prp

Civil code of the Philippines

BGT - ID 2A Gr. 3

DIFFERENT MODES OF ACQUIRING OWNERSHIP

V. COLLATION & PRESCRIPTION

IV. LEGITIME LEGAL or interstate succession

III. SUCCESSION &WILLS

II. INTELLECTUAL CREATION & DONATION

I. ownership & occupation

contents

OWNERSHIP

ART. 712

• Ownership is acquired by occupation and by intellectual creation.

• Ownership and other real rights over property are acquired and transmitted by law, by donation, by the estate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription.

OWNERSHIP

• Res Nullius
• Res Communes
• Res Alicujus

There are three kinds of things, depending on the nature of their ownership:

LOREM IPSUM

• Donation
• Tradition
• Law
• Prescription
• Succession

• Occupation
• Intellectual creation

II. Derivative Modes

I. Original Modes

MODES OF ACQUIRING OWNERSHIP

(Article 713- 720)

• Occupation is a mode of the seizure of corporeal things which do not have an owner with the intention of acquiring them and in accordance with the rules prescribed by law.

Why is it important for us to learn laws about intellectual creation and donation?

INTELLECTUAL CREATION AND DONATION

Intellectual Creation

- It is a law that exists in order to protect the creators and covers areas of copyright, trademark law, and patents.

What is Intellectual Property?

Intellectual creation (product)

Intellectual property vs. Intellectual creation

Intellectual property (law)

(1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work; (2) The composer; as to his musical composition; (3) The painter, sculptor, or other artist, with respect to the product of his art; (4) The scientist or technologist or any other person with regard to his discovery or invention.

Art. 721. By intellectual creation, the following persons acquire ownership:

Intellectual creation

Art. 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding article, shall have the ownership of their creations even before the publication of the same. Once their works are published, their rights are governed by the Copyright laws. The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. The scientist or technologist has ownership of his discovery or invention even before it is patented.

DONATION

Nature of Donation

CHAPTER 1

Art. 725. A donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. Art. 728. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession.

CHAPTER 1 Nature of Donation

Art. 731. When a person donates something, subject to the resolutory condition of the donor's survival, there is a donation inter vivos. Art. 732. Donations which are to take effect inter vivos shall be governed by the general provisions on contracts and obligations in all that is not determined in this Title.

CHAPTER 1 Nature of Donation

Persons who may give or receive donations

CHAPTER 2

Art. 735. All persons who may contract and dispose of their property may make a donation. Art. 736. Guardians and trustees cannot donate the property entrusted to them.

CHAPTER 2 Persons who may give or receive donations

Art. 739. The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation; (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descedants and ascendants, by reason of his office.

CHAPTER 2 Persons who may give or receive donations

Art. 741. Minors and others who cannot enter into a contract may become donees but acceptance shall be done through their parents or legal representatives. Art. 742. Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born.

CHAPTER 2 Persons who may give or receive donations

Art. 745. The donee must accept the donation personally, or through an authorized person with special power for the purpose, or with a general and sufficient power; otherwise, the donation shall be void. Art. 747. Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification and notation of which Article 749 speaks.

CHAPTER 2 Persons who may give or receive donations

Art. 748. The donation of a movable may be made orally or in writing. *An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing, otherwise, the donation shall be void.

CHAPTER 2 Persons who may give or receive donations

Art. 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy.

CHAPTER 2 Persons who may give or receive donations

Effect of Donations and Limitations Thereon

CHAPTER 3

Art. 750. The donations may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected.

CHAPTER 3 Effect of Donations and Limitations Thereon

Art. 759. There being no stipulation regarding the payment of debts, the donee shall be responsible therefore only when the donation has been made in fraud of creditors.

CHAPTER 3 Effect of Donations and Limitations Thereon

Revocation and Reduction of Donations

CHAPTER 4

(1) If the donor, after the donation, should have legitimate or legitimated or illegitimate children, even though they be posthumous; (2) If the child of the donor, whom the latter believed to be dead when he made the donation, should turn out to be living; (3) If the donor subsequently adopt a minor child

Art. 760. Every donation inter vivos, made by a person having no children or descendants, legitimate or legitimated by subsequent marriage, or illegitimate, may be revoked or reduced as provided in the next article, by the happening of any of these events:

CHAPTER 3 Effect of Donations and Limitations Thereon

Art. 764. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter

CHAPTER 3 Effect of Donations and Limitations Thereon

(1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority; (2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor.

Art. 765. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases:

CHAPTER 3 Effect of Donations and Limitations Thereon

Art. 766. Although the donation is revoked on account of ingratitude, nevertheless, the alienations and mortgages effected before the notation of the complaint for revocation in the Registry of Property shall subsist. Art. 769. The action granted to the donor by reason of ingratitude cannot be renounced in advance. This action prescribes within one year, to be counted from the time the donor had knowledge of the fact and it was possible for him to bring the action.

CHAPTER 3 Effect of Donations and Limitations Thereon

Art. 770. This action shall not be transmitted to the heirs of the donor, if the latter did not institute the same, although he could have done so, and even if he should die before the expiration of one year. Art. 772. Only those who at the time of the donor's death have a right to the legitime and their heirs and successors in interest may ask for the reduction or inofficious donations. Art. 773. If there being two or more donations, the disposable portion is not sufficient to cover all of them, those of the more recent date shall be suppressed or reduced with regard to the excess

CHAPTER 3 Effect of Donations and Limitations Thereon

SUCCESSION WILLS

ART. 783

• A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death.

WILL

A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death.

If my deceased parent did not leave a will, am I still entitled to inherit?

QUESTION:

Who are the legal or intestate heirs?

QUESTION:

What are the instances when legal or intestate succession takes place?

QUESTION:

Who are the compulsory heirs?

QUESTION:

Can a person make a will and give everything he owns to just one person?

QUESTION:

Yes. A compulsory heir may be disinherited, provided that the following requirements are complied with:

Is there a way for me to disinherit one of my compulsory heirs?

QUESTION:

What are the grounds for disinheritance?

QUESTION:

What is the difference between an heir, a devisee, and a legatee?

QUESTION:

What are the different kinds of wills?

QUESTION:

What are the formalities of a notarial will?

QUESTION:

What are the formalities of a holographic will?

QUESTION:

Probate refers to the proceeding in court for the purpose of establishing the validity of the will by determining whether it has complied with the required formalities.

What is probate?

QUESTION:

I already made a will, may I have it revoked in case I change my mind?

QUESTION:

If I decide not to succeed, am I allowed to renounce my inheritance?

QUESTION:

Acceptance may be express or implied.

How is acceptance of inheritance made?

QUESTION:

How do I renouce my inheritance?

QUESTION:

LEGITIME

The legitime of a decedent's inheritance, often referred to as a compelled share or legal right share in civil law and Roman law, is that portion of the estate from which he cannot disinherit his children or parents without a valid legal reason.

LEGITIME

ART. 887

• The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in Article 287

ART. 892

• If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same.

Disinheritance

ART. 919

• The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:

(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; (3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator; (4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant; (6) Maltreatment of the testator by word or deed, by the child or descendant; (7) When a child or descendant leads a dishonorable or disgraceful life; (8) Conviction of a crime which carries with it the penalty of civil interdiction.

Legal or interstate succession

In the absence of a will, the deceased person's heirs will inherit according to law.

Relationship

ART. 963

• Proximity of relationship is determined by the number of generations. Each generation forms a degree. (915)

Right of Representation

• The father and mother, if living, shall inherit in equal shares.

ART. 986

ART. 985

• In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. (935a)

Collateral Relatives

• Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. (947

ART. 1004

ART. 1003

• If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. (946a)

• In order that the State may take possession of the property mentioned in the preceding article, the pertinent provisions of the Rules of Court must be observed.

ART. 1012

ART. 1011

The State

• In default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate.

Capacity to Succeed by Will of by Intestacy

ART. 1050

In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. Art. 1032. The following are incapable of succeeding by reason of unworthiness: (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue; (2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; (4) Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation; (5) Any person convicted of adultery or concubinage with the spouse of the testator; (6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made; (7) Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter's will; (8) Any person who falsifies or forges a supposed will of the decedent. (756, 673, 674a)

Right of Accretion

ART. 1015

• Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees.

Acceptance and Repudiation of the Inheritance

ART. 1050

An inheritance is deemed accepted:

• If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them;
• If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs;
• If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. (1000)

COLLATION PRESCRIPTION

Why is it important for us to learn laws about Collation & Prescription?

It is the process of adding the value of things donated to the net value of hereditary estate. To collate is to bring back or return to the hereditary mass, in fact or fiction, property which came from the estate of the decedent, during his lifetime, but which the law considers as an advance from the inheritance. Collation is applicable to both donations to compulsory heirs and donations to strangers.

What is Collation?

LOREM IPSUM

Prescription is another mode of acquiring ownership and other real rights over immovable property. It is concerned with 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.

What is Prescription?

LOREM IPSUM

COLLATION

Art. 1062. Collation shall not take place among compulsory heirs if the donor should have so expressly provided, or if the done should repudiate the inheritance, unless the donation should be reduced as in officious. (1036) Art. 1063. Property left by will is not deemed subject to collation, if the testator has not otherwise provided, but the legitime shall in any case remain unimpaired. (1037)

SECTION 5

COLLATION

Art. 1064. When the grandchildren, who survive with their uncles, aunts, or cousins, inherit from their grandparents in representation of their father or mother, they shall bring to collation all that their parents, if alive, would have been obliged to bring, even though such grandchildren have not inherited the property. They shall also bring to collation all that they may have received from the decedent during his lifetime, unless the testator has provided otherwise, in which case his wishes must be respected, if the legitime of the co-heirs is not prejudiced. (1038)

SECTION 5

Partition and Distribution of the Estate

Art. 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased. (n) Art. 1079. Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value. (n) A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash. (1056a)

SECTION 6

Art. 1091. A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. (1068) Art. 1092. After the partition has been made, the co-heirs shall be reciprocally bound to warrant the title to, and the quality of, each property adjudicated. (1069a)

Effects of Partition

SUBSECTION 2

(1) When the testator himself has made the partition, unless it appears, or it may be reasonably presumed, that his intention was otherwise, but the legitime shall always remain unimpaired;(2) When it has been so expressly stipulated in the agreement of partition, unless there has been bad faith; (3) When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property. (1070a)

Art. 1096. The obligation of warranty among co-heirs shall cease in the following cases:

Effects of Partition

SUBSECTION 2

Art. 1097. A partition may be rescinded or annulled for the same causes as contracts. (1073a) Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of theco-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated. (1074a)

Rescission and nullity of Partition

SUBSECTION 3

CHAPTER 1. General Provisions

ART. 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 byprescription. (1930a)

ART. 1107

• Persons who are capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription. Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through their parents, guardians or legal representatives.(1931a)

CHAPTER 3. Prescription of Action

• Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to Articles 1132, and without prejudice to the provisions of Articles 559, 1505, and 1133. (1962a)

ART. 1140

ART. 1139

• Actions prescribe by the mere lapse of time fixed by law. (1961)

(1) To demand a right of way, regulated in Article 649; (2) To bring an action to abate a public or private nuisance. (n) Art. 1145. The following actions must be commenced within six years: (1) Upon an oral contract; (2) Upon a quasi-contract. (n)

ART. 1143

• The following rights, among others specified elsewhere in this Code, are not extinguished by prescription:

ART. 1148

• The limitations of action mentioned in Articles 1140 to 1142, and 1144 to 1147 are without prejudice to those specified in other parts of this Code, in the Code of Commerce, and in special laws. (n)

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