LAW ON PROPERTY

MIDTERM EXAMINATION

Instructions:

- Answers must be handwritten.

- On top of the answer sheets shall indicate the following:

1. Name
2. Subject Code

- Scan/photograph of the answers shall be submitted to allaincudal@yahoo.com

within five minutes after 7:30 p.m.

- If you finished the examinations before 7:30 p.m., submit the answers and leave
the class.

a. Property may be classified as movable or immovable. What is the

importance of the classification of property? (7%)

b. Juan Bacnang barrowed P100,000.00 pesos from Dante Castro. To secure

the loan, Bacnang mortgage his 10-ton metal molding machine which is installed
and presently used by Bacnang in his metal molding business. After the
expiration of the period within which Bacnang must pay his obligation and
despite demand by Dante Castro, Bacnang failed to pay.

Thereafter, Castro filed a case for replevin in order to possess the mortgaged
metal molding machine. If you are to decide the replevin case, will you grant the
prayer of Castro? If not, what is the ground/s to deny the replevin? Will your
answer be the same if Castro posted a bond double the value of the metal
molding machine? (15%)

c. Distinguish an action for forcible entry from unlawful detainer. (10%)

d. When is there a disputable presumption of ownership? What is the benefit

of being declared as the presumptive owner? (8%)
e. Susan Kunot is the registered owner of a parcel of agricultural land in
Mamasapano, Maguindanao which she leased to Mang Kanor for P25,000.00 a
year.

The Province of Maguindano moved to expropriate the land of Susan Kunot to

be made as the public hospital site. In accordance with Section 19 of the Local
Government Code, the Province of Maguindanao took immediate possession of
the property upon filing of the expropriation case and making a deposit of 15%
of the fair market value of the property.

Mang Kanor, while preparing to leave the property and collecting his farm
implements happened to discover a wooden chest buried on a shallow ground.
Upon opening the chest, he saw 100 pieces of old Spanish gold ring, 20 pieces of
Mindanao royalty necklace and several silver coins.

1. What is the legal definition of a “hidden treasure”? (5%)

2. Who owns the treasures found by Mang Kanor? Who shares the treasure
found by Mang Kanor? How much will Mang Kanor receive from the find?
(20%)

3. Will your answer for No. 2 be the same if the treasure was found, not by
Mang Kanor but by his mistress whom he secretly bring in the land of Susan
Kunot? (15%)

f. When is the land owner upon whose land something was built, planted or
sowed considered in “bad faith”? When is a builder, planter or sower on a land
owned by another acted in “good faith”? (8%)

g. What is the difference between avulsion and alluvium? (10%)

h. Bu-ang purchased subdivision Lot B. Instead of building on Lot B, Bu-ang

in good faith built a house worth P1,000,000,000.00 on Lot C, which is valued at
P10,000,000.00 belonging to Mario Bruno and without Mario Bruno’s
knowledge. (20%)

1. Who has the preferential right of consolidating ownership on both land and
building?
2. May Mario Bruno compel Bu-ang to remove the house?
3. May Mario Bruno compel Bu-ang to buy the land?
 4. If Bu-ang agrees to pay Mario Bruno for the latter’s land but fails to comply,
may Mario Bruno demand removal of the house?
5. Before settlement is reached between Bu-ang and Mario Bruno, may Mario
Bruno demand rental for the land?

i. What are the tests to determine whether a thing is the principal or the
accessory in case two or more things, owned by different persons, were
incorporated together to form a single object? (5%)

j. What are the importance of knowing the ownership of the principal thing or
the accessory? (5%)

k. In quieting of title cases, when is there a “cloud” on title to real property?

(10%)

l. On July 3, 2000, Alvin Locsin, Remy Locsin and Jodi Locsin inherited
from their father a three door apartment. Out of their love for each other, in a
public instrument, they agreed not to partition the same until November 4, 2010.

Alvin Locsin occupies apartment number 1, Remy Locsin apartment number 2;

whereas, Jodi Locsin, before leaving for the United States leased apartment
number 3 to Dencio Romulo with agreement that he remit the rent to Alvin
Locsin. For failure to pay rent for the past five months, Remy Locsin filed a
case for ejectment against Dencio Romulo. Densio Romulo prayed for the
dismissal of the case on the ground that Remy Locsin has no cause of action
against him since his lessor is Jodi Locsin and not him. Also, since the
agreement of Alvin, Remy and Jodi not to partition the property until November
4, 2010 is void, will make Jodi Locsin as the absolute owner of apartment
number 3. Hence, only Jodi Locsin can file a case against him pertaining to the
rented apartment. Is Densio Romulo correct? (15%)

m. Boy and Vice inherited from their father a parcel of land in Guimba, Nueva
Ecija in September 6, 1980. Boy constructed a house in the said parcel of land
while Vice went to Manila to try his luck in show business. For the past five
years after inheriting said parcel of land, Vice has not paid for its upkeep, taxes
and other necessary expenses for the preservation of the property. This forced
Boy to renounce the co-ownership by sending a notice to Vice on January 1,
1985 of such renunciation.
Since January 1, 1985, Boy have been paying the taxes accruing the land. On
June 6, 2012, Boy rented the land to Simeon Peru. He then left the land and live
in a house in a neighboring barangay.

On August 2, 2015, Vice returned from Manila to claim his co-ownership over
the subject land. Vice demanded Simeon Peru to vacate the premises. Boy,
upon learning this, contended that he already owned the entire land by
renunciation of the co-ownership and prescription. Vice countered Boy’s claim
stating that: (a) the renunciation by Boy of the co-ownership is not effective, and
that (b) prescription did not lie since Boy was not able to effectively and
continuously possess the land for 30 years when he left it to live in the
neighboring barangay. Decide. (15%)