The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. (506). Those who by their fault may have caused the damage shall be liable for the expenses. Art. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. 691. 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 Article 546 and in Article 443. 485. If the usufructuary shares with the owner the insurance of the tenement given in usufruct, the former shall, in case of loss, continue in the enjoyment of the new building, should one be constructed, or shall receive the interest on the insurance indemnity if the owner does not wish to rebuild. 521. Art. (507). (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. (575), Art. (363a), Art. 528. He cannot complain of the reasonable requirements of aerial navigation. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit. The former are called legal and the latter voluntary easements. Art. (422), Art. (491), Art. 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. 587. 586. 423. (503), Art. (372a), Art. 516. Art. 461. Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. 703. 490. It may also be constituted on a right, provided it is not strictly personal or intransmissible. The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window, if it is through a party wall; or, (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. With respect to animals, it is sufficient that they are in the womb of the mother, although unborn. Ditches or drains opened between two estates are also presumed as common to both, if there is no title or sign showing the contrary. 594. 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. They comprise: 1. 429. (393a), Art. 475. Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character. If a 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. (458), Art. 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. (501). The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct. Partition may be made by agreement between the parties or by judicial proceedings. Any stipulation or testamentary provision allowing excavations that cause danger to an adjacent land or building shall be void. 617. 436. (1) Land, buildings, roads and constructions of all kinds adhered to the soil; (2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; (3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; (7) Fertilizer actually used on a piece of land; (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; (9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; (10) Contracts for public works, and servitudes and other real rights over immovable property. Nevertheless, any owner may exempt himself from contributing to this charge by renouncing his part-ownership, except when the party wall supports a building belonging to him. Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an adjoining property, the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in Article 671. Such action requires only a preponderance of evidence. (566a). (574). There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription. Any proprietor intending to make any excavation contemplated in the three preceding articles shall notify all owners of adjacent lands. Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things. : All Rights Reserved ReDiaz www.chanrobles.com.ph. A usufruct granted for the time that may elapse before a third person attains a certain age, shall subsist for the number of years specified, even if the third person should die before the period expires, unless such usufruct has been expressly granted only in consideration of the existence of such person. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. 606. 496. (504). 513. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. (5) Hinders or impairs the use of property. (433a), Art. Without prejudice to rights legally acquired, the animal path shall not exceed in any case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters. (560), Art. G.R. 463. Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others. 615. (562), Art. (432). 13 Replies. Article 681 of the Civil Code of the Philippines states that fruits naturally falling upon adjacent land belong to the owner of said land. (459). Art. 664. Code civil > Section 2 : Comment s'établissent les servitudes (Articles 690 à 696) > Article 694 (463). A possessor in good faith is entitled to the fruits received before the possession is legally interrupted. 486. (576). The possession of movable property acquired in good faith is equivalent to a title. 414-773 (property) Philippines , Edgardo Lardizábal Paras Snippet view - 1981 Civil Code of the Philippines Annotated, Volume 4 Art. Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. 536. In the case of the preceding article, if it is the land of the grantor that becomes isolated, he may demand a right of way after paying a indemnity. (568a), Art. The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut off or uprooted by accident, under the obligation to replace them with new plants. (n). 557. (570a). August 20, 2017 ARTICLE 29 When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. Note: Photo taken from Reddit. 636. 469. (483a), Art. 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