Problem No.1.

As a general rule, any object or things which can be moved or carried from place to place are considered movable properties. 1.a. Machineries, tools and implements under condition set forth in art 41 , par , are considered and classified as immovable properties. !tate the e"ception and the e"ception to the e"ception. The exception is when said machineries, tools and implements are placed on the land or tenement by a tenant. (Davao Sawmill v. Castillo) The exception to the exception is when the tenant had promised to leave the machinery on the tenement at the end of the lease, or when he acted only as agent of the owner of the land. (Valde v. Central, s!pra). 1.b. #hat are the three $inds of fruits in law. #hen are they considered received% &"plain. (") The nat!ral fr!its # $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ (%) The ind!strial fr!its # $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ (&) The civil fr!its # $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 1.c. #hat do you understand by right of accession% 's it a mode of ac(uiring ownership% &"plain. 'ccession is the right which ownership of property gives over everything which the same prod!ces, or which is attached or incorporated thereto, nat!rally or artificially. (n )oo* ((( of the Civil Code, which deals with +different modes of ac,!iring ownership,-- the different modes are en!merated, namely. occ!pation, intellect!al creation, law, donation, s!ccession, tradition, as a conse,!ence of certain contracts, and prescription. (t will be noted that accession is not one of those listed therein. (t is therefore safe to concl!de that accession is not a mode of ac,!iring ownership. The reason is simple. accession pres!pposes a previo!sly existing ownership by the owner over the principal. This is not necessarily so in the other modes of ac,!iring ownership. Therefore, f!ndamentally and in the last analysis, accession is a right implicitly incl!ded in ownership, witho!t which it will have no basis or existence. Tr!ly, it is one of the attrib!tes or characteristics which will ma*e !p the concept of dominion or ownership. 1.d. ), owner of a piece of land.*, $nowing that he does not own nor have any right over the same had planted palay, before the palay co!ld be harvested, " appeared and claimed the same as owner of the land. #ho between " and y is legally entitled to the palay% #hat obligation and+or liability does " or y have to each other, if any% &"plain. / is entitled to the palay. 0 is a possessor in bad faith having sown the palay *nowing that he doesn-t have any right over the land. )y principle of accession, / owns anything which is attached to it. Since the crops here have not yet been gathered, 'rt. 112 sho!ld apply. 3ere the landowner gets the fr!its without indemnity by the principle of accession continua. 0 sowed in bad faith on the land of /. Th!s, 0 loses what is sown without right to indemnity. Problem No. ,. -o the owner of the principal belongs its accessory. ,.a. . and # are husband and wife. #ith the use of their conjugal funds, they built their residential house on the land which was donated to . by his parents when they were already married. #ho is the owner of the house built on the land% &"plain and (ualify your answer if necessary. The con4!gal partnership owns the residential ho!se b!ilt on the land donated to 3 by his parents. 3ad it been that the land was donated to 3 prior to his marriage with 5,

the ho!se wo!ld have been his separate property being an accessory to the principal, the land. S!ch wo!ld be in consonance with the principle of accession. ,.b. #hen the owner of the land acted in good faith, the builder also acted in good faith, who is legally entitled to the building constructed thereon% &"plain what are the rights and obligations, if any. )oth the landowner and the b!ilder are in good faith so 'rticle 116 will apply. This provision of law entitles the landowner to & options. 7irst, he may appropriate the land as his own !pon payment of proper indemnification. Second, he may compel the b!ilder in good faith to b!y the land !nless the land is considerably more than the price of the b!ilding. Third, $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$. (t m!st be noted that these options are for the landowner to choose from. Sho!ld he opt his first option, the obligation is t!rned into monetary in nat!re. 's s!ch, he m!st pay the b!ilder 4!st compensation. 8ending payment, the b!ilder has the right of retention. 9n the other hand, if the landowner opts the second choice, the b!ilder planter has to pay. 7ail!re to do so will give the landowner the right to demolish the property or sell the property whose proceeds will be !sed to satisfy the cost of the land, firstly, and the b!ilding, secondly. ,.c /nder the same circumstances above stated, if the owner of the land does not e"ercise his option granted by law, can the land owner demand for the removal and+or demolition of the building constructed on his land% &"plain. The law will only compel the landowner to ma*e a choice. Said demand for demolition can only effect if he has chosen to compel the b!ilder to b!y the land and the latter has failed to pay. ,.d. #hat $ind of e"penses and the rationale of the law allowing a possessor+builder or planter who acted in bad faith be entitled to reimbursement% 's he also entitled to reimbursement of e"penses which are purely lu"urios% &"plain. ' possessor or b!ilder in bad faith is entitled to reimb!rsement of necessary expenses. The rationale is that he is already penali ed with the loss of right of retention. 3e is however entitled to reimb!rsement of expenses which are p!rely l!x!rio!s or merely pleas!re. This is if he chooses to remove the ob4ects(repairs on b!ildings) provided the things s!ffer no in4!ry thereby, and that the lawf!l possessor does not prefer to retain them by paying the val!e they may have at the time he enters into possession. Problem No.0. 'n a usufruct, the na$ed owner retains ownership over the object of usufruct. 0.a. . and # are husband and wife. After their de facto separation, # was granted a usufruct over a residential house constructed on the land excl!sively owned by 3. 1y sheer luc$ and good fortune, # found a hidden treasure while e"cavating on the land. #ho is the lawful owner of the treasure% &"plain. 3 is the lawf!l owner of the treas!re b!t 5 is entitled to : of the treas!re as the finder. This is of co!rse witho!t pre4!dice to any agreement made before sho!ld 5 be really a finder of a treas!re on the land. 0.b. !upposing the house was struc$ by a lightning and was totally burned to the ground, is the usufruct e"tinguished% &"plain and (ualify your answer if necessary. 22222222222222222222222222222222222222222222222222222222222222222

0.c. #hat is (uasi usufruct, what is its nature% &"plain. ;!asi#!s!fr!ct is another instance of abnormal !s!fr!ct. (ts form and s!bstance is not really preserved. Th!s, this is really a S(<8=> loan. The !s!fr!ct!ary (debtor#borrower) can !se them (as if he is the owner, with complete right of pledge or alienation). )!t at the end of the !s!fr!ct, he m!st pay the '88?'(S>D val!e (if appraised when first delivered) or, if there was no appraisal, ret!rn same *ind, ,!ality, and ,!antity 9? pay the price c!rrent at the termination of the !s!fr!ct (therefore not at the original price or val!e). 0.d. 'n a usufruct, does the na$ed owner have the right to sell the property even without the consent of the usufructuary% 3an a usufructuary have also the right to dispose or alienate his right without the consent of the na$ed owner% &"plain and (ualify your answer. 0es, the na*ed owner has the right to sell the property even witho!t the consent of the !s!fr!ct!ary. (t is so provided that s!ch action will not pre4!dice the right of the !s!fr!ct!ary d!ring the period of the !s!fr!ct. 9n the other hand, a !s!fr!ct!ary also has the right to dispose or alienate his right, only, even witho!t the consent of the na*ed owner. (t m!st be reiterated that after all, he is only going to alienate his right and not the property which may only be disposed of by the na*ed owner. Problem No. 4. 4onation intervivos to be valid must be accepted by the donee during the lifetime of the donor. 4.a. 4aniel donated five million pesos to his !nborn child of his pregnant girlfriend $aterina, which the latter accepted. 5n her sixth month of pregnancy, a son was born and lived for twenty two ho!rs only. #as the donation valid, void, or voidable% &"plain. The donation is void. The s!pposed donee has an intra#!terine life of less than seven months and he lived for less than twenty#fo!r. Sho!ld he have lived for at least twenty fo!r ho!rs, the donation wo!ld have been valid. 4.b. !ir 3hief gave Maya as a gift an iphone worth 06,777 which Maya, though with great hesitation accepted. #hen !ir 3hief discovered that Maya has a boyfriend named !imon, he wanted to ta$e bac$ the iphone. #as the donation valid or void whereby its donor can legally get bac$ the iphone% &"plain. 45NA-'5N 58 P&9!5NA: P95P&9-*% 2222222222222222222222222222222222222222222

4.c. A, through a public instrument, donated a parcel of land to 1 which the latter accepted and communicated his acceptance to the donor. -wo days after, A sold the same land to 3 who, without registering the 4eed of !ale with the 9egistry of 4eeds instead too$ possession and occupy the land without any $nowledge of the donation previously made to 1. #ho between 1 and 3 has the preferential right over the land% &"plain. ' has the preferential right over the land as the donation was made thro!gh a p!blic instr!ment. S!ch donation transferred both ownership and possession of the property. C has a wea*er claim for he can only prove possession thro!gh occ!pancy witho!t any title at all. 4.d &"plain the right of accretion as understood in the law on donation. ?ight of accretion as it is !nderstood in the law of donation refers to the right granted by law to one of the donees in a 4oint donation who died ahead of the donor (which means he pre#deceased the donor) or one of the donees who is incapacitated to

receive donation or a donee or one of the donees who rep!diates the donation. )y right of accretion, his share goes to his co#donees. (f there are & donees and one ref!ses, his share goes to or in!res to the benefits of his co#donees. (f there are two donees and one is dis,!alified, then the whole property goes to the other donee. Problem No. . &asement is an encumbrance imposed upon an immovable for the benefit of one or more person or for another immovable belonging to different owners. .a. &"plain why an easement of road right of way cannot be ac(uired by prescription but only by title. 4'!35N-'N5/4! APPA9&N.b. #hat period of time fi" by law in order that easement or right of servitude be deemed ac(uired and when should said period be rec$oned from% 17 *&A9! .c. #hat are the accessory easements included in easement of view% .d. #hat is a personal easement% 's it synonymous with legal easement% &"plain.