I.

A. Differentiate possession and occupation. (5%)

B. Differentiate easement from usufruct? (4%)

C. What are the specific rights of a builder in faith in case the landowner is
also in bad-faith? (6%)

II.

Marciano, who has been residing abroad, is the owner of a parcel of land
through which a river runs out into the sea. The land had been brought under
the Torrens System. Over the years, the river has brought silt and sediment
from its sources up in the mountains and forests so that gradually the land
owned by Marciano increased in area by three hectares. Unknown to Marciano,
Ulpiano built three huts on this additional area, where he and his two married
children live. On this same area, Ulpiano and his family planted peanuts,
monggo beans and vegetables. Ulpiano also regularly paid taxes on the land, as
shown by tax declarations, for over thirty years.

When Marciano learned of the increase in the size of the land, he demanded
Ulpiano to vacate the lot, demolish the huts, and pay his share in the proceeds
of the harvest. Marciano claims that under the Civil Code, the alluvium belongs
to him as a registered riparian owner to whose land the accretion attaches, and
that his right is enforceable against the whole world. Who, between Marciano
and Ulpiano, is correct? Explain. (5%)

III.

Alex died without a will, leaving only an undeveloped and untitled lot in Taguig
City. He is survived by his wife and 4 children. His wife told the children that
she is waiving her share in the property, and allowed Bobby, the eldest son
who was about to get married, to construct his house on ¼ of the lot, without
however obtaining the consent of his siblings. After settlement of Alex's estate
and partition among the heirs, it was discovered that Bobby's house was
constructed on the portion allocated to his sister, Cathy asked Bobby to
demolish his house and vacate the portion allotted to her. In lieu of demolition,
Bobby offered to purchase from Cathy the lot portion on which his house was
constructed. At that time, the house constructed was valued at P350.000.
What are the respective rights of Cathy and Bobby? (10%)

IV.
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Anthony bought a piece of untitled agricultural land from Bert. Bert, in turn,
acquired the property by forging Carlo's signature in a deed of sale over the
property. Carlo had been in possession of the property for 8 years, declared it
for tax purposes, and religiously paid all taxes due on the property. Anthony is
not aware of the defect in Bert's title, but has been in actual physical
possession of the property from the time he bought it from Bert, who had never
been in possession of the property. Anthony has since then been in possession
of the property for three years.Did Anthony acquire ownership of the property?
(5%)

V.

The properties of Jessica and Jenny, who are neighbors, lie along the banks of
the Marikina River. At certain times of the year, the river would swell and as
the water recedes, soil, rocks and other materials are deposited on Jessica's
and Jenny's properties. This pattern of the river swelling, receding and
depositing soil and other materials being deposited on the neighbors' properties
have gone on for many years. Knowing his pattern, Jessica constructed a
concrete barrier about 2 meters from her property line and extending towards
the river, so that when the water recedes, soil and other materials are trapped
within this barrier. After several years, the area between Jessica's property line
to the concrete barrier was completely filled with soil, effectively increasing
Jessica's property by 2 meters. Jenny's property, where no barrier was
constructed, also increased by one meter along the side of the river.

A. Can Jessica and Jenny legally claim ownership over the additional 2
meters and one meter, respectively, of land deposited along their
properties?(5%)

B. If Jessica's and Jenny's properties are registered properties, will the

benefit of such registration automatically extends to the increased area
of their properties? (5%)

VI.
Don was the owner of an agricultural land with no access to a public road. He
had been passing through the land of Ernie for over 20 years. Subsequently,
Don subdivided his property into 20 residential lots and sold them to different
persons. Ernie blocked the pathway and refused to let the buyers pass through
the land.

A. Did Don acquire an easement of right of way? Explain. (5%)

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B. Suppose Ernie’s land and the subdivided agricultural lands were both
owned by Don, can Don blocked the pathway and refused to let his
buyers pass through the land? (5%)

VII.
Suppose a squatter’s hut was built on A’s land. Can A abate extra-judicially the
squatter’s hut on the ground that it is a nuisance? (5%)
VIII.
Mike built a house on his lot in Pasay City. Two years later, a survey disclosed
that a portion of the building actually stood on the neighboring land of Jose, to
the extent of 40 square meters. Jose claims that Mike is a builder in bad-faith
because he should know that boundaries of his lot and demands that the
portion of the house which encroached on his land should be destroyed or
removed. Mike replies that he is a builder in good faith and offers to buy the
land and occupied the building instead.
A. If you were the lawyer of Jose, what action will you file against Mike?
(5%)

B. If you were the judge, will you consider the Mike a builder in good faith
or bad faith? (5%)

C. If you were the judge, will you grant Mike’s request to buy the land
occupied by the building? (5%)
IX.
For many years, the Rio Grande river deposited soil along its bank, beside the
titled land of Jose. In time, such deposit reached an area of 1,000 square
meter. Ten years later, a big flood occurred in the river and transferred the
1,000 square meters to the opposite bank, beside the land of Agustin. The land
transferred in now contested by Jose and Agustin as riparian owners and by
Vicente who claims ownership by prescription. Who should prevail? (5%)
X.
Emma bought a parcel of land from Equitable-PCI Bank, which acquired the
same from Felisa, the original owner. Thereafter, Emma discovered that Felisa
had granted a right of way over the land in favor of the land of Georgina, which
had no outlet to a public highway, but the easement was not annotated when
the servient estate was registered under the Torrens system. Emma the filed a
complaint for the cancellation of the right of way on the ground that it had
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been extinguished by such failure to annotate. How would you decide the
controversy? (5%)
XI.
Demetrio knew that a piece of land bordering the beach belonged to Ernesto.
However, since the latter was studying in Europe and no one was taking care of
the land, Demetrio occupied the same and constructed thereon nipa sheds with
table and benches which he rented out to people who want to have a picnic by
the each. When Ernesto returned, he demanded the return of the land.
Demetrio agreed to do so after he has removed the nipa sheds. Ernesto refused
to let Demetrio remove the nipa sheds on the ground that there already
belonged to him by right of accession. Who is correct? (5%)
XII.
Rommel was issued a certificate of title over a parcel of land in Quezon City.
One year later, Rachelle, the legitimate owner of the land, discovered the
fraudulent registration obtained by Rommel. She filed a complaint against
Rommel for re-conveyance and caused the annotation of a notice of lis pendens
on the certificate of title issued to Rommel. Rommel now invokes the
indefeasibility of his title considering that one year has already elapsed from its
issuance. Will Rachelle’s suit for re-conveyance prosper? (5%)
XIII.

Manuel was born on 12 March 1940 in a 1 000-square meter property where

he grew up helping his father, Michael, cultivate the land. Michael has lived on
the property since the land was opened for settlement at about the time of the
Commonwealth government in 193 5, but for some reason never secured any
title to the property other than a tax declaration in his name. He has held the
property through the years in the concept of an owner and his stay was
uncontested by others. He has also conscientiously and continuously paid the
realty taxes on the land.Michael died in 2000 and Manuel - as Michael’s only
son and heir -now wants to secure and register title to the land in his own
name. He consults you for legal advice as he wants to perfect his title to the
land and secure its registration in his name. What do you have to prove to
secure Manuel's objectives and what documentation are necessary? (5%)