Civil Law Propert

1. G-one T. Paisones
JD-II

2. Planter in Good
Faith
Planter in Bad Faith
Planter
(A)
“A” is possessor in good faith
is entitled to the fruits received
before the possession is
legally interrupted. (Art. 544
NCC)
Lost the right to the fruits.
Reimburse for the expenses
for production, gathering, and
preservation. (Art. 443 NCC)
Landowner
(B)
No necessity to reimburse “A”
of expenses since the planter
retains the fruits (Art. 544
NCC)
B should be considered the
owner of the fruits, since he is
the owner of the land, and “A”
is a planter in bad faith but he
must reimburse “A” for the
expenses for production,
gathering, and preservation.
(Art. 443 NCC)

3. Planter in Good
Faith
Planter in Bad Faith
Planter
(A)
Reimbursed for expenses, for
production, gathering and
preservation (Art.443, NCC).
“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.”
(NCC 449)
Entitled to reimbursement for the
necessary expenses of
preservation of the land. (Art. 452
NCC).
Landowner
(B)
Owns fruits provided he pays
planter expenses for production,
gathering and preservation (Art.
443, NCC).
B should be considered the owner
of the fruits, since he is the owner
of the land, and A is a planter in
bad faith but he must reimburse A
for the expenses for preservation
of land. (NCC 452)

4. Land Owner Owner of Materials
Good faith Good faith
Acquire building etc. after paying indemnity for value
of materials (NCC, Art. 447)
Receive indemnity for value of materials; or Remove
materials if w/o injury to works, plantings or
constructions (NCC, Art. 447)
Bad faith Good faith
Acquire building etc. after paying value of materials
AND indemnity for damages, subject to the right of
the owner of materials to remove (NCC, Art. 447)
Be indemnified for value of materials and damages;
or Remove materials, w/ or w/o injury and be
indemnified for damages (NCC, Art. 447).
Good faith Bad faith
Acquire w/o paying indemnity and right to damages
(NCC, Art 445 and 449, by analogy), he would also
be entitled to consequential damages (as when for
instance, the materials are of an inferior quality);
and Pay necessary expenses for preservation of
land. (NCC, Article 452)
Lose materials w/o being indemnified and pay
damages (NCC, Articles 445 and 449, by analogy)
and pay consequential damages;band Recover
necessary expenses for preservation of land without
the right to retain the thing until the indemnity is
paid. (NCC, Articles 452 and 546)
Bad faith Bad faith
As though both acted in good faith

5. Land Owner Builder, Planter, Sower Owner of Materials
Good faith Good faith Good faith
Options:
(1) Right to acquire improvements
and pay indemnity to Builder
Planter or Sower; subsidiarily
liable to Owner Materials; Pay
also the useful expenses which
could either be: Original costs of
improvements; or Increase in the
value of the whole (NCC, Art. 546)
(2) Sell the land to Builder or
Planter except if the value of the
land is considerably more; or
(3) Rent to Sower.
(4) Pay for expenses in Art. 443
NCC (with respect to P and S)
Options:
(1) Right of retention until
necessary and useful expenses
are paid (NCC, Art. 546);
(2) To pay value of materials to
Owner of Materials
(3) Buys the land or rents it,
Builder or Planter cannot be
obliged to buy the land if its value
is considerably more than that of
the building or trees
(4) May demand from the
landowner the value of the
materials and labor (NCC, Art
455).
Options:
(1) Collect value of material
primarily from Builder Planter or
Sower and subsidiarily to
landowner if Builder Planter or
Sower is insolvent (NCC, Art.
455); and
(2) Limited right of removal (if
the removal will not cause any
injury) (NCC, Art. 447).

6. Land Owner Builder, Planter, Sower Owner of Materials
Good faith Good faith Bad faith
Options:
(1) Right to acquire improvements
and pay indemnity to Builder
Planter or Sower; NOT
subsidiarily liable to Owner
Materials;nPay also the useful
expenses which could either be:
Original costs of improvements; or
Increase in the value of the
whole (NCC, Art. 546)
(2) Sell the land to Builder &
Planter except if the value of the
land is considerably more; or
(3) Rent to Sower.
(4) Pay for expenses in Art. 443
NCC (with respect to P and S)
Options:
(1) Right of retention until
necessary and useful expenses
are paid (NCC, Art. 546).
(2) Has no indemnity to Owner of
Materials and collect damages
from him.
(3) Buys rents it, Builder or
Planter cannot be obliged to buy
the land if its value is considerably
more than that of the building or
trees. (Art. 448 NCC).
(1) Lose the material without
right to indemnity (NCC, Art. 449).
(2) Must pay for damages to
Builder Planter & Sower (NCC,
Art. 451 by Analogy)

7. Land Owner Builder, Planter, Sower Owner of Materials
Good faith Bad faith Bad faith
(1) Landowner has right to collect
damages from Builder, Planter or
Sower in any case and the option
to either (a) Acquire
improvements w/o paying for
indemnity (NCC, Art. 445 & 449);
(b) Demolition or restoration
(NCC, Art. 450); or (c) Sell to
Builder or Planter, or to rent to
Sower (NCC, Art. 450)
(2) Pay necessary expenses to
Builder, Planter or Sower for the
preservation of land (NCC, Art.
452).
(3) Has right to demand damages
from both (NCC, Art. 451)
(1) Recover necessary expenses
for preservation of land from
landowner unless landowner sells
land. (NCC, Art. 452)
(2) Lose improvements without
right to be indemnified unless the
landowner sells the land (NCC,
Art. 449)
(3) Pay the value of the materials
to the owner of the materials
(4) Pay damages to land owner
(NCC, Art. 451)
(1) Recover value from Builder,
Planter or Sower (as if both are in
good faith)
(2) If Builder, Planter or Sower
acquires improvement, remove
materials if feasible w/o injury
(NCC, Art. 447)
(3) No action against
landowner but he loses all rights
to be indemnified and may be
liable to landowner for
consequential damages (NCC,
Art. 451)

8. Land Owner Builder, Planter,
Sower
Owner of Materials
Same as when all acted in good faith under
Article 453 NCC

9. Land Owner Builder, Planter, Sower Owner of Materials
Bad faith Good faith Bad faith
(1) Acquire improvement after
paying indemnity and damages to
Builder, Planter or Sower unless
the latter decides to remove.
(NCC, Art. 454, 447 & 443)
(2) Subsidiarily liable to Owner of
Materials for value of materials if
he acquires Builder, Planter or
Sower and damages; no
subsidiary liability if Builder,
Planter or Sower chooses
removal in any event.
(3) Cannot compel builder, planter
and sower to buy land
(1) May remove improvements.
(NCC, Articles 454 & 447)
(2) Be indemnified for damages in
any event (NCC, Art. 447)
(3) Pay Owner of Materials the
value of the materials
(4) He may demand from the
landowner the value of the
materials and labor (NCC, Art
455)
(1) Remove materials at any
event (NCC, Art. 447)
(2) Collect value of materials from
Builder, Planter or Sower;
subsidiarily from landowner, if
landowner is made to pay for
Builder, Planter or Sower and
damages (NCC, Art. 455)

10. Land Owner Builder, Planter, Sower Owner of Materials
Bad faith Bad faith Good faith
(1) The owner of the land shall answer
subsidiarily for their value and only in
the event that the one who made use
of them has no property with which to
pay (NCC,
Art. 455)
(2) Land Owner can either: (NCC, Art.
448) Acquire improvements after
paying indemnity for: Necessary
expenses, & Useful expenses
(3) Land Owner may sell the land to
builder and planter or collect rent from
sower unless the value of the land is
considerably greater than the building
etc., in which case, the builder and
planter shall pay rent. (NCC, Art. 448)
(1) Acquires the improvement,
Builder, Planter, or Sower may
demand from the landowner the
value of the materials and labor
(NCC, Art 455).
(2) Sells or rents it, Builder or
Planter cannot be obliged to buy
the land if its value is
considerably more than that of
the building or trees.
(1) Collect value of materials
primarily from builder, planter,
sower, subsidiarily from land
owner (NCC, Art. 455); or
(2) Remove the materials in any
event, with a right to be indemnified
for damages (NCC, Art. 447).

11. Land Owner Builder, Planter, Sower Owner of Materials
Good faith Bad faith Good faith
(1) Right to acquire improvements
w/out paying indemnity to Builder,
Planter or Sower; subsidiarily
liable to Owner of Materials (for
the value of materials only);
(NCC, Art. 445 & 449)
(2) Sell the land to Builder or
Planter except if the value of the
land is considerably more; (NCC,
Art. 450)
(3) Rent to Sower
(4) Order the demolition of work
or restoration to former condition
and collect damages in both
cases (NCC, Art. 450)
(1) No right of retention. Lose
improvements without right to be
indemnified unless the landowner
sells the land (NCC, Art. 449)
(2) Pay value of materials to
Owner of Materials and pay him
damages. (NCC, Art. 455)
(3) Recover necessary expenses
for preservation of land without
the right to retain the thing until
the indemnity is paid (NCC, Art.
452 & 546);
(4) Pay damages to land owner
(NCC, Art. 451).
(1) Collect value of materials
primarily from Builder, Planter &
Sower and subsidiarily from
landowner, if landowner acquires
the Builder, Planter & Sower.
(NCC, Art. 455)
(2) Collect damages from Builder,
Planter & Sower.
(3) Absolute right to remove
materials in any event.

12. Distinctions Between Alluvium and Avulsion
Alluvium Avulsion
(1) the deposit of the soil
here is gradual.
(1) sudden or abrupt
process may be seen.
(2) soil cannot be
identified.
(2) identifiable or
verifiable.
(3) belongs to owner of
property to which it is
attached.
(3) belongs to owner from
whose property it was
detached.

13. RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY
Adjunction Mixture Specification
It is the process by virture of which
two movable things belonging to
different owners are united in such a
way that they form a single object.
is the combination or union of
materials where the respective
identities of the component elements
are lost.
is the giving of a new form to
another’s material thru the
application of labor.
Adjunction may be done:
(a) in good faith;
(b) or in bad faith.
Rules for Mixture
Good Faith = Co-Ownership
Bad Faith = he loses his material
and is liable for damages.
Mutual Bad Faith = Good Faith
Rules
Good Faith = appropriates new thing; but
must indemnify for the materials
Bad Faith = appropriate the work without
paying for the
labor; or demand indemnity for the material
plus damages
Another name: conjunction Another name: commixtion or
confusion
specificatio
Kinds of Adjunction:
(a) inclusion
(b) soldering
(c) escritura
(d) pintura
(e) weaving
Kinds of Mixture
(a) COMMIXTION (isolids)
(b) CONFUSION (liquids)
Samples:
(a) baking a cake with the flour of
another.
(b) using the paint of another to
make a painting on your own
canvas.

14. ‘Specification’ Distinguished from ‘Mixture’ and
‘Adjunction
Adjunction Mixture Specification
involves at least two
thingd
involves at least two
things
may involve only one
thing (may be more)
but form is changed
as a rule, accessory
follows principal
as a rule, co-
ownership results
as a rule, accessory
follows principal
the things joined
retain their nature
the things mixed or
confused may either
retain or lose their
respective natures
the new object retains
or preserves the
nature of the original
object