2019133218

Property Finals-2B

a. Article 525 of the New Civil Code provides for the definition of possession in the
concept of an owner. It provides that the possessor is believed by others as the owner
through his actions, whether or not he has acted in good faith or bad faith. The possessor
in this case is presumed to only possess just the title.

The same provision gives the definition of possession the concept of the holder. Here, the
possessor holds the property merely to keep or enjoy the same. The ownership of the
property pertains to another person. An example of this would be usufructuary with
respect to the thing itself.

a. Tacking of possession refers to the process whereby an individual in adverse possession

of a real property adds his own period of possession to the period of possession of a
former adverse possessor. It must be proven that the possessor’s occupancy must be
continuous, regular, and uninterrupted for the full statutory period in order for the title of
the property to be vested to the adverse possessor.

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a.
1. Article 488 of the New Civil Code provides for the expenses for preservation of
the property in a co-ownership. The law provides that a co-owner has the right to
compel the other co-owners to share in the expenses of preservation. This law
only covers necessary repairs or expenses
2. Article 492 of the New Civil Code provides for rules on the administration of a
property in a co-ownership. An act of administration pertains to the management
of the property and useful expenses. The law provides that when dispute arises in
the administration of the subject property, the financial majority must be
followed. If the resolution of the majority is prejudicial to co-owners, then the
court shall settle such measures and appoint an administrator.
3. Article 487 of the New Civil Code states that each co-owner may bring an action
for ejectment. This action covers forcible entry, unlawful detainer, accion
publiciana, quieting of title, accion reivindicatoria and replevin.
4. Alteration involves a change in the purpose or function of a property or a change
that prejudices the condition of the thing or its enjoyment by others. In alterations
the change is more or less permanent. Article 191 of the New Civil Code provides
that all co-owners must consent before an alteration can be made.
 b. I enjoyed the process of making our report on easements. The topic is very applicable
in actuality and disputes when it comes to this topic often arise. I enjoyed working with
my partner and recording the voice-overs in the short animation we were able to make. It
allowed me to use my creativity in law school. It’s too bad that we were not able to see
Dean’s reaction to our animation but we really hope you liked it sir! I will never forget
my first recitation in this class. I was among those who were called first. I did not know
the answer to the question before I was called. Luckily my classmate was able to recite
well and I knew the answer to the next question on donations.

a. From:

Aira [Last Name]

[Address]

January 20, 2020

Dear Zina,

I, Aira [Last Name], am writing this demand letter as my LAST NOTICE for: the
payment of the monthly rentals for the condominium unit you are renting at Forest
Homes, SMBA, from January 2019 to February 2020 in the amount of Php 10,000 for
every month.

If there is no response to this demand letter by February 20, 2020, all legal rights shall be
explored, including but not limited to, legal proceedings necessary in accordance with the
State laws.

This notice of demand serves as official notice to you and may be tendered in court as
evidence of your failure to cooperate.

We hope to resolve this matter as soon as possible.

Sincerely,
Aira [Last Name]

b. The best way in order to eject Zina from the unit is to bring up an action against her.
Because Zina is using the property to the prejudice of Aira, the best remedy is accion
 interdictal, specifically that of an unlawful detainer. This is the remedy in order to
recover the subject property. This action must be brought within one year from the last
demand letter.
c. Zina may apply for an appeal bond or a supersedeas bond. This is a type of surety court
bond required when the defendant wants to appeal a ruling to higher court. It delays the
payment of a judgement.
d. She must deposit the amount that would equate to paying the back rentals or the
compensation for the use and occupation of the condo unit, plus damages and the costs
which accrued from the start of the proceeding to the time of the judgement.
e. No. A supersedeas bond can only be applied for once. Once the RTC affirms the decision
of the MTC, Zina can no longer enjoy the provision regarding the stay of execution

a. Yes. Lana can claim prescription as the basis of her ownership if she has proven to have
extraordinary possession of the property. In extraordinary acquisitive prescription the
ownership over an immovable property is acquired through uninterrupted possession of
the property for 30 years without the need of title or good faith.

b. Pursuant to Article 438 of the New Civil Code, the State has the right to acquire the
golden salakot in exchange for a just price. The State will purchase the golden salakot
from Roger because he is the owner of the property where the hidden treasure was found
and if Antonio was either trespassing or was hired. If Antonio was hired, he would only
receive his fixed salary. If he was trespassing then he has no rights to the salakot. If
Antonio found the salakot because he was digging with the permission of Roger, then
they would have a 50-50 sharing of the just compensation the State would provide for the
salakot.

The actuation of Doris is legal provided that the construction on her land does not change the
course of rain waters which may lead to damage of third persons. Article 508 of the New Civil
Code provides that the ownership of the beds of rain waters does not give the owner the right to
make constructions which would change the course of the water and would lead to damage of
third persons in case it floods.

In this case Doris must prove that adding 100 truckloads of grava, sand, and garden soil will not
cause damage to third persons even if it floods. If proven so, then the actuation is legal since she
owns the subject property.
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a. Yes. Zai can secure a right of way under these circumstances if it is proven that she has
no access to a public highway. Article 649 of the New Civil Code provides for the
requisites which entitle a person to secure a right of way. First, that an owner of an
immovable is surrounded by other immovables belonging to other persons, and that the
person is without access to a public highway.

If Tonio and Sandra have constructed immovables in their portions of land which restrict
Zai from accessing a public highway, then Zai could secure a right of way.

b. The same article provides that the indemnity given to the owners of the servient estate
consists of the payment of the damage caused by such encumbrance. If the easement
establishes a permanent passage, then the indemnity consists of the value of the land
occupied by the same.

a. A possessor in bad faith has no right of retention, nor does he have the right to demand
refund for expenses. Pursuant to Article 546 and 547, useful expenses are refunded only
to the possessor in good faith.
b. No. The defendant is not correct. Because he was a possessor in bad faith, he is not
entitled to the right of retention. Article 546 of the New Civil Code provides that only the
possessor in good faith may retain the thing until he has been reimbursed therefore.

a. Tirso’s action is inconsistent with the law. Article 457 of the New Civil Code provides
for the requisites of accretion. First, the deposit of soil must be gradual and
imperceptible, second, alluvium is made through the effect of the current of the water,
and lastly, the land where the accretion takes place is adjacent to the banks of the river.
Because Tirso’s lot is three blocks away from the river bank where the accretion attaches,
then it cannot be adjacent to the banks of the river. Therefore, because the third requisite
is lack, then Tirso’s action will not hold.
b. According to Article 457, Rudy becomes the owner of the soil deposit because he is
considered the riparian owner. A riparian owner is the owner of the land adjoining banks
of a river. Therefore, the has the right to enjoy, right to the fruits, right to dispose, right to
possess and right to the accessories of the property
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a. No. Rica cannot accept the donation through email. Article 749 of the New Civil Code
requires that a donation of an immovable is made in a public document. It may be made
in the same deed of donation or in a separate public document. In this case, an email will
not serve as a public document, therefore making the donation of the land invalid.
b. Yes. Rica’s father may accept the donation provided that he is duly authorized by Rica to
do so and that there is notification and notation of the donation. Pursuant to Article 747,
persons who accept donations in representation of others who may not do so must make
notification for the donation of an immovable to be valid.
c. No. Rica can only accept the donation while Tom is alive. Article 749 of the New Civil
Code provides that the acceptance may be made but its shall not take effect unless it is
done during the lifetime of the donor. The donor must be notified of the acceptance of the
donee in order for the donation to be valid.

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a. Pursuant to Article 545 to 548 of the New Civil Code, Santiago has the rights to the fruits
already received. He has the right to retain the chapel until he has been reimbursed
therefor. He also has the right to be refunded of the useful expenses regarding the subject
property. The possessor in good faith has the right to remove useful improvements
provided that it can be done so without damage to the principal thing.
b. If he is a possessor in bad faith, Article 549 of the New Civil Code provides that he shall
reimburse the fruits received and that which the true possessor could have received. He
has no right to be refunded for improvement for mere pleasure but he may remove the
objects provided that the property does not incur damages in doing so.