CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > B. Ownership > 6. Rights of Accession > b. Kinds > i. Accession Discreta

Definition of Accession Discreta

Accession Discreta pertains to the natural or industrial fruits produced by a property. It is one of the classifications of accession under the broader concept of ownership in civil law. Specifically, this type of accession involves the right of the owner to the fruits that the property naturally or artificially produces.

Legal Basis

The legal foundation for Accession Discreta is found in Articles 441 to 443 of the Civil Code of the Philippines. These provisions delineate the scope, types, and application of the right of accession in relation to the fruits of a property.

Classification of Fruits under Accession Discreta

Accession Discreta is classified into three types of fruits, which are:

Natural Fruits (Article 442)
- These are products of the soil, the animals, and plants without human intervention.
- Examples:
  - Agricultural products such as rice, corn, and wheat.
  - Fruits from trees like mangoes and coconuts.
  - Offspring of animals like calves or chicks.
Industrial Fruits
- These result from cultivation or human labor applied to land.
- Examples:
  - Sugarcane or other crops requiring systematic planting and harvesting.
  - Orchards and plantations.
Civil Fruits
- These are derived from the use of property through contracts or agreements.
- Examples:
  - Rent from a leased property.
  - Interest on money or dividends on stocks.

Ownership of Fruits

The Civil Code provides specific rules regarding the ownership of fruits:

Ownership of Fruits Belongs to the Owner of the Property (Article 441)
- As a general rule, the fruits naturally or artificially produced by a property belong to its owner unless there is a legal or contractual stipulation to the contrary.
Possessor’s Right to Fruits
- Good Faith Possessor (Article 443):
  - A possessor in good faith is entitled to the fruits of the property gathered before the owner's recovery of possession.
- Bad Faith Possessor (Article 443):
  - A possessor in bad faith has no right to the fruits and must return or account for them to the lawful owner.

Accession Discreta in Relation to Lease Contracts

When property is leased, the civil fruits (e.g., rent) are considered as fruits accruing to the owner of the property. This is a form of accession discreta in the sense that the civil law recognizes rental income as a fruit of the ownership of the leased property.

Obligations Relating to Accession Discreta

Obligation to Deliver Fruits
- If a usufruct is established, the usufructuary has the right to enjoy the natural and industrial fruits, but must preserve the property and return it to the owner upon the termination of the usufruct.
Payment of Expenses
- The owner of the property is responsible for expenses incurred in the production of fruits when relevant, such as irrigation or cultivation costs. However, the possessor in good faith may also be reimbursed for such expenses.

Case Law and Applications

Ownership of Fruits After Termination of Possession
- A possessor in good faith may retain the fruits harvested before the property is returned. However, if the possessor is in bad faith, they must restore both the property and the fruits gathered.
Usufructuary’s Right to Fruits
- The usufructuary is entitled to the fruits during the period of usufruct, provided the property is preserved.
Application to Agricultural Tenancy
- Accession Discreta applies in tenancy relationships, where the landowner retains ownership of the land while the agricultural tenant may have rights to a share of the fruits as stipulated by tenancy agreements.

Key Principles of Accession Discreta

The fruits belong to the owner of the property unless there is a valid reason, by law or contract, to assign them otherwise.
A good faith possessor is entitled to the gathered fruits but must reimburse for any fruits that remain unharvested upon the owner's reclamation of possession.
Expenses for cultivation, harvesting, and improvement are reimbursable under certain conditions.

Conclusion

Accession Discreta is a vital aspect of the civil law provisions on ownership. It underscores the owner's inherent right to benefit from the fruits of their property, while also balancing the rights and obligations of other parties, such as possessors and usufructuaries. Mastery of these principles ensures proper understanding and application of the rules on ownership and its modifications in property law.