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  • Week - 4 - in - Voluntary - Modes of Acquiring - Property

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    ROGEL LOPEZ
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    The document discusses several modes of involuntarily acquiring property ownership under Philippine law: 1) Acquisitive prescription or adverse possession, where ownership can be acquired through 10 years of uninterrupted possession in good faith or 30 years without title or good faith. 2) Accretion, where soil deposited by rivers gradually adds to the land of riverside owners. 3) Intestate or testate succession where property is inherited upon the death of an owner with or without a will. 4) Expropriation where the government takes private property for public use upon payment of just compensation.

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    WEEK_4_IN_VOLUNTARY_MODES OF ACQUIRING_PROPERTY

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    The document discusses several modes of involuntarily acquiring property ownership under Philippine law: 1) Acquisitive prescription or adverse possession, where ownership can be acquired through 10 years of uninterrupted possession in good faith or 30 years without title or good faith. 2) Accretion, where soil deposited by rivers gradually adds to the land of riverside owners. 3) Intestate or testate succession where property is inherited upon the death of an owner with or without a will. 4) Expropriation where the government takes private property for public use upon payment of just compensation.

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    15 views3 pages

    Week - 4 - in - Voluntary - Modes of Acquiring - Property

    Uploaded by

    ROGEL LOPEZ
    The document discusses several modes of involuntarily acquiring property ownership under Philippine law: 1) Acquisitive prescription or adverse possession, where ownership can be acquired through 10 years of uninterrupted possession in good faith or 30 years without title or good faith. 2) Accretion, where soil deposited by rivers gradually adds to the land of riverside owners. 3) Intestate or testate succession where property is inherited upon the death of an owner with or without a will. 4) Expropriation where the government takes private property for public use upon payment of just compensation.

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    of 3

    REM 113.

    Week 4 Handouts

    Involuntary Modes of Acquiring Property Ownership

    1. Acquisitive Prescription or Adverse Possession


    (Arts. 712, 1106-1107, 1134, 1137, NCC)
    - Ownership and other real rights over immovable prescribe through uninterrupted
    adverse possession therefore for 10 yrs in good faith and with just title or 30 yrs.
    Without need of title or of good faith.

    a. Concept of Possession (Arts. 531-532, NCC)


    - Possession is acquired by the material occupation of a thing or the exercise of a right,
    or by the fact that it is subject to the action of our will, or by the proper acts and legal
    formalities established for acquiring such right. (438a)
    b. Kinds of Action to Recover Possession of Real Property
    - Accion Interdictal: Forcible Entry and Unlawful Detainer
    ** 1. Forcible Entry - action where one is unlawfully deprived of physical
    possession of real property by means of force, intimidation, strategy, threats, or stealth
    (sec 1, rule 70, 1997 Rules of Civil Procedure as amended). The possession of the
    defendant is illegal from the beginning and that the issue is which part has prior de
    facto possession. The jurisdiction lies in the proper municipal trial court or
    metropolitan trial court bought within 1 year from the date of actual entry on the
    land.

    **2. Unlawful Detainer - an action where one illegally withholds possession after the
    expiration or termination of his right to hold possession under any contract, express or
    implied (sec 1, rule 70, 1997 Rules of Civil Procedure, as amended). Possession of the
    defendant is originally legal but became illegal due to the expiration or
    termination of the right to possess. The jurisdiction lies in the proper MTC or MeTC
    brought within 1 year from the date of last demand and the issue is the right to
    physical possession
    - Accion Publiciana - - Plenary action to recover the right of possession which should
    be brought in the proper regional trial court when dispossession has lasted for more
    than 1 year.
    - issue in material possession
    - Accion Reivindicatoria - action to recover ownership also brought in the proper RTC
    in an ordinary proceeding. It is an action whereby the plaintiff alleges ownership over
    a parcel of land and seeks recovery of its full possession.
    - ownership issue legal and material possession.

    b. Loss of Possession (Arts. 555, 537, NCC) -


    - Article 555. A possessor may lose his possession:
    (1) By the abandonment of the thing;
    (2) By an assignment made to another either by onerous or gratuitous title;
    (3) By the destruction or total loss of the thing, or because it goes out of commerce;
    (4) By the possession of another, subject to the provisions of article 537, if the new
    possession has lasted longer than one year. But the real right of possession is not lost till
    after the lapse of ten years. (460a)
    d. Prescription – Arts. 1106, 1113, NCC - is the mode of acquiring (or losing) ownership and
    other real rights through the lapse of time in the manner and under conditions laid down by law,
    namely, that the possession should be in the concept of an owner, public, peaceful, uninterrupted and
    adverse.
    ** Property of the State or any of its subdivisions not patrimonial in character
    shall not be the object of prescription
    ** 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 conditions are lost by prescription.
    e. Kinds of Acquisitive Prescription:
    - Ordinary Prescription (Arts. 1134, 526-528, NCC) - - Requires possession in good
    faith and with just title for 10 years. Good faith of the possessor consists in the
    reasonable belief that the person from whom he received the thing was the owner
    thereof, and could transmit his ownership. For the purposes of prescription, there is
    just title when the adverse claimant came into possession of the property through one
    of the modes recognized by law for the acquisition of ownership or other real rights,
    but the grantor was not the owner or could not transmit any right.

    - Extraordinary Prescription (Arts. 1137,526, NCC) - - In the absence of a just title or


    good faith, ownership of immovables can be acquired by extraordinary prescription
    through uninterrupted adverse possession of 30 years.

    2. Accretion (Arts. 457, 440, NCC) - Accretion is the process whereby soil (alluvium) is
    deposited or added to land by the operation of natural causes. Alluvium is the soil deposited
    of added to the lands adjoining the banks of rivers and gradually received as an effect of the
    current of the waters (Art 457, NCC). An accretion to registered land belong to the owner of
    the land (riparian owner) as a natural accession thereof (Art 440, NCC)

    ** Accretion does not automatically become registered land. Registration of the said
    alluvial property by the riparian owner must be sought to enjoy the imprescriptibility of
    registered land.

    ** Accretion Benefits the riparian owner provided the following are present:
    1. That the deposit be gradual and imperceptible
    2. Resulted from the effects of the current of the water
    3. Land where accretion takes place is adjacent to the bank of a river

    3. Testate and Intestate Succession (Arts. 774-777, 779,960-961, NCC)


    ** 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.

    ** 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.

    **Testate Succession – succession which result from the designation of an heir made in a will
    executed in the form prescribed by law.

    Holographic
    Notarial
    **Intestate Succession – absence of an applicable valid will or qualified heir.

    4. Expropriation proceedings
    a. Public use: Republic vs. Heirs of S. Borbon, G.R. No. 165354, January 12, 2015.
    b. Just compensation: Evergreen Manufacturing Corp. vs. Republic, G.R. No. 218628,
    September 6, 2017.
    - Expropriation is the act of a government claiming privately owned property against the
    wishes of the owners, ostensibly to be used for the benefit of the overall public.

    ** Power of Eminent Domain - is a power inherent in the state where it sheds off its immunity from
    suits while performing a government function because it submits to the jurisdiction of the court to
    forcibly take private property for public purpose upon payment of just compensation.

    5. Execution of judgment or forced sales (Sec. 1, Rule 39, 1997 Rules of Civil Procedure, as
    amended) – judgement from the court
    6. Tax sales:
    a. Delinquent tax (Sec. 207B. , 213, RA 8424, as amended)
    b. Delinquent real property taxes (sec. 258, R.A. 7160)

    **Levy on Real Property / Tax Sales / Delinquent in tax payer


    ** The remedy for the collection of the unpaid municipal taxes is by the summary of sales of
    the property at public auctions.

    7. Foreclosure sales (Arts. 2124-2126, NCC)

    ** Mortgagee / Creditor
    **Mortgagor / Debtor

    ** Extra Judicial Foreclosure


    1. Failure to pay the loan
    2. Loan is secured by real estate mortgagee
    3. The mortgagee-creditor has the right to foreclose the real estate mortgage either
    judicially or extra judicially.
    **Judicial Foreclosure – to foreclose the mortgagee in judicial, the mortgagee brings action in
    the Regional Trial Court.

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