Art 427
Kinds of Ownership
1.Full Ownership
2. Naked Ownership-rights to the use and fruits has been denied
Naked + usufruct=full ownership
3. Sole- ownership only on one person
4. co-ownership-2 or more owners
ART 428
Rights of an owner
1. To enjoy
a. Possess
b. Use
c. To the fruits
2. To dispose
a. To consume or destroy or abuse
b. Right to encumber or alienate
3. To recover or vindicate
JUS POSSIDENDI
Right to possess- right to hold a thing or enjoy a right at one’s own will
JUS UTENDI
Right to use – exclude any person from the enjoyment and disposal thereof.
JUSE FRUENDI
Right to the fruits – three kinds of fruits 1)natural 2) industrial 3)civil
JUS ABUTENDI
Right to consume
JUS DISPONENDI
Right to dispose – right to donate, sell, pledge or mortgage
JUS VINDICANDI
Right to recover- right of action against the holder and possessor of the thing in order to recover it
-transmissible to the heirs or assignees of the person entitled to it
RECOVERY OF PERSONAL PROP – replevin (provisional remedy)
REAL PROP –
1. Forcible entry-MTC
-summary action to recover material or physical possession of real property when a person
originally in possession was deprived thereof by force, intimidation, threat, strategy or stealth
-must be brought w/in 1 year from dispossession
-issue is mere physical possession and not juridical
-possession was unlawful from the very beginning
-PRIOR POSSESSION MUST BE ALLEGED by the owner
2. UNLAWFUL DETAINER-MTC
-action when possession by a landlord or other person of any land or building is being unlawfully
withheld after the expiration or termination of the right to hold possession by virtue of any conract.
-reglementary period to file ejectment case is 1 year from the time of the unlawful deprivation
or withholding of possession
-possession was lawful at the beginning but became unlawful afterwards
-squatters by mere tolerance – lawful at first but unlawful when demanded by the owner
PROCEEDINGS IN PERSONAM – binding only on the parties
PROCEEDINGS IN REM – binding upon the whole world
After 1 year has elapsed , the remedy of the deprived party is accion publiciana
2. ACCION PUBLICIANA – plenary action to recover the better right of possession
-must be brought within a period of 10 years, otherwise the real right of possession is lost
-issue is juridical possession
a. entry was not obtained thru fists
b. one year period for bringing forcible entry or unlawful detainer has already expired
3. ACCION REIVINDICATORIA – reivindicatory action; action to recover ownership over a real property
-RTC has jurisdiction
-10 yrs – ordinary prescription – good faith and just title
-30 yrs - extraordinary prescription – open, notorious, continuous, exclusive possession
-issue is ownership
-evidence of title or mode may be introduced
-can be filed concurrently with case for unlawful detainer
-action in PERSONAM – cannot bind persons not a party to the case
-does not necessarily mean that petitioner is in possession of the ladn
WRIT OF INJUNCTION – action to restore him in possession
WRIT OF POSSESSION - order directing the sheriff to place a successful registrant under the Torrens
system in possession of the property covered by a decree of the Court.
-may be issued only against the person defeated in the registration case, and against anyone
unlawfully and adversely occupying the land or any portion thereof, during the proceedings, up to the
issuance of the final decree.
-never prescribes
-summary in nature
LIMITATIONS ON OWNERSHIP
1. State or the law
POLICE POWER – vested on congress and is sometimes delegated to LGU or president in times of
emergency
a. abate nuisance per se or nuisances per accidens
-when private property is destroyed thru the exercise of police power, no financial compensation is
given to the owner
2. taxation-strongest since it includes power to destroy
2. Given by the owner himself
3. Given by the person (grantor) who gave the thing to its present owner
ART 429 – DOCTRINE OF SELF HELP
-right to counter force with force
ART 430 – FENCING OF LANDS OR TENEMENTS WITHOUT DETRIMENT TO SERVITUDES CONSTITUTED
THEREON
ART 431 – NO INJURY TO THE RIGHTS OF THIRD PERSON
ART 432 – STATE OF NECESSITY
ART 433 – ACTUAL POSSESSION UNDER CLAIM OF OWNERSHIP DISPUTABLE PRESUMPTION OF
OWNERSHIP
-applicable to both movable and immovable
ART 434 -
