Bagares, Ariane_Teehankee

INSTRUCTION: ANSWERS WITHOUT EXPLANATION WILL NOT BE

GIVEN CREDIT.

1. Define or explain the following:

(a) Forcible entry (3%)
- Forcible entry is when a person is deprived of the
possession of any land or building by force, intimidation,
threat, strategy, or stealth. It is when a person builds a
structure inside your property without your permission
and consent.
(b) Unlawful detainer (3%)
-It is when the possession of any land or building is
unlawfully withheld from the owner or lessor after the
expiration of the contract or the termination of the vendee’s
right to hold possession. An example of an unlawful detainer
is when a contract of lease expires or is terminated without
the lessee/renter surrendering the possession of the
premises to the owner.
(c) Accion publiciana (3%)
- Accion publiciana is the plenary action to recover the
right of possession which should be brought in the proper
regional trial court when dispossession has lasted for more
than one year. It is an ordinary civil proceeding to determine
the better right of possession of realty independently of title.

(d) Accion reivindicatoria (3%)

-Accion reinvindicatoria is an action whereby the plaintiff
alleges ownership over a parcel of land and seeks recovery
of its full possession. It is a suit to recover possession of a
parcel of land as an element of ownership.

(e) Replevin (3%)

- Replevin is an action for the recovery of personal
property. It is both a principal remedy and a provisional
relief. When utilized as a principal remedy, the objective is to
recover possession of personal property that may have been
wrongfully detained by another.

(f) Regalian Doctrine (5%)

-Regalian Doctrine is a doctrine that dictates all lands of
the public domain belongs to the State, that the State is the
source of any asserted right to ownership of land and charged
with the conservation of such patrimony. All lands not
otherwise appearing to be clearly within the private
ownership are presumed to belong to the State. Thus, all
lands that have not been acquired from the government,
either by purchase or grant, belong to the State as part of
the inalienable public domain. It is up for the State to
Bagares, Ariane_Teehankee

determine and classify if lands of the public domain will be

disposed of for private ownership.

2. X owns a lot with a building constructed thereon. Can he

mortgage the building independently of the land? (5%)

-Yes, he can mortgage the building independently of the land.

A mortgage of a parcel of land includes the improvements
thereon in the absence of a stipulation on the improvement
thereon like a building, still a building by itself can be
mortgaged separately from the land on which it was built.
Although the building is an immovable property, such
mortgage for the building would still be a real estate mortgage
even if dealt separately and independently from the land.

3. A and B entered a contract of lease over a parcel of land.

The lessee placed a machine for the use of his saw-mill
business on the land belonging to the lessor. How do you
classify the machinery? (5%)
-Under Art. 415 par. 5 of the NCC, a machinery is an
immovable property, however, in the case at bar the
machinery is a movable property since it was placed by the
tenant and not by the owner. A machinery cannot be made
by one who is not the owner of the land which is immobilized
by destination.

4. May Machinery and equipment used for an industry and

indispensable for the carrying on of such industry be the
subject of replevin suit? (5%)
-Yes, a machinery and equipment used for an industry and
indispensable for the varying on such industry be the subject
of replevin suit. The contracting parties may validly stipulate
that a real property be considered as personal. After agreeing
to such stipulation, they are consequently estopped from
claiming otherwise then it may be a proper subject of a writ
of replevin. A machinery, which is movable in its nature and
becomes immobilized only by destination or purpose, may
not be likewise treated as such. contracting parties may
validly stipulate that a real property be considered as
personal.

5. Juliet saw his car that was lost three days ago in the
possession of Romeo, can Juliet recover the car from Romeo
by force? (5%)
-No, Juliet cannot use force to recover the car from Romeo
by force. Under Art. 429 of the NCC, it provides that “the
owner or lawful possessor of a thing has the right to exclude
any person from the enjoyment and disposal thereof. For this
Bagares, Ariane_Teehankee

purpose, he may use such force as may be reasonably

necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property.”
Here, the car has been lost for three days and the doctrine of
self help can only be exercised at the time of actual or
threatened dispossession which is absent in the case.
Therefore, Juliet must resort to judicial process for the
recovery of his car and cannot take matters into his own
hands for the recovery of such property.

6. A in bad faith constructed a house on B’s land without his

objection. After its completion B wanted to have the house
demolished contending that A was in bad faith. Is B’s
contention, correct? Why? (10%)
-No, the contention is not correct. In view of the foregoing,
both parties acted in bad faith which resulted in good faith.
The rights of the parties would then be governed by Art. 448
of the NCC. Article 448 of the Civil Code talks about a builder
in good faith. Under this article, the owner of the land on
which anything has been built, sown or planted in good faith,
shall have the right to appropriate as his own the works,
sowing or planting, after paying indemnity to the person who
had built on the owner’s land. The landowner may oblige the
builder, planter or sower to pay the proper rent. Both A and B
are in good faith which means that they acted without notice
on the encroachment or the fact that another person owns the
land on which the structure is built. Therefore, B’s contention
is incorrect.

7. Romeo by chance discovered hidden treasure on the land of

his wife Juliet. Who owns the treasure? (5%)
-In view of the foregoing, the owner of the treasure is Juliet.
Under Art. 438 of the NCC, if found by the owner in his or her
own property, the treasure will belong to him alone. He need
not even find it by chance. Here, the owner of the property
which is Juliet shall own the treasure in accordance with
Article 437 which relevantly provides that “the owner of a
parcel of land is the owner of its surface and of everything
under it, and he can construct thereon any works or make
any plantations and excavations which he may deem proper,
without detriment to servitudes and subject to special laws
and ordinances. He cannot complain of the reasonable
requirements of aerial navigation.” Therefore, Juliet owns the
treasure.

8. Romeo owns a parcel of land. Juliet built a house on it.

The land is worth 2M. The house is worth P 600,000.00.
Bagares, Ariane_Teehankee

Juliet is a builder in bad faith. Can Romeo compel Juliet

to buy the land? (10%)
-Yes, Romeo can compel Juliet to buy the land. Under Art.
450 provides that the “owner of the land on which anything
has been built, planted or sown in bad faith may demand the
demolition of the work, or that the planting or sowing be
removed, in order to replace things in their former condition
at the expense of the person who built, planted or sowed; or
he may compel the builder or planter to pay the price of the
land, and the sower the proper rent.” Here, Juliet is the
builder in bad faith, thus Romeo can compel her to buy the
land or demand demolition of the said house.

9. X, Y and Z are co-owners of a house being rented by A. May

X alone sue A for ejectment? Why? (5%)
-Yes, A alone may sue A for ejectment. Under Art. 487, “any
one of the co-owners may bring an action in ejectment.”
One co-owner can file the case of ejectment because it is for
the benefit of the co-ownership. The other co-owners need
not join or be impleaded as necessary party. X alone may
sue A being the third person as provided in Art. 487 of the
NCC. Therefore, X alone can sue A.
10. A and B each owns separate parcels of land on opposite
sides of a river. The river changes its course and passes
through D’s land not adjoining A’s or B’s land. As a result of
this change of course, Ds lost 10 hectares of his land.
Assuming that the area of the abandoned riverbed between
the lands of A and B is also 10 hectares, who is entitled to
the accession? Why? (10%)

-In view of the foregoing, D is entitled to the accession. Under

Article. 450 of the NCC, whenever the current river, creek or
torrent segregates from an estate on its bank a known
portion of land and transfer it to another estate, the owner of
the land to which the segregated portion belonged retains the
ownership of it, provided that the owner removes the same
within two years. In the case at bar, the portion of land was
formed through alluvium, but later was abruptly segregated
through by the movement of the current. Therefore, D is
entitled to the accession.

11. Why does the law vest automatically the ownership

of the accretion to the riparian owner? (5%)

-In a decision of the Supreme Court to the case of Agustin

vs. IAC G.R. Nos. 66075-76, July 5, 1990, it was held that
“The reason for this rule is because if lands bordering on
streams are exposed to floods and other damages due to the
Bagares, Ariane_Teehankee

destructive force of the waters, and if by virtue of law they

are the subject to encumbrances and various kinds of
easements, it is only just that such risks or dangers as may
prejudice the owners thereof should in some way be
compensated by right of accretion.”

12. In action to quiet title, what is the task or duty of the

Court? (5%)
- The remedy of quieting of title is governed by Article 476
and 477 of the Civil Code, which state:

“Art. 476. Whenever there is a cloud on title to real property

or any interest therein, by reason of any instrument, record,
claim, encumbrance or proceeding which is apparently valid
or effective but is in truth and in fact invalid, ineffective,
voidable, or unenforceable, and may be prejudicial to said
title, an action may be brought to remove such cloud or to
quiet the title.

An action may also be brought to prevent a cloud from being

cast upon title to real property or any interest therein.

Art. 477. The plaintiff must have legal or equitable title to, or
interest in the real property which is the subject-matter of the
action. He need not be in possession of said property.”

In an action for quieting of title, the subject matter is the title

sought to have quieted. “Title” is not limited to the certificate
of registration under the Torrens System. Pursuant to Article
477 of the Civil Code, the plaintiff must have legal or equitable
title to, or interest in, the real property subject of the action
for quieting of title. The plaintiff need not even be in
possession of the property. Specifically, an action for quieting
of title is essentially a common law remedy grounded on
equity. The competent court is tasked to determine the
respective rights of the complainant and other claimants, not
only to put things in their proper place, to make the one who
has no rights to said immovable respect and not disturb the
other, but also for the benefit of both, so that he who has the
right would see every cloud of doubt over the property
dissipated, and he could afterwards without fear introduce the
improvements he may desire, to use, and even to abuse the
property as he deems best.
Bagares, Ariane_Teehankee

13. A lot containing an area of 1,500 square meters located

in Purok Manga, Iligan City is owned in common by five
persons. One of the co-owners asked for a physical
segregation of his 1/5 share. The four co-owners objected on
the ground that the lot being commercial, its value would be
greatly impaired should there be a physical partition. Decide.
(10%)
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