Part II

Question 1

Fruits

Answer 1

a. natural - spontaneous products of the soil, and the your and other products of animals
b. industrial - produced by lands of any kind through cultivation or labor
c. 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 2

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 2

True.

Question 3

Who has the obligation to pay the expenses made by a third person in their production, gathering, and preservation or expenses that are required by the condition of the work on the property? Why?

Answer 3

He who receives the fruits. Based on the principle of unjust enrichment.

Question 4

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. T or F.

Answer 4

True.

Question 5

To whom does the accessory of a principal belong to?

Answer 5

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

Question 6

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

Answer 6

True.

Question 7

The possession of movable is not deemed lost so long as they remain under he control of the possessor even though for the time being he may not know their whereabouts. T or F.

Answer 7

True.

Question 8

Types of accession

Answer 8

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 9

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 9

True

Question 10

To whom does drift woods belong to?

Answer 10

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

Question 11

Accretion on ______ under Art. 457, NCC belongs to the owner but does not include accretion on _____.

Answer 11

river banks; lakes

Question 12

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 ___ years.

Answer 12

two

Question 13

All works, sowing, and planting are presumed what?

Answer 13

made by the owner and at his expense, unless the contrary is proved

Question 14

Effect of building, planting or sowing in bad faith on the land of another

Answer 14

1. 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.
2. 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.
3. The landowner is entitled to damages from the builder, planter or sower.
4. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land.

Question 15

Effect if both landowner and builder, planter or sower acted in bad faith

Answer 15

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.

Question 16

Effect if landowner acted in bad faith but builder, planter or sower acted in good faith

Answer 16

When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply.

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 17

Effect if the materials, plants or seeds belong to a third person who has not acted in bad faith

Answer 17

If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay.

This provision shall not apply if the owner makes use of the right granted by article 450. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor.

Article 450. 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.

Question 18

Good faith excludes negligence. T or F.

Answer 18

False. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176.

Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.

Question 19

To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. T or F.

Answer 19

True.

Question 20

Do owners of estates acquire the land left dry by the natural decrease of water?

Answer 20

No. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods.

Question 21

Rule on avulsion

Answer 21

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 22

To whom do trees uprooted and carried away by the current of the water belong to?

Answer 22

Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place.

Question 23

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 23

True.

Question 24

Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed belongs to?

Answer 24

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

Question 25

Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, who will own it?

Answer 25

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.

Question 26

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

Answer 26

the State

Question 27

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 27

True.

Question 28

Rule on builder, planter and sower on lands of another

Answer 28

a. Builder, Planter, and Sower in good faith
1. owner appropriate the property with payment of indemnity
2. BPS may be compelled to pay for the land or to pay rent

b. Builder, Planter and Sower in bad faith
1. owners acquires the BPS without payment of indemnity
2. or/owner demands demolition with restoration
3. or/owner pays the land/rent
4. BPS is entitled to reimbursement for the preservation of the land
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

c. Both owner and BPS is in bad faith
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 goodbye faith, the BPS has the right of a material man under Art. 447

Question 29

Rule on Persons Providing Materials to Owners

Answer 29

a. Rights of material men
b. Payment, removal if it will cause no injury and removal with injury if the owner acted on bad
faith

Question 30

General rule on accession in movable property

Answer 30

Owner of the principal acquires the accessory with indemnity.

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 31

Principal

Answer 31

1. Not the ornament (Art. 467, NCC)
   The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection.
2. The one with greater value (Art. 468, NCC)
   If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one, the thing of the greater value shall be so considered, and as between two things of equal value, that of the greater volume.

In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.

3. The one with greater volume (Art. 468, NCC)

Question 32

Rule on Separation

Answer 32

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

Question 33

Whenever the things united can be separated without injury, who may demand their separation?

Answer 33

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 34

Effect when the owner of the accessory thing has made the incorporation in bad faith

Effect when the one who has acted in bad faith is the owner of the principal thing

Effect when either one of the owners has made the incorporation with the knowledge and without the objection of the other

Answer 34

Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered.

If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages.

If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith.

Question 35

Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal. T or F.

Answer 35

True.

Question 36

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. T or F.

Answer 36

True.

Question 37

Rule on acquisition if there is bad faith

Answer 37

1. owner of accessory in bad faith - owner of the accessory loose 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
5. 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 471. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal. (380)

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 38

Rule on owners of materials

Answer 38

a. the maker in bad faith, 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 39

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. T or F.

Answer 39

True.

Question 40

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. T or F.

Answer 40

True.

Question 41

One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value.

If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself, after first paying indemnity for the value of the work, or demand indemnity for the material.

If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without paying anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered. However, the owner of the material cannot appropriate the work in case the value of the latter, for artistic or scientific reasons, is considerably more than that of the material. T or F.

Answer 41

True.

Question 42

Rules on third persons

Answer 42

Reimbursement under Art. 443 - if the owner receives a fruit, he should pay third persons who incur expenses in its production, gathering and preservation.

Question 43

Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. T or F.

Answer 43

True.

Question 44

Trespass v. Nuisance

Answer 44

• Nuisance there is injury to property or interference with its use or enjoyment without entry or
physical invasion of the property.

• Injury - immediate in trespass but consequential only in nuisance/infringement.

• In 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 45

Trespass

Answer 45

an unlawful physical invasion or usurpation of rights in real property

Question 46

In trespassing, it is necessary to prove harm to a possessor’s legally protected interest. T or F.

Answer 46

False.

Question 47

Trespass to chattels

Answer 47

also known as trespass to goods or trespass to personal property

defined as “an intentional interference with the possession of personal property by another

Question 48

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. T or F.

Answer 48

True.

Question 49

Acts of trespass will suspend payment in sale. T or F.

Answer 49

False. Mere acts of trespass does not suspend payment in sale.

Question 50

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

Answer 50

True.

Question 51

Presumption of ownership is given to?

Answer 51

actual possessor