Abandonment

Abandonment is the act by which a thing is voluntarily renounced.

There is no real intention to abandon a property when, as in the case of a shipwreck or a fire, things are thrown into the sea or upon the highway. - U.S. vs.  Rey, 8 Phil 504

The physical relinquishment of a thing plus a clear intention not to reclaim or re-assume ownership or enjoyment thereof. - Yu vs. De Lara, L-16084, November 30, 1962; 6 SCRA 787

The actual, absolute and irrevocable desertion of one's right or property. - Teodoro vs. Macaraeg, L-20700, February 27, 1969; 27 SCRA 19

The relinquishment or surrender of rights or property by one person to another. - Phil-Asia Tobacco Corporation vs. Arciaga, SP-01360, August 2, 1973.

The act of giving up, forsaking or deserting. - Bautista vs. Castillo, SP-05944, June 19, 1978.

The act of forsaking completely or giving up absolutely, with no intent to resume against one's right or interest over a thing or right. - Cordero vs. Aldeano, 14226-CAR, February 28, 1983.

The surrender, relinquishment, disclaimer or cession of property rights.

The voluntary relinquishment of all right, title, claim and possession, with the intention of not reclaiming it.

The giving up of a thing absolutely, without reference to any particular thing or purpose.

The voluntary relinquishment of possession of a thing by its owner with the intention of terminating his ownership, but without vesting it in any other person.

The relinquishing of all title, possession, or claim, or a virtual, intentional throwing away of property. - Heirs of Ramon Cabrera vs. Cebu Country Club, Inc., CV-06194, December 11, 1968.

The total physical absence from a given place, either voluntarily or planned. - David v. San Agustin, 65410-R, November 4, 1980.

Elements of Abandonment

1. Act- abandonment must be done actually, through physical manifestations and not merely verbal or mental.

2. Intention- the intention to abandon must be present. It must be voluntary and not forced.