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is the building a real or personal property? Reasons The building is real or immovable property (Art. 415(a), Civil Code). It is a real property by incorporation. It is mortgaged as chattel mortgage it will not invalidate the contract (Navarro v. Pineta, 9 SCRA 631; Tumalod v. Vicencio, 41 SCRA 141). However, if It is foreclosed as chattel mortgage and without publication, the same is void EManarang v, Ofilada, 62 Off. Gaz. 3964; Evangelista v. Alto Surety, 103 Phil. 401; Ladera v. Nodges, 48 Oft. Gaz. 5374). 2. As A was constructing a concrete building on his own lot, he also erected wooden scaffoldings on which the plumbers and carpenters may climb. (a) What kind of property are the wooden scaffoldings and why? (b) What kind of prop¬erty is the building being constructed on the lot. (a) Scaffoldings are movable. They cannot be consid¬ered as immovable property either by nature or operation of law, Neither it be considered immovable by incorporation or destina¬tion because they are not permanent or destined for the use, exploitation or perfection of the land (b) The building is real or an immovable property Art. 415(1), Civil Code]. 3. A was the owner of a beautiful painting with a frame which he bought in Florence, Italy. As his house was not yet habitable, A gave the painting to his neighbor and friend, B, who in turn attached the painting in the meantime that A’s house was being constructed, to the wall of his house. What kind of property is the painting while in the house of B? Reasons The painting is movable because the attachment is merely temporary and not permanent [Art. 415 (4), Civil Code]. 4. A leased a building to B for a term of 10 years. B established a show factory in the building and as a result be installed certain machineries therein. Are such machineries movables or immovables? Reason The machineries are movables Art. 415(5), Civil Code] because they are installed by the lessee, B and not by A, the lessor (see Davao Sawmill v. Castillo, 61 Phil. 709). 5. (a) Is mortgage on land movable or immovable property? (b) May certain property partake both of the nature of real and a personal property? Dis-cuss. (a) Mortgage is a real right over immovable property i.e., land, see Art. 415(10), Civil Code] and the mortgage is known as real estate mortgage as contra distinguished from personal property (i.e., car) where the mortgage is called chattel mort¬gage. A real mortgage is a real right arid a real property by Itself [Metro Bank v. Alejo, 364 SCRA 812(2001)]. If mortgage being registered with Registry of Property, it is real [Art. 415(10) CC]; if not registered, it is not. (b) Yes, certain things may partake either personal or real property, Real property may be considered personality to be movable or personal property. Similarly, grow¬ing crops may also be considered as personality for the purpose of contract of sale. 6. What is meant by property of public dominion? Public dominion means ownership by the State in that State has control and administration; in other sense, it means also ownership by the public in general. Under Art. 419, Civil Code, property is either of public dominion or of private owner ship. Things considered as property of public dominion are:
constructions or . 420(1)(2) Civil Code]. L-44091. Consolidated v. What are the characteristics of property of public dominion? They cannot be: (1) Appropriated. 335. 69 Phil 499) and (6) Accretion of public dominion such as the sea cannot he titled. (Seville v. shall pay their value. The owner of the materials shall have the right to remove them only in case he can do so without injury to the works constructed. Under the Regalian doctrine all lands of the public domain belong to the State. 9. What is meant by patrimonial property of the State. 425(1). ports and bridges constructed by the state. April 15. (4) Subject to attachment or execution. municipal streets. (Republic v. Meneses v. of Lands. public waters. Commonwealth. cities and municipalities when no longer intended for public use or for public service shall form respectively their patrimonial state (Arts. public service or the development of the national wealth. 43938. ho shall also be obliged to the reparation of damages. city streets. v. It is wealth owned by the State. 7. Director of Lands. squares. 108 Phil. in the provinces. or without the plantings.(1) Those intended for public use. and are intended for some public service or as the development of the national wealth [Art. (Ignacio v. cities and municipalities? Property of public dominion belonging to the State. personally or through another. 1988) 10. Iloilo. 78 SCRA 130) 8. and (3) Property for public use. 49 Phil 52. Civil Code). because Regalian Doctrine is in¬tended for the benefit of the State. cannot be alienated or encumbered. CA G No. canals. Lanzar v. National Development Company. (2) Subject matter of contract being beyond the commerce of men. shores. (3) Acquired by prescription.424. hence. constructions or works with the materials of another. (5) Be burdened by any voluntary easement (tan Toco v. cities and municipalities such as provincial roads. roadsteads and others of similar character: (2) Those which belongs to the State. which is the source of any assorted right of ownership of land. and public works for public service paid for by said provinces. 422. without being for public use. cities or municipalities [Art. what are the rights and obligations of the parties? The owner of the land who makes thereon. planting or sowing with materials of another. plantings. and if he acted in bad faith. promenades. torrents. What is the Regalian Doctrine? this doctrine reserves to the State all natural wealth that may be found in bowels of the earth even if the land where the discovery is made is private. Ownership of such land does not give a person a right to extract or utilize the said minerals without the permission of the State to which the mineral belong. provinces. If the owner of the land makes thereon any building. rivers. 351 SCRA 112(2001) This is so. 420. CC]. foun¬tains. Patrimonial property of the State is the property it owns but which is not devoted to public use. banks. CA L-44081 Atok Big Wedge Mining Co. of provinces. such as roads. Dir.
with Y’s knowledge. A acted in good faith. B may choose between demanding from A the payment of the palay seeds plus damages or the removal of the seeds with or without injury to the planting plus damages (Art. cannot obliged to buy the land if its value is considerably than that of the building or trees. Will the defense prosper? Reasons The defense will prosper because of the concurrence of all elements of latches such as. Civil Code). planted or own without right to indemnity (Art. 14. (1) Conduct on the part of the defendant. if the landowner acted in bad faith. 454. 449 Civil Code). palay seeds belonging to B. planter and sower may demand reimbursement for the necessary expenses (Art. As to the second query. Suppose that in the above problem. 447. However. are the rights and obligations of the parties. the proper rent (Art. Civil Code). then both are considered in good faith (Arts. 12. with a right to be indemnified for damages (Art. Civil Code). shall have the right to appropriate as his own the work. . what are the rights and obliga¬tions of the parties? A shall pay to B the value of the palay seeds and at the same time indemnify him for any damage which he may have suffered. 447 Civil Code). the owner of the materials may remove them in any event. 453. Y brought an action against X for reconveyance for his share. If a certain person builds. However. or that the planting or sowing be removed or he may compel the planter to pay the price of the lan4 sower.works being destroyed. (2) Delay in asserting the complainant’s rights. What are the rights and obligations belonging to the parties. A plants in bad faith on his own land. 451. who is in good faith. minus the damages. (Art. the answer is identical. or to o the one who built or planted to pay the price of the land an one who sowed. 450. plants and sows in good faith on land belonging to another who is also in good what are the rights and obligations of the parties? The owner of the land on which anything has been I sown or planted in good faith. after payment the indemnity provided for in Articles 546 and 548.) 13. Civil Code) but necessary expenses the builder. The owner may demand demolition of work. the court shall fix the terms thereof. the sowing or planting. 448. X secured a torrens title over the land in his own name alone. however. plants or sows in bad faith on the another. 452. the complainant having been afforded an opportunity to institute a suit. the builder or p1. the proper rent. In such case. X set-up the defense of latches. he shall reasonable rent. loses what is built. 11. X possessed alone since 1935 a parcel of land co-owned with Y. or of one under whom he claims giving rise to the situation of which complaint is made and for which the complainant seeks a remedy. Note: If both parties are in bad faith. He who builds. CA L035648 Fe 1987). plants or saws in good faith on land belonging to another. If a certain person builds. Mutual bad faith is equivalent to good faith (Tan Queto v. Civil Code) plus damages (Art. if the owner of the land does not choose to appropriate the building or trees after proper indemnity parties shall agree upon the terms of the lease and in ca disagreement. In 1967.
1067). The only right of the builder in good faith is the right of reimbursement. Olaes. Y built a house on it. If he cannot pay. It was discovered in a survey that a portion of a building of petitioner. Hilario.13-14.A 237 15. he cannot ask for ejectment of X. because the option to appropriate the building or sell the land belongs to the landowner. X built a house on the land of Y in good faith.(3) Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases the suit. Apruil 16. The parties in this case are owners of adjoining lots in Parañaque. The reason for this is that the appropriation without compensation would amount to solution indebiti. or He has the right to sell the land of the builder in good faith. The rights of the owner of the land are: He can appropriate the house upon payment of indemnity. But if he opted to sell the land where the value of the same is not considerably more than the value of the house. May a person appropriate or use natural bodies of water without securing a water permit? Generally. The option is not to buy but to sell. and the builder does not pay the land.00. he has yet to make a choice. can Y file a suit for ejectment and pray for demolition upon knowing that X built his house on his land? No. However. Catalino. What are the rights of the parties? Explain. 000. If the landowner chooses to appropriate the building. (1) Appropriation of water by means of hand carried receptacles. 605). The right of the builder is to ask for indemnity if the landowner opts to appropriate the house. 17. The phrase “upon payment of indemnity” means that X has the right to retain the house for as long as Y has not yet paid the indemnity. The land is worth P1 Million. X is in good faith. If he has not yet done so. The option is given to the landowner because his right is older. In this case. PD No. because the value of the land is considerably more than the value of the building. Yuseco. In the problem above. not to compel the owner of the land to sell (Quemuel vs. and navigation of watercrafts or transportation of logs and other objects by flotation (Arts. including government instrumen¬talities or governmentowned or controlled corporation shall appropriate water without a water right. 26 SCR. can the builder ask the owner of the land to sell it instead? Why? No. then X can be ejected (Ignacio vs. X owns a parcel of land. 1 SCRA 1159). If so. he may not secure any permit in the following cases. 1959). He can compel the builder to buy the land. Anyway. Metro Manila. unless the value of the land is considerably more than the value of the building. he should not be allowed to continue using the land (Tayag vs. the remedy is forced lease (Article 448). 16. and because of the principle of accession. 76 Phil. and (4) Injury or prejudice to the defendant in the event relief is accorded to the complainant or the suit is not held to be barred (Miguel v. Y is a builder in good faith. The house is worth P300. Can X compel Y to buy the land? Why? No. he is entitled to the thing attached to his land. encroached on a portion . which was presumably constructed by its predecessor-in-interest. 18. then the builder must pay rent. no person. (2) Bathing or using watering or dipping of domestic or farm animals.
of the lot owned by private respondent. They are then estopped to deny their landlord‟s title.htm (sorry . [G. because he need not completely pay the land. Dec. 23. COURT OF APPEALS (FORMER SPECIAL SEVENTEENTH DIVISION) and EDUARDO UY. ibid.R. CA. Equitable and beneficial title is enough. 108894. vs. 22. This is so because of his being a builder in good faith. who owns the same? Why? X. May a builder in good faith retain possession of the land and the building in case the landowner appropriates the building but has not yet paid its value? How about if the builder is a lessee? Yes. 1950) 31. May a lessee be a builder in good faith? No. petitioner. then the right of retention is not available because he is not a possessor in good faith. Albano Civil Law Reviewer pages270-271 26. No.R. 25. 1997] http://sc. The builder in good faith can retain possession of the land and the building if the landowner has not yet paid the value of the improvement. IAC. G. Feb. Yes. it was held that lessees are not builders in good faith. 21. because there is a specific technical description of the land. 68166.R. (Grande vs. Albano Civil Law Reviewer page281 . does that cover the alluvial deposit? Why? No. No. It can be lost by prescription after 30 years. respondents. What are the rights and obligations of the parties? Is petitioner considered a builder in bad faith because. Rizal. They came into possession of the lot by virtue of a contract. 1962) 29.ph/jurisprudence/1997/feb1997/108894. 120303. (Director of Lands vs. No. If the riparian owner has title to the land. because if it is not covered by a Torrens title. May the alluvial deposits be lost by prescription in favor of another? Reasons.. he is “presumed to know the metes and bounds of his property as described in his certificate of title”? Does petitioner succeed into the good faith or bad faith of his predecessor-in-interest which presumably constructed the building? Read: TECNOGAS PHILIPPINES MANUFACTURING CORPORATION. 1996. 29.) 30.)) 19. Suppose there is an alluvial deposit. but also in some third person while they remain in possession of the leased premises and until they surrender possession t the landlord. 1997) 32. The northeast portion of the land of X is bounded by the Manila Bay.gov. June 30. because it is an accretion on a sea bank. In Frederico Geminiano. Albano Civil Law Reviewer pages271-273 28. or to assert a better title not only in themselves. as held by respondent Court. July 24. X bought the land of Y in installment basis payable in 5 years. (Heirs of Emiliano Navarro vs. There must first be an independent application for registration of the land. If there is an accretion formed. et al. (Maximo Jagualing. 20. 12. February 10. Manila Bay being an inlet or an arm of the sea. who owns the accretion? Why? The accretion belongs to the State. G. Albano Civil Law Reviewer page271 27. Albano Civil Law Reviewer page265 Albano Civil Law Reviewer page269 Albano Civil Law Reviewer page269 Albano Civil Law Reviewer pages269-270 24.judiciary. If it is a lessee.
actions to recover movables shall prescribe eight years from the time the possession thereof was lost. one who has lost any movable or has been unlawfully deprived thereof. 39. X is a co-owner of a real property with Y and Z. A. there must be unanimous consent of all the co-owners. 36. if the possessor of a movable lost or of which the owner has been unlawfully deprived. 42. A is the administrator of the property. 44. CA. What requirement is necessary before he can do so and before he can recover expenses? In order that a can make alterations. X saw the ring in Y’s possession. may recover it from the person in possession of the same (Article 559). The registration merely created a trust in favor of his co-owner (Article 1452). X. Y and Z are co-owners of a parcel of land. X was able to register the land under his name. Did his act of repurchase terminate the co-ownership? No. Within what period should X file the action to recover it? Eight (8) years. express consent must be given (Javier vs. Unanimous consent may be given impliedly. GR No 61584. 37. he merely acquired the right to be reimbursed for the amount equivalent to the shares of Y and Z. 264 Albano] 43. adverse possession for a period of time required by law. can X recover it? Yes. The said property was sold to A with a right to repurchase. When he acquired the whole property. The exception is when there is repudiation. under the law. 30. Under the law. as long as the co-ownership is expressly or impliedly recognized. L-46345. May prescription run against a co-owner? As a rule. 2) Evidence of repudiation and knowledge of others is clear and convincing. provided that the following requisites are present: 1) He must make known to the other that he is repudiating the co-ownership and claiming complete ownership of the entire property. 493). Suppose Y acquired it from a public sale or a merchant’s store. 25. He wants to convert it to a subdivision. because anyone of the co-owners may bring an action in ejectment. X. CA. B and C are co-owners of an agricultural land. But for the one making alterations to recover expenses. Jan. . Albano Civil Law Reviewer page281 34. X owns a diamond ring which was stolen by her maid who sold it to Y. 6 Phil. unless there is a judicial order obtained to the contrary. continuous. Only X exercised the right to repurchase and obtained a title over the property. 1990). and it did not give him title to the entire land subject of co-ownership. has acquired it in good faith at a public sale. Can he recover it? Yes. 1992) 40. 4) The period of prescription shall start to run only from such repudiation of co-ownership. provided that he complies with the requisite that he should reimburse the price paid by the possessor. Albano Civil Law Reviewer page285 35. no. 3) There is open. Javier. Under Article 1140. [p. Nov.33. The right of repurchase may be exercised by a co-owner with respect to his share. 41. (Paulmitan vs. the owner cannot obtain its return without reimbursing the price paid therefor (Article 559). What is the effect of the registration under his name? He does not acquire exclusive ownership over the property (Ceniza vs. May X alone sue A for ejectment? Why? Yes. 38. The reason for the rule is that an action instituted by one is really in behalf of all (Article 487). Y and Z are the co-owners of a house being rented by A. a friend of X.
If a person issues a check in payment of an obligation and the check bounces. In Ledesma vs. 86051. The subsequent dishonor of the check merely amounted to a failure of consideration which does not render the contract of sale void. . G.The same is true if the object was acquired from a merchant‟s store or in fairs or markets (Article 1505 ). 45. is the other party considered unlawfully deprived such that he can recover the object he delivered? He is not considered unlawfully deprived within the meaning of the law. The former voluntarily caused the transfer.R. but merely allows the prejudiced party to sue for specific performance or rescission of the contract and to prosecute the impostor for estafa under Article 315 of the Revised Penal Code. No. Title thereto was acquired. it was held that there was a perfected unconditional contract of sale between the seller and the buyer. September 1. 1992. CA.
his daughter continued possessing the property. par. 47. 1) 49. After his death. Will the bad faith of X be suffered by Y? . y. the present possessor may complete the period necessary for prescription by adding his possession to that of his grantor or predecessor in interest (Article 1138. Albano Civil Law Reviewer page306 48. X has been in possession of a property in bad faith.46. What is the principle of tacking of possession? It is the principle where in computing the time necessary for prescription.
as a rule. but the effects of possession in good faith shall not benefit him except from the date of death of the decedent (Article 534). if shown that he is in good faith. IAC. 1987. Albano Civil Law Reviewer page310-311 . 50. it was held that the reason for Article 534 is that bad faith is not transmissible to the heirs unless they know the flaw in one‟s title. In Escritor vs. November 12.No. because one who succeeds by hereditary title does not suffer the consequences of the wrongful possession of the decedent.
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