CIVIL LAW

IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
B. Ownership
6. Rights of Accession

Definition of Accession

Accession is a mode of acquiring ownership under the Civil Code of the Philippines. It refers to the right of a property owner to everything which is produced by their property, whether naturally or artificially, and to all improvements or augmentations added to it, either naturally or through the act of another. (Art. 440, Civil Code)

Classification of Accession

The rights of accession are categorized into two broad types based on whether they pertain to immovable or movable property:

Accession Discreta (Natural Fruits, Industrial Fruits, and Civil Fruits)
- Concerns the products or fruits generated by a property.
- Includes:
  - Natural fruits: Products of the soil, offspring of animals, and other spontaneous products of the land (Art. 441).
  - Industrial fruits: Those produced by lands of any kind through cultivation or labor (Art. 441).
  - Civil fruits: Revenues derived from property by virtue of a juridical relationship, such as rents, interests, or dividends (Art. 442).
Accession Continua (Improvements, Additions, or Augmentations to Property)
- Relates to physical additions or improvements to the property. It is further divided into:
  - Accession with respect to immovable property:
    - Accession Industrial (Buildings, Plantings, and Sowing) (Arts. 445–455).
    - Accession Natural (Avulsion, Alluvion, Formation of Islands) (Arts. 456–459).
  - Accession with respect to movable property (Adjunction, Mixture, Specification) (Arts. 466–475).

Detailed Rules on Rights of Accession

A. Accession with Respect to Immovable Property

Accession Industrial: Buildings, Plantings, and Sowing
- General Rule: The owner of the land owns whatever is built, planted, or sown on it, subject to specific conditions.
- Rights and Obligations of Parties:
  - Builder, planter, or sower in good faith:
    - They are entitled to reimbursement for necessary and useful expenses (Art. 448).
    - The landowner has the option to appropriate what is built, planted, or sown upon payment of indemnity or to compel the builder, planter, or sower to buy the land if the value of the land is not considerably greater than that of the improvements.
  - Builder, planter, or sower in bad faith:
    - They lose what is built, planted, or sown without right to indemnity and may be required to pay damages (Art. 449).
    - The landowner retains the right to remove the improvements or demand damages (Art. 450).
Accession Natural: Alluvion, Avulsion, Formation of Islands
- Alluvion (Art. 457): The gradual and imperceptible deposit of soil along the banks of rivers belongs to the riparian owner.
- Avulsion (Art. 459): When a portion of land is suddenly detached by a force of water and deposited elsewhere, the owner retains ownership but must reclaim it within two years.
- Formation of Islands (Art. 465):
  - If formed in non-navigable rivers, the owners of adjacent lands own them in proportion to the extent of their riparian property.
  - In navigable rivers, islands belong to the State.

B. Accession with Respect to Movable Property

Adjunction or Conjunction (Arts. 466–469):
- Refers to the union of two movable things owned by different persons in such a way that they form a single object.
- Rules for ownership:
  - Principal vs. Accessory: Ownership is determined by identifying which part is principal and which is accessory.
  - Indemnity: The owner of the accessory part is entitled to compensation if the principal part cannot be detached without damage.
Mixture (Arts. 470–471):
- Happens when the materials of two or more owners are mixed or blended.
- If the mixture is made without the consent of one owner, they retain ownership of their respective portions, unless inseparable.
- If inseparable, the owners become co-owners in proportion to their shares in the mixture.
Specification (Arts. 472–475):
- Occurs when a person transforms another’s material into a new object.
- Rules for determining ownership:
  - If the transformation is done in good faith, the owner of the material may appropriate the object or require indemnity for its value.
  - If done in bad faith, the owner of the material acquires the new object without indemnity, and the transformer may be liable for damages.

Principles Governing Accession

Good Faith vs. Bad Faith:
- Good faith is presumed and entails ignorance of any defect in ownership or lack of authority (Art. 526).
- Bad faith entails knowledge of such defect or authority and results in forfeiture of rights.
Preference to the Owner of the Principal Thing:
- When different properties belonging to various owners are united, the owner of the principal thing generally acquires ownership of the resulting object, subject to indemnity (Art. 467).
Effect of Severability:
- If the improvements or objects can be separated without damage, the parties retain ownership of their respective properties.

Relevant Jurisprudence

Barzaga v. CA (G.R. No. L-41512, October 15, 1986):
- Established the obligations of builders in good faith and landowners regarding indemnity.
Heirs of Navarro v. CA (G.R. No. 131298, August 25, 2005):
- Clarified issues on avulsion and the right to reclaim land detached and deposited elsewhere.
Reyes v. CA (G.R. No. L-27713, June 17, 1988):
- Highlighted the rights of owners of movable property in cases of accession.

Summary

The rights of accession ensure that property owners maintain rights over fruits, products, and improvements related to their property. It is a foundational principle of ownership, balancing the rights of property owners with equitable considerations for builders, planters, sowers, or other contributors. These rules promote fairness and order in property relations, ensuring both owners and contributors are afforded appropriate legal remedies.