Art. 414.

All things which are or may be (8) Mines, quarries, and slag dumps,
the object of appropriation are while the matter thereof forms part of
considered either: the bed, and waters either running or
(1) Immovable or real property; or stagnant;
(2) Movable or personal property. (9) Docks and structures which, though
Art. 415. The following are immovable floating, are intended by their nature
property: and object to remain at a fixed place on
(1) Land, buildings, roads and a river, lake, or coast;
constructions of all kinds adhered to the (10) Contracts for public works, and
soil; servitudes and other real rights over
(2) Trees, plants, and growing fruits, immovable property.
while they are attached to the land or
form an integral part of an immovable; Art. 416. The following things are
(3) Everything attached to an deemed to be personal property:
immovable in a fixed manner, in such a (1) Those movables susceptible of
way that it cannot be separated appropriation which are not included in
therefrom without breaking the material the preceding article;
or deterioration of the object; (2) Real property which by any special
(4) Statues, reliefs, paintings or other provision of law is considered as
objects for use or ornamentation, personal property;
placed in buildings or on lands by the (3) Forces of nature which are brought
owner of the immovable in such a under control by science; and
manner that it reveals the intention to (4) In general, all things which can be
attach them permanently to the transported from place to place without
tenements; impairment of the real property to which
(5) Machinery, receptacles, instruments they are fixed.
or implements intended by the owner of
the tenement for an industry or works Art. 417. The following are also
which may be carried on in a building or considered as personal property:
on a piece of land, and which tend (1) Obligations and actions which have
directly to meet the needs of the said for their object movables or
industry or works; demandable sums; and
(6) Animal houses, pigeon-houses, (2) Shares of stock of agricultural,
beehives, fish ponds or breeding places commercial and industrial entities,
of similar nature, in case their owner although they may have real estate.
has placed them or preserves them
with the intention to have them Art. 418. Movable property is either
permanently attached to the land, and consumable or nonconsumable. To the
forming a permanent part of it; the first class belong those movables which
animals in these places are included; cannot be used in a manner
(7) Fertilizer actually used on a piece of appropriate to their nature without their
land;
being consumed; to the second class
belong all the others. All other property possessed by any of
them is patrimonial and shall be
Art. 419. Property is either of public governed by this Code, without
dominion or of private ownership. prejudice to the provisions of special
laws.
Art. 420. The following things are
property of public dominion: Art. 425. Property of private ownership,
besides the patrimonial property of the
(1) Those intended for public use, such State, provinces, cities, and
as roads, canals, rivers, torrents, ports municipalities, consists of all property
and bridges constructed by the State, belonging to private persons, either
banks, shores, roadsteads, and others individually or collectively. (345a)
of similar character;
(2) Those which belong to the State, Art. 426. Whenever by provision of the
without being for public use, and are law, or an individual declaration, the
intended for some public service or for expression "immovable things or
the development of the national wealth. property," or "movable things or
property," is used, it shall be deemed to
Art. 421. All other property of the State, include, respectively, the things
which is not of the character stated in enumerated in Chapter 1 and Chapter
the preceding article, is patrimonial 2.
property. Whenever the word "muebles," or
"furniture," is used alone, it shall not be
Art. 422. Property of public dominion, deemed to include money, credits,
when no longer intended for public use commercial securities, stocks and
or for public service, shall form part of bonds, jewelry, scientific or artistic
the patrimonial property of the State. collections, books, medals, arms,
clothing, horses or carriages and their
Art. 423. The property of provinces, accessories, grains, liquids and
cities, and municipalities is divided into merchandise, or other things which do
property for public use and patrimonial not have as their principal object the
property. furnishing or ornamenting of a building,
except where from the context of the
Art. 424. Property for public use, in the law, or the individual declaration, the
provinces, cities, and municipalities, contrary clearly appears.
consist of the provincial roads, city
streets, municipal streets, the squares, Art. 427. Ownership may be exercised
fountains, public waters, promenades, over things or rights.
and public works for public service paid
for by said provinces, cities, or Art. 428. The owner has the right to
municipalities. enjoy and dispose of a thing, without
other limitations than those established owner must resort to judicial process for
by law. the recovery of the property.

The owner has also a right of action Art. 434. In an action to recover, the
against the holder and possessor of the property must be identified, and the
thing in order to recover it. plaintiff must rely on the strength of his
title and not on the weakness of the
Art. 429. The owner or lawful possessor defendant's claim.
of a thing has the right to exclude any
person from the enjoyment and Art. 435. No person shall be deprived of
disposal thereof. For this purpose, he his property except by competent
may use such force as may be authority and for public use and always
reasonably necessary to repel or upon payment of just compensation.
prevent an actual or threatened
unlawful physical invasion or usurpation Should this requirement be not first
of his property. complied with, the courts shall protect
and, in a proper case, restore the
Art. 430. Every owner may enclose or owner in his possession.
fence his land or tenements by means
of walls, ditches, live or dead hedges, Art. 436. When any property is
or by any other means without condemned or seized by competent
detriment to servitudes constituted authority in the interest of health, safety
thereon. or security, the owner thereof shall not
Art. 431. The owner of a thing cannot be entitled to compensation, unless he
make use thereof in such manner as to can show that such condemnation or
injure the rights of a third person. seizure is unjustified.

Art. 432. The owner of a thing has no Art. 437. The owner of a parcel of land
right to prohibit the interference of is the owner of its surface and of
another with the same, if the everything under it, and he can
interference is necessary to avert an construct thereon any works or make
imminent danger and the threatened any plantations and excavations which
damage, compared to the damage he may deem proper, without detriment
arising to the owner from the to servitudes and subject to special
interference, is much greater. The laws and ordinances. He cannot
owner may demand from the person complain of the reasonable
benefited indemnity for the damage to requirements of aerial navigation.
him.
Art. 438. Hidden treasure belongs to
Art. 433. Actual possession under claim the owner of the land, building, or other
of ownership raises disputable property on which it is found.
presumption of ownership. The true
Nevertheless, when the discovery is Industrial fruits are those produced by
made on the property of another, or of lands of any kind through cultivation or
the State or any of its subdivisions, and labor.
by chance, one-half thereof shall be
allowed to the finder. If the finder is a Civil fruits are the rents of buildings, the
trespasser, he shall not be entitled to price of leases of lands and other
any share of the treasure. property and the amount of perpetual or
life annuities or other similar income.
If the things found be of interest to
science of the arts, the State may Art. 443. He who receives the fruits has
acquire them at their just price, which the obligation to pay the expenses
shall be divided in conformity with the made by a third person in their
rule stated. production, gathering, and preservation.

Art. 439. By treasure is understood, for Art. 444. Only such as are manifest or
legal purposes, any hidden and born are considered as natural or
unknown deposit of money, jewelry, or industrial fruits.
other precious objects, the lawful
ownership of which does not appear. With respect to animals, it is sufficient
that they are in the womb of the mother,
Art. 440. The ownership of property although unborn.
gives the right by accession to
everything which is produced thereby, SECTION 2. - Right of Accession with
or which is incorporated or attached Respect
thereto, either naturally or artificially. to Immovable Property

SECTION 1. - Right of Accession with Art. 445. Whatever is built, planted or

Respect to sown on the land of another and the
What is Produced by Property improvements or repairs made thereon,
belong to the owner of the land, subject
Art. 441. To the owner belongs: to the provisions of the following
(1) The natural fruits; articles.

(2) The industrial fruits; Art. 446. All works, sowing, and
planting are presumed made by the
(3) The civil fruits. owner and at his expense, unless the
contrary is proved.
Art. 442. Natural fruits are the
spontaneous products of the soil, and Art. 447. The owner of the land who
the young and other products of makes thereon, personally or through
animals. another, plantings, constructions or
works with the materials of another,
shall pay their value; and, if he acted in demolition of the work, or that the
bad faith, he shall also be obliged to the planting or sowing be removed, in order
reparation of damages. The owner of to replace things in their former
the materials shall have the right to condition at the expense of the person
remove them only in case he can do so who built, planted or sowed; or he may
without injury to the work constructed, compel the builder or planter to pay the
or without the plantings, constructions price of the land, and the sower the
or works being destroyed. However, if proper rent.
the landowner acted in bad faith, the
owner of the materials may remove Art. 451. In the cases of the two
them in any event, with a right to be preceding articles, the landowner is
indemnified for damages. entitled to damages from the builder,
planter or sower.
Art. 448. The owner of the land on
which anything has been built, sown or Art. 452. The builder, planter or sower
planted in good faith, shall have the in bad faith is entitled to reimbursement
right to appropriate as his own the for the necessary expenses of
works, sowing or planting, after preservation of the land.
payment of the indemnity provided for
in Articles 546 and 548, or to oblige the Art. 453. If there was bad faith, not only
one who built or planted to pay the on the part of the person who built,
price of the land, and the one who planted or sowed on the land of
sowed, the proper rent. However, the another, but also on the part of the
builder or planter cannot be obliged to owner of such land, the rights of one
buy the land if its value is considerably and the other shall be the same as
more than that of the building or trees. though both had acted in good faith.
In such case, he shall pay reasonable
rent, if the owner of the land does not It is understood that there is bad faith
choose to appropriate the building or on the part of the landowner whenever
trees after proper indemnity. The the act was done with his knowledge
parties shall agree upon the terms of and without opposition on his part.
the lease and in case of disagreement,
the court shall fix the terms thereof. Art. 454. When the landowner acted in
bad faith and the builder, planter or
Art. 449. He who builds, plants or sows sower proceeded in good faith, the
in bad faith on the land of another, provisions of article 447 shall apply.
loses what is built, planted or sown
without right to indemnity. Art. 455. If the materials, plants or
seeds belong to a third person who has
Art. 450. The owner of the land on not acted in bad faith, the owner of the
which anything has been built, planted land shall answer subsidiarily for their
or sown in bad faith may demand the value and only in the event that the one
who made use of them has no property belong to the owner of the land upon
with which to pay. which they may be cast, if the owners
do not claim them within six months. If
This provision shall not apply if the such owners claim them, they shall pay
owner makes use of the right granted the expenses incurred in gathering
by article 450. If the owner of the them or putting them in a safe place.
materials, plants or seeds has been
paid by the builder, planter or sower, Art. 461. River beds which are
the latter may demand from the abandoned through the natural change
landowner the value of the materials in the course of the waters ipso facto
and labor. belong to the owners whose lands are
occupied by the new course in
Art. 456. In the cases regulated in the proportion to the area lost. However,
preceding articles, good faith does not the owners of the lands adjoining the
necessarily exclude negligence, which old bed shall have the right to acquire
gives right to damages under article the same by paying the value thereof,
2176. which value shall not exceed the value
of the area occupied by the new bed.
Art. 457. To the owners of lands
adjoining the banks of rivers belong the Art. 462. Whenever a river, changing its
accretion which they gradually receive course by natural causes, opens a new
from the effects of the current of the bed through a private estate, this bed
waters. (336) shall become of public dominion.

Art. 458. The owners of estates Art. 463. Whenever the current of a
adjoining ponds or lagoons do not river divides itself into branches, leaving
acquire the land left dry by the natural a piece of land or part thereof isolated,
decrease of the waters, or lose that the owner of the land retains his
inundated by them in extraordinary ownership. He also retains it if a portion
floods. of land is separated from the estate by
the current.
Art. 459. Whenever the current of a
river, creek or torrent segregates from Art. 464. Islands which may be formed
an estate on its bank a known portion of on the seas within the jurisdiction of the
land and transfers it to another estate, Philippines, on lakes, and on navigable
the owner of the land to which the or floatable rivers belong to the State.
segregated portion belonged retains the
ownership of it, provided that he Art. 465. Islands which through
removes the same within two years. successive accumulation of alluvial
deposits are formed in non-navigable
Art. 460. Trees uprooted and carried and non-floatable rivers, belong to the
away by the current of the waters owners of the margins or banks nearest
to each of them, or to the owners of respective owners may demand their
both margins if the island is in the separation.
middle of the river, in which case it shall
be divided longitudinally in halves. If a Nevertheless, in case the thing united
single island thus formed be more for the use, embellishment or perfection
distant from one margin than from the of the other, is much more precious
other, the owner of the nearer margin than the principal thing, the owner of
shall be the sole owner thereof. (373a) the former may demand its separation,
even though the thing to which it has
SECTION 3. - Right of Accession been incorporated may suffer some
with Respect to Movable Property injury.

Art. 466. Whenever two movable things Art. 470. Whenever the owner of the
belonging to different owners are, accessory thing has made the
without bad faith, united in such a way incorporation in bad faith, he shall lose
that they form a single object, the the thing incorporated and shall have
owner of the principal thing acquires the the obligation to indemnify the owner of
accessory, indemnifying the former the principal thing for the damages he
owner thereof for its value. may have suffered.
Art. 467. The principal thing, as
between two things incorporated, is If the one who has acted in bad faith is
deemed to be that to which the other the owner of the principal thing, the
has been united as an ornament, or for owner of the accessory thing shall have
its use or perfection. a right to choose between the former
paying him its value or that the thing
Art. 468. If it cannot be determined by belonging to him be separated, even
the rule given in the preceding article though for this purpose it be necessary
which of the two things incorporated is to destroy the principal thing; and in
the principal one, the thing of the both cases, furthermore, there shall be
greater value shall be so considered, indemnity for damages.
and as between two things of equal
value, that of the greater volume. If either one of the owners has made
the incorporation with the knowledge
In painting and sculpture, writings, and without the objection of the other,
printed matter, engraving and their respective rights shall be
lithographs, the board, metal, stone, determined as though both acted in
canvas, paper or parchment shall be good faith.
deemed the accessory thing.
Art. 471. Whenever the owner of the
Art. 469. Whenever the things united material employed without his consent
can be separated without injury, their has a right to an indemnity, he may
demand that this consist in the delivery
of a thing equal in kind and value, and appropriate the new thing to himself,
in all other respects, to that employed, after first paying indemnity for the value
or else in the price thereof, according to of the work, or demand indemnity for
expert appraisal. the material.

Art. 472. If by the will of their owners If in the making of the thing bad faith
two things of the same or different kinds intervened, the owner of the material
are mixed, or if the mixture occurs by shall have the right to appropriate the
chance, and in the latter case the things work to himself without paying anything
are not separable without injury, each to the maker, or to demand of the latter
owner shall acquire a right proportional that he indemnify him for the value of
to the part belonging to him, bearing in the material and the damages he may
mind the value of the things mixed or have suffered. However, the owner of
confused. the material cannot appropriate the
work in case the value of the latter, for
Art. 473. If by the will of only one artistic or scientific reasons, is
owner, but in good faith, two things of considerably more than that of the
the same or different kinds are mixed or material.
confused, the rights of the owners shall
be determined by the provisions of the Art. 475. In the preceding articles,
preceding article. sentimental value shall be duly
appreciated.
If the one who caused the mixture or
confusion acted in bad faith, he shall
lose the thing belonging to him thus
mixed or confused, besides being
obliged to pay indemnity for the
damages caused to the owner of the
other thing with which his own was
mixed.

Art. 474. One who in good faith

employs the material of another in
whole or in part in order to make a thing
of a different kind, shall appropriate the
thing thus transformed as his own,
indemnifying the owner of the material
for its value.

If the material is more precious than the

transformed thing or is of more value,
its owner may, at his option,