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a. Effect of Impossible/Illegal Conditions

TOPICS UNDER THE SYLLABUS

J. Modes of Acquiring Ownership

1. Mode v. Title

2. Original/Derivative Modes

K. Occupation

L. Intellectual Creation M. Donation

1. Essential Elements 2. Kinds

3. Conditional Donations

a. Effect of Impossible/Illegal

Conditions

4. Inter Vivos/Mortis Causa

a. Birth, Survival or Adoption b. Ingratitude

c. Non-fulfillment of Condition d. Innoficiousness

N. OTHER MODES OF ACQUIRING OWNERSHIP

5. I ntellectual Creation 6. P rescription

7. S uccession 1. MODE V. TITLE

Difference between Mode and Title

MODE is the process of acquiring or transferring ownership

TITLE is the juridical act, right or condition which gives the juridical justification for a mode or means to their acquisition but which in itself is insufficient to produce them

Mode Title

Directly and

immediately

produces a real right

Serves merely to give the occasion for its acquisition or existence

The cause The means

Proximate cause Remote cause Essence of the right pre-existing or preceding title or right of another

Derivative Mode – there was a preceding owner

Modes Of Extinguising Ownership:

1. Absolute – all persons are affected a. Physical loss or destruction

b. Legal loss or destruction (when it goes out of the commerce of man)

2. Relative – only for certain persons for others may acquire their ownership

a. Law right (like expropriation, rescission, annulment, fulfillment of a resolutory condition)

g. Prescription

OCCUPATION is the acquisition of ownership by seizing corporeal things w/c have no owner, made with the intention of acquiring them, and accomplished according to legal rules

Requisites:

1. Seizure or apprehension

 The holding of the material is not required as long as there is right of disposition

2. Property must be corporeal personal property 3. Property must be susceptible of appropriation

a. Abandoned

property – res derelicata, a thing is considered abandoned when:

i. The

spes recuperandi (expectation to recover) is gone

ii. The

animo revertendi (intention to return or to have it returned) has been given up by the owner

b. Unowned

property – res nullius 4. Without an owner

5. Intent to appropriate

6. Compliance with the requisites or conditions of the law

 Abandonment requires (1) a clear and absolute intention to renounce a right or a claim or to abandon a right or property; and (2) an external act by which that intention is expressed or carried into effect. The intention to abandon implies a departure, with the avowed intent of never returning, resuming or claiming the right and the interest that

have been abandoned. Castellano v.

Francisco, [G.R. No. 155640, May 7, 2008]

Things Susceptible to Occupation

1. Things w/c has no owner – res nullius;

abandoned

2. Stolen property cannot be subject of occupation

3. Animals that are the object of hunting and fishing

NOTE: Hunting and fishing are regulated by special laws: Act 2590; Fisheries Act 4003 as amended by CA 116, CA 147 and RA 659; Act 1499 as amended by Act 1685; PD 534;

Municipal ordinances.

Kinds Of Animals

a. Wild – considered res nullius when not yet captured; when captured and escaped – becomes res nullius again

b. Domesticated animals – originally wild but have been captured and tamed; now belong to their capturer; has habit of returning to premises of owner; becomes res nullius if they lose that habit of returning and regain their original state of freedom

c. Domestic/tamed animals – born and ordinarily raised under the care of people;

become res nullius when abandoned by owner

 Hidden treasure (only when found on things not belonging to anyone)

 Abandoned movables Animals

1. Swarm of bees

- owner shall have right to pursue them to another’s land (owner to identify latter for damages, if any)

- land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees

2. Domesticated animals

- may be redeemed within 20 days from occupation of another person; if no redemption is made, they shall pertain to the one who caught them

3. Pigeons and fish

- when they go to another breeding place, they shall be owned by the new owner provided they are not enticed Movables:

1. Treasure found on another’s property 2. Movable found w/c is not treasure:

c. Must be returned to owner

d. If finder retains the thing found – he may be charged with theft

e. If owner is unknown, give to mayor;

mayor shall announce finding of the movable for 2 weeks in a way he deems f. bestIf owner does not appear 6 months after publication, thing found shall be awarded to the finder

g. If owner appears, he is obliged to pay the finder 1/10 of value of property as price h. If movable is perishable or cannot be kept

w/o deterioration or w/o expenses it shall be sold at public auction 8 days after the publication

Ownership of a piece of land cannot be acquired by occupation

 Because when a land is without an owner, it pertains to the State

 Land that does not belong to anyone is presumed to be public land

 But when a property is private and it is abandoned it can be object of occupation

J. INTELLECTUAL CREATION

 By Article 722 and Decree Intellectual Property (P.D. 49), the author, composer, artist, or scientist can be considered as the owner of the creation or product even if it has not been copyrighted or patented. (Jurado)

 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 EXCEPT when the court so authorize if the public good or the interest of justice so requires.

K. DONATION

DONATION is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it

1. ESSENTIAL ELEMENTS Characteristics

1. Unilateral – obligation imposed on the donor 2. Consensual – perfected at time donor knows

of acceptance Requisites: (CIDA)

1. The donor must have capacity to make the donation of a thing or right

2.

Donative i ntent (animus donandi) or intent to make the donation out of liberality to benefit the donee

3. D elivery, whether actual or constructive of the thing or right donated

4. donee must a ccept or consent to donation

 The donation is perfected once the acceptance of the donation was made known to the donor. Accordingly, ownership will only revert to the donor if the resolutory condition is not fulfilled. Quijada v. CA, 299 SCRA 695 (1998)

Requirements of a Donation:

1. Subject matter – anything of value;

present and not future property, must not impair legitime

2. Cause – anything to support a consideration, generosity, charity, goodwill, past service, debt

3. Capacity to donate, dispose and accept donation

4. Form – depends on value of donation 2. KINDS

a) As to Effectivity

1. Inter vivos – takes effect during the lifetime of the donor

2. Mortis Causa – takes effect upon the death of the donor

3. Propter Nuptias – made by reason of marriage and before its celebration, in consideration of the same and in favor of one or both of the future spouses.

DONATION INTER

VIVOS DONATION MORTIS CAUSA Disposition and

acceptance to take effect during lifetime of donor and donee

Disposition happens upon the death of donor

Already pertains to the donee unless there is a contrary intent

Even if there is a term of effectivity and effectivity is upon the death of the donor, still entitled to fruits Formalities required -

follow law on

donations and certain kinds of donations and law on obligations and contracts (suppletory)

Formalities required - follow law on

succession to be valid, and donation must be in the form of a will Irrevocable at the

instance of the donor;

may be revoked only by reasons provided by law

Revocable ad mutuum (exclusive will of donor)

Revoked only for

reasons provided for by law (except onerous donations) b) As to Consideration

1. Simple – the cause of which is the pure liberality of the donor in consideration of the donee’s merits

2. Remuneratory or compensatory – it is given out of gratitude on account of the services rendered by the donee to the donor, provided they do not constitute a demandable debt.

3. Modal – imposes upon the donee a burden less than the value of the gift 4. Onerous – the value of which is

considered the equivalent of the consideration for which it is given and thus governed by the rules of obligations and contracts

c) As to Effectivity of Extinguishment 1. Pure – not subject to any condition

(uncertain event) or period

2. Conditional – subject to suspensive or resolutory condition

3. With a Term – subject to a period, suspensive or resolutory

3. CONDITIONAL DONATIONS

a. Effect of Impossible/Illegal Conditions

Conditional – subject to suspensive or resolutory condition

4. INTER VIVOS/MORTIS CAUSA DONATIONS Inter vivos – takes effect during the lifetime of the donor

Mortis Causa – takes effect upon the death of the donor

5. FORM

a. Onerous Donations

ONEROUS – the value of which is considered the equivalent of the consideration for which it is given and thus governed by the rules of obligations and contracts

6. CAPACITY a. Of Donor

Who may give donations

All persons who may contract and dispose of their property ― donor’s capacity shall be

determined as of the time of the making of the donation

b. Of Donee

Who may accept donations

1. Natural and juridical persons not especially disqualified by law

2. Minors and other incapacitated A. By themselves

I. If pure and simple donation

II. If it does not require written acceptance

B. By guardian, legal representatives if needs written acceptance

I. Natural guardian – not more than 50,000

II.

Court appointed – more than 50,000 4. Conceived and unborn child, represented by

person who would have been guardian if already born

Who are disqualified to donate

1. Guardians and trustees with respect to property entrusted to them

2. Husband and wife

3. Between paramours/persons guilty of adultery or concubinage at the time of donation

4. Between parties guilty of same criminal offense

5. Made to public officers, wife, descendant, ascendant, by reason of his office

The prohibition against donations between spouses must likewise apply to donations between persons living together in illicit relations. Joaquino v. Reyes, [G.R. No.

154645, July 13, 2003]

Other persons disqualified to receive donations

1. Priest who heard confession of donor during his last illness

2. Relatives of priest within 4th degree, church, order or community where priest belongs 3. Physician, nurse, etc. who took care of donor

during his last illness

4. Individuals, corporations and associations not permitted

Acceptance

a. Acceptance must be made personally or thru agent

b. Donation may be made orally or in writing:

 Movable:

5,000 and below – may be oral or written, if oral it must be with simultaneous

delivery of thing/document & acceptance need not be in writing

above 5,000 - must be written and accepted also in writing

 Immovable - must be in a public instrument and acceptance must also be in a public instrument (in same instrument or in other instrument);

otherwise it is void

c. Must be made during the lifetime of the donor and donee

In case of doubt with regard to nature of donation: inter vivos

Badges of mortis causa:

2.

Title remains with donor (full or naked ownership) and conveyed only upon death

3.

Donor can revoke ad mutuum

4. Transfer is void if transferor survives transferee

 A donation mortis causa must comply with the formalities of a last will and testament otherwise, it would be void and would produce no effect. If the donation is made in such a way that the full and naked ownership will pass to the donee upon the death of the donor, then it is at that time when the donation will take effect and it is the donation mortis causa which should be embodied in the last will and testament. Maglasang v.

Cabatingan, [G.R. No. 131953, June 2, 2002]

SOME RULES ON DETERMINATION WHETHER MORTIS CAUSA OR INTER VIVOS:

1. A donation made “in consideration of love and affection of the donor and the donee” but further stipulates that “It became effective upon the death of the donor provided that in the event the donee should die before the donor, the present donation shall be deemed automatically rescinded and of no force and effect.”  mortis causa since the right of disposition is not transferred to donee while donor is still alive.

Sicad v. CA

5. A donation made stipulating that it will take effect after the death of the donor but further stipulates that (1) the donor will not dispose nor take it away from the donee and that (2) the donor is parting with the beneficial ownership while he lived  inter vivos Donation Of The Same Thing To 2 Or More Different Persons

 Rules on double sale will apply

CLASSIFICATION OF DONATION INTER VIVOS 1. From the viewpoint of motive, purpose, or cause

donations Extent of

burden Law on

2. From the viewpoint of the taking effect

Inter vivos – takes effect

before the death

In praesenti – to be

delivered in future (also considered inter vivos)

Mortis causa

3. From the viewpoint of occasion

 Ordinary donation

Donation propter nuptias 4. From the viewpoint of object donated

 Corporeal property

A. Donation of real property B. Donation of personal property

 Incorporeal property – donation of inalienable rights

What may be given

 All or part of donor’s present property provided he reserves sufficient means for the support of the ff:

a. Himself

b. Relatives who by law are entitled to his support

c. Legitimes shall not be impaired

 when w/o reservation or if inofficious, may be reduced on petition of persons affected

Exception: conditional donation and donation mortis causa

Exception To The Exception: future property (cannot be disposed of at the time of donation)

 A donation would not be legally feasible if the donor has neither ownership nor real rights that he can transmit to the donee. Hemedes v. CA, [G.R. No. 107132, October 8, 2008]

DOUBLE DONATIONS:

Rule: Priority in time, priority in right

1. If movable – one who first takes possession in good faith

2. If immovable – one who recorded in registry of property in good faith

 No inscription, one who first took possession in good faith

 In absence thereof, one who presents oldest title

7. REVOCATION

Grounds For Revocation

1. Birth, Adoption, Reappearance of a child

 Period of 4 years from the time of birth, adoption or reappearance to revoke the donation

 Transmissible to the heirs of the donor if the donor dies within the 4 year period, in which case the remaining period shall apply to the donor’s heirs

 Reduction shall be based on the inofficiousness of the donation

2. Non-fulfillment of the conditions 3. Ingratitude

 Cannot be passed to the donor’s heir

 Period of 1 year from knowledge of the act of ingratitude, and it was possible for him to bring the action

Grounds For Reduction

1. Failure of the donor to reserve sufficient means for support of himself or dependent relatives

2.

Failure of donor to reserve sufficient property to pay off existing debts

3.

Inofficiousness, that is, the donation exceeds that which the donor can give by will 4. Birth, appearance or adoption of a child AUTOMATIC REVOCATION

 In contracts providing for automatic revocation, judicial intervention is necessary not for purposes of obtaining a judicial declaration rescinding a contract already deemed rescinded by virtue of an agreement providing for rescission even without judicial intervention, but in order to determine whether or not the rescission was proper the stipulation of the parties providing for automatic revocation of the deed of donation, without prior judicial action for that purpose, is valid subject to the determination of the propriety of the rescission sought. Where such propriety is sustained, the decision of the court will be merely declaratory of the revocation, but it is not in itself the revocatory act. Zamboanga Barter Traders v. Plagata, [G.R. No. 148433]

Revocation Of Donations

 Affects the whole donation

Applies only to donation inter vivos

 Not applicable to onerous donations

 Donor can revoke donation if the donee fails to comply with the conditions imposed by the donor. Prescription: 4 years from the non-compliance with condition.

 X donated a parcel of land to the University on the condition that the latter will establish a medical college named after X. After 50 years, X’s heirs filed annulment for failure to abide by the condition. Can this be revoked?

General rule is that if the period is not fixed in the contract, the court can fix the period.

However, it has been 50 years, more than enough time to comply. The Court refused to fix a period and ruled that the donation can be revoked for failure to comply with condition. Central Philippine University v.

CA, 246 SCRA 511

Action for revocation by reason of ingratitude

1. Donee commits offense against person, honor, property of donor, spouse, children under his parental authority

2. Donee imputes to donor any criminal offense or any act involving moral turpitude even if he should prove it unless act/crime has been committed against donee himself, spouse or children under his parental authority

3. Donee unduly refuses to give support to donor when legally or morally bound to give support to donor

BIRTH OF

action Needs court action

be returned Property in

excess Property to be returned

If already sold or cannot be

Prior ones are void; demand

recover from

be renounced Action cannot be renounced at instance of donor but

Exception to rule on intransmissibility of action with regard to revocation due to ingratitude:

1. Personal to the donor; general rule is heir cannot institute if donor did not institute 2. Heirs can only file in the following cases:

a. Donor has instituted proceedings but dies before bringing civil action for revocation b. Donor already instituted civil action but

died, heirs can substitute

c. Donee killed donor or his ingratitude caused the death of the donor

d. Donor died w/o having known the ingratitude done

e. Criminal action filed but abated by death 3. Can only make heirs of donee liable if

complaint was already filed when donee died Inofficious donations: cannot ask for reduction of donation 4. If there are 2 or more donation: recent

ones shall be suppressed

5. If 2 or more donation at same time – treated equally and reduction is pro rata but donor may impose preference which must be expressly stated in donation

6. Effect of declaration as inofficious: the donation is annulled only as to the portion diminishing the legitime

 Cause of action arising from the inofficiousness of donation arises only upon death of the donor, as the value of the donation will be contrasted with the net value of the estate of the donor decedent. Eloy Imperial v. CA,[ G.R. No. 112483 (1999)]

Checklist For Donation:

1. Whether onerous or gratuitous – if onerous, governed by law on contracts

2. If gratuitous, whether mortis causa or inter vivos – if mortis causa, governed by law on succession

3. If inter vivos, whether perfected or not (made known to the donor). If no perfection, donation is void.

4. If perfected, check for the capacity of the donor to give and the donee to receive. If no capacity, donation is void.

5. Compliance with Art 748 (movable) and 749 (immovable) of NCC. Non-compliance, donation is void.

ILLEGAL AND IMPOSSIBLE CONDITIONS - In Simple/Remunatory donations – shall be

considered as not imposed (Art 727)

- In Onerous/Contract – annuls obligation;

obligation and conditions are void (Art 1183)

N. Other Modes of Acquiring

Ownership

once the prescribed requisites or conditions are present or complied with (Jurado).

2. PRESCRIPTION

PRESCRIPTION is a mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights and actions; retroactive from

PRESCRIPTION is a mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights and actions; retroactive from