PROP FINALS (2017)

I. A, a sower who was in possession of B’s property in bad faith, was evicted from the property.
Accordingly, the fruits of the crops sown by A were turned over to B. Later, B found out that C was the
one who provided the seedlings and has actually sown the crops. C is now demanding for the price of
the seedlings and compensation for the labor. Decide with reasons.

II. In 2002, Juan sold the eastern two-thirds of his land to Jose who soon thereafter constructed a house
thereon. One year later, Jose cleared a path from his house crossing Juan’s retained land to a round
that abuts the western boundary of Juan’s land. This path is very convenient to Jose’s use of his land
and his family uses it daily. In 2016, Juan puts a barrier across the path. Jose has now brought an
action to have it removed. Decide with reasons.

III. Tony, who owns a 3-ha farm with a house, granted Rony the usufruct over it for 10 years. Unknown to
Rony, the entire property was mortgaged to Bony Bank as security for the loan obtained by Tony’s son,
Pony. After 2 years, Rony discovered that the loan was not being paid by Pony and the bank foreclosed
the property. Shortly thereafter, the property was sold by the bank in a public auction to Lony who
rejected Rony from the property. Discuss the rights of Rony. Answer with reasons.

IV. A owns an unregistered land in his town in Laguna. A however is residing in Manila so that eh entrusted
to his neighbor B the property. Accordingly, B was the one actually occupying it and planting crops
thereon for 12 years now. Unknown to A, B has declared the property for tax purposes and has since
been paying taxes on the property. When A learned of this he asked you what right does B have over
the property.

V. Grace owns a property where her house is located on its southern part with a window overlooking the
northern part and the plaza. Thereafter, she subdivided it and sold the northern half to Bessie. After 6
years, Grace learned that Bessie is intending to construct a condominium building consisting of 10
story on her property. Grace objected saying that it will block her view to the plaza. Is Grace’s argument
tenable? Answer with reasons.

VI. A owns a land adjoining the banks of Salog river in Sorsogon. As a result of the passing of a strong
typhoon an continuous torrential rains, the said river changed its course and the new course now
traverses his property. A would like to know whether or not he has a right to the abandoned river bed.
Answer with reasons.

VII. Roberto, in good faith, has purchased a diamond ring from Romulo, a friend of his. Romulo gave
Roberto an acknowledgement receipt. Later on, Rosauro identified the ring as one he lost about a year
ago. In the meantime, Romulo has disappeared. What advice would you give Roberto in reference to
Rosauro’s demand that the ring be returned or surrendered to him? Explain your answer.

VIII. Rina wrote a letter to Dina on December 1, 2016, in which the former stated that she is giving the latter a
gift of a certain sum of money which she may collect from the former on December 24, 2016. Dina
received the letter but did not respond. On December 24, 2016, Dina went to Tina who handed her the
sum as she had instructions from Rina to that effect. Does this gift produce legal effects? Reasons.
IX. Norma was the usufructuary for 5 years of an urban land owned by Normita together with a residential
house situated within it. On the 2nd year, the house was burned to the ground without Norma getting an
insurance against its destruction by fire and other disasters. On the 4th year, Normita rebuilt the house.

A. Can Norma claim a right as usufructuary over the new house? Explain fully.
B. Assuming instead that at the beginning of the 5-year period, Norma fails to give bond for the
properties subject of the usufruct, what is the effect of such failure? Explain.

X. Renato owns a neighborhood hardware store. He sells all kinds of construction materials and household
tools. In the aftermath of Typhoon Pepeng, many homeowners in the community are busy attending to
the repair of their homes and Renato’s store is deluge with customers. For facility and delivery to or bing
picked-up by customers, Renato piled infront of his store cement, galvanize iron including steal bars.
Tina, whose husband was abroad, went to Renato’s store to purchase some plywood. She brought along
her 2 small children that she asked to wait outside the store. While outside, her children climbed the pile
of cement. One of them fell, suffering broken bones and cuts from the galvanize irons. Can Tina sue
Renato for damages? Discuss fully.