nuisance per accidens is a nuisance by

reason of circumstance, location or
surroundings.
 Criminal prosecution is instituted only for a
public nuisance to be commenced by the
city or municipal mayor. A private individual
may however, file an action on account of a
public nuisance if the same is specially
injurious to him. [Article 703]

DOCTRINE OF ATTRACTIVE NUISANCE

An owner is liable if he maintains in his
premises dangerous instrumentalities or
appliances of a character likely to lure/attract
children at play and he fails to exercise ordinary
care to prevent children of tender age from
playing therewith or resorting thereto. The
owner is liable even if the child is a trespasser.
NOT applicable to bodies of water,
artificial as well as natural, in the absence of
some unusual condition or artificial feature
other than the mere water in its location
[Hidalgo Enterprises vs. Balandan, 91 Phil. 488].
05 OCTOBER 2017

DONATION [ARTICLE 725-773]

 an act of liberality whereby a person
disposes gratuitously of a thing or right in
favor of another, who accepts it [Article
725]
FEATURES OF DONATION
a. Reduction of the donor’s patrimony
b. Enhancement or increase of the
donee’s patrimony
c. Animus donandi – intent to do an act of
liberality

ACCEPTANCE OR CONSENT
 Acceptance or consent is necessary in all
kinds of donation [Article 725]

The acceptance of the donation should be made

during the lifetime of the donor and the done
[Article 725]. This pertains to an inter vivos
donation.

ACCEPTANCE OF DONATION
The purpose of the formal requirement
for acceptance of a donation is to ensure that
such acceptance is duly communicated to the
donor. Since the donation is considered
perfected only upon the moment the donor is
apprised of uch acceptance, it has been ruled
that lack of such acceptance, as expressly
provided under the law, renders the donation
null and void [Homeowners Association of
Talayan Village, Inc. vs. JM Tuason & Co., 774
SCRA 315, 10 November 2015].
KINDS OF DONATION
Donations, according to its purpose or cause,
may be categorized as:
1) pure or simple: A pure or simple donation
is one where the underlying cause is plain
gratuity. This is donation in its truest form.
2) remuneratory or compensatory: one made
for the purpose of rewarding the donee for
past services, which services do not
amount to a demandable debt.
3) conditional or modal: one where the
donation is made in consideration of
future services or where the donor
imposes certain conditions, limitations or
charges upon the donee, the value of
which is inferior than that of the donation
given
4) onerous: that which imposes upon the
donee a reciprocal obligation or, to be
more precise, this is the kind of donation
made for a valuable consideration, the cost
of which is equal to or more than the thing
donated [Republic vs. Silim, 356 SCRA 1,
2001; Calanasan vs. Dolorito, 710 SCRA
505, 25 November 2013]

Onerous donations are governed by the rules

on contracts. [Calanasan vs. Dolorito, 710 SCRA
505, 25 November 2013]

THE EFFECT OF ILLEGAL OR IMPOSSIBLE

CONDITIONS IN SIMPLE AND REMUNERATORY
DONATIONS
They are considered as not imposed. The
conditions are merely accessory clauses and
their nullity should not affect the validity of the
donation [Article 727 in relation to Article 1183].
INTER VIVOS MORTIS CAUSA
 takes effect during  takes effect only
the lifetime of the upon the death of
donor the donor
 must follow the  must follow the
formalities of a formalities of a
donation will
 irrevocable as a  revocable for any
rule reason at any time
 must be accepted during the lifetime
during the lifetime of donor
of donor  Acceptance is
 valid even if the made after the
donor should death of donor.
survive the done Acceptance during
the lifetime of
The title given to a donor is
deed of donation is ineffective.
not determinative  void if donor
factor which makes should survive the
the donation “inter done
vivos” or “mortis
causa”. Rather it A donation mortis
depends on the causa takes effect only
nature of the after the death of the
disposition made. “Did donor, consequently it
the donor intend to is only after the
transfer the latter’s death that
ownership of the acceptance maybe
property donated made. [Vita vs.
upon the execution of Montanano, 195 SCRA
the donation? If this is 180, 1991]
so, as reflected from
the provisions Main consideration is
contained in the the death of the
donation, then it is donor. [Ibid]
inter vivos; otherwise,
it is merely mortis
causa, or made to take
effect after death.
[Reyes vs. Mosqueda,
187 SCRA 661, 1990]

DONATIONS “PROPTER NUPTIAS”; ELEMENTS

 those made by reason of marriage
ELEMENTS:
1. must be made before the marriage
2. must be made in consideration (on occasion)
of the marriage
3. must be made in favor of one or both of the
future spouses [Article 82]

PERFECCTION OF DONATION
From the moment the donor knows of the
acceptance by the donee [Article 734]

 Under the cognition theory, the contract is

perfected upon the donor’s learning of the
donee’s acceptance. It is not perfected
when the done simply manifests his
acceptance – the manifestation theory.
Knowledge by the donor is crucial.
 In order for the donation to be perfected,
the donor must have knowledge of the
donee’s acceptance. Thus, the donor must
be alive and must have capacity at the time
he learns of the donee’s acceptance.

DONOR
 All persons who may contract and dispose
of their property may make a donation.
[Article 735]
The donor must have both the capacity to
contract and the capacity to dispose of his
property. This must be determined at the time
of making of the donation [Article 737] which
means at the time of perfection of the donation.

DONEE
 All those who are not specially disqualified
by law to accept donations [Article 738] and
those who are not incapacitated [Article
743]

Those persons specially disqualified and

incapacitated are those persons stated in
Articles 739, 740, 1027, 1032 and Article 125 FC,
NOT to persons without capacity to act.

FORMS OF DONATION
MOVABLES [Article IMMOVABLE [Article
748] 749]
 If P5, 000 or less:  Regardless of the
orally or in value, it must be in
writing. Oral a public instrument
donation requires specifying the
simultaneous property donated
delivery of the and the value of
thing. the charges which
 If it exceeds P5, the done must
000: donation and satisfy.
acceptance need  Acceptance must
to be in writing. be made in the
deed or in a
separate public
document.
 If acceptance is in
a separate public
document, donor
 shall be notified in
an authentic form
and shall be noted
in both public
instruments.

A donation of a real
property in a private
instrument is void and
inexistent from the
beginning. The implied
admission is of no
moment and no effect.
[ Heirs of Doronio vs.
Heirs

REVERSION REVOCATION REDUCTION

A stipulation that 1) BAR: birth, 1) failure to
the property shall adoption or re- reserve
revert or be appearance sufficient
returned to the [Article 760] means for
donor. 2) non- fulfillment support
of a resolutory [Article 750]
Reversion in favor condition 2) failure to
of third persons is [Article 754] reserve
valid provided they 3) ingratitude of property to
are living at the the done pay debts
time of donation. [Article 765] [Article 759]
[Article 757] (one year to 3) inofficiousnes
revoke) s, donation
 A stipulation in exceeds that
a deed of  All crimes which which the
donation offend the donor can
providing for donor, including give by will
the donated falsification of [Articles 752
property to the public and 771] (5
donor upon document (or years
 non- illegal prescriptive
compliance of detention, period)
the condition is threats and 4) BAR [Article
valid. [Roman coercion), show 760]
Catholic ingratitude and
Archbishop of are causes for
Manila vs. CA] revocation.
[Eduarte vs. CA]

VOID DONATIONS
1) those made between persons who were
guilty of adultery or concubinage at the
time of the donation [Article 739 par. 1]
 conviction is not necessary
 the donation shall not be void if the
done did not know of the donor’s
existing marriage
2) those made between persons found
guilty of the same criminal offense, in
consideration thereof [Article 739 par. 2]
 aggravating circumstance of price,
promise or reward
3) those made to public officer or his wife,
descendants and ascendants, by reason
of his office [Article 739 par. 3]
4) donations made by guardians and
trustees of property entrusted to

DONATIONS MADE TO SEVERAL PERSONS

JOINTLY
Article 753. When a donation is made to several
persons jointly, it is understood to be in equal
shares, and there shall be no right of accretion
among them, unless the donor has otherwise
provided.
The preceding paragraph shall not be
applicable to donations made to the husband
and wife jointly, between whom there shall be a
right of accretion, if the contrary has not been
provided by the donor.

MODES OF ACQUIRING OWNERSHIP

3 Types of Modes
1. Original Mode
 in an original mode, ownership is
not acquired from an immediately
preceding owner
 intellectual creation, occupation
2. Derivative Mode
 in a derivative mode, ownership is
based on a right previously held by
another person
 law, tradition, donation, succession
3. Mixed Mode
 a 3rd mode was created since
prescription could not be classified
as original or derivative
 prescription

A. INTELLECTUAL CREATION
 Intellectual creation is now governed by
the Intellectual Property Code and the
TRIPS Agreement

Article 723. Letters and other private

communications in writing are owned by the
person to whom they are addressed and
delivered, but they cannot be published or
disseminated without the consent of the writer
or his heirs. However, the court may authorize
their publication or dissemination if the public
good or the interest of justice so requires.

Not yet sent – copyright belongs to writer

Sent – belongs to person to whom it is
addressed
If not received, copyright is not transferred

B. OCCUPATION
 For occupation to occur, the object must be
appropriable by nature. [Article 713]
 Occupation regarding animals happens by
hunting or fishing. The acquisition of
animals can be regulated by law (i.e.
dynamite fishing).
 The ownership of a piece of land cannot be
acquired by occupation [Article 714]. This is
based on the Regalian Doctrine. Under the
Regalian Doctrine, one cannot acquire lad
unless it was granted by the State or by its
prior owner.
 Under the Regalian Doctrine, there is no
such thing as land which is res nullius.
 Under Article 716, the periods of 2 (for bees)
and 20 days (for domesticated animals) are
not periods of prescription. Rather, these
days are conditions for acquisition by
occupation.
 There is a difference between domesticated
animals and domestic animals.
Domesticated animals are by nature wild
animals but have been tamed – possess the
habit of returning to the premises of the
possessor [Article 560]. On the other hand,
a domestic animal is treated like any other
personal property. It cannot be acquired by
the occupation since it is owned unless the
owner abandons the animal.
 Domestic animals are governed by Article
559.
 Article 719 provides the procedure when
one finds a lost movable which is not a
treasure.

C. LAW
 Proximately, law is 1 of the 7 modes of
acquiring ownership.
 Ultimately, law is the only source of
ownership.
 The provisions regarding law as mode of
acquiring ownership is scattered
throughout the Civil Code (i.e. Articles 681,
1434, 1456)

D. TRADITION (ARTICLE 1496-1501)

 Tradition comes from the Latin word trader
which means to deliver.
 Tradition is a mode of acquiring ownership
as a consequence of certain contracts such
as sale by virtue of which, actually or
constructively, the object is placed in the
control and possession of the transferee.

KINDS OF TRADITION
1. Real or material – physical delivery
[Article 1497]
2. Fingida – constrictive
3. Quasi- tradition (cuasi tradicion)
 Quasi- tradition refers to the
delivery of incorporeal property
 For example, share of stock cannot
be physically transferred. What is
delivered are the stock certificates.
The endorsement of the stock
certificate is delivery by quasi-
tradicion.
4. By operation of law (por ministerio de
la ley)

a. SIMBOLICA
Requisites:
i. transferor must have control over
the thing
 the transferor must have actual
possession
ii. transferee must be put in control
iii. there must be intent to transfer
 Traditio clarium is part of tradicion
simbolica. Traditio clarium is applicable
only to personal property (i.e. keys). In
Banco Filipino vs. Peterson, the goods in
the warehouse were delivered when
the keys to the warehouse were given.

b. LONGA MANU (Articles 1496 and 1499,

1st part)
 Longa manu means long hand.
Literally this means that the
transfer of ownership is done by
pointing out. For example, the
ownership of the car is transferred
by pointing to the specific car.
 In longa manu, mere agreement is
not enough. There must be an
accompanying sign or gesture.
[Article 1499]

c. BREVI MANU (Article 1499)

 Brevi manu means short hand.
 Brevi manu occurs when the
transferee was already in
possession before he had acquired
ownership.
  For example, the lessee is renting
the house. The lessor sells the house
to the lessee.

d. CONSTITUTUM POSSESSORIUM (Article

1500)
 Constitutum possessorium is the
opposite of brevi manu. In this case,
the transferor is already in
possession and continues to be in
possession under a different
capacity after ownership had been
transferred.
 For example, A owns a house. A
sells the house to B. A then leases
the house to B.

PRESCRIPTION (ARTICLES 1106-1155)

 Prescription is a mode of acquiring
ownership through the lapse of time in the
manner and under the conditions laid down
by law [Virtuco vs. Alegarbes, 679 SCRA 412,
29 August 2012]
 Squatters have no possessory rights over
the land intruded upon. The length of time
that they may have physically occupied the
land is immaterial; they are deemed to have
entered the same in bad faith, such that the
nature of their possession is presumed to
have retained the same character
throughout their occupancy. [Pilar
Development Corp. vs. Dumadag, 693 SCRA
96, 11 March 2013]
 An action or defense for the declaration of
the inexustence of a contract does not
prescribe in accordance with Article 1410 of
the Civil Code. [Neri vs. Heirs of Hadji Yusop
 Uy and Julpha Ibrahim Uy, 683 SCRA 553, 10
October 2012]
 The principle of laches or “stale demands”
ordains that the failure or neglect, for an
unreasonable and unexplained length of
time, to do that which by exercising due
diligence could or should have been done
earlier – negligence or omission to assert a
right within a reasonable time – warrants a
presumption that the party entitled to
assert it has abandoned it or declined to
assert it. [Manila vs. Gallardo-Manzo, 657
SCRA 20, 07 September 2011]