Article 15. 707. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. 468. 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. The wall is in danger of falling. Every owner of a piece of land has the right to construct within his property, reservoirs for rain waters, provided he causes no damage to the public or to third persons. (345a), Whenever the word "muebles," or "furniture," is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or the individual declaration, the contrary clearly appears. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. 483. 615. 646. 639. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners. (5) Hinders or impairs the use of property. 654. 446. (499a). Civil Code Of The Phlippines Article 694. (415), Art. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant's claim. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity. 630. The usufructuary may set off the improvements he may have made on the property against any damage to the same. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it. 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. Art. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 617. (404), Art. The owner of a tenement or piece of land, the usufruct of which belongs to another, may impose thereon, without the consent of the usufructuary, any servitudes which will not injure the right of usufruct. (605), Art. (564a), Art. 655. 582. (517). Improvements caused by nature or time shall always insure to the benefit of the person who has succeeded in recovering possession. 500. (419), Art. But the co-ownership may be terminated in accordance with Article 498. (597a), Art. Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. Should the immovable be attached or sold judicially for the payment of the debt, the owner shall be liable to the usufructuary for whatever the latter may lose by reason thereof. This Act shall be known as the "Civil Code of the Philippines." When the owner of waters artificially brought to the surface abandons them to their natural course, they shall become of public dominion. If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road, the owner of the servient estate may demand that the easement be extinguished, returning what he may have received by way of indemnity. Art. The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. 592. If the owner of the servient estate should make use of the easement in any manner whatsoever, he shall also be obliged to contribute to the expenses in the proportion stated, saving an agreement to the contrary. 666. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176. (556), Art. Whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of them under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. (608a), PHILIPPINE SUPREME COURT DECISIONS ON-LINE, Copyright © These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. No one may enter private property to search waters or make use of them without permission from the owners, except as provided by the Mining Law. Art. Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the property indemnity. Easements are indivisible. Art. The private ownership of the beds of rain waters does not give a right to make works or constructions which may change their course to the damage of third persons, or whose destruction, by the force of floods, may cause such damage. 492. (551a), The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works which will increase the burden. (402), Art. G.R. The provisions of this article shall not prejudice the rights of third persons, acquired either at the beginning or at the termination of the usufruct. The interest on the proceeds of the sale of the movables and that on public securities and bonds, and the proceeds of the property placed under administration, shall belong to the usufructuary. 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. Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. (2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; (3) Waters rising continuously or intermittently on lands of public dominion; (4) Lakes and lagoons formed by Nature on public lands, and their beds; (5) Rain waters running through ravines or sand beds, which are also of public dominion; (7) Waters found within the zone of operation of public works, even if constructed by a contractor; (8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or a municipality from the moment they leave such lands; (9) The waste waters of fountains, sewers and public establishments. 453. CC0694CC_0694-0707Republic Act No. (n), Art. But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. (349a), Art. (390a), In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. (369a), Art. 621. 560. 609. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. In case they were not appraised, he shall have the right to return at the same quantity and quality, or pay their current price at the time the usufruct ceases. Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses made. If the dominant estate belongs to several persons in common, the use of the easement by any one of them prevents prescription with respect to the others. The payment of annual charges and taxes and of those considered as a lien on the fruits, shall be at the expense of the usufructuary for all the time that the usufruct lasts. (413), Art. Art. However, the donor shall not be liable for indemnity. 429. 386 Civil Code of the Philippines, Book II Property, Ownership, and its Modifications, Title VIII NuisanceArticle 694. 557. Art. The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper, provided he does not alter its form or substance; but he shall have no right to be indemnified therefor. Civil Code of the Philippines Miyerkules, Oktubre 5, 2011. Actual possession under claim of ownership raises disputable presumption of ownership. 619. The establishment, extent, form and conditions of the servitudes of waters, to which this section refers, shall be governed by the special laws relating thereto insofar as no provision therefor is made in this Code. (482), Art. (n) SECTION 2. (380), Art. Art. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded. If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season. (502a), Art. But in such a case, if the owner should wish to construct another building, he shall have a right to occupy the land and to make use of the materials, being obliged to pay to the usufructuary, during the continuance of the usufruct, the interest upon the sum equivalent to the value of the land and of the materials. 594. (392). 447. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion. 663. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. (n), Art. 449. A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him. 616. (334a). (555), Art. 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. (446a), Art. (n), For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate. Article 482 Rules in case of building,etc. The possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third persons, except in accordance with the provisions of the Mortgage Law and the Land Registration laws. The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. The expenses, costs and liabilities in suits brought with regard to the usufruct shall be borne by the usufructuary. This Code shall take effect one year after such publication. If the servient estate is divided between two or more persons, the easement is not modified, and each of them must bear it on the part which corresponds to him. The following things are property of public dominion: (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. (407). 534. (553a), Art. Only such as are manifest or born are considered as natural or industrial fruits. (606), Art. An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way. The title and, in a proper case, the possession of an easement acquired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. For legal purposes, the easement of aqueduct shall be considered as continuous and apparent, even though the flow of the water may not be continuous, or its use depends upon the needs of the dominant estate, or upon a schedule of alternate days or hours. (1) Those movables susceptible of appropriation which are not included in the preceding article; (2) Real property which by any special provision of law is considered as personal property; (3) Forces of nature which are brought under control by science; and, (4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. Art. The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment. Art. (583). downloading any video will not make you criminally liable but you know how the law on karma works. 481. 651. document.write("1998 - "+yr); With respect to animals, it is sufficient that they are in the womb of the mother, although unborn. 433. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. Every concession for the use of waters is understood to be without prejudice to third persons. No co-owner shall be obliged to remain in the co-ownership. 665. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. Art. 490. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. (464a), Art. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. Art. Mistake upon a doubtful or difficult question of law may be the basis of good faith. 662. (403), Art. (505). 448. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. Art. 496. Article 1. The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. 535. (n). (341a), Art. 629. However, in case of civil interruption, the Rules of Court shall apply. 561. If the latter has paid them, the usufructuary shall pay him the proper interest on the sums which may have been paid in that character; and, if the said sums have been advanced by the usufructuary, he shall recover the amount thereof at the termination of the usufruct. The usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by a gratuitous title; but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct, saving leases of rural lands, which shall be considered as subsisting during the agricultural year. One who validly renounces an inheritance is deemed never to have possessed the same. The provisions of this article also apply to trees which have grown spontaneously. (578a), Art. Personal rights pertaining to third persons against the co-ownership shall also remain in force, notwithstanding the partition. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. (511), Art. 444. Discontinuous easements are those which are used at intervals and depend upon the acts of man. Enclosed estate; voluntary alienation or partition. 585. Should a question arise regarding the fact of possession, the present possessor shall be preferred; if there are two possessors, the one longer in possession; if the dates of the possession are the same, the one who presents a title; and if all these conditions are equal, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. (567a), Art. (434), Art. One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value. 625. Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:(1) Injures or endangers the health or safety of others; or(2) Annoys or offends the senses; or(3) Shocks, defies or disregards decency or morality; or(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or(5) Hinders or impairs the use of property.✔ Subscribe to Legal Philippines on YouTube: https://www.youtube.com/channel/UCZ6inC9JMIDNnsj_0Ub76hw?sub_confirmation=1 Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary. 689. 612. 580. 498. provided. 454. 538. (1) Continuous or intermittent waters rising on lands of private ownership, while running through the same; (2) Lakes and lagoons, and their beds, formed by Nature on such lands; (3) Subterranean waters found on the same; (4) Rain waters falling on said lands, as long as they remain within the boundaries; (5) The beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public dominion. Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. Art. Easements are also positive or negative. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. 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