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Distinguish the following concepts possession v occupation

Answer
Occupation can take placeonly with repect ot property witout an nowner while
possession can refer to all kids ofproperty, whether with owner or withut owner.
Occupation itself, wen prper confers ownersihp but pssession does not by itself give
rise to ownership.

b. Illegal and impossible ocnditionsin a simple donation v illegal and impossible


conditions in an onerous donation (5%)
Answer
Illegal and impossible conditions in a simple donation are onsidered as not written.
Such conditios shall, therefore, be disregarded but the donation remains valid
(Article 727 NCC).

On the other hand, illegal and impossible conditions imposed in an onerous


donation shall annul the donation (Article 1183 NCC). This is so, because onerous
donations are governed by the law on contracts (Article 733 ncc).

II
(10%)
Manila Petroleum co. owned and operated a petroluem operation facility off the
coast of Manila. The facility was located o a floating platform ade of wood and
metal, upon which waspermanenty attached the heavy equipment for the
petroleum operations and living quarters of the crew. the floating platform likewise
ocntained a garden area, where trees, plants and flowers were planted. The
platform was tethered to asip, the MV 101, which was anchored to the seabed.

a.

Is the platform movable or immovable property?

Answer
Theplatformisan immovable proerty under article 415 part 9 ncc, which provides
that docks and structures which, though floating, are intednded by the nature and
object to remain at a fixed place on a river , lake or caost. Since the floating

platform is aperoleum operation facility it is intended to remain permanently where


it is situated, even if it is tethered to aship which is anchored to the seabed.

b. Are the q=equipment and living quartersmovable or immovable proeprty?


c. Answer
d. B. the equipment and living waurters of the crew are immovable prpeorty
under article 415 par 3 nccc, classifies as an immovable everything attached
to animmovable in a fixed manner, in such a way that it cannot be separated
thereform without breaking the mtrerial or deterioation of te objtect. Both
the equipment and the livin gquarters are permanently attached to the
platform which is also an immovable.

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