JOHN PAUL T. ROMERO

PROPERTY JD 2-1 (MONDAY CLASS)

ANWERS AND DISCUSSION TO POINTS FOR DISCUSSION ON OWNERSHIP:

1. What is the bundle of rights theory? What is Stewardship Principle?

The Bundle of Rights Theory holds that the ownership of real property can be compared to a bundle

of sticks, where each stick represents a distinct and separate right or privilege of ownership. These rights,

which are inherent in the ownership of real property and guaranteed by law, include the right to use real

property, to sell it, to lease it, to mortgage it, to enter it, to give it away, or the right to refuse to exercise

any of these rights. However, legal title to land does not convey the unrestricted exercise of the entire

bundle of rights. These rights and privileges of ownership are limited by four powers of government:

Police Power Power of Expropriation

Power of Taxation Escheat

In addition, private agreements, such as easements, rights of way, and mortgages, may impose

restrictions on ownership or the manner in which ownership can be conveyed. In establishing the value of

property, it is important to ascertain what rights remain with the property since the loss of any of these

rights can affect the value of the property.

While the Principle of Stewardship is recognizing and acknowledging that we are not owners but

caretakers is a foundational principle of stewardship. Everything that has been entrusted to us will be

distributed when we die and we have been given the important responsibility of deciding how that

distribution will happen.

2. What are the different limitations of OWNERSHIP and give examples:

A. Those given by the State or the laws:

The general limitations would be the three inherent power of the state, namely police power,

eminent domain and taxation. These powers are said to exist independently of the constitution and

necessary attributes of sovereignty

Police Power- Building on the verge of collapse which should be demolished for public safety or

and obscene material that shall be destroyed in the interest of public morals.

Eminent Doman- state acquires forcibly private lands for public use upon payment of just

compensation to the owner.

Taxation- imposition of real taxes and other property taxes in favor of the state

Here are some specific limitations imposed by law:

1. Legal Easements which can be enforced by law

2. During a period of acute public want or emergency, thoughtless extravagance in expenses for

pleasure or display may be stopped by order of courts in the instance of any government or

private charitable institutions.

3. Land acquired under free patent and homestead cannot be subject to encumberance or

alienation within five years from the issuance of the patent.

B. Those given by the owner himself:

During the time that he transmits the property to another person and at the time he continues to be the

owner of the property. For example the owner entered into a contract of commodatum wherein he grants

to another the jus utendi over the property during the effectivity of the contract.

C. Those given by the person who gave the right to its present owner:

The right of the owner to impose reasonable restrictions or limitations on the right of ownership may

even affect the property even it has been ceased to belong to the person imposing the limitation subject to

the qualification that such limitation must not be contrary to the nature of ownership and not prohibited

by law. For example a donor or testator, may prohibit partition of the subject property but such

prohibition cannot exceed for 20 years.

4. What, if any, are the differences between State of Necessity and Doctrine of Self-Help?

The Doctrine of self-help is invoked by the owner or lawful possessor in protection of his right to

prevent other persons from interfering with the property, while, the state of necessity is availed of by

another person against someone elses property for the purpose of averting an imminent danger to himself

or to another person or to their property.

5. What is the difference between Eminent Domain and Expropriation?

Expropriation and eminent domain have been interchangeably use. Both has the concept of taking

private property by the government for public use with just compensation. The difference would be that

the expropriation is the governments act to take private properties while eminent domain is the right of

the government to do such act.

6. Is there a difference between Eminent Domain for public use and seizure by the government of

property in the interest of health, public safety and security?

No, there is no difference. Seizure of by the government of properties is the act while eminent

domain is the right to do such act.

7. Are Articles 437 and 438 in conflict with each other or are they consistent with each other? Why?

No they are not in conflict with each other. Article 437 is all about surface right of the land owner

while Article 438 speaks about the Hidden Treasure specifically. Article 438 is an exception of Article

437, since the former article specifically provides only for Hidden treasures.

8. What are the different actions to recover property and discuss briefly?

The following are actions to recover a property:

a. Replevin- Action to recover personal properties

b. Action for Forcible Entry- This is a summary action to recover physical possession of

real property when a person originally in possession was deprived thereof by Force,

Intimidation, Stealth, Threats and Strategy

c. Action for Unlawful Detainer- This is the action that must be brought when

possession by a landlord, vendor, vendee or other person of any land or building is

being unlawfully withheld after the expiration or termination of the right to hold

possession by virtue of any contract.

d. Accion Publiciana- This is the action for the recovery of the better right to possess

e. Accion Reivindicatoria- This is an action to recover ownership over real property.

8. Distinguish between Forcible Entry from Unlawful Detainer and Accion Publiciana from Accion

Reinvidicatoria

Forcible entry is used by person deprived of possession through Force, Intimidation, Strategy, Threat or Stealth

while Unlawful Detainer is used by lessor/person having legal right over property when lessee/person withholding property

refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, 1 year from the

last date of demand to vacate the premises)

Accion Publiciana is a action to recover possession when owner is dispossessed by any other means than the grounds for

instituting a forcible entry and unlawful detainer case while Accion Reinvidicatoria is recovery of dominion of property as

owner; main issue is ownership not merely possession.

*Note Last Question on Doctrine of Self Help and State of Necessity is in NO. 4.