1.

State the primary importance of knowing how to properly classify properties into real or
personal properties?

ANSWER: Classifying the property into movable or immovable does not derive its importance from the
fact of its mobility or non-mobility but to the fact that different provisions of the law governs the
acquisition ,possession, disposition, , loss and registration of movables and immovables.

2. Trees, plants, machineries and tools, movable or immovable, real or personal, why?

ANSWER. Under the Civil Code, trees and plants are considered real property while they are attached to
the land or form an integral part of an immovable but they are considered personal property once they
are uprooted or detached from the land or do not form an integral part of an immovable like in the case
of timber land. Machineries and tools however are generally classified as personal property but
becomes real properties by destination or purpose as when they are placed by the owner of the
tenement, his agent or duly authorized representative in the building or land for industry or works as
essential and principal elements which tend directly to meet the needs of the said industry or works.

3. Give the four (4) categories to which a thing or an object is classified as immovable properties?

Answer: Under the Civil code of the Philippines the four categories to which a thing is classified as
immovable properties are:

a. By Nature – or that which cannot be carried from place to place;

4. Is a chattel mortgage constituted over a building on a rented land, valid, void or voidable?
Explain?

ANSWER. A chattel mortgage constituted over a building on a rented land is valid. Under a similar
case decided by the Supreme Court a building although a real property built on a rented land can be
a subject of a chattel mortgage provided that the parties to the contract so agrees and that no
innocent third party will be prejudiced. After agreeing to such stipulation, they are consequently
estopped from claiming otherwise

5. State the rule on accession natural concerning ownership over the young of the animal.

ANSWER: Under settled jurisprudence, by right of accretion, the owner of the female is also
considered as the owner of the young animal in absence of a proof to the contrary. This is in accord
with the maxim pratus sequitor ventrem or the offspsring follows the dam. This maxim is based on
two good reasons, first is that oftentimes it is not known who the male is and second for the owner
to recover his loss since during the pregnancy of the female, the owner is burdened by the expenses
and virtual uselessness of the animal.

6. State the rationale of the law that to the riparian owner shall belong the alluvial deposit brought
about by the current of the water of the river.

ANSWER: Under the law and jurisprudence, alluvial deposit brought about by the current of the
water of the river is given to the riparian owner for the following reasons. First: to compensate him
for the loss he may suffer due to erosion or the destructive force of the water and danger from
floods; Second: to compensate him because the property is subject to encumbrances and legal
easements; Third: in the interest of agriculture because he is in the best position to cultivate the soil
and lastly, since it cannot be said with certainty who is the owner of soil, it might as well be given to
him who can best utilize the property.

7. When the course of the river changes and several properties are affected thereby to whom does
the old abandoned bed belongs and to what extent? If its new owner decides to sell, who has
the priority to buy and how much is the price as fixed by law?

Answer: Under Art 461 of the Civil Code, the abandoned riverbed ipso facto belongs to the owners
whose land are occupied by the new course of the river in proportion to the area lost. If the new
riverbed occupies only one property, the whole of the old abandoned river bed belongs to the
owner affected by the new bed. If the new owner/s decides to sell the old abandoned bed the
owners of the land adjoining the old bed shall have the preferential right to acquire the same by
paying the value thereof which shall not exceed the value of the area occupied by the new bed.

8. By strong current of the river, a portion of A’s land was separated from its mass and on it stands
a mango tree with its fruits. The said land was attached to B’s property. To whom does the fruit
of the tree belongs? What should A as owner do to retain his ownership over the mango tree? Is
B entitled to any indemnity or reimbursement?

ANSWER: A is still entitled to the fruit of the tree. This is a case of avulsion and under the law on
avulsion the owner of the land segregated and transferred to another estate by strong current of
river, creek or torrents retains the ownership of it. By the rule on accession, A as the owner of the
land is also the owner of the tree and entitled its fruits. To recover ownership, A may uproot the
mango tree and transfer it to his property or remove the segregated land within the period of two
years to be able to retain his ownership of the mango tree otherwise B acquires ownership not only
of the tree but also of the land. B is not entitled to indemnity or reimbursement since this is not a
case of uprooted trees.

9. What rule will apply when both the owner of the land and the builder acted in bad faith? State
the principle upon which this rule is based upon?

Under the law, when both the owner of the land and the builder acted in bad faith they are to be
considered in good faith. This means that bad faith of one party cancels out the bad faith of another.
This principle is based on the doctrine of pari delicto which states that he who comes to court must
come with a clean hand.

10. Under Art 448 the landowner as the principal is given three (3) options over the thing built or
planted by one who acted in good faith. What are these three (3) options? Is the right to
appropriate absolute? Explain. May they agree on some other terms/arrangements in case of
disagreement. Why?

ANSWER: The options given to the landowner under Art 448 over the thing built or planted by
one who acted in good faith are first, to appropriate as his own the works, planting or sowing
after payment of the indemnity under Art 546 and 548, second, to compel the builder to buy the
land if it is not considerably more than the value of the property and obliged the sower to pay
the proper rent.
No, the right to appropriate is not absolute, under similar jurisprudence, he cannot exercise
such right if the said appropriation will render the whole building useless.
Yes, they can agree on some other terms or arrangements since the provision of this law is
merely directory and not mandatory. The article is applicable only if the landowner and the
builder cannot agree over their disputes.

11. If the landowner chooses to appropriate the building in accordance with Art 448 when it is
leased/rented to a third person who shall be entitled to the current rental? Why? How about
the previous rental may the builder retain it or shall be accountable to return it? Why?

The landowner shall be entitled to the current rental. Under the law and jurisprudence, the moment
the possessor is informed of a defect or flaw that exists in his title or mode of acquisition he is now
considered in bad faith, thus he is not entitled to the fruits. For previous rentals, the builder may
retain it and shall not be compelled to return said rents for during that period he is considered in
good faith. Under the law, a possessor in good faith is entitled to the fruits already received more so
with civil fruits that accrue daily.

12. Since the landowner does not like the building constructed on his land by the builder who
through negligence had constructed on the land of his neighbor, can said landowner demand for
its removal, demolition and restore his land in its former condition? Explain?
ANSWER. No, he cannot remove, demolished or restore his land in the former condition. Under
the law and jurisprudence, the said builder is still considered in good faith for it ruled that even
the best surveyor cannot determine with certainty the extent of his property by just examining
the title. Since the builder is in good faith, removal, demolition and restoration of the land in
former condition is not an option given to the landowner under Art 448. However, under the
law good faith does not necessarily exclude negligence, hence the builder or planter in good
faith can be compelled to pay for the damage done.

13. What are the essential elements of possession? When does an heir deemed to have acquired
possession over the property inherited by a decedent? Explain
 ANSWER: Under the law, the essential elements of possession are that there must be a holding
or control of a thing or right, , a deliberate intention to possess and the possession must be by
virtue of one’s own right.

14. Is right of possession synonymous with right to possession? Explain

ANSWER: No. The right to possession or jus possidendi is a right or incident of ownership like I
own a commercial building, therefore I am entitled to possess it while the right of possession or
jus possessionis is an independent right of itself or a right which is independent of ownership
like I am renting a commercial building, although I am not the owner I am entitled to possession
by virtue of the lease agreement.

15. A trespasser who found a hidden treasure over a land is not entitled to a share. Explain the
rationale of the law.

The law denies a trespasser a share on the hidden treasure found by him on another’s land to
serve as a punishment and penalty in order to discourage other person from intruding to one’s
property. This is to serve as deterrent because intrusion and unlawful usurpation of one’s
property will bring about disturbance of the peace.

16. When a hidden treasure is of interest to science and art is found on the land under usufruct,
who are entitled to share? What is the right of the state? If any? How about the usufructuary
does he have any share? Explain and qualify if necessary

ANSWER: Under Art 438 of the Civil Code, the owner of the land and the finder are entitled to
the equal share of the hidden treasure. Under the same provision of the Civil Code, when the
hidden treasure is of interest to science and art, the State may expropriate or acquire them after
payment of just compensation which shall be divided equally between the owner of the land
and the finder of the hidden treasure. The usufructruary is not entitled to a share in the hidden
treasure because under Art 566 he is considered a stranger unless he was the finder, in this case
he is entitled to the fifty percent and the naked owner the other fifty percent.

17. Will an action to quiet title applies when the real property or land involved is untitled,
unregistered under the Torrens System of Registration or Act 496? As an action does it
prescribe? Explain by stating your reason?

Yes, an action to quiet title applies when the real property or land involved is untitled and
unregistered under the Torrens System of Registration because “title” as used in the law means the
right to ownership or interest over the real property.

It depends. If the plaintiff is in possession of the property, the action does not prescribe because he
must be respected in his possession and may wait until his possession is disturbed or his title
attacked before taking steps to vindicate it. If the plaintiff is not in possession of the property, the
action may prescribe for he may be barred by laches. He may lose the ownership of the property by
prescription.
 18. Explain why avulsion is also known as delayed accession as compared to alluvium?

ANSWER: Avulsion is also known as delayed accession because the ownership of the segregated land will
only be transferred to the owner of the land where it was attached after two years unlike in alluvium
that the alluvial deposit ipso facto belongs to the owner of the land where it is attached or the riparian
owner.

19. In case of doubt whether alluvium or avulsion has occurred or when it cannot be determined
what process had taken place, how should it be resolved? Why?

The law provides that the process be resolved in favor of alluvium. The rationale for the said
decision is that in alluvium the owner of the soil deposited is readily identified while in avulsion
there is a need to wait for two years to determine ownership.

20. How are properties of the State classified? Is the classification the same with the classes of
properties owned by political subdivision? Explain

ANSWER: Under the Civil Code, the properties of the State are classified into PUBLIC DOMINION or
those properties of the state for public use, public service and for the development of national wealth
and PATRIMONIAL PROPERTY or those properties that to not belong to the first classification and held
by the state in its private capacity to meet economic ends.

No. the classification is different because under the law the properties of political subdivision is classified
into public use and patrimonial property and it also differ in the fact that the properties owned by a
political subdivision intended for public service are considered patrimonial property.