V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, art. 712)

Question 1

V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, art. 712)

A. Occupation (Civil Code, arts. 713-720)
B. Donation (Civil Code, arts. 725-773)
C. Prescription (Civil Code, arts. 1106-1155)

State similarities and differences

Answer 1

Based on the search results provided, I don’t have specific information from the Civil Code of the Philippines about the articles you mentioned for Occupation, Donation, and Prescription. However, I can provide some general key phrases that are commonly associated with these concepts as modes of acquiring ownership:

A. Occupation (Civil Code, arts. 713-720):
- “Appropriation of ownerless things”
- “Corporeal things without an owner”
- “Intention to acquire”
- “According to legal rules”

B. Donation (Civil Code, arts. 725-773):
- “Gratuitous transfer of property”
- “Act of liberality”
- “Donor and donee”
- “Acceptance by the donee”

C. Prescription (Civil Code, arts. 1106-1155):
- “Acquisition of ownership through lapse of time”
- “Continuous possession”
- “In the concept of an owner”
- “Public, peaceful, and uninterrupted”

Please note that these key phrases are general and may not exactly match the specific wording in the Philippine Civil Code. For precise legal definitions and provisions, it would be necessary to consult the actual text of the Civil Code of the Philippines for the mentioned articles.

Question 2

V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, art. 712)

A. Occupation (Civil Code, arts. 713-720)

Answer 2

Here’s a summary of the key points regarding Occupation for easy memorization:

1. Definition:
   
   • Acquisition of ownership
   • Of corporeal things without an owner
   • With intention to acquire
   • According to legal rules
2. Requisites:
   a. Seizure or apprehension
   
   • Actual holding not required
   • Right of disposition is sufficient
   b. Property characteristics:
   - Must be corporeal (tangible)
   - Must be PERSONAL PROPERTY
   - Must be susceptible to appropriationc. Intent:
   - Must have intention to appropriated. Legal compliance:
   - Must comply with legal requirements

Key points to remember:
- Applies to ownerless tangible personal property
- Requires both physical control and intent
- Actual possession not always necessary
- Must follow legal rules for valid occupation

This summary captures the essence of Occupation as defined in Article 713, emphasizing the nature of the property, the act of seizure, the intent to acquire, and the need for legal compliance.

Question 3

V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, art. 712)

B. Donation (Civil Code, arts. 725-773)

Donation of Movable Property:
1. Value Exceeds P5,000:
- Requirement: Donation and acceptance must be in writing.
- Consequence: Void if not in writing.

2. Value Less Than P5,000:
   
   • Oral Donation: Valid if accompanied by simultaneous delivery (actual or constructive).
   • Written Donation: Valid even without simultaneous delivery.
   • Acceptance: Can be made orally or in writing.

Donation of Immovable Property:
1. Form:
- Requirement: Must always be in a public instrument.
- Details: Must specify the property donated and any burdens assumed by the donee, regardless of value.

2. Acceptance:
   
   • Options:
     
     • In the same public instrument.
     • In another public instrument, notified to the donor in authentic form and noted in both deeds.
   • Timing: Must be made during the lifetime of both the donor and the donee.

Key Points to Remember:
- Movable Property:
- Written form required for donations over P5,000.
- Oral donations under P5,000 need simultaneous delivery.
- Acceptance can be oral or written.

• Immovable Property:
  
  • Always requires a public instrument.
  • Acceptance must be formalized in a public instrument.
  • Must occur during the lifetimes of both parties.

Answer 3

1. General Rule:
   
   • All persons who can contract and dispose of property may give/receive donations
2. Exceptions:
   a. Guardians and trustees:
   
   • Cannot donate property entrusted to them
   b. Minors and those who cannot contract:
   - Can be donees
   - Acceptance through parents/legal representativesc. Conceived and unborn children:
   - Acceptance by potential legal representativesd. Incapacitated persons:
   - Donations to them are void
   - Includes simulated or interposed donationse. Multiple donees for same thing:
   - Rules on double sale apply

Key points to remember:
- General ability to donate tied to capacity to contract
- Special rules for minors, unborn children, and incapacitated persons
- Guardians/trustees restricted from donating entrusted property
- Void donations to incapacitated persons, even if disguised
- Multiple donees situation treated like double sale

This summary captures the essence of the rules on who can give or receive donations, highlighting the general rule and the specific exceptions.

Question 4

V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, art. 712)

C. Prescription (Civil Code, arts. 1106-1155)

ACQUISITIVE prescription (for OWNERSHIP of property):
- 10 years for immovable property in good faith with just title
- 30 years for immovable property without good faith or just title
- 4 years for movable property in good faith
- 8 years for movable property without good faith

Answer 4

Based on the available information from the Civil Code of the Philippines, here’s a summary of some key prescriptive periods for easy memorization:

1. General rule for prescription of actions:
   
   • 10 years for actions based on a written contract
   • 6 years for actions based on an oral contract
2. Special prescriptive periods:
   
   • 4 years for actions to annul a voidable contract
   • 4 years for actions to enforce a right of redemption
   • 1 year for actions for damages based on quasi-delicts (torts)
3. ACQUISITIVE prescription (for OWNERSHIP of property):
   
   • 10 years for immovable property in good faith with just title
   • 30 years for immovable property without good faith or just title
   • 4 years for movable property in good faith
   • 8 years for movable property without good faith
4. Other notable periods:
   
   • 5 years for actions to recover movables
   • 3 years for actions to claim wages of household helpers
   • 2 years for actions arising from oral defamation

Key points to remember:
- Longer periods (10-30 years) for property-related matters
- Shorter periods (1-4 years) for most personal actions
- Good faith and just title can shorten prescriptive periods

Please note that this is a simplified summary and there may be exceptions or additional prescriptive periods for specific cases. For precise legal advice, it’s always best to consult the full text of the Civil Code or a legal professional.

Question 5

Juan discovers an abandoned boat washed ashore on a public beach. He intends to claim it as his own and takes steps to repair and maintain it. Which of the following conditions must be met for Juan to legally acquire ownership of the boat through occupation?

a) The boat must be registered in Juan’s name immediately.
b) Juan must physically possess the boat at all times.
c) The boat must be ownerless, and Juan must comply with legal requirements.
d) Juan must obtain a court order declaring him the owner.

Answer 5

Answer: c) The boat must be ownerless, and Juan must comply with legal requirements.

Legal reasoning: For Juan to acquire ownership through occupation, the boat must be a corporeal thing without an owner (ownerless), and Juan must have the intention to appropriate it. Additionally, he must comply with any legal requirements for occupation. Physical possession at all times is not necessary, as long as Juan has the right of disposition and follows the legal rules.

Question 6

Maria finds a rare, unmarked gemstone in a public park and decides to keep it. Which of the following scenarios would invalidate her claim of ownership through occupation?

a) Maria immediately takes the gemstone to a jeweler for appraisal.
b) The gemstone is later found to have been part of a private collection.
c) Maria does not inform anyone about her discovery.
d) The gemstone is susceptible to appropriation and Maria intends to keep it.

Answer 6

Answer: b) The gemstone is later found to have been part of a private collection.

Legal reasoning: For Maria to validly acquire ownership through occupation, the gemstone must be ownerless (without a previous owner). If the gemstone is found to have been part of a private collection, it is not ownerless, and Maria cannot claim ownership through occupation. The other options do not invalidate her claim, as they do not contradict the requisites of occupation (seizure, intent to appropriate, and compliance with legal rules).