PART 1: PROPERTY AND OWNERSHIP (CIVIL CODE)
I. Definition and Classification of Property
Property: All things which are or may be the object of appropriation.
Immovable (Real) Property (Art. 415):
o Land, buildings, roads, and constructions adhered to the soil.
o Trees, plants, and growing fruits while attached to land.
o Objects permanently attached by the owner (statues, reliefs,
paintings).
o Machinery/instruments intended for an industry on the land.
o Animal houses, pigeon-houses, fish ponds placed by the owner
permanently.
o Mines, quarries, slag dumps (while part of the bed).
the bed).
o Movable (Personal) Property (Art. 416-417):
Forces of nature brought under control by science (e.g.,
electricity).
Shares of stock in agricultural, commercial, or industrial entities.
Obligations and actions involving demandable sums.
Things transportable without impairing the real property.
erty.
Property by Custody:
In custodia legis: Seized by an officer under a writ of
attachment/execution.
Free property: Not in the custody of the court.
.
II. Ownership vs. Possession
Possession: Physical control; less technical and easier to transfer.
Ownership: Independent right to control, enjoy, dispose, and recover.
III. Bundle of Rights of an Owner (Art. 428)
1. Jus possidendi: Right to possess.
2. Jus utendi: Right to use.
3. Jus fruendi: Right to the fruits (natural, industrial, civil).
4. Jus abutendi: Right to consume, destroy, or abuse.
5. Jus disponendi: Right to dispose or alienate.
6. Jus vindicandi: Right to recover.
a. Recovery actions: Forcible entry (accion interdictal), Accion
publiciana, Accion reivindicatoria, Writ of replevin.
PART 2: LAND CLASSIFICATION AND DISPOSITION
I. Classification of Lands
Regalian Doctrine: Lands not clearly under private dominion
are presumed to belong to the State.
Alienable and Disposable (A&D):
o Lands of the public domain classified as not needed for
forest/mineral/park purposes.
o Statistics: ~47.79% of RP land is A&D; ~52.21% is Forest
Land.
.
o Patrimonial Lands:
Lands of the State not needed for public use/service.
Critical Distinction: Patrimonial lands can be acquired by
prescription (unlike public dominion lands).
.
Non-Disposable Lands:
Forest/Timber lands, National Parks, Mineral lands.
Lands with a slope of 18% or over (Revised Forestry Code PD
705).
Submerged lands (sea/bay).
y).
II. Disposition Rules (Public Land Act / CA 141)
Allowed Modes (Sec. 11): Homestead, Sale, Lease, Confirmation of
imperfect titles [cite: 169-170].
Confirmation of Imperfect Titles:
[cite_start]Judicial Legalization: Requires possession/occupation
since June 12, 1945, or earlier.
Administrative Legalization: Free Patent.
nt.
Prohibition on Alienation (Sec. 79):
0–2 Years: Cannot sell/encumber (except to Govt).
2–5 Years: Transfer requires approval of the Secretary of the
Department.
After 5 Years: Freely transferable.
le.
III. Authorities
DENR: Exclusive authority to classify public lands.
NAMRIA: Mapping and delineation.
LMB: Policies and records.
Dept. of Agriculture (DA): Certifies suitability for agriculture.
DAR: Distributes agricultural A&D lands (CARP).
PART 3: EVIDENCE OF OWNERSHIP (TITLES & DEEDS)
I. Certificates of Title
OCT (Original Certificate of Title): First title issued under the
Torrens system.
TCT (Transfer Certificate of Title): Issued for subsequent transfers.
CCT (Condominium Certificate of Title): For condo units + interest
in common areas.
II. Deeds
Deed: Written document to transfer/mortgage/assign real estate.
Essential Components: Grantor (signs), Grantee, Words of grant,
Property Description, Witnesses.
Nullity of Deed:
Fraud: Renders deed void.
Lack of Notarization: Undermines enforceability but does not
necessarily make it void.
Incapacity: Minority (under 18) or unsound mind [cite: 273-
274].
4].
PART 4: FAMILY CODE (PROPERTY RELATIONS)
I. Marriage Requisites
[cite_start]Essential: Legal capacity (male/female) and Consent freely
given [cite: 7-8].
[cite_start]Formal: Authority of officer, License, Ceremony (2
witnesses) [cite: 9-11].
II. Absolute Community of Property (ACP)
[cite_start]Status: Default regime if no marriage settlement.
Commencement: Precise moment of marriage celebration.
Scope: All property owned at marriage + acquired thereafter.
Exclusions (Art. 92):
1. Acquired by gratuitous title during marriage (unless donor states
otherwise).
2. Personal/exclusive use items (except jewelry, which is
community).
3. Pre-marriage property if spouse has legitimate descendants from
a former marriage.
ge.
Dissolution: Net assets divided equally unless agreed
otherwise. Conjugal dwelling goes to spouse with majority of
common children (children <7 deemed with mother) [cite: 33-
34].
III. Conjugal Partnership of Gains (CPG)
[cite_start]Scope: Partnership owns the fruits/income; spouses
retain exclusive capital.
Installment Rule (Art. 118):
o Ownership vested before marriage = Exclusive Property.
o Ownership vested during marriage = Conjugal Property.
o Note: In either case, the partnership must be reimbursed
for funds advanced.
ed.
Gambling (Art. 123): Loser bears the loss; winnings belong to the
o
partnership.
IV. Unions Without Marriage
o Art. 147 (Capacitated to Marry): Wages/Salaries owned in equal
shares. Care/maintenance of family is considered a contribution [cite:
89-91].
o Art. [cite_start]148 (Incapacitated/Void): Owned in common only
in proportion to actual joint contribution [cite: 97-98]. [cite_start]If one
party is married, their share goes to their valid marriage's partnership.
PART 5: EASEMENTS (SERVITUDES)
I. Basics
o Definition: Encumbrance on Servient Estate for benefit of
Dominant Estate.
o Acquisition by Prescription (10 Years): Only valid for Continuous
and Apparent easements.
Computation (Art. 621):
Positive: From day exerciser commenced use.
Negative: From day dominant owner forbade servient
owner via notarized instrument.
nt.
II. Legal Easements (Specific Rules)
Waters: Lower estates must receive natural flow. Riverbanks have a
3-meter public use zone.
Right of Way (Art. 649):
Granted if property is landlocked.
Requirements: Indemnity paid, shortest distance, least
prejudicial.
Exception: No indemnity if isolation caused by seller.
.
Light and View:
Direct View: 2 meters distance required.
Side/Oblique: 60 centimeters distance required.
.
Drainage: Roofs must drain to owner's land or public land, not
neighbor's.
Intermediate Distances (Trees):
Tall trees: 2 meters from boundary.
Shrubs: 50 centimeters from boundary.
.
Lateral Support: No excavation allowing danger to adjacent land.
III. Extinguishment (Art. 631)
1. Merger of ownership (Dominant + Servient = 1 owner).
2. Non-user for 10 years.
3. Impossibility of use (state of estates).
4. Renunciation by dominant owner.