Limitations upon the Right of Ownership

chainlink-690503_1280Limitations upon the right of ownership:

  • General limitation imposed by the State in the exercise of its inherent powers.
  • Limitations imposed by specific provisions of the law;
  • Limitations imposed by the transferor of the property;
  • Limitations imposed by the owner himself; and
  • Limitations inherent in the property.

A. GENERAL LIMITATIONS imposed by the State for its benefit is through its three inherent powers:

  1. Police power refers to the right of the State to enact laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people. It is also imposed towards one’s personal liberty or property to promote the general welfare. It may be through an imposition of restraint upon liberty or property for the purpose of promoting the common good.
  1. Eminent domain refers to the power of the State to take private property for public use upon payment of just compensation. It is expressly provided in the New Civil Code that:
Art. 435. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. 
Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. (349a)
  1. Taxation refers to the power of the State to impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharge its appropriate functions.

B. LIMITATION IMPOSED BY LAW such as legal easement, zoning regulations, building code, rent control, urban and agrarian reform, subdivision regulations, escheat.

C. LIMITATION IMPOSED BY THE OWNER HIMSELF such as voluntary servitudes, mortgages, pledges, lease and deed of restrictions.

D. LIMITATION IMPOSED BY THE TRANSFEROR OF THE PROPERTY such as donation, usufruct.

E. INHERENT LIMITATION example Co-ownership.

References:

Mun. of Pasay v. Manaois, et al., L-3485, June 30, 1950

Tolentino, A. (2002). Commentaries and Jurisprudences on the Civil Code of the Philippines. Quezon City: Central Lawbook Publishing Co., Inc.

The New Civil Code of the Philippines

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