Basic principles re accession discreta
The following are doctrines that govern or are applicable to accession discreta.
[1] The time of accrual of fruits depends on their kind.
[1a] In the case of annuals, from the time seedlings appear on the ground;
[1b] In the case of perennials, from the time fruits actually appear on the plants;
[1c] In the case of young of animals, from the time they are in the womb, although unborn – beginning of maximum ordinary period of gestation; and
[1] The time of accrual of fruits depends on their kind.
[1a] In the case of annuals, from the time seedlings appear on the ground;
[1b] In the case of perennials, from the time fruits actually appear on the plants;
[1c] In the case of young of animals, from the time they are in the womb, although unborn – beginning of maximum ordinary period of gestation; and
[1d] In case of fowls, from the time of incubation.
[2] A receiver of fruits has the obligation to pay the expenses incurred by a third person in the production, gathering and preservation (Article 443 of the Civil Code).
[2a] There is an exception. Receiver does not have to pay if fruits are recovered before gathering from a possessor in bad faith. The receiver does not have to pay indemnity to a bad-faith possessor.
[2b] But if recovered after fruits have been gathered, receiver must pay since the fruits have been separated from immovable. Hence, accession principles will not apply.
[2] A receiver of fruits has the obligation to pay the expenses incurred by a third person in the production, gathering and preservation (Article 443 of the Civil Code).
[2a] There is an exception. Receiver does not have to pay if fruits are recovered before gathering from a possessor in bad faith. The receiver does not have to pay indemnity to a bad-faith possessor.
[2b] But if recovered after fruits have been gathered, receiver must pay since the fruits have been separated from immovable. Hence, accession principles will not apply.
