Bar Exam Syllabus on Property – Civil Code

Property and Lease

Property and Lease

PROPERTY
I. Characteristics
II. Classification (Arts. 415-418)
A. Hidden treasure (Arts. 438-439)
B. Right of accession (Art. 440)
1. Fruits (Arts. 441-444)
2. With respect to immovable property
a) Builder, planter, sower on land of another in the concept of owner
(i) Builder, planter, sower in good faith (Arts. 448-456)
(ii) Builder, planter, sower in bad faith (Arts. 449-450)
b) Usufructuary (Art. 579)
3. Lands adjoining river banks
a) Alluvion (Art. 457)
b) Change of course of river (Arts. 461-462 and P.D. 1067 or the Water
Code)
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c) Avulsion (Arts. 459-463)
4. Islands (Arts. 464-465)
C. By object
1. Real or immovable
2. Personal or movable
D. By owner
1. Of public dominion
2. Of private ownership
a) Patrimonial property
(i) Distinction between private property of individual persons and
of state entities
E. By nature
1. Consumable/non-consumable vs. Fungible/non-fungible
III. Ownership
A. Right in general
1. Bundle of rights
a) Jus utendi, fruendi, abutendi, vindicandi, disponendi (possidendi)
(i) Actions to recover ownership and possession of real property
(a) Distinctions between accion reivindicatoria, accion
publiciana, accion interdictal
(b) Distinction between forcible entry and unlawful
detainer
(ii) Actions for recovery of possession of movable property
(iii) Requisites for recovery of property
(a) Proof of right
(b) Identity
(c) Reliance on strength of own evidence, not weakness of
defendant’s claim
2. Distinction between real and personal rights
B. Modes of acquiring ownership
1. Original
2. Derivative
C. Limitations
1. General limitations: taxation, eminent domain, police power
2. Specific limitations: those imposed by law (sic utere tuo, nuisance, state of
necessity), easements voluntarily imposed by owner (servitudes, mortgages
imposed by contract)
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IV. Accession
A. Right to hidden treasure
B. General rules
1. For immovables:
a) Accession discreta (natural, industrial, civil fruits) and continua
(over immovables: artificial/industrial and natural)
b) Accession industrial (building, planting, sowing in good faith or bad
faith)
c) Accession natural (accretion, avulsion, rivers, islands)
2. For movables:
a) Accession continua (conjunction, adjunction, commixtion/ confusion,
specification)
b) Rules for determining the principal and accessory
V. Quieting of Title to or Interest in and Removal or Prevention of Cloud over Title to
or Interest in Real Property (Arts. 476-481)
A. Requirement
B. Distinction between quieting of title and removing/preventing a cloud
C. Prescription/non-prescription of action
VI. Co-ownership
A. Characteristics of co-ownership
1. In general
2. Special rules
a) Concept of condominium
(i) Condominium corporation
(ii) Interest in real property
(iii) Concept of common areas, amendment
(iv) Documents to consider (master deed, declaration of
restrictions, articles and by-laws of the condominium corporation
or the association, where applicable)
b) Rights and obligations of condominium owners
(i) Contributions/dues
(ii) P.D. 957, The Subdivision and Condominium Buyers’
Protective Decreeand R.A. 6552, Realty Installment Buyer Act
c) Grounds for partition of common areas, or dissolution of the
condominium
B. Source of co-ownership
10
C. Rights of co-owners
1. Distinction between right to property owned in common and full ownership
over his/her ideal share
2. Right to oppose acts of alteration
3. Right to partition
4. Right to contributions for expenses (necessary expenses, taxes)
5. Waiver
6. Right to redemption of co-owners share
D. Termination/extinguishment
1. Effect of partition
2. Rights against individual co-owners in case of partition
3. Partition in case co-owners cannot agree
VII. Possession
A. Characteristics
B. How acquired (Art. 531)
C. Effects of possession
1. Possessor in good faith (Arts. 544, 526-527)
a) Right to pending fruits (Art. 545)
b) Right to be reimbursed
(i) Necessary and useful expenses (Arts. 546-547)
(ii) Expenses for pure luxury (Art. 548)
2. Possessor in bad faith (Arts. 449, 549, 552)
D. Loss or unlawful deprivation of a movable (Arts. 559, 1505(3))
1. Period to recover (Arts. 1140, 1134, 1132, 1133)
2. Finder of lost movable (Arts. 719-720)
3. Distinguished from voidable title (Art. 1506)
E. In concept of owner, holder, in one’s own name, in name of another
F. Rights of the possessor
G. Loss/termination
VIII. Usufruct
A. Characteristics
B. Classification
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C. Rights and obligations of usufructuary
D. Rights of the owner
E. Extinction/termination
IX. Easements (Arts. 613, 615-616)
A. Characteristics
B. Classification
1. Legal easements
a) Right of way
2. Voluntary easements (Art. 688)
a) Effect of zoning ordinance
C. Modes of acquiring easements
1. Compulsory easements (Arts. 620-624)
2. Easement of light and view (Arts. 669-673)
D. Rights and obligations of dominant and subservient estate
E. How terminated
X. Nuisance (Arts. 694-707)
A. Definition
B. Classification
C. Remedies
XI. Modes of Acquiring Ownership (Art. 712)
A. Occupation (Art. 713)
B. Donation
1. Definition (Arts. 725-726, 746)
2. Characteristics
a) Extent to which donor may donate property
b) Reservations and reversions
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3. Kinds
a) Donation inter vivos (Art. 729)
b) Donation by reason of marriage (Family Code, Arts. 82-83, 86)
c) Donation mortis causa (Art. 728)
d) Onerous donation (Art. 733)
e) Simple, modal, conditional
4. Formalities required
a) How made and accepted
b) Perfection
c) Differences between formalities for donation of real, personal
properties
(i) Movables (Art. 748)
(ii) Immovables (Art. 749)
5. Qualifications of donor, donee
6. Effects of donation/limitations
a) In general
b) Double donations
c) Excessive/inofficious
d) Scope of amount (Arts. 750-752)
e) In fraud of creditors (Art. 759)
7. Void donations (Arts. 739-740, 1027)
8. Revocation or

6 responses to “Bar Exam Syllabus on Property – Civil Code

  1. Thank you. can i ask favor to please send me digested case of Estate of Lino Olaguer vs. Onggoco, Wee vs. De Castro, Teoco vs. MBTC, San Pedro vs. Ong. Thank you

    ________________________________

    • ano pong subjects ang mga cases na ito analie? i’d like to help you out. wala po bang GR#? yung teoco at san pedro di ko po kasi mahanap. i’ll try again po later

  2. G.R. No. 173312, August 26, 2008] ESTATE OF LINO OLAGUER VS. ONGJOCO

    Facts:The plaintiffs are the legitimate children of the spouses Olaguer. Lino Olaguer died so Special Proceedings for probate of will was filed and Defendant Olivia P. Olaguer was appointed as administrator pursuant to the will. In the order of theprobate court some properties of the estate were authorized to be sold to pay obligations of the estate.A subdivision agreement was entered into on November 17, 1973, among Domingo Candelaria, Olivia P. Olaguer,Domingo O. de la Torre and Emiliano M. [Ongjoco]. On January 15, 1976, Jose A. Olaguer claiming to be the attorney-in-fact of his son Virgilio Olaguer under a general power of attorney, those lot sold to defendant Emiliano M. Ongjoco. Thus,they filed an action for the Annulment of Sales of Real Property and/or Cancellation of Titles by the CFI.

    Issue:

    Whether or not respondent Ongjoco can be considered an innocent purchaser for value.

    Ruling:The court hold that respondent Emiliano M. Ongjoco was in bad faith when he bought Lots Nos. 1 and 2 from Jose A.Olaguer, as the latter was not proven to be duly authorized to sell the said properties. However, respondent Ongjoco wasan innocent purchaser for value with regard to Lots Nos. 76-D, 76-E, 76-F and 76-G since it was entirely proper for him torely on the duly notarized written power of attorney executed in favor of Jose A. Olaguer

  3. Pingback: Law firm in Utah – Real property vs persoanal propety: Avoiding lawsuits «·

  4. hi!,I really like your writing so much! share we keedp in touch extra about your popst on AOL?

    I need a specialist on this house to solvee my problem.
    May be that is you! Hving a look ahead to peer you.

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