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Property - Title II (Ownership), Essence of ownership is the right to…

- - - - Personal Rights - Contrasted to personal rights or jus in personam which is a personal right to demand from another the fulfillment of an obligation.
        
        Here, right to demand only applicable to specific persons.
        
        Real rights can be divided into either:
        
        Jus in re propria (right over one's property)
        
        Here, derived from right of ownership of the owner.
        
        Jus in re aliena (real rights over the property of another)
        
        Here, derived from the right of ownership of another. Affect such ownership
      - Here, right to demand enforceable against the world save specific individuals.
    - - However, ownership is a pre-condition for the existence of all other real rights.
- - - - Refers to use of a thing for its purpose, without destroying/consuming it.
        
        Intended use refers to intent of the owner.
    - - Right to enjoy the products or fruits of the property or any of its accessories.
    - - Right of the owner to dispose their property. Includes the right to alienate, encumber, limit, transform and merge.
        
        Right to alienate - right to transmit ownership
        Right to limit/encumber - right to deprive self of rights included in ownership
        Right to Transform - Right to change the nature/form/destination of the thing. Includes power to destroy or render useless via either abandonment or destruction.
    - - Right of the owner to use the thing in such a way that extinguishes it. The use of the owner that extinguishes, that consumes things which are consumable.
        
        Any use of a thing that destroys/consumes it.
    - - Recovery by type of Property
        
        Immovable Property
        
        Accion Publiciana
        
        Recovery of right to possess ; action to determine the better right of possession. Action to determine right to possession (Publiciana) as opposed action to recover mere physical possession (Interdictal)
        
        Applies when the action for ejectment/recovery of possession is filed more than one year after the possession has become illegal.
        
        Accion Reinvidicatoria
        
        Suit to recover possession by alleging ownership. Deals with Jus possidendi whereas publiciana deals with jus possessionis
        
        Here, plaintiff has been deprived of all rights included in ownership seeks recovery of said rights by establishing ownership.
        
        Both actions are filed before RTC + available any time
        
        Accion Interdictal
        
        Unlawful Detainer (desahuico)
        
        When a lessor vendor, vendee or any other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession obtained by virtue of any contract.
        
        Here, possession become unlawful by termination of right to possession.
        
        Forcible Entry (detentaction
        
        Summary action, applies when the possessor was deprived of the same via force, intimidation, threat strategy, or stealth.
        
        Here, possession unlawful at the start.
        
        Both actions must be brought within one year; from date of actual entry if forcible entry, and one year from date of last demand in case of unlawful detainer. Must be filed before MTC
        
        In accion interdictal, pronouncements of ownership are made only for the purposes of determining right of possession. Any rulings on ownership are therefore not conclusive and future actions may be raised concerning title to the subject properties.
        
        Accion Interdictal is limited to the question of possession de facto or physical possession.
        
        Recovery of Movables
        
        Action for Replevin
        
        Claim of movable property that was unlawfully taken or detained.
        
        Requisites for Recovery (434)
        
        (1) Identify the Property
        
        (2) Prove right of Ownership (Prove title)
        
        Lack or insufficiency of title on the part of the defendant does not automatically entitle the plaintiff to recovery, instead claim of ownership must be supported by evidence of title.
        
        Original Certificate of title is conclusive evidence of ownership; overrules all other documents and cannot be subject of a collateral attack.
        
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        Must fix the identity of the land claimed by describing the location, areas and boundaries.
        
        Rule is that he who claims to have a better right to the property must clearly show that the land possessed by the other party is the very land that belongs to them.
        
        Identifying boundaries critical as they are what defines a piece of land. Boundaries can either be (1) Artificial or; (2) Natural..
        
        Artificial - Concrete monuments established by Bureau of lands or, property of neighbors.
        
        Natural - permanent landmarks established by nature. (Must be clear and convincing i.e. clearly segregates one property from another)
        
        General rule - if there is a conflict between the area and the boundaries of a land, boundaries prevail.
        
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        Article 434. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant's claim. (n)
        
        Actual possession creates a disputable presumption of ownership. (NCC 433)
        
        Therefore, taking back property requires judicial methods.
        
        Requirements in place because (1) Possible that neither party is the true owner and; (2) Burden of proof lies on the person who asserts a fact to prove the same.
    - - Right of an owner to exclusive possession of their property. Thus, may exclude others from enjoyment and disposal of it even by force if necessary.
        
        If a possessor is unlawfully deprived of possession, proper remedy is via legal processes, not taking law into own hands. Leads into the right to recovery. (evidenced by NCC 433 and 536 which directs owner to resort to judicial processes for recovery/enforcement of delivery of a thing.
      - Note that possession derived from ownership is jus possidendi, whereas an independent right to possession is jus possessionis
  - - - Because ownership grants exclusive enjoyment and control of property, it follows that there is a right to exclude others from the enjoyment of a property.
        
        Doctrine of Self Help - Lawful use of force that is reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of property
        
        Can only be exercised at the time of actual, or threatened dispossession; If possession has been lost then resort is judicial process (NCC 536)
        
        Can be invoked by owners and lawful posessors
    - - Fencing equivalent to giving notice to everybody that they are not welcome, no entering without consent of owner. Thus, entering into fence areas equivalent to unauthorized intrusion which can enable self-help doctrine.
        
        Must be exercised in good faith e.g. if fence area to evict, then owner is liable for damages.
        
        Right to enclose should also not work detriment to the servitude (easement) constituted on the fenced in property; For example NCC 637 owners of lower estates obliged to receive waters from higher estates (drainage). Such owners cant fence property in such a way as to prevent this.
    - - Applies in eminent domain cases where it has been determined that private property rights are outweighed by good of public use.
        
        Not applicable in cases where property was deprived due to police power.
    - - An owner of a piece of land also owns everything underneath it and the airspace above it, to a reasonable height. (originated in Roman law ad coelum
        
        Airspace and subsoil ownership limited by:
        
        (1) cannot work to detriment servitudes;
        
        (2) Subject to special laws and ordinances;
        
        (3) Subject to reasonable requirements of aerial navigation.
        
        Note that a right to land is indivisible; A piece of land only has one classification. Thus, an owners claim to both airspace and subsoil originates from one title.
        
        Concept of hidden treasure requires that the ownership be unknown; Similarly, limited to things similar to money or jewelry and NOT natural resources or minerals.
        
        Ownership of airspace applies only insofar as to the extent an owner can actually use it; therefore use by others to the extent that such use interferes with the enjoyment/use of the owner of their property constitutes as trespass.
        
        Q. What if the one guilty for dispossession of sub
    - - Right of an owner of a thing to the products of the thing as well as its accessories.
- - - - NCC 431 Sic utere tuo ut alienum non laedas (Limitation on right to use)
        
        Translates to "use ones property in such a way as to not injure another"
        
        Contingent on the presence of good faith and prudence in the use of property; if there is good faith and no negligence, then no liability for damages.
      - NCC 432 - Act in State of Necessity (Limitation on right to exclude)
        
        An owner's right to exclusive and undisturbed possession does not apply if interference is borne out of a state of necessity.
        
        Requisites:
        
        Interference necessary to avoid imminent danger;
        
        Threatened damaged, compared to damage arising to the owner from interference is much greater.
        
        State of necessity must not be brought about by the intentional provocation of the party invoking it.
        
        Here, civil liability is borne by the persons for whose benefit the harm has been prevented. Owner is entitled to damages.
      - Limitations from different provisions
        
        431,432, 637, 644,649,652,670, 677-679, ,684-687, 2191
        
        Article 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. (n)
        Article 432. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him. (n)
        
        Article 637. Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates, as well as the stones or earth which they carry with them.
        The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works which will increase the burden. (552)
        Article 644. The easement of aqueduct for private interest cannot be imposed on buildings, courtyards, annexes, or outhouses, or on orchards or gardens already existing. (559)
        Article 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity.
        Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.
        In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance.
        This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. (564a)
        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. (567a)
        openings, unless an easement of light has been acquired. (581a)
        Article 670. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property.
        Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters.
        The nonobservance of these distances does not give rise to prescription. (582a)
        Article 677. No constructions can be built or plantings made near fortified places or fortresses without compliance with the conditions required in special laws, ordinances, and regulations relating thereto. (589)
        Article 678. No person shall build any aqueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substances, machinery, or factory which by reason of its nature or products is dangerous or noxious, without observing the distances prescribed by the regulations and customs of the place, and without making the necessary protective works, subject, in regard to the manner thereof, to the conditions prescribed by such regulations. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors.
        In the absence of regulations, such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. (590a)
        Article 679. No trees shall be planted near a tenement or piece of land belonging to another excep
    - - Provisions in deeds that impose restrictions e.g. requirement of paying association dues, etc.
  - - - Generally concerned with mere regulation and restriction of property. If property is taken, it is destroyed for the purpose of general welfare (Noxious property). Therefore, no compensation is granted.
        
        NCC 436 When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified.”
        
        Generally, IF: For public use - Eminent Domain, IF: For public welfare - Police Power
    - - Refers to the power of the government to raise revenue in order to support its existence and carry out legitimate objectives. No limitation, save those imposed by the Constitution. However, tax statutes generally interpreted against the government.
    - - Refers to the power of the state to forcibly acquire private lands for public use, upon just compensation.