Philippines Real Estate Ownership, in General

Excerpted from Civil Law, Vol. 2 by Justice Jose Vitug, pp. 12-16.

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The owner may not, however, use his property in a manner that may injure the rights of others (Art. 431, Civil Code). An owner is liable for injury or damage caused by structures built on his property that cannot withstand usual and expected forces of nature (Andama vs. Intermediate Appellate Court, G.R. No. 74761, 6 November 1990). Neither may the interference of another be prohibited if such interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater (doctrine of incomplete privilege), but the latter may demand indemnity for his damage (Art. 432, Civil Code). Property may be acquired for public use by competent authority (eminent domain) but always upon payment of just compensation (Art. 435, Civil Code), but when it is condemned or seized by competent authority in the interest of health, safety or security (police power), no such compensation is due (Art. 436, Civil Code).

When the owner is unlawfully deprived of his possession, he has ample remedies to seek its recovery, such as by accion reinvindicatoria (recovery of ownership), and accion interdictal (unlawful detainer or forcible entry), including the applicable ancillary remedies appurtenant thereto (see Emilia vs. Bado, 23 SCRA 183). It is settled that ownership and possession are two entirely different legal concepts. Just as possession is not a definite proof of ownership, neither is non-possession inconsistent with ownership (Sabio vs. International Corporate Bank, G.R. No. 132709, 4 September 2001, 154 SCAD 377).

The right of ownership of land extends to its surface and to everything under it, subject to the application of the Regalian Doctrine (also known as the Domainial Doctrine) over minerals and waters and reasonable requirements of aerial navigation (Arts. 437 and 519, Civil Code, see P.D. 1067, otherwise known as the Water Code; see also Art. XII, 1987 Constitution).

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