LUMAGOD, CHRISTIAN D.

PROPERTY LAW 2-EXECUTIVE

PROPERTY EXEC CLASS QUIZ FOR SEP 29 SESSION

ANSWERS:

1. The statute of limitations did not run against the government. The
government is still the absolute owner of the land. Mateo’s possession of the
land has not been of such a character as to require the presumption of grant.
No one has ever lived upon it for many years and it was never used for
anything but pasture of animals, except insignificant portion thereof, and since
the insurrection against Spain it has apparently not been used by the
petitioner for any purpose. While the State has always recognized the right of
the occupant to a deed if he proves a possession for a sufficient length of time,
yet it has always insisted that he must make the proof before the proper
administrative officers and obtain from them his deed, and until he did the
State remained the absolute owner.

2. Mere recording of mining claim, without performing annual work obligation,

does not convert the land into mineral land. The recording only operates as
reservation to the registrant exclusive rights to undertake mining activities.
Thus, if no minerals are extracted therefrom, the land is not mineral land and
registration is not precluded by such recorded claim. Thus, in the case at
bench, the mining claimant, who had failed to comply with the annual
minimum labor requirement, could not, all the more, be expected to have
extracted minerals from the mining location. Utter lack of proof of even its
potential deposits on the part of the petitioner, thus, does not surprise us at
all.

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4. When the Constitution became effective on November 15, 1935, the location
of the mining claim under consideration was already perfected prior thereto. A
valid location of a mining claim has already segregated the area from the public
domain. The moment the locator discovered a valuable mineral deposit on the
lands located, and perfected his location in accordance to law, the government’s
power to deprive him of the exclusive right to the possession, and enjoyment is
gone. They became lands that could not be granted to any other person and by
such location and perfection, the land located is segregated from the public
domain even as against the Government. It has the effect of a grant by the
government the right of present and exclusive possession with the right to the
exclusive enjoyment of all the surface ground as well as the materials within.

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7. No, there was no delivery, physical or constructive, of the vehicle, thus, Bernal
did not come into possession of the vehicle that was supposed to be delivered to
them by Union Motor. The registration certificate, receipt and sales invoice that
they signed as a part of the processing and for the approval of their application
to buy the vehicle and without such signed documents, no sale, much less
delivery, of the vehicle could be made. The documents were not therefore an
acknowledgement of the physical acquisition of the vehicle but merely a
requirement of UMC so that the vehicle would be delivered to them. The receipt
and the invoice, the signing of the registration certificate was qualified by the fact
that it was a requirement for the sale to be approved. It is necessary that the act
of delivery, actual or constructive, should be coupled with the intention of the
delivering the thing and without such intention, there is no delivery.

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13. Option Contract is a contract granting a privilege in one person, for which
he has paid a consideration, which gives him the right to buy certain merchandise,
at any time within the agreed period, at a fixed price while Right of First Refusal
is a right of first priority all things and conditions being equal; there should be
identity of the terms and conditions to be offered to the optionee and all other
prospective buyers, with optionee to enjoy the right of first priority.

14. The condition to erect a school within six months is not a condition precedent.
The characteristic of a condition precedent is that the acquisition of the right is
not effected while said condition is not complied with or is not deemed complied
with. Nothing is acquired and there is only an expectancy of a right. When a
condition is imposed, the compliance of which cannot be effected except when
the right is deemed acquired, such condition cannot be a condition precedent. In
the present case the condition that a public school be erected and a public park
be made of the donated land could not be complied with except after giving effect
to the donation.

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