CIVIL LAW: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Rights of Accession (Accession Continua and Accession Discreta)

The doctrine of accession is an inherent right of the owner of a thing to everything produced by such thing, and to everything that is united or incorporated therein, either naturally or artificially. It is based on the principle that accessory follows the principal.

Legal Basis

Civil Code of the Philippines: Articles 440–465 govern the general provisions and specific kinds of accession.

KINDS OF ACCESSION

Accession is divided into two main categories:

Accession Continua (Pertaining to Movable or Immovable Property)
- Deals with additions or improvements on a property through either natural or artificial means.
Accession Discreta (Pertaining to Natural Fruits, Industrial Fruits, and Civil Fruits)
- Deals with the products or yields derived from a property.

I. Accession Continua

This refers to the union or incorporation of a thing with another, creating a new inseparable whole. It is further divided into immovables and movables.

A. Accession Continua in Immovables

Applies when additions or improvements are made to real property, either by natural or human intervention.

Alluvium (Article 457)
- The gradual and imperceptible deposit of soil on the banks of rivers, which belongs to the owner of the riparian land.
Avulsion (Article 459)
- A sudden or violent transfer of soil from one estate to another caused by natural phenomena (e.g., flood or earthquake). The original owner retains the right to reclaim it within two years.
Change of Riverbed (Articles 461–462)
- If a river changes its course, the owners of the affected lands retain ownership of the area abandoned by the riverbed.
- When a river dries up, the owners of adjoining lands divide the abandoned bed among themselves.
Formation of Islands (Article 465)
- Islands formed in non-navigable and non-floatable rivers belong to the riparian owners. In navigable rivers, the islands belong to the State.
Right of Builders, Planters, and Sowers (Articles 447–456)
Governed by the principle that a builder, planter, or sower who improves real property owned by another is subject to rules that vary based on:
- Good Faith: Compensation or reimbursement for improvements made.
- Bad Faith: The builder, planter, or sower may be required to remove their work without indemnity or forfeit the value of the improvements.

B. Accession Continua in Movables

Occurs when two movable properties are incorporated to form one whole. The rights depend on whether the accession is by adjunction, commixture, or specification.

Adjunction or Conjunction (Article 466)
- When one thing is united to another, forming one whole while retaining its distinct nature. Ownership rules:
  - Principal Thing: Determined by value, volume, or function.
  - The owner of the principal thing acquires the accessory but may owe indemnity to the owner of the accessory.
Commixture or Confusion (Article 467)
- When substances are mixed, losing their individual identities.
- Rules depend on:
  - Mutual Consent: Co-ownership results.
  - Without Consent: Ownership rights are determined based on the dominant material.
Specification (Article 469)
- When a new object is created using materials belonging to another person. Ownership is determined as follows:
  - If the material value exceeds labor: Owner of the material owns the new object.
  - If labor value exceeds material: Maker acquires the new object but owes indemnity.

II. Accession Discreta (Fruits of Property)

Fruits are things produced by or derived from a property. They may be:

Natural Fruits (Article 442)
- Spontaneous products of the soil, such as plants, and the products of animals, such as milk, wool, or offspring.
Industrial Fruits (Article 442)
- Result of cultivation or human labor, such as crops and other agricultural products.
Civil Fruits (Article 443)
- Derive from juridical relations, such as rent, lease payments, and interest from loans.

Rules on Division of Fruits

Pending Fruits (Article 443): If ownership changes while fruits are pending, the fruits are proportionally divided based on ownership periods.
Good Faith Possessor (Article 443): Entitled to all fruits gathered before eviction and to reimbursement for necessary expenses.
Bad Faith Possessor: Must return all gathered fruits and may owe damages.

NOTES ON ACCESSION RIGHTS

Accession rights are accessory to ownership and may be limited by agreements or legal prohibitions.
Possessors in good faith are entitled to benefits, while those in bad faith may be penalized under the Civil Code provisions.

APPLICATIONS

Accession finds practical application in resolving disputes over:

Land boundaries (e.g., disputes involving alluvial deposits or avulsion).
Improvements on leased or co-owned properties.
Ownership of new objects created from combined movables.

JURISPRUDENCE

The Supreme Court of the Philippines has consistently upheld the principles of accession, with particular emphasis on fairness in cases involving builders, planters, or sowers in good or bad faith. Examples include:

Heirs of Malabanan v. Republic: Clarified the concept of public domain land in cases involving alluvium.
Ordinario v. Eugenio: Emphasized the right of good faith possessors to reimbursement for improvements.

Mastery of these provisions ensures clarity and equity in disputes arising from ownership rights and property modifications.