Sam Henderson O.

Lofranco

For workshop, begin answering the ff now:

1 Rosemary was walking on an alley on her way to work. She happened to have passed by on a garbage
bin and her attention was caught that a bag was on the garbage bin. She went near to the bin and saw a
Louis Vuitton bag. She picked it up and saw that it is still is perfect shape and condition and took it. Two
days after, Rosemary was surprised why policemen were looking for her and asking for the bag. It turned
out that the bag is an original Louis Vuitton Rivieraa MM that cost $1,810 and is own by one Grcace Sy.
Rosemary was charged with theft. As her defense, Rosemary interposed that bag is res nullius when she
picked it up from the garbage bin and could not be then liable of theft. Is the contention of Rosemary
tenable?

Yes, the contention of Rosemary is tenable. The point that the bag was found in the garbage bin, it
assumes that the owner of the bag abandoned the property. Thus, Rosemary is in good faith which it shall
not takes against her. Res nullius literally means nobody’s property or a thing which has no owner. If the
owner of a property abandons his/her property then that property is called res nullius. However,
Rosemary is oblige to return the said bag because she was benefitted in the burden of others.

2) The parish of St. Vincent in Batangas sold to Sy Corporation its antique retablo dating back to 18th
century and is made of silver and bronze for P10M. The Lay liturgical ministers of Batangas objected to
the sale alleging that the retablo is a sacred thing and is consecrated to God and therefore not
susceptible of appropriation and beyond the commerce of men. Rule on this claim.

The Lay liturgical ministers of Batangas of the antique retoblo being no susceptible and beyond the
commerce of men and is not tenable. The property is not considered as object to contract it must be
legally or physically impossible to do so like human body and public domininion. In this case, property
referred to consecrated to God is not beyond commerce of men and maybe subject of sale.

3) How does public property differ from common things or common property?

Public property differs from common things or common property in a way that the such property is govern
by the government, or the government has control over the property, The use and the purpose is within
the prerogative of the different institution authorized by the government, while the common property or
things is being available for men for its usage and enjoyment equally being communal to them. They
manage the property directly and jointly like in the community.

4) Give an example of an immovable divisible thing?

The best example of an immovable divisible thing is tenement, apartment or condominium. For the
building itself belongs to different owner even if they live in the same building. For its apartment or room
are divided into different owner who owned their respective tenancy, apartment or condominium in the
building.

5) Is a horse a divisible or indivisible thing?

A horse is indivisible thing, for the horse needs to be his whole body so that its function will not be
obstruct, the use of its whole is only effective. Unless, it was killed and divided into different parts which
costs the life of the horse. It will be divisible.
6) Is a horse classified as movable or immovable property?

It depends on the purpose of the horse. If the horse placed them or preserves them with the intention to
have permanently attached to the certain land and forming permanent part of it. It should be Immovable
property. If horse purpose is for transportation from place to place. It should be movable property.

7) Can a horse be classified as fungible or non-fungible thing?

It may be classified as non-fungible thing, they differ individually and cannot be exchanged for another.
They can be enjoyed or use as whole. For they have different value and is treated independently.

8) Are non-fungible things also non-consumable, true or false?

True, Non-fungible goods are often unique (persons, artwork, land, events,) limited in time or location or
source or accessibility, and generally, but not always, are not essential to life. Non fungible things are
independently different and cannot be exchanged to another for they have different value.

9) A seed of Tipolo tree was carried by a crow and which was dropped by the crow on the rooftop of a
house of Susie. Three months after, Susie discovered that a Tipolo plant is growing on the roof of her
house, how is the Tipolo plant classified, an immovable thing or movable?

The Tipolo tree is movable if the owner of the house intend to move the tree in his/her rooftop. Forces of
nature which are brought under control by science Trees grown from the rooftop will destroy the house
eventually. However, if the owner has no intention to move the tree in his/her rooftop. The Tipolo tree is
immovable property.

10) How do you classify the Oblation statute, which is a concrete statute by artist Guillermo E. Tolentino
located at the campus of the University of the Philippines and which is particularly installed in front of the
Quezon Hall at Diliman?

Oblation statute by Guillermo E. Tolention located at the UP is an immovable property. The Oblation
statues, or other objects use or ornamentation, placed in buildings or lands by the owner of the
immoavalbe in such manner that the intention reveals to attach them permanently tenements .

11) The original of the sculpture is said to be kept at the U.P. Diliman Main Library, in this case, how do
you classify the sculpture, movable or immovable? Explain.

In this case, the sculpture is immovable. Statues, reliefs, paintings or other objects for use or
ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it
reveals the intention to attach them permanently to the tenements.

12) How do you classify the Loboc River floating restaurants, immovable or movable, why?

Loboc River floating restaurant is an immovable property. Thus, the owner of the floating restaurant
intention is to have permanently attached to Loboc River which forms permanently part of it. Which also
gives the opportunity to the business to preserve and experience the beauty of nature, Loboc River.
Therefore, the Loboc River is an immovable Property.