Philippines Real Estate Ownership, in General

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

Read the Legal Basis of this comment.

Ownership is a real right (jus in rem) to enjoy, dispose, exclude and recover (collectively known as the elements of ownership) a thing or right without other limitations than those established by law or the owner himself (see Arts. 427-429, Civil Code). The term has been aptly described as the most comprehensive of all real rights, independent of any other real right, and is transmissible whether totally (e.g., donation) or partially (e.g., lease or usufruct).

Comprising the "right to enjoy" are the right over the fruits (jus fruendi), right to possess (jus possidendi), right to use (jus utendi), and the right to consume or abuse (jus abutendi). The owners may exclude any person from the enjoyment and disposal thereof, and for this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property (doctrine of self-help; see Caisip vs. People, 36 SCRA 17), and may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon (Arts. 429-430, Civil Code).

Continuation - The owner may not, however, use ...

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