CIVIL LAW: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Topic: Attributes of Ownership

Ownership, under Philippine civil law, is one of the most fundamental concepts governing property relations. It is defined and regulated by the Civil Code of the Philippines, which provides a comprehensive framework for the rights, attributes, and limitations of ownership. Below is a meticulous examination of the attributes of ownership, based on the provisions of the Civil Code and related jurisprudence.

1. Definition of Ownership

Ownership is the juridical relationship by virtue of which a thing belongs to a person, enabling the latter to exercise over it all the rights of enjoyment, use, and disposition, to the exclusion of others. It encompasses the bundle of rights vested in the owner, which includes possession, enjoyment, and disposal of property.

Legal Basis:

Article 427, Civil Code: "Ownership may be exercised over things or rights."

2. Attributes of Ownership

a. Jus Possidendi (Right to Possess)

The owner has the right to possess the property, which includes the right to occupy or physically control the property, either personally or through another person.

Possession in law: The mere holding or enjoyment of a thing in the concept of an owner.
Possession in fact: Actual physical control of the property.

Ownership includes the presumption that the possessor of a property is also its owner unless proven otherwise.

Relevant Provisions:

Article 428, Civil Code: "The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law."

b. Jus Utendi (Right to Use)

This right allows the owner to use and derive utility from the property. It includes actions necessary to make full use of the property according to its nature and purpose.

Illustration:

An owner of a piece of land may construct a building on it, grow crops, or establish a business.

c. Jus Fruendi (Right to the Fruits)

The owner has the right to the fruits or income generated by the property. These include natural fruits (e.g., crops), industrial fruits (e.g., manufactured goods), and civil fruits (e.g., rent or interest).

Relevant Provisions:

Article 441, Civil Code: "To the owner belongs the natural, industrial, and civil fruits."

d. Jus Disponendi (Right to Dispose)

This is the right to transfer ownership or alienate the property. The owner may sell, donate, exchange, or mortgage the property at will, subject to the requirements of law.

Ownership includes the power to extinguish one’s rights over the property by transferring it to another party.
Limitations on disposal may arise from statutory prohibitions (e.g., restrictions on alienation of agricultural land).

Relevant Jurisprudence:

Republic v. Register of Deeds of Quezon City (2020): The Supreme Court clarified that restrictions on alienation must comply with constitutional and statutory provisions to be enforceable.

e. Jus Abutendi (Right to Abuse or Consume)

The owner has the right to consume or even destroy the property, provided it does not violate laws, regulations, or the rights of others.

Illustration:

An owner may cut down trees on his property, destroy an old structure, or discard personal items.

f. Jus Vindicandi (Right to Recover)

The owner has the right to recover the property from anyone unlawfully withholding it. This attribute reinforces the exclusivity of ownership.

Legal Basis:

Article 434, Civil Code: "In an action to recover, the owner must prove ownership of the thing and identify it."

g. Exclusivity of Ownership

Ownership includes the right to exclude others from interfering with the property. Any unauthorized use, occupation, or interference by others constitutes a violation of ownership rights.

Illustration:

Trespassing on land or unauthorized use of movable property violates the owner’s rights.

3. Limitations on Ownership

While ownership confers a broad array of rights, it is not absolute. The following are some key limitations imposed by law and jurisprudence:

a. Legal Restrictions

Police Power: Ownership must yield to lawful regulations imposed for public welfare (e.g., zoning ordinances, building codes).
Eminent Domain: The State may expropriate property for public use upon payment of just compensation.
Taxation: Owners are subject to property taxes.

b. Rights of Others

Ownership is subject to servitudes, easements, and other real rights established by law or contract (e.g., right of way).

c. Abuse of Rights Doctrine

Ownership cannot be exercised in a manner that prejudices others or is contrary to public order or morals.

4. Modes of Acquiring Ownership

Ownership may be acquired by:

Original Modes: Occupation, intellectual creation.
Derivative Modes: Succession, donation, purchase, prescription, or other juridical acts transferring ownership.

5. Extinction of Ownership

Ownership may be extinguished by:

Voluntary Acts: Sale, donation, abandonment.
Involuntary Acts: Expropriation, judicial forfeiture.
Operation of Law: Prescription in favor of another.

Conclusion

Ownership, as regulated by the Civil Code of the Philippines, is a comprehensive bundle of rights that empowers the owner to possess, use, enjoy, dispose of, and vindicate property. However, these rights are tempered by social justice, public welfare, and the limitations established by law.