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MODES OF ACQUISITION, TRANSMISSION, AND TERMINATION OF PROPERTY RIGHTS -…

- - - - ARTICLE 714. The ownership of a piece of land cannot be acquired by occupation. (n)
        
        ARTICLE 715. The right to hunt and to fish is regulated by special laws. (611)
        
        ARTICLE 716. The owner of a swarm of bees shall have a right to pursue them to another’s land, indemnifying the possessor of the latter for the damage. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. This period having expired, they shall pertain to him who has caught and kept them. (612a)
        
        ARTICLE 717. Pigeons and fish which from their respective breeding places pass to another pertaining to a different owner shall belong to the latter, provided they have not been enticed by some article or fraud. (613a)
        
        ARTICLE 718. He who by chance discovers hidden treasure in another’s property shall have the right granted him in article 438 of this Code. (614)
        
        ARTICLE 719. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place.
        The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best.
        If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication.
        Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses. (615a)
        
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  - - - ARTICLE 725. Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. (618a)
        
        ARTICLE 726. When a person gives to another a thing or right on account of the latter’s merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given, there is also a donation. (619)
    - - ARTICLE 750. The donation may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected. (634a)
        
        ARTICLE 751. Donations cannot comprehend future property.
        By future property is understood anything which the donor cannot dispose of at the time of the donation. (635)
        
        ARTICLE 752. The provisions of article 750 notwithstanding, no person may give or receive, by way of donation, more than he may give or receive by will.
        The donation shall be inofficious in all that it may exceed this limitation. (636)
        
        ARTICLE 755. The right to dispose of some of the things donated, or of some amount which shall be a charge thereon, may be reserved by the donor; but if he should die without having made use of this right, the property or amount reserved shall belong to the donee. (639)
        
        ARTICLE 756. The ownership of property may also be donated to one person and the usufruct to another or others, provided all the donees are living at the time of the donation. (640a)
    - - ARTICLE 750. The donation may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected. (634a)
        
        ARTICLE 751. Donations cannot comprehend future property.
        By future property is understood anything which the donor cannot dispose of at the time of the donation. (635)
        
        ARTICLE 752. The provisions of article 750 notwithstanding, no person may give or receive, by way of donation, more than he may give or receive by will.
        The donation shall be inofficious in all that it may exceed this limitation. (636)
        
        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. (637)
        
        ARTICLE 754. The donee is subrogated to all the rights and actions which in case of eviction would pertain to the donor. The latter, on the other hand, is not obliged to warrant the things donated, save when the donation is onerous, in which case the donor shall be liable for eviction to the concurrence of the burden.
        The donor shall also be liable for eviction or hidden defects in case of bad faith on his part. (638a)
        
        ARTICLE 755. The right to dispose of some of the things donated, or of some amount which shall be a charge thereon, may be reserved by the donor; but if he should die without having made use of this right, the property or amount reserved shall belong to the donee. (639)
        
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    - - SIMPLE
        
        ARTICLE 725. Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. (618a)
        
        ARTICLE 726. When a person gives to another a thing or right on account of the latter’s merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given, there is also a donation. (619)
        
        ARTICLE 733. Donations with an onerous cause shall be governed by the rules on contracts and remuneratory donations by the provisions of the present Title as regards that portion which exceeds the value of the burden imposed. (622)
      - MODAL
        
        ARTICLE 726. When a person gives to another a thing or right on account of the latter’s merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given, there is also a donation. (619)
      - ONEROUS
        
        ARTICLE 726. When a person gives to another a thing or right on account of the latter’s merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given, there is also a donation. (619)
        
        ARTICLE 733. Donations with an onerous cause shall be governed by the rules on contracts and remuneratory donations by the provisions of the present Title as regards that portion which exceeds the value of the burden imposed. (622)
        
        ARTICLE 758. When the donation imposes upon the donee the obligation to pay the debts of the donor, if the clause does not contain any declaration to the contrary, the former is understood to be liable to pay only the debts which appear to have been previously contracted. In no case shall the donee be responsible for the debts exceeding the value of the property donated, unless a contrary intention clearly appears. (642a)
      - CONDITIONAL
        
        ARTICLE 727. Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. (n)
        
        ARTICLE 730. The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears. (n)
        
        ARTICLE 731. When a person donates something, subject to the resolutory condition of the donor’s survival, there is a donation inter vivos. (n)
        
        MORTIS CAUSA
        
        ARTICLE 728. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. (620)
        
        PROPTER NUPTIAS
        
        FAMILY CODE
        Art. 82. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (126)
        
        Art. 83. These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles. (127a)
        
        Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.
        Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (130a)
        
        Art. 85. Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. (131a)
        
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        INTER VIVOS
        
        ARTICLE 729. When the donor intends that the donation shall take effect during the lifetime of the donor, though the property shall not be delivered till after the donor’s death, this shall be a donation inter vivos. The fruits of the property from the time of the acceptance of the donation, shall pertain to the donee, unless the donor provides otherwise. (n)
        
        ARTICLE 732. Donations which are to take effect inter vivos shall be governed by the general provisions on contracts and obligations in all that is not determined in this Title. (621)
    - - DONOR QUALIFICATIONS
        
        ARTICLE 735. All persons who may contract and dispose of their property may make a donation. (624)
        
        ARTICLE 736. Guardians and trustees cannot donate the property entrusted to them. (n)
        
        ARTICLE 737. The donor’s capacity shall be determined as of the time of the making of the donation. (n)
        
        ARTICLE 739. The following donations shall be void:
        (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
        (2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
        (3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
        In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (n)
      - DONEE QUALIFICATIONS
        
        ARTICLE 738. All those who are not specially disqualified by law therefor may accept donations. (625)
        
        ARTICLE 739. The following donations shall be void:
        (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
        (2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
        (3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
        In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (n)
        
        ARTICLE 740. Incapacity to succeed by will shall be applicable to donations inter vivos. (n)
        
        ARTICLE 741. Minors and others who cannot enter into a contract may become donees but acceptance shall be done through their parents or legal representatives. (626a)
        
        ARTICLE 742. Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born. (627)
        
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      - HOW MADE
        
        ARTICLE 748. The donation of a movable may be made orally or in writing.
        An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated.
        If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void. (632a)
        
        ARTICLE 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy.
        The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor.
        If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. (633)
      - HOW ACCEPTED
        
        ARTICLE 734. The donation is perfected from the moment the donor knows of the acceptance by the donee. (623)
        
        ARTICLE 745. The donee must accept the donation personally, or through an authorized person with a special power for the purpose, or with a general and sufficient power; otherwise, the donation shall be void. (630)
        
        ARTICLE 746. Acceptance must be made during the lifetime of the donor and of the donee. (n)
        
        ARTICLE 747. Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification and notation of which article 749 speaks. (631)
        
        ARTICLE 748. The donation of a movable may be made orally or in writing.
        An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated.
        If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void. (632a)
        
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    - - ARTICLE 760. Every donation inter vivos, made by a person having no children or descendants, legitimate or legitimated by subsequent marriage, or illegitimate, may be revoked or reduced as provided in the next article, by the happening of any of these events:
        (1) If the donor, after the donation, should have legitimate or legitimated or illegitimate children, even though they be posthumous;
        (2) If the child of the donor, whom the latter believed to be dead when he made the donation, should turn out to be living;
        (3) If the donor should subsequently adopt a minor child. (644a)
        
        ARTICLE 761. In the cases referred to in the preceding article, the donation shall be revoked or reduced insofar as it exceeds the portion that may be freely disposed of by will, taking into account the whole estate of the donor at the time of the birth, appearance or adoption of a child. (n)
        
        ARTICLE 762. Upon the revocation or reduction of the donation by the birth, appearance or adoption of a child, the property affected shall be returned or its value if the donee has sold the same.
        If the property is mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed, with a right to recover the same from the donee.
        When the property cannot be returned, it shall be estimated at what it was worth at the time of the donation. (645a)
        
        ARTICLE 763. The action for revocation or reduction on the grounds set forth in article 760 shall prescribe after four years from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received regarding the existence of the child believed dead.
        This action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants. (646a)
        
        ARTICLE 764. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter.
        In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration laws.
        This action shall prescribe after four years from the noncompliance with the condition, may be transmitted to the heirs of the donor, and may be exercised against the donee’s heirs. (647a)
        
        ARTICLE 765. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases:
        (1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority;
        (2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority;
        (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. (648a)
        
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  - - - ARTICLE 721. By intellectual creation, the following persons acquire ownership:
        (1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work;
        (2) The composer, as to his musical composition;
        (3) The painter, sculptor, or other artist, with respect to the product of his art;
        (4) The scientist or technologist or any other person with regard to his discovery or invention. (n)
        
        ARTICLE 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding article, shall have the ownership of their creations even before the publication of the same. Once their works are published, their rights are governed by the Copyright laws.
        The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted.
        The scientist or technologist has the ownership of his discovery or invention even before it is patented. (n)
        
        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. (n)
        
        ARTICLE 724. Special laws govern copyright and patent. (429a)
        
        THE INTELLECTUAL PROPERTY CODE
        
        SECTION 4. Definitions. ‑ 4.1. The term “intellectual property rights” consists of:
        a) Copyright and Related Rights;
        b) Trademarks and Service Marks;
        c) Geographic Indications;
        d) Industrial Designs;
        e) Patents;
        f) Layout-Designs (Topographies) of Integrated Circuits; and
        g) Protection of Undisclosed Information (n, TRIPS).
        
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  - - - ARTICLE 1112. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future.
        Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the abandonment of the right acquired. (1935)
  - - - GENERAL
        
        ARTICLE 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.
        In the same way, rights and actions are lost by prescription. (1930a)
        
        ARTICLE 1107. Persons who are capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription.
        Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through their parents, guardians or legal representatives. (1931a)
      - ACQUISITIVE
        
        ARTICLE 554. A present possessor who shows his possession at some previous time, is presumed to have held possession also during the intermediate period, in the absence of proof to the contrary. (459)
        
        ARTICLE 719. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place.
        The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best.
        If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication.
        Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses. (615a)
        
        ARTICLE 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.
        In the same way, rights and actions are lost by prescription. (1930a)
        
        ARTICLE 1107. Persons who are capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription.
        Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through their parents, guardians or legal representatives. (1931a)
        
        ARTICLE 1108. Prescription, both acquisitive and extinctive, runs against:
        (1) Minors and other incapacitated persons who have parents, guardians or other legal representatives;
        (2) Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts;
        (3) Persons living abroad, who have managers or administrators;
        (4) Juridical persons, except the State and its subdivisions.
        Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. (1932a)
        
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      - EXTINCTIVE
        
        ARTICLE 1139. Actions prescribe by the mere lapse of time fixed by law. (1961)
        
        ARTICLE 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to articles 1132, and without prejudice to the provisions of articles 559, 1505, and 1133. (1962a)
        
        ARTICLE 1141. Real actions over immovables prescribe after thirty years.
        This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (1963)
        
        ARTICLE 1142. A mortgage action prescribes after ten years. (1964a)
        
        ARTICLE 1143. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription:
        (1) To demand a right of way, regulated in article 649;
        (2) To bring an action to abate a public or private nuisance. (n)
        
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    - - ARTICLE 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. (n)
        
        ARTICLE 775. In this Title, “decedent” is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. (n)
        
        ARTICLE 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. (659)
        
        ARTICLE 777. The rights to the succession are transmitted from the moment of the death of the decedent. (657a)
        
        ARTICLE 960. Legal or intestate succession takes place:
        (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;
        (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;
        (3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place;
        (4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. (912a)
        
        ARTICLE 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. (913a)
    - - EXECUTION OF JUDGMENT
        
        Section 1. Execution upon judgments or final orders. — Execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. (1a)
        If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party.
        The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution. (n)
        
        Section 8. Issuance, form and contents of a writ of execution. — The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which granted the motion; (2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and (3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms, in the manner hereinafter provided:
        (a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest, out of the real or personal property of such judgment obligor;
        (b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such property;
        (c) If it be for the sale of real or personal property to sell such property describing it, and apply the proceeds in conformity with the judgment, the material parts of which shall be recited in the writ of execution;
        (d) If it be for the delivery of the possession of real or personal property, to deliver the possession of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered by the judgment out of the personal property of the person against whom it was rendered, and if sufficient personal property cannot be found, then out of the real property; and
        (e) In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages, rents, or profits due as of the date of the issuance of the writ, aside from the principal obligation under the judgment. For this purpose, the motion for execution shall specify the amounts of the foregoing reliefs sought by the movant.(8a)
        
        Section 9. Execution of judgments for money, how enforced. —
        (b) Satisfaction by levy. — If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed, of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to answer for the judgment.
        The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon.
        When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees.
        Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment.
        (c) Garnishment of debts and credits. — The officer may levy on debts due the judgment obligor and other credits, including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery in the possession or control of third parties. Levy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. The garnishment shall cover only such amount as will satisfy the judgment and all lawful fees. The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not, the report shall state how much funds or credits the garnishee holds for the judgment obligor.
        The garnished amount in cash, or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee within ten (10) working days from service of notice on said garnishee requiring such delivery, except the lawful fees which shall be paid directly to the court.
        In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due, otherwise, the choice shall be made by the judgment obligee.
        The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment obligee. (8a, 15a)
        
        Section 10. Execution of judgments for specific act. —
        (a) Conveyance, delivery of deeds, or other specific acts; vesting title. — If a judgment directs a party to execute a conveyance of land or personal property, or to deliver deeds or other documents, or to perform, any other specific act in connection therewith, and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done shall have like effect as if done by the party. If real or personal property is situated within the Philippines, the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others, which shall have the force and effect of a conveyance executed in due form of law. (10a)
        (b) Sale of real or personal property. — If the judgment be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity with the judgment. (8[c]a)
        (c) Delivery or restitution of real property. — The officer shall demand of the person against whom the judgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vacate the property within three (3) working days, and restore possession thereof to the judgment obligee, otherwise, the officer shall oust all such persons therefrom with the assistance, if necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to retake possession, and place the judgment obligee in possession of such property. Any costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money. (13a)
        (d) Removal of improvements on property subject of execution. — When the property subject of the execution contains improvements constructed or planted by the judgment obligor or his agent, the officer shall not destroy, demolish or remove said improvements except upon special order of the court, issued upon motion of the judgment obligee after the hearing and after the former has failed to remove the same within a reasonable time fixed by the court. (14a)
        (e) Delivery of personal property. — In judgment for the delivery of personal property, the officer shall take possession of the same and forthwith deliver it to the party entitled thereto and satisfy any judgment for money as therein provided. (8a)
        
        Section 13. Property exempt from execution. — Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution:
        (a) The judgment obligor's family home as provided by law, or the homestead in which he resides, and land necessarily used in connection therewith;
        (b) Ordinary tools and implements personally used by him in his trade, employment, or livelihood;
        (c) Three horses, or three cows, or three carabaos, or other beasts of burden, such as the judgment obligor may select necessarily used by him in his ordinary occupation;
        (d) His necessary clothing and articles for ordinary personal use, excluding jewelry;
        (e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding one hundred thousand pesos;
        (f) Provisions for individual or family use sufficient for four months;
        (g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding three hundred thousand pesos in value;
        (h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood;
        (i) So much of the salaries, wages, or earnings of the judgment obligor for his personal services within the four months preceding the levy as are necessary for the support of his family;
        (j) Lettered gravestones;
        (k) Monies, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;
        (l) The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the Government;
        (m) Properties specially exempted by law.
        But no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon. (12a)
      - FORCED SALES
        
        RULE 91
        Escheats
        Section 1. When an by whom petition filed. — When a person dies intestate, seized of real property in the Philippines, leaving no heir or person by law entitled to the same, the Solicitor General or his representative in behalf of the Republic of the Philippines, may file a petition in the Court of First Instance of the province where the deceased last resided or in which he had estate, if he resided out of the Philippines, setting forth the facts, and praying that the estate of the deceased be declared escheated.
        
        Section 2. Order for hearing. — If the petition is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, which date shall be not more than six (6) months after the entry of the order, and shall direct that a copy of the order be published before the hearing at least once a week for six (6) successive weeks in some newspaper of general circulation published in the province, as the court shall be deem best.
        
        Section 3. Hearing and judgment. — Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the person died intestate, seized of real or personal property in the Philippines, leaving no heir or person entitled to the same, and no sufficient cause being shown to the contrary, the court shall adjudge that the estate of the estate of the deceased in the Philippines, after the payment of just debts and charges, shall escheat; and shall, pursuant to law, assign the personal estate to the municipality or city where he last resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated. If the deceased never resided in the Philippines, the whole estate may be assigned to the respective municipalities or cities where the same is located. Shall estate shall be for the benefit of public schools, and public charitable institutions and centers in said municipalities or cities.
        The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that the only income from the property shall be used.
        
        Section 4. When and by whom claim to estate filed. — If a devisee, legatee, heir, widow, widower, or other person entitled to such estate appears and files a claim thereto with the court within five (5) years from the date of such judgment, such person shall have possession of and title to the same, or if sold, the municipality or city shall be accountable to him for the proceeds after deducting reasonable charges for the care of the estate; but a claim not made within the said time shall be forever barred.
        
        Section 5. Other actions for escheat. — Until otherwise provided by law, actions reversion or escheat of properties alienated in violation of the Constitution or of any statute shall be governed by this rule, except that the action shall be instituted in the province where the land lies in whole or in part.
    - - ARTICLE 426. Whenever by provision of the law, or an individual declaration, the expression “immovable things or property,” or “movable things or property,” is used, it shall be deemed to include, respectively, the things enumerated in Chapter 1 and in Chapter 2.
        Whenever the word “muebles,” or “furniture,” is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or the individual declaration, the contrary clearly appears. (346a)
        
        ARTICLE 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. (353)
    - - FAMILY CODE
        Art. 74. The property relationship between husband and wife shall be governed in the following order:
        (1) By marriage settlements executed before the marriage;
        (2) By the provisions of this Code; and
        (3) By the local custom. (118)
        
        Art. 88. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. (145a)
        
        Art. 89. No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.
        When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in Article 77. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. (146a)
        
        Art. 90. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. (n)