ACCESSION

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ACCESSION

WHAT IS RIGHT OF ACCESSION

            Art. 440. The ownership of property gives the right by accession to everything which is produced thereby , or which is incorporated or attached  thereto, either naturally or artificially.

Is accession a mode of acquiring ownership?

            No because in Article 712, accession is not one of those listed  modes of acquiring ownership.

            Art. 712. Ownership is acquired by occupation and by intellectual creation.

                            Ownership and other real right over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition.

                            They may also be acquired by means of prescription.

 

Modes of acquiring Ownership:

  1. Occupation
  2. Intellectual creation
  3. Law
  4. Donation
  5. Succession
  6. Tradition, as a consequence of certain contracts
  7. Prescription

What are the kinds of accession?

  1. Accession discreta – to the fruits, a right of property owner to everything which is produced therby.
  1. Natural fruits
  2. Industrial fruits
  3. Civil fruits
  1. Accession Continua – the right of a property owner to everything which is incorporated or attached thereto , either naturally or artificially.
  1. With reference to real property
    1. Accession industrial
      1. Building
      2. Planting
      3. Sowing
    2. Accession natural
      1. Alluvium
      2. Avulsion
      3. Change of course of rivers
      4. Formation of islands
    3. With respect to personal property
      1. Adjunction or conjunction
        1. Engraftment
        2. Attachment
        3. Weaving
        4. Painting
        5. Writing
      2. Mixture ( confusion – liquids; commixtion-solids)
  • Specification

What is Accession discreta?

Art. 440. The ownership of property gives the right by accession to everything which is produced thereby , or which is incorporated or attached  thereto , either naturally or artificially.

 

Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.

                        Industrial fruits are those produced by lands of any kind through cultivation or labor.

                        Civil fruits are the rents of buildings, the price of leases of land and other property and the amount of perpetual or life annuities or other similar income.

 

What are the exceptions to accession discrete?

KEY WORD: PULA

            Art. 544. A possessor in good faith is entitled to the fruits received before the possession is legally interrupted.

                        Natural and  industrial fruits are considered received from  the time they are gathered or severed.

                        Civil fruits are deemed to accrue daily and belong to the possessor in good faith on that proportion.

            Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. With respect to hidden treasure which may be found on the land or tenement, he shall be considered a stranger.

            Art. 1654. The lessor is obliged:

  1. To deliver the thing which is the object of the contract in such conditions as to render it fit for the use intended.
  2. To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary;
  3. To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.

Art. 2132. By the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit.

WHO OWNS THE FRUITS WHICH ARE STILL PENDING (GROWING) AT THE TIME POSSESSION IS RECOVERED BY THE OWNER FROM A MERE POSSESSOR WHO DID THE PLANTING OR SOWING?

            Art. 545.  If at the time the good faith ceases, there should be any natural or industrial fruits, the possessor shall have a right to a part of the expenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession.

                        The charges shall be divided on the same basis by the two possessors.

                        The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fuits, as an indemnity for his part of the expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner.

            Art. 449.  He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity.

WHO HAS THE RIGHT OVER THE FRUITS WHICH WERE ALREADY GATHERED OR HARVESTED AT THE TIME POSSESSION IS RECOVERED BY THE OWNER FROM A MERE POSSESSOR WHO DID PLANTING OR SOWING?

            Art. 544.  A possessor  in good faith is entitled to the fruits received before the possession is legally interrupted.

                        Natural and industrial fruits are considered received from the time they are gathered or severed.

                        Civil fruits are deemed to accrue daily and belong to the possessor in good faith on that proportion.

            Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering and preservation.

            Art. 549. The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received , and shall have a right only to the expenses mentioned  in paragraph 1 of art. 546 and  in art. 443. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith; but he may remove the objects for which such expenses have been incurred, provided  that the things suffers no injury thereby, and that the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters possession.

            Art. 546. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been reimbursed therefor.

                        Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof.

CASE: EQUATORIAL REALTY VS. MAYFAIR THEATER, 379 SCRA 56

ACCESSION INDUSTRIAL – accession continua with reference to a real property. This pertains to building, planting, and sowing.

WHAT ARE THE BASIC RULES AND CONSIDERATIONS IN ACCESSION INDUSTRIAL?

 

            Art. 446. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved.

            Art. 445. Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.

            The builder, planter or sower is a person different from the landowner.

            Accession follows the principal

            Incorporation or attachment is such that removal or separation will cause substantial injury.

            Observe rules on unjust enrichment.

            The good faith or bad faith of the parties determines their rights.

CASE: ARANGOTE VS. MAGLUNOB, GR # 178906, FE. 18 2009

WHAT ARE THE RIGHTS AND OBLIGATIONS OF THE PARTIES WHEN THE LANDOWNER BUILDS, PLANTS OR SOWS WITH MATERIALS OF ANOTHER?

            Art. 447. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another ,shall pay their value; and if, he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them  in any event, with a right to be indemnified for damages.

WHAT ARE THE RIGHTS AND OBLIGATIONS OF THE PARTIES WHEN THE LANDOWNER AND THE BUILDER, PLANTER OR SOWER ARE BOTH IN GOOD FAITH?

            Art. 448 The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in Article 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof.

            Art. 546. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been reimbursed therefor.

                        Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof.

            Art. 548. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended.

WHAT ARE THE RIHTS AND OBLIGATIONS OF THE PARTIES WHEN THE LANDOWNER IS IN GOOD FAITH WHILE THE BUILDER, PLANTER OR SOWER IS IN BAD FAITH?

            Art. 449. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity.

            Art. 450. The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent.

            Art. 451. In the cases of the two preceding articles, the landowner is entitle to damages from the builder, planter or sower.

            Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land.

WHAT ARE THE RIGHT AND OBLIGATIONS OF THE PARTIES WHEN BOTH THE LANDOWNER AND THE BUILDER, PLANTER OR SOWER ARE IN BAD FAITH?

            Art. 453. If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith.

                        It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part.

WHAT ARE THE RIGHTS AND OBLIGATIONS OF THE PARTIES WHEN  THE LANDOWNER IS IN BAD FAITH WHILE THE BUILDER , PLANTER OR SOWER IS IN GOOD FAITH?

            Art. 454. When the land owner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of Article 447 shall apply.

            Art. 447. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another ,shall pay their value; and if, he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them  in any event, with a right to be indemnified for damages.

WHAT ARE THE RIGHTS AND OBLGIATIONS OF THE PARTIES WHEN THE BUILDER, PLANTER OR SOWER USES MATERIALS OF ANOTHER AND BUILDS, PLANTS OR SOWS ON THE LAND OF ANOTHER?

            Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarilly for their value and only in the event that the one who made use of them has nor property with which to pay.

                        This provision shall not apply if the owner makes use of the right grnated by Article 450. If the owner of thematerials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor.

CASES:

  1. Nuguid vs. CA
  2. PNB vs. De Jesus
  3. Pleasantville Dev’t Corp vs. CA
  4. Evadel Soriano
  5. Technogias vs. CA
  6. Reynaldo and Editha Lopez vs. Sarabia
  7. Programme Inc. vs. Province of Bataan
  8. Geminiano v. CA
  9. Sulo sa Nayon Inc. v Nayong Filipino Founation
  10. Cheng vs. Donini
  11. Jimenez vs. Patricia
  12. NHA vs. Grace Baptist Church

ACCESSION NATURAL

 

WHAT IS ALLUVIUM OR ALLUVION

            Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters.

            Art. 458. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them  in extraordinary floods.

            Article 4, Spanish Law of Waters of 1866: accretion and alluvial deposits caused by action of the sea form part of the public domain.

            Article 77, Spanish Law of Waters of 1866: Land accidentally inundated by the waters of lakes, creeks, rivers or streams shall continue to be the property of their respective owners.

WHAT IS AVULSION?

            Art. 459. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years.

WHO OWNS THE TREES WHICH ARE UPROOTED AND CARRIED AWAY BY THE CURRENT OF THE WATERS AND THEN CAST UPON THE LAND OF ANOTHER?

            Art. 460. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place.

WHO OWNS THE RIVER BED WHICH IS ABANDONED THROUGH THE NATURAL CHANGES IN THE COURSE OF THE WATERS OF A RIVERS?

            Art. 461. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed.

            Article 58, Water Code of the Philippines

            Article 462.  Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion.

WHEN THE CURRENT OF A RIVER DIVIDES ITSELF INTO BRANCHES AND LEAVES A PIECE OF LAND OR PART THEREOF ISOLATED, WHO OWNS THE PIECE OF LAND?

            Art. 463.  Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. He also retains it if a portion of land is separated from the estate by the current.

WHO OWNS THE ISLAND FORMED ON A BODY OF WATER?

            Art. 464. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State.

            Art. 465 Islands which through successive accumulation of alluvial deposits are formed in non navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof.

            Art. 59. Water Code of the Philippines.

Cases: Begaipo etc.

ACCESSION TO MOVABLE PROPERTY

  1. Adjuntion/Conjunction

Art. 466. Whenever two movable things belonging to different owners are, without bad faith, united  in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.

Art. 467. The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection.

Art. 468. If it cannot be determined by the rule given in the preceeding article which of the two things incorporated is the principal one, the thing of the greater value shall be so considered, and as between two things of equal value, that of the greater volume.

            In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.

Art. 469. Whenever the things united can be separated without injury, their respective owners may demand their separation.

            Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury.

Art. 470. Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered.

            If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have  a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages.

            If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith.

            Art. 471. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed , or else in the price thereof, according to expert appraisal.

  1. Mixture

Art. 472. If by the will of the owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused.

  1. Commixtion
  2. Confusion
  1. Specification