FINALS

Question 1

Ownership

Answer 1

Bundle of rights which include the right to sell, lease, encumber, use, enjoy, exclude, and to make will.

Signifies dominion over use, control, and disposition which one may lawfully exercise over particular things or objects.

William Blackstone (English Jurist): The third absolute right; inherent in every Englishman, is that of property: which consists in the free use, enjoyment and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.

Question 2

Ownership may be exercised over

Answer 2

1. things
2. rights

Art. 427

Question 3

Title

Answer 3

Foundation of ownership and the means whereby the owner is able to maintain or assert his possession and enjoyment of a property.

A bundle of rights in a property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties.

A formal document that serves as evidence of ownership. For certain properties such as land or motor vehicles, registration of ownership in a public registry
provides public notice of ownership information.

Question 4

Conveyance of the document may be required in order to transfer ownership in the property to another person. T or F.

Answer 4

True.

Question 5

A person may use force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. T or F.

Answer 5

True.

Question 6

Components of the right to exclude

Answer 6

1. right to exclude
2. right of enclosure and fences
   - subject to servitudes and easements
3. self-help

Question 7

Servitude

Answer 7

a right by which something (such as a piece of land) owned by one person is subject to a specified use or enjoyment by another

Question 8

Easement

Answer 8

A nonpossessory right to use and/or enter onto the real property of another without possessing it. It is “best typified in the right of way which one landowner, A, may enjoy over the land of another, B.”

Question 9

Exception to the right to exclude

Answer 9

Lawful interference in cases of acts of necessities

• The owner may demand from the person benefited indemnity for the damage to him. Art. 432

Question 10

The owner has a right of action against the holder and possessor of the ting in order to recover it. T or F.

Answer 10

True. Art. 428 (2).

Question 11

Actual possession under a claim of ownership raises a disputable presumption of ownership. T or F.

Answer 11

True. The true owner must resort to judicial process in order to recover it. Art. 433.

Question 12

The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. T or F.

Answer 12

True. Art. 428

Question 13

Exceptions to the general rule of right to use

Answer 13

1. Limitation by law
2. Injurious use
3. Unlawful
4. State regulation of private property for public use (subject to the right of the individual to just compensation)
5. Property is subject to certain burdens which it must bear in common with other property of
   a like kind.

Question 14

A claim of restrictions and limitation in the use of such property must be clearly and indubitable established. T or F.

Answer 14

True.

Question 15

The government may control and regulate properties to secure the general safety, the public welfare and the peace, good order and morals of the community. This is the general rule. What is the limitation of such power?

Answer 15

This does not confer power to control rights which are purely and exclusively private, but it does authorize.

Question 16

How does property have a social function

Answer 16

All economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives and similar collected organizations, shall have the right to own, establish and operate economic enterprises.

Question 17

Property in relation to distributive justice

Answer 17

The use of property is subject to the duty of the state to promote distributive justice. The State can intervene when the common good so demands.

Question 18

Right to transfer

Answer 18

It includes the right of alienation or disposition in any lawful manner which the owner deems fit. The transfer must comply with the mode appropriate to the kind of property in order to be effectual.

Question 19

Kinds of transfers

Answer 19

1. Assignment of ownership

2. Assignment of rights only

Question 20

Right to vindicate

Answer 20

Includes the right to protect and defend such possession against the intrusion or trespass of others through judicial relief but in certain instances may include self-help.

Question 21

The law favors actual possessors. T or F.

Answer 21

True.

Question 22

Proofs of ownership

Answer 22

1. Titles
   - deeds and instruments, formalities, in a public instrument where the document evidencing the transfers is attested to before a notary public
2. Possession
   - may be challenged by another person with a better right or title to the property
3. Adjudication or Confirmation of Titles
   - through judicial, extra-judicial or administrative processes
   - usually occurs in instances where rights to property is acquired by operations of law, such as succession rights or rights conferred though social legislations such as rights to lands under public land, agrarian reform, and indigenous people’s rights laws.
   - in these cases, the person claiming rights has to prove that he had complied with all the conditions required by law to be perform in order to acquire rights on the thing
4. Control and Community Recognition of Claims
   - the actions of people may give rise to a color of title is that which gives a semblance or appearance of a title. Such action may show the extent of the person’s claim, but is not the title in fact

Question 23

How are titles acquired?

Answer 23

Titles are usually acquired by voluntary transfers from the owner through sale, donation, exchange, etc.

Question 24

An owner may lose his title through involuntary transfers. T or F.

Answer 24

True.

In this situation, the owner is divested of any right, title or interest through seizures under levy of attachment or execution, transfers in connection with bankruptcy, escheat, condemnation, abandoned property, transfers
pursuant to legal separation or dissolution of marriage or eminent domain.

Question 25

Possession may give rise to acquisition or lost of ownership such as in the case of adverse possession that resulted to prescription. T or F.

Answer 25

True.

Question 26

Co-ownership

Answer 26

The ownership of an undivided thing or rights belongs to different persons.

Question 27

The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. T or F.

Answer 27

True.

Question 28

Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment at all circumstances. T or F.

Answer 28

False. A person may not substitute another person when personal rights are involved.

Question 29

The effect of the alienation or the mortgage, with respect to the co-owners, can cover up the whole property regardless of their share. T or F.

Answer 29

False. The effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership.

Question 30

General rules in co-ownership

Answer 30

1. Presumption is equal shares (Art. 485, NCC)
2. Full ownership of his share (Art. 493, NCC)
3. On Share - the share of the co-owners in the benefits as well as in the charges are proportional to their interest and any stipulation altering this proportion is void. (Art. 485, NCC)

Question 31

Co-owner may alter the thing in common if it will benefit all co-owners. T or F.

Answer 31

False. Co-owner may not alter the thing in common even though it will benefit all co-owners.

However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief.

Question 32

No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership. T or F.

Answer 32

True.

Question 33

Rights of co-owners

Answer 33

1. right to use
2. right to transfer
   - may alienate, assign or mortgage his right
   - may substitute another person in the enjoyment of the use except if personal rights are involved
   - creditors and assignees may take part in the division but cannot impugn any partition that has been executed
3. right to vindicate
   - any one of the co-owners may bring an action in ejectment
4. right to partition
   - agreement for period must not be more than 10 years (extension may be allowed by a new agreement)
   - donor and testator may prohibit partition not exceeding 20 years
   - shall not render the thing unserviceable for the use for which it was intended
   - shall not prejudice third person who has a right of mortgage, servitude or any other real right before the division
   - shall not prejudice personal rights
5. right of redemption
   - the right to be subrogated
   - shall not be exercised except within thirty days from
   the notice in writing by the prospective vendor, or by the vendor, as the case may be

Question 34

Obligations of co-owners

Answer 34

1. Contribute to the expenses for preservation and to taxes. (Art. 488)
2. Contribute to the expenses for improvement upon majority decision (Art. 489). Majority decision must include co-owners representing controlling interest (Art. 492)
3. As far as practicable, other co-owners must be notified before a co-owner incur expenses for
   preservation.

Question 35

Any co-owner may demand partition any time in so far as his share is concern. T or F.

Answer 35

True.

Question 36

Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses made. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. T or F.

Answer 36

True.

Question 37

Creditors or assignees of a co-owner may take part in the division and object to its being effected without their concurrence. T or F.

Answer 37

True. Art. 497

Question 38

Kinds of Partition

Answer 38

1. Private

2. Judicial

Question 39

Every co-owner shall be liable for defects of title and quality of the portion assigned to each of the other co-owners. T or F.

Answer 39

True. Art. 501 (Warranty)

Question 40

It is sufficient that a person offering to redeem manifests his desire to do so. T or F.

Answer 40

False.

The statement of intention must be accompanied by an actual and simultaneous tender of payment. This constitutes the exercise of the right to repurchase. In
several cases decided by the Court where the right to repurchase was held to have been properly exercised, there was an unequivocal tender of payment for the full amount of the repurchase price. Otherwise, the offer to redeem is ineffectual.

Question 41

Requisites for the exercise of legal redemption

Answer 41

1. There must be a coownership
2. One of the co-owners sold his right to a stranger
3. the sale was made before the partition of the co-owned property
4. The right of redemption must be exercised by one or more co-owners within a period of 30 days to be counted from the time that he or they were notified
   in writing by the vendee or by the co-owner vendor
5. The vendee must be reimbursed for the price of the sale

Question 42

Prescribed form for an offer to redeem be properly effected

Answer 42

There is actually no prescribed form for an offer to redeem to be properly effected. It can either be through a formal tender with consignation, or by filing a complaint in court coupled with consignation of the redemption price within the prescribed period. What is condition precedent to a valid exercise of the right of legal redemption is either the formal tender with consignation or the filing of a complaint in court. What is paramount is the availment of the fixed and definite
period within which to exercise the right of legal redemption.

Question 43

A co-owner may renounce his share share as may be equivalent to this share of the expenses and taxes. T or F.

Answer 43

True.

BUT not when it is detrimental to the interest of the co-ownership (Art. 488)

Question 44

Special rules on co-ownership of buildings with different stories

Answer 44

1. The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each
2. Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata (proportional)
3. The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively

Art. 490

Question 45

Possession

Answer 45

Holding of a thing or the enjoyment of a right

Question 46

Only things and rights which are susceptible of being appropriated may be the object of possession. T or F.

Answer 46

True.

Question 47

The right under which on may exercise control over something to the exclusion of all others

Answer 47

Possession

Question 48

Actual Possession

Answer 48

Physical occupancy or control over property

Question 49

Acquisitive Possession

Answer 49

The acquisition of a title to a thing by open, continues, exclusive, notorious and hostile possession over a statutory period.

Question 50

Adverse Possession

Answer 50

The enjoyment of property with a claim of right when the enjoyment is opposed to another person’s claim and is continuous, exclusive, hostile, open and notorious.

Question 51

Bonafide Possession

Answer 51

Possession of property by a person who in good faith does not know that the property’s ownership is disputed.

Question 52

Constructive Possession

Answer 52

Control or dominion over a property without actual possession or custody of it. Thus, when a possessor holds title to a property and physically possesses part of it, the law will deem the possessor hold constructive possession of the rest of the property described in the title.

Question 53

Exclusive Possession

Answer 53

The exercise of exclusive dominion over property including the use and benefit of the property.

Question 54

Hostile Possession

Answer 54

Possession asserted against the claims of all others especially the true or record owner

Question 55

Notorious Possession

Answer 55

Possession or control that is evident to others

Possession of property that, because it is generally known by people in the area where the property is located, gives rise to a presumption that the actual owner has notice of it.

Question 56

Prescription

Answer 56

The extinction of a title or right by failure to claim or exercise it over a long period of time

Question 57

Peaceable Possession

Answer 57

Possession not disturbed by another’s hostile or legal attempts to recover possession especially wrongful possession that the rightful possessor has appeared to tolerate.

Question 58

How is possession exercised

Answer 58

1. Possession can be exercised in one’s own name or in that of another (Art. 524)
2. Possession of a thing as an owner
3. Possession of a thing by reason of a right to hold, keep or enjoy without being an owner; See Art. 559

Question 59

How is possession acquired

Answer 59

1. Material occupation
2. Exercise of a right
3. Control over thing/right that are subject to the action of our will

Question 60

Possession of wild animals

Answer 60

Wild animals are possessed only while they are under one’s control; domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor.

Question 61

Who can acquire possession

Answer 61

1. By the same person who is to enjoy it
2. By his legal representatives, agent or any other person if ratified; in case of minors/incapacitated persons, they need the assistance of their legal representatives
3. By operations of law (Art. 534) as in the case of hereditary title - transmission from the moment of death
4. Possession of movables in good faith is equivalent to a title, however, the person who was unlawfully deprive may recover it (Art. 559); there must be reimbursement in case of acquisition in public sale

Question 62

One who validly renounces an inheritance is deemed to have possessed it once. T or F.

Answer 62

False. One who validly renounces an inheritance is deemed never to have possessed the same.

Question 63

One who succeeds by hereditary title shall suffer the consequences of the wrongful possession of the decedent. T or F.

Answer 63

Not always. One who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, IF it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of death of the decedent.

Question 64

Possession cannot be acquire through force or intimidation as long as there is a possessor who objects to it. T or F.

Answer 64

True.

Question 65

Acts merely tolerated and those executed clandestinely and without knowledge or by violence
do not affect possession. T or F.

Answer 65

True. Art. 537

Question 66

Possession as a fact can be recognized at the same time in two different personalities. T or F.

Answer 66

False. Possession as a fact cannot be recognized at the same time in two different personalities except in co-possession.

1. Present possessor is preferred
2. The one longer in possession is preferred in case there are two possessors
3. The one who presents a title is preferred in case of the date of possess are the same

Question 67

How is possession lost

Answer 67

1. By abandonment of the thing
2. By assignment made to another either by onerous or gratuitous title
3. By destruction or total loss of the thing or because it goes out of commerce
4. By the possession of another
   a. 1 year
   b. 10 years - real right of possession is lost
   c. Prescription on immovables is subject to land registration laws

Question 68

Movables are not deemed lost as long as they remain under the control of the possessor even though at the time being he ay not know its whereabout. T or F.

Answer 68

True.

Question 69

Effects of possession

Answer 69

1. Possession is respected and will be restored if disturbed, writ of ejectment may be issued
2. Presumptions of Ownership in favor of Actual Possessors

3.

Question 70

If possession is in the concept of an owner; possessor cannot be obliged to show or prove it. T or F.

Answer 70

True. Art. 541

Question 71

A possessor who shows possession at some previous time is presumed to have held possession also during the intermediate period in the absence of proof to the contrary. T or F.

Answer 71

True. Art. 459

Question 72

Possession of real properties does not presume possession of movables. T or F.

Answer 72

False. Art. 542

Question 73

Rules in common possession

Answer 73

1. Allocation after division is presumed to have been possessed during the entire duration of co-possession
2. Interruption of possession prejudices all the possessors
3. In case of Civil Interruption, the Rules of Court applies
4. Tacking of Possession - Tacking is allowed only when no time lapses between the end of one occupant’s possession and the beginning of another’s occupancy. The process whereby an individual who is in ADVERSE POSSESSION of real property adds his or her period of possession to that of a prior adverse possessor. In order for title to property to vest in an adverse possessor, occupancy must be continuous, regular, and uninterrupted for the full statutory period.

Question 74

Adverse Possession

Answer 74

Possession without authority and adverse to the interest of the lawful possessor

Possession acquired and enjoyed in the concept of owner. Such possession can serve as a title for acquiring dominion.

Question 75

Possessor in good faith

Answer 75

A possessor who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.

Question 76

Mistakes as to question of law may be a basis of good faith. T or F.

Answer 76

True. Good faith is presumed and bad faith has to be proved.

Question 77

Good faith is lost upon

Answer 77

knowledge of the facts

Question 78

Effects of possession in good faith

Answer 78

a. on the fruits
- entitled to the fruits before possession is legally interrupted
- right to his proportional share in case of natural and industrial fruits in case of interruption

b. refund
- for necessary expenses with right of retention until reimbursement
- for useful expenses with right of retention - owner has the option to refund or to pay increase in value
- for expenses for pure luxury or mere pleasure

c. removal
- of useful improvements if it can be done without damage or refund
- of ornaments for embellishment if it suffers no injury and if owner does not prefer to refund

d. liability
- not liable for the deterioration or loss except if there is fraudulent intent or negligence after judicial summons

Question 79

Expense for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successors in the possession do not prefer to refund the amount expended. T or F.

Answer 79

True. Art. 548

Question 80

Possessor in bad faith

Answer 80

A possessor who is aware, has knowledge or has actual notice of any flaw in his title

Question 81

Effects of possession in bad faith

Answer 81

a. on the fruits
- obligation to reimburse the owner/legitimate possessor the fruits received

b. refund
- for necessary expenses only without right of retention (Art. 546 and 549)

c. removal
- of improvement for pure luxury or please if no injury is cause and the lawful possessor does not prefer to retina the by paying its value

d. liability
- liable for losses including fortuitous events

Question 82

One acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. T or F.

Answer 82

True. In the same way, rights and conditions are lost by prescription.

Question 83

Possession has to be in the concept of an owner, ____, ______ and ________.

Answer 83

public, peaceful and uninterrupted

Question 84

Lands registered under the Torrens System of land registration may be subject to prescription. T or F.

Answer 84

False. Lands registered under the Torrens System of land registration is not subject to prescription.

Section 47, PD No. 1529 or the Property Registration Decree

“Section 47. Certificate not subject to prescription. No title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession.”

Question 85

Kinds of acquisitive possession

Answer 85

1. Ordinary acquisitive prescription
   - requires possession of things in good faith and with just title for the time fixed by law
   - there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right
   - 10 years (immovable)
   - 4 years (movable)
2. Extraordinary acquisitive prescription
   - 30 years (immovable)
   - through uninterrupted adverse possession without need of title or of good faith
   - 8 years (movable)

Question 86

Just title has to be proved and is never presumed. T or F.

Answer 86

True.

Question 87

All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. T or F.

Answer 87

True.

Question 88

Property of the State or any of its subdivision not patrimonial in character may be the object of prescription. T or F.

Answer 88

False.

Question 89

Movables possessed through a crime may be acquired through prescription by the offender. T or F.

Answer 89

False.

Question 90

Acts of possession by mere tolerance of the owner is not adverse possession for purposes of prescription.

Answer 90

Ok. Art. 1119

Question 91

2 ways possession is interrupted

Answer 91

1. Naturally
   - when through any cause it should cease for more than one year and the old possession is not revived if a new possession should be exercised by the same
   adverse claimant
2. Civilly
   - by judicial summons to the possessor

Question 92

If the natural interruption is for only one year or less, the time elapsed shall be counted _________.

Answer 92

in favor of the prescription

Question 93

Possession in wartime when the civil courts are not open, may be counted in favor of adverse claimant. T or F.

Answer 93

False.

Question 94

Any express or tacit recognition which the possessor may make of the owner’s right also interrupts possession. T or F.

Answer 94

True.

Question 95

Rules on computing time

Answer 95

1. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in interest
2. It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary
3. The first day shall be excluded and the last day included

Question 96

The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. T or F.

Answer 96

True.

Question 97

According to the rules on accession, the fruits belong to the owner. T or F.

Answer 97

True. Natural, industrial, and civil fruits.

Question 98

Kinds of fruits

Answer 98

1. natural
   - spontaneous products of the soil, and the young and other products of animals
2. industrial
   - produced by lands of any kind through cultivation or labor
3. civil - rents of building, the price of leases of lands and other property and the amount of perpetual or life annuities or there similar income.

Question 99

He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation. T or F.

Answer 99

True.

a. based on the principle of unjust enrichment
b. expenses that are required by the condition of the work on the property
c. a possessor in bad faith is considered as a third person if he turned over the produce of the land that are already separated from the immovable

Question 100

The law presumed that the accessory thing belongs to owner of the principal. T or F.

Answer 100

True.

The possession of real property presumes that of the movables therein, so long as it is not shown that they should be excluded.

Question 101

Types of accession

Answer 101

1. Accession discreta
   - right of the owner pertaining to the fruits
2. Accession continua
   - right of the owner pertaining to things attached or incorporated

Question 102

All that is built, planted or sown on the land is presumed to belongs to the land owner unless the contrary is proved. T or F.

Answer 102

True.

Question 103

Drift woods belongs to the owner of the land unless claimed with payment for expenses in the gathering and preservation. T or F.

Answer 103

True.

Question 104

Accretion on river banks and lakes under Art. 457, NCC belongs to the owner. T or F.

Answer 104

False. River banks only.

Question 105

Rule on avulsion

Answer 105

It is the deposit of known (identifiable) portion of land detached from the property of another which is attached to the property of another as a result of the effect of the current of a river, creek or torrent.

Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years.

Question 106

River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. T or F.

Answer 106

True.

Question 107

Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. T or F.

Answer 107

True.

Question 108

Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. T or F.

Answer 108

True.

Question 109

Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. He also retains it if a portion of land is separated from the estate by the current. T or F.

Answer 109

True.

Question 110

Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State. T or F.

Answer 110

True.

Question 111

The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. T or F.

Answer 111

True.

ARTICLE 546. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been reimbursed therefor.

Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof.

ARTICLE 548. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended.

Question 112

Builder, planter, and sower in good faith

Answer 112

1. Owner appropriate the property with payment of indemnity

2. BPS may be compelled to pay for the land or to pay rent

Question 113

Builder, planter, and sower in bad faith

Answer 113

1. Owners acquire the BPS without payment of indemnity
2. or/Owner may demand demolition with restoration
3. or/Owner may pay the land/rent
4. BPS is entitled to reimbursement for the preservation of the land (Art. 452, NCC)
5. BPS in bad faith is entitled to reimbursement for the necessary expenses for preservation
6. BPS is bad faith is always liable for and with damages (Art. 451, NCC)

Question 114

He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity. T or F.

Answer 114

True.

Question 115

The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent. T or F.

Answer 115

True.

Question 116

Both owner and BPS is in bad faith

Answer 116

1. Treated as if both acted in good faith
2. Cancels out the bad faith of each
3. There is bad faith on the part of the owner if he has knowledge and did not oppose the BPS on his land. If the owner acted on bad faith while the TP acted on good faith, the BPS has the right of a material man under Art. 447

Article 447. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages.

Question 117

If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith.

It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part.

Answer 117

Ok. Art. 453

Question 118

Rule on persons providing materials to owners

Answer 118

Payment, removal if it will cause no injury and removal with injury if the owner acted on bad faith. Art. 447&raquo_space;

The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages.

Question 119

Owner of the principal acquires the accessory with indemnity. T or F.

Answer 119

True, as a general rule.

Article 466. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.

Question 120

Definition of principal in relation to accession

Answer 120

1. not the ornament
2. the one with greater value
3. the one with greater volume

Question 121

The principal can acquire the accessory even if the two objects can be separated without injury. T or F.

Answer 121

False.

Article 469. Whenever the things united can be separated without injury, their respective owners may demand their separation.

Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury.

Question 122

Rule on Separation

Answer 122

a. the principal does not acquire the accessory if the two objects can be separated without injury
b. when the accessory is more valuable than the principal, the owner may demand separation even if there would be injury
c. if the things are mixed (no principal/accessory), proportional division bearing in mind the value of the things mixed. (Art. 472, NCC)

Question 123

Rule on Acquisition if there is bad faith (Art. 470)

Answer 123

1. owner of accessory in bad faith - owner of the accessory lose the thing without indemnity
2. owner of principal in bad faith - owner of accessory may choose reimbursement with damages or separation with damages
3. if both are in bad faith, rule is Art. 466, NCC
   Article 466. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value.
4. in case of bad faith in mixture/confusion, owner in BF loosed his property with indemnity (Art. 473, NCC)

Article 473. If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners shall be determined by the provisions of the preceding article.

If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused, besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed.

Article 472. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused.

Question 124

Rule on owners of materials if the maker is in bad faith

Answer 124

owner of the material shall have the right to appropriate the work without payment or demand value of the material with damages

b) Ownership of Materials Used
(1) In consensual contracts, payment of the materials
(2) If the material was use without consent, indemnity and delivery of a thing equal in kind or
value or price according to expert appraisal. (Art. 471, NCC)
(3) Labor/Craft in good faith - craftsman acquires the materials with with indemnity for the value
of the materials, if the material is more valuable than the finish goods, owner pays for the
value of the work or demand indemnity for the material (Art. 476, NCC)

Question 125

Trespass vs. Nuisance/Infringement

Answer 125

(1) Definition
T: it takes the form of an unlawful physical invasion or usurpation of rights in real property. In acts of trespass, the trespasser should have no legal right on the property
N: there is injury to property or interference with its use or enjoyment without entry or physical invasion of the property

(2) Injury
T: immediate
N: consequential

TRESPASS

• generally, it is not necessary to prove harm to a possessor’s legally protected interest
• the lessor is not obliged to answer for a mere act of trespass which a person may cause on the use of the thing leased; but the lessee shall have a direct action against the intruder
• mere acts of trespass does not suspend payment in sale

NUISANCE
- the “interference” was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person’s land that affected the enjoyment of that land.

Question 126

Who has the right of action against the holder and possessor of the thing in order to recover a property?

Answer 126

The owner has the right of action against the holder and possessor of the thing in order to recover it.

Question 127

In an action to recover, plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim. T or F.

Answer 127

True.

Question 128

Remedies in trespass in real properties

Answer 128

1. self help (Art. 429, NCC)
2. criminal prosecution (Arts. 312, 316, RPC)
3. civil action for recovery of possession
4. accion publiciana
5. recovery of ownership and possession
6. writ of possession
7. eviction and demolition under RA 7279

Question 129

Forcible Entry v. Unlawful Detainer

Answer 129

Forcible entry

• when a person is deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth
• action must be instituted within a year from unlawful deprivation

Unlawful detainer

• when a landlord, vendor, vendee or other person against is unlawfully withheld from the possession of any land or building after the expiration of any contract, express or implied
• action must be instituted within a year from demand to vacate

BOTH
- action for recovery instituted with the MTC
- relief is restitution of possession with damages and costs
- procedure&raquo_space; Rule 70; summary procedure; immediate execution on judgment
- a possessor deprived of his possession may within 10 days from filing of the complaint present a motion to secure from the court a writ of preliminary injection to
restore him in his possession. Court must decide the motion within 30 days. (Art. 539)

Question 130

Accion publiciana

Answer 130

If cause of dispossession is not FEUD or upon expiration of one year to commence an action for FEUD

until 10 years

Question 131

Accion Reivindicatoria

Answer 131

an action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession

RTC

prescription period of 30 years

OWNERSHIP, not just mere possession

The defendant claims ownership over the land such as when there is adverse possession

Question 132

Writ of possession

Answer 132

A writ of possession is a writ of execution employed to enforce a judgment to recover the possession of land.

A separate action for recovery of possession is not necessary, the court may issue a writ of possession to eject the occupant of the land in the following instances:

a. Land Registration Proceedings
b. Extra-judicial Foreclosure of Mortgage as against the mortgagor
c. Judicial Foreclosure as against the mortgagor
d. Execution Sale

Question 133

Eviction and demolition shall be discourage. Eviction

and demolition, however, may be allowed under the following situations:

Answer 133

a. When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks and playgrounds
b. When government infrastructure projects with available ending are about to be implemented
c. When there is a tour order for eviction and demolition

Question 134

In the execution of eviction and demolition orders involving underprivileged and homeless citizens,
the following shall be mandatory:

Answer 134

a. notice upon the affected person at least 30 days prior to the date of eviction or demolition
b. adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated

c. presence of local government officials or their representatives during eviction or
demotion

d. proper identification of all persons taking part in the demolition
e. execution of eviction or demolition only during regular office hour from Mondays to Fridays and during good weather unless the affected families consent otherwise
f. no use of heavy equipment for demotion except for structures that are permanent and of concrete materials
g. proper uniform for members of the PNP who shall occupy the first line of law enforcement and observe proper disturbance control procedure
h. adequate relocation, whether temporary or permanent, provided, however that in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within 45 days form service of notice of final judgement by the court, after which period the said order shall be executed: provided, further, that should relocation no be impossible with the said period, financial assistance in the amount equivalent to the prevailing minimum wage multiplied by 60 days shall be extended to the affected families by the local government unit concerned

Question 135

Remedies in Personal Property

Answer 135

1. Self help (Art. 429, NCC)
2. Criminal prosecution (RPC Book II, Title 10 “Crimes against Property)
   - robbery
   - brigandage
   - theft
   - arson
   - malicious mischief
3. Replevin
   - a lawsuit that enables a person to get back personal property taken wrongfully or unlawfully and get compensation for resulting losses

Question 136

Rule 60 of the Rules of Court (Recovery of possess of personal property or Replevin)

Answer 136

a. A party praying for the recovery of possession of personal property ay, at the commencement of the action or at any time before answer, apply for an order for the delivery of such property to him
b. The applicant must give bond, executed to the adverse party in boodle the value of the property, for the return of the property to the adverse party if such return be adjudged and for the payment to the adverse party of such sum as he may recover from the applicant in the action.
c. The adverse party may file a counter bond double the value of the property

Question 137

Nuisance/Interference to property rights

Answer 137

A condition, activity, or situation that interferes with the use or enjoyment of property especially a non-transitory condition or persistent activity that either injures the physical condition of adjacent land or interferes with the use or with the enjoyment of another of his property.

1. describes an activity or condition that is harmful or annoying to others
2. describes the harm caused by the before-mentioned activity or condition
3. describes a legal liability that arises from the combination of the two

Question 138

Persons in possession of real property (land owners, lessors, etc.) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance. T or F.

Answer 138

True.

Question 139

Nuisance as defined under the Civil Code

Answer 139

Article 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:

1. injures or endangers the health or safety of others; or
2. annoys or offends the senses; or
3. shocks, defies or disregards decency or morality; or
4. obstructs or interferes with the free passage of any public highway or street, or any body of water; or
5. hinders or impairs the use of property

Question 140

Nuisance according to the object or objects that it affects

Answer 140

a. public nuisance or common nuisance
- affects a community or neighborhood or any considerable number of persons although the extent of annoyance or range or damage is unequal

b. private nuisance
- affects only specific individuals and not the whole community; violates only private rights

Question 141

A nuisance per incidens, which depend upon certain conditions and circumstance, and its existence being a question of fact, cannot be abated without due hearing or judicial intervention. T or F.

Answer 141

True.

Question 142

The owner of a property is not entitled to compensation when it is condemned by the State
by reason of health, safety or security. T or F.

Answer 142

True. Unless such action is unjustified.

Question 143

Remedies for nuisance

Answer 143

1. prosecution under the Penal Code
   - limited to public nuisance
2. civil action
   - if public nuisance - action shall be commence by the city (Art. 701)
   - exception - it may be filed by a private person if it is specially injurious to him
3. abatement without judicial proceeding
   - Public Nuisance by Officers of the Law (Art. 700-703)
   - Public Nuisance by Private Persons (Art. 704)
   - Private Nuisance by Private Persons (Art. 706)

Question 144

Private nuisance vs. Public nuisance

Answer 144

Private nuisance

• civil wrong
• It is the unreasonable, unwarranted, or unlawful use of one’s property in a manner that substantially interferes with the enjoyment or use of another individual’s property, without an actual trespass or physical invasion to the land

Public nuisance
- criminal wrong
- it is an act or omission that obstructs, damages, or inconveniences the rights of the community. A public nuisance interferes with the public as a class, not merely one person or a group of citizens. However, if the individual suffers harm that is different from that suffered by the general public, the individual may maintain a tort action for damages. For example, if
dynamiting has thrown a large boulder onto a public highway, those who use the highway cannot maintain a nuisance action for the inconvenience. However, a motorist who is injured from colliding with the boulder may bring a tort action for personal injuries.

Question 145

Factors to be considered in private nuisance as a tort

Answer 145

a. extent and duration of the disturbance
b. nature of the harm
c. social value of the plaintiff’s use of his or her property or other interest
d. burden to the plaintiff in preventing the harm
e. value of the defendant’s conduct, in general and to the particular community
f. motivation of the defendant
g. feasibility of the defendant’s mitigating or preventing the harm
h. locality and suitability of the uses of the land by both parties

Question 146

Quieting of title

Answer 146

1. An action brought to remove a cloud on title to real property by reason of any instrument, record, claim, encumbrance or proceedings which is apparently valid or effective but is in truth and in fact invalid, ineffective or unenforceable, and may be prejudicial to said title. (Art. 476)
2. Legal or equitable title to or interest to real property
3. Return of all the benefits acquired by the plaintiff to the defendant (Art. 479)