CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > B. OWNERSHIP > 6. RIGHTS OF ACCESSION > A. GENERAL PRINCIPLES

Rights of accession are one of the natural rights inherent in ownership. Under Philippine law, they are governed by Articles 440 to 465 of the Civil Code of the Philippines. Below is a comprehensive discussion of the topic:

1. Definition and Basis of Rights of Accession

Accession refers to the right of an owner of a thing to everything which is produced by it or is incorporated or united with it, either naturally or artificially. It reflects the maxim "accessorium sequitur principale" (the accessory follows the principal).
The right is rooted in the principle that the owner of a thing has dominion not only over the thing itself but also over its products and anything that becomes attached to or incorporated with it.

2. Classification of Rights of Accession

Accession is classified into two broad categories:

Accession Discreta – Accession with respect to products or fruits.
Accession Continua – Accession with respect to improvements, incorporations, or unions with other things.

3. Accession Discreta

This pertains to the right of the owner over the natural, industrial, or civil fruits of their property:

Natural Fruits: Products of the soil, offspring of animals, and other spontaneous products of nature (e.g., fish in ponds or lakes).
Industrial Fruits: Products resulting from human cultivation or labor (e.g., harvested crops, timber from planted trees).
Civil Fruits: Revenues derived from the property by virtue of a juridical relationship (e.g., rent, lease payments, dividends).

Key Rules:

The fruits are considered to belong to the owner of the principal property unless otherwise agreed upon by contract.
In cases where fruits are produced by the property of one person and the labor of another, they shall be divided proportionately.

4. Accession Continua

This deals with the attachment or incorporation of a thing to the principal property. It can be further divided as follows:

A. Accession in Relation to Immovables

Alluvion (Article 457):
- Accession by gradual and imperceptible deposit of soil along the banks of rivers.
- The owner of the riverbank benefits from the alluvial deposit, provided the river is not navigable or for public use.
Avulsion (Article 459):
- Accession by the sudden transfer of soil from one property to another due to natural causes, such as floods.
- Ownership is retained by the original owner if they reclaim it within two years.
Change of River Course (Article 461):
- When a river abandons its natural bed and opens a new one, the former bed belongs to the riparian owners in proportion to the length of their land abutting the old riverbed.
Formation of Islands (Article 465):
- Newly formed islands in rivers not of public use belong to the riparian owners.

B. Accession in Relation to Movables

Union or Mixture (Articles 466-468):
- When two movable properties belonging to different owners are inseparably united, the owner of the principal thing acquires ownership over the accessory thing, subject to indemnity.
- If neither is principal, ownership is shared proportionately based on their value.
Adjunction:
- When two things are joined but can still be separated without substantial damage (e.g., welding parts together), the owner of the principal thing acquires the accessory, with a duty to indemnify.
Specification (Article 469):
- If a person transforms another's material into a new form through labor, ownership may depend on whether the value of labor exceeds the value of the material. Ownership may vest in the material's owner or the worker, subject to indemnity.

5. Rights and Obligations of Owners in Cases of Accession

The general rules governing the rights and obligations of owners in cases of accession are:

Good Faith vs. Bad Faith:
- Good Faith: When the parties involved are unaware of the defect in their ownership or rights.
- Bad Faith: When a party is aware of the defect but proceeds with the act of accession.
Indemnity:
- A party acting in good faith must be indemnified for improvements or fruits they have produced.
- A party in bad faith loses their right to indemnity and may even be required to pay damages.
Right of Retention:
- A possessor in good faith has the right to retain the property until they are reimbursed for necessary and useful expenses incurred.

6. Special Cases

Co-Ownership and Accession:
- Improvements made by one co-owner belong to the co-ownership, but the improver may seek reimbursement for necessary and useful expenses.
Accession and Public Domain:
- Properties belonging to the public domain, such as navigable rivers, lakes, or seas, are governed by special laws and are excluded from private ownership through accession.

7. Remedies in Case of Disputes

Acción reivindicatoria: Action to recover ownership or possession of the property, including improvements or fruits.
Acción publiciana: Action to recover the right to possess property.
Acción interdictal: Summary remedies for recovery of possession.
Indemnification: Actions to recover expenses or damages due to acts of accession performed in bad faith.

Summary

Rights of accession are essential to ownership, ensuring that the owner benefits from the products, fruits, and attachments to their property. The rules balance equity by considering good faith, indemnity, and proportional ownership. Philippine jurisprudence reinforces these principles through the application of Articles 440-465 of the Civil Code, providing clear and equitable resolutions to disputes.