Ownership of Property

What does it mean when you own a property?

Ownership means exclusivity, enjoyment, and control. It means that you have an independent right of exclusive enjoyment and control of a thing to derive therefrom all advantages required by the reasonable needs of the owner and the promotion of the general welfare but subject to the restrictions imposed by law and the rights of others. (Reyes and Purto)

Remember that ownership is not absolute. It is subject to limitations imposed by law and public policy.

What are the rights that go along with the right of ownership?

1. Right to enjoy
2. Right to dispose
3. Right to vindicate
4. To exclude any person
5. To enclose or fence his land
6. To just compensation in case of eminent domain
7. To construct any works
8. To the ownership of all or part of hidden treasures found
9. To the ownership of all accessions to his property

What is the extent of ownership of the owner of a parcel of land?

A person owns its surface and everything under it. He can make excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. He cannot complain about the reasonable requirements for aerial navigation. (Art. 437, NCC)

Right over hidden treasures

Hence, an owner of the land has a right over the hidden treasures beneath it. Hidden treasure means any unknown deposit of money, jewelry, or other precious objects the lawful ownership of which does not appear. (Ar.t 439)

If the discoverer is the owner of the land, building or other property, there are 3 requirements:

a. It must be hidden. If you simply saw a chest of jewelry and money at the backyard of your house, it is not a hidden treasure. You must return it to the owner or to local authorities.

“Having obtained possession of Word’s lost money, Pante had the opportunity and the obligation to return the lost property to its rightful owner or to the local authorities, but he unjustifiably refrained from doing so. Assuming for the sake of argument that he did not know that the money belonged to Word, Pante would still be held liable for Theft for failing to return the amount. This is because the RPC does not require that the thief must know the owner of the lost property.”

Pante vs. People

b. The treasurer must be unknown. If you saw someone’s land and found out that there is a treasurer under it, and you bought it, then that treasure is no longer a hidden treasure. If the previous owner knows about it, he can file a complaint and the treasure shall be his.

c. The lawful owner must be unknown. If you discovered a box of jewelry under the floor of your basement and there is a name of your auntie engraved in it, it is not a hidden treasure. If you appropriate it, you commit the crime of theft.

If the founder of a hidden treasure in a land of another or of the State, he will own half of the hidden treasure as long as he is a stranger with the following requisites present:

1. The treasure must consist of money, jewelry, or other precious objects;
2. The treasure must be hidden and unknown;
3. The lawful ownership must be unknown;
4. The discovery must be by chance;
5. The discovery must be made by a stranger or someone who is not the owner but has the authority of the owner, and not a trespasser.

What establishes a disputable presumption of ownership?

A person who is in actual possession of a property coupled with a claim of ownership over such property enjoys a disputable presumption of ownership over such property. In case someone objects to his possession, the objector may only resort to the courts or invoke the aid of the court should the holder refuse to deliver the thing. The objector cannot validly use force or intimidation. (Art. 433, 536 of NCC)

What if you saw your property in the hands of another person?

For example, what if you have a motorcycle and one day you lost it for an unknown reason. One month later, you saw it in the possession of your neighbor without your knowledge and permission. In this case, you must not put the law in your hands to recover it. You cannot simply grab the motorcycle from that person’s possession. You may be killed if the amount of such defense is necessary to repel your attack. You need to file an action in the barangay or in the court to settle the issue.