Bar Qs 2007-13

Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.
com
SUGGESTED ANSWER: same should be harmonized with its

express irrevocability (Austria-Magat v.
The donation is a donation inter vivos. CA, G.R. No. 106755, Feb 1, 2002).
When the donor intends that the ALTERNATIVE ANSWER:

donation shall take effect during the
lifetime of the donor, though the The donation is donation mortis causa.
property shall not be delivered till after
the donor’s death, this shall be a The deed clearly states that the
donation inter vivos (Art. 729, Civil donation shall take effect upon the
Code). death of the donor, Josefa. The donor,

moreover, retained ownership of the
The Civil Code prefers inter vivos subject property as it was declared that
transmissions. Moreover, mortis causa the property cannot be alienated,
donations should follow the formalities encumbered, sold or disposed of while
of a will (Art. 728, Civil Code). Here there the donor is still alive.
is no showing that such formalities were
followed. Thus, it is favorable to Jennifer As the donation is in the nature of a
that the deed is a donation inter vivos. mortis causa disposition, the formalities
of a will should have been complied with
Furthermore, what is most significant in under Art. 728 of the Civil Code,
determining the type of donation is the otherwise, the donation is void and
absence of stipulation that the donor would produce no effect (The National
could revoke the donation; on the Treasure of the Philippines v. Vda. de
contrary, the deeds expressly declare Meimban, G.R. No. L-61023, Aug 22,
them to be “irrevocable,” a quality 1984).
absolutely incompatible with the idea of
conveyances mortis causa where Property
revocability is the essence of the act, to
the extent that a testator cannot Accretion; Alluvium (2008)
lawfully waive or restrict his right of
revocation. The provisions of the deed of No. IX. The properties of Jessica and Jenny,
donation which state that the same will who are neighbors, lie along the banks of
only take effect upon the death of the the Marikina River. At certain times of the
donor and that there is a prohibition to year, the river would swell and as the water
alienate, encumber, dispose, or sell the recedes, soil, rocks and other materials are
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 65 of 180
Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.com
deposited on Jessica's and Jenny's land but is also the consequences of the
properties. This pattern of the river direct and deliberate intervention of
swelling, receding and depositing soil and man, it is man-made accretion and a
other materials being deposited on the part of the public domain (Tiongco v.
neighbors' properties have gone on for Director of Lands, 16 C.A. Rep 211, cited
many years. Knowing his pattern, Jessica in Nazareno v. C.A., G.R. No. 98045, 26
constructed a concrete barrier about 2 June 1996). Thus, Jessica cannot legally
meters from her property line and claim ownership of the additional 2
extending towards the river, so that when meters of land along her property
the water recedes, soil and other materials because she constructed a concrete
are trapped within this barrier. After several barrier about 2 meters from her property
years, the area between Jessica's property causing deposits of soil and other
line to the concrete barrier was completely materials when the water recedes. In
filled with soil, effectively increasing other words, the increase in her property
Jessica's property by 2 meters. Jenny's was not caused by nature but was man-
property, where no barrier was constructed, made.
also increased by one meter along the side
of the river. (B). If Jessica's and Jenny's properties are
registered, will the benefit of such
(A). Can Jessica and Jenny legally claim registration extend to the increased area of
ownership over the additional 2 meters and their properties? (2%)
one meter, respectively, of land deposited
along their properties?(2%) SUGGESTED ANSWER:
SUGGESTED ANSWER: If the properties of Jessica and Jenny

are registered, the benefit of such
Only Jenny can claim ownership over registration does not extend to the
the additional one meter of land increased area of their properties.
deposited along her property. Art. 457 of Accretion does not automatically
the Civil Code provides that "to the become registered land because there is
owners of lands adjoining the banks of a specific technical description of the lot
river belong the accretion which they in its Torrens title. There must be a
gradually receive from the effects of the separate application for registration of
current of the water." Where the land is the alluvial deposits under the Torrens
not formed solely by the natural effect of System (Grande v. CA, G.R. No. L-17652,
the water current of the river bordering 30 June, 1962).
Page 66 of 180
(C). Assume the two properties are on a cliff Ulpiano built three huts on this additional
adjoining the shore of Laguna Lake. Jessica area, where he and his two married
and Jenny had a hotel built on the children live. On this same area, Ulpiano
properties. They had the erath and rocks and his family planted peanuts, monggo
excavated from the properties dumped on beans and vegetables. Ulpiano also
the adjoining shore, giving rise to a new regularly paid taxes on the land, as shown
patch of dry land. Can they validly lay claim by tax declarations, for over thirty years.
to the patch of land? (2%)
When Marciano learned of the increase in
SUGGESTED ANSWER: the size of the land, he ordered Ulpiano to
demolish the huts, and demanded that he
No. Jessica and Jenny cannot validly lay be paid his share in the proceeds of the
claim to the patch of land because in harvest. Marciano claims that under the
order to acquire land by accretion, there Civil Code, the alluvium belongs to him as a
should be a natural and actual registered riparian owner to whose land the
continuity of the accretion to the land of accretion attaches, and that his right is
the riparian owner caused by natural ebb enforceable against the whole world.
and flow of the current of the river
(Delgado v. Samonte, CA-G.R. No. 34979- (A). Is Marciano correct? Explain. (3%)
R, 10 Aug 1966).
SUGGESTED ANSWER:
Marciano’s contention is correct. Since
that accretion was deposited on his land
Accretion; Rights of the Riparian Owner by the action of the waters of the river
(2009) and he did not construct any structure
to increase the deposition of soil and
No.XVI. Marciano is the owner of a parcel of
silt, Marciano automatically owns the
land through which a river runs out into
accretion. His real right of ownership is
the sea. The land had been brought under
enforceable against the whole world
the Torrens System, and is cultivated by
including Ulpiano and his two married
Ulpiano and his family as farmworkers
children. Although Marciano’s land is
therein. Over the years, the river has
registered, the three (3) hectares land
brought silt and sediment from its sources
deposited through accretion was not
up in the mountains and forests so that
automatically registered. As an
gradually the land owned by Marciano
unregistered land, it is subject to
increased in area by three hectares.
acquisitive prescription by third persons.
Page 67 of 180
production, gathering and preservation

Although Ulpiano and his children live in of the fruits (Art 443, NCC).
the three (3) hectare unregistered land
owned by Marciano, they are farm He may also ask for reimbursement of
workers; therefore, they are possessors the taxes he has paid, as these are
not in the concept of owners but in the charges on the land owned by Marciano.
concept of mere holders. Even if they This obligation is based on a quasi-
possess the land for more than 30 years, contract (Art 2175, NCC).
they cannot become the owners thereof
through extraordinary acquisitive
prescription, because the law requires
Builder; Good Faith; Requisites (2013)
possession in the concept of the owner.
Payment of taxes and tax declaration are
No.VIII. Ciriaco Realty Corporation (CRC)
not enough to make their possession one
sold to the spouses Del a Cruz a500-square
in the concept of owner. They must
meter land (Lot A) in Paranaque. The land
repudiate the possession in the concept
now has a fair market value of Pl,200,000.
of holder by executing unequivocal acts
CRC likewise sold to the spouses Rodriguez,
of repudiation amounting to ouster of
a 700-square meter land (Lot B) which is
Marciano, known to Marciano and must
adjacent to Lot A. Lot B has a present fair
be proven by clear and convincing
market value of P1,500,000.
evidence. Only then would his
possession become adverse. The spouses Dela Cruz constructed a house
on Lot B, relying on their presentation of
(B). What rights, if any, does Ulpiano have
the CRC sales agent that it is the property
against Marciano? Explain. (3%)
they purchased. Only upon the completion
of their house did the spouses Dela Cruz
SUGGESTED ANSWER:
discovered that they had built on Lot B
Although Ulpiano is a possessor in bad
owned by the spouses Rodriguez, not on Lot
faith, because he knew he does not own
A that they purchased. They spent P 1
the land, he will lose the three huts he
000,000 for the house.
built in bad faith and make an
accounting of the fruits he has gathered,
As their lawyer, advise the spouses Dela
he has the right to deduct from the
Cruz on their rights and obligations under
value of the fruits the expenses for
the given circumstances, and the recourses
Page 68 of 180
and options open to them to protect their However, the builder cannot be obliged
interests. (8%) to buy the land if its value is
considerable more than that of the
SUGGESTED ANSWER: building.. In such case, he shall pay
reasonable rent of the owner of the land
Based on the fact as stated, the spouses
does not choose to appropriate the
Dela Cruz as builders and the spouses
building or trees after proper indemnity
Rodriguez as land owners, are both in
(Art 448, Civil Code).
good faith. The spouses Dela Cruz are
builder in good faith because before The house constructed by the spouses
constructing the house they exercised Dela Cruz is considered as a useful
due diligence by asking the Agent of CRC expense, since it increased the value of
the location of the lot A, and they relied the lot. As such, should the spouses
on the information given by the agent Rodriguez decides to appropriate the
who is presumed to know the identity of house, the spouses Dela Cruz are
the lot purchased by the Dela Cruz entitled to the right of retention pending
spouses (Pleasantville v. CA, 253 SCRA reimbursement of the expenses they
10, 1996). On the other hand, there is no incurred or the increase in value which
showing that the land owners, spouse the thing may have acquired by reason
Rodriguez acted in bad faith. The facts of the improvement (Art 546, Civil
do not show that the building was done Code). Thus, the spouses Dela Cruz may
with their knowledge and without demand P1,000,000.00 as payment of
opposition on their part (Art 453, Civil the expenses in building the house or
Code). The good faith is always presumed increase in value of the land because of
(Art. 527, Civil Code). the house as a useful improvement, as
may be determined by the court form
The owner of the land on which anything
the evidence presented during the trial
has been built, sown, or planted in good
(Depra v. Dumlao, 136 SCRA 475, 1985;
faith shall have the right:
Technogas Phils v. CA, 268 SCRA 5,
1997).
(1) to appropriate as his own the works
after payment of the indemnity provided
for in Art 546 and 548, or
(2) to oblige the one who built to pay the

price of the land.
Page 69 of 180
Easement; Prescription; Acquisitive In 2006, Brand0 fenced off his property,

Prescription (2009) thereby blocking Andres' access to the
national highway. Andres demanded that
No. XI. TRUE or FALSE. Answer TRUE if part of the fence be removed to maintain
the statement is true, or FALSE if the his old access route to the highway
statement is false. Explain your answer in (pathway A), but Brando refused, claiming
not more than two (2) sentences. that there was another available pathway
(pathway B) for ingress and egress to the
(C). Acquisitive prescription of a negative
highway. Andres countered that pathway B
easement runs from the time the owner of
has defects, is circuitous, and is extremely
the dominant estate forbids, in a notarized
inconvenient to use.
document, the owner of the servient estate
from executing an act which would be To settle their dispute, Andres and Brando
lawful without the easement. (1%) hired Damian, a geodetic and civil engineer,
to survey and examine the two pathways
SUGGESTED ANSWER:
and the surrounding areas, and to
True. In negative easements, acquisitive
determine the shortest and the least
prescription runs from the moment the
prejudicial way through the servient
owner of the dominant estate forbade, by
estates. After the survey, the engineer
an instrument acknowledged before
concluded that pathway B is the longer
notary public, the owner of the servient
route and will need improvements and
estate from executing an act which
repairs, but will not significantly affect the
would be lawful without the easement
use of Brando's property. On the other
(Art. 621, NCC).
hand, pathway A that had long been in
place, is the shorter route but would
significantly affect the use of Brando's
Easement; Right of Way (2013) property.
No.VII.In 2005, Andres built a residential In light of the engineer's findings and the
house on a lot whose only access to the circumstances of the case, resolve the
national highway was a pathway crossing parties' right of way dispute. (6%)
Brando's property. Andres and others have

SUGGESTED ANSWER:
been using this pathway (pathway A) since
1980.
Page 70 of 180
Andres is not entitled to the easement of (Pathway B). Second, the right of way
right of way for Pathway A. Pathway B obtained (Pathway A) is not the least
must be used. prejudicial to Brando’s property, as
evidence by the reports of the geodetic
The owner of a dominant estate may and civil engineer.
validly obtain a compulsory right of way
only after he has established the When there is already an existing
existence of four requisites, to wit: adequate outlet from the dominant
estate to the public highway, even if the
(1) The (dominant) estate is surrounded said outlet, for one reason or another, be
by other immovables and is without inconvenient, the need to open up
adequate outlet to a public highway; another servitude is entirely unjustified
(Costabella Corporation v. CA, G.R. No.
(2) After payment of the proper
80511, Jan 25, 1991). The rule that the
indemnity;
easement of right of way shall be
established at the point least prejudicial
(3) The isolation was not due to the
to the servient estate is controlling
proprietor’s own acts; and
(Quimen v. Quimen and CA, G.R. No.
(4) The right of way claimed is at a point 112331, May 29, 1996).
least prejudicial to the servient estate,

(Note: It is not clear from the problem if there
and insofar as consistent with this rule,
exists an easement in favor of the lot
where the distance from the dominant
belonging to Andres and if Brando’s lot is
estate to the public highway maybe the
burdened as a servient estate by a right of
shortest (Art 650, civil Code).
way as a servient estate. If there is such an
However, the Supreme Court has easement burdening Brando’s lot, was it
consistently ruled that in case both created as legal easement or as a voluntary
criteria cannot be complied with, the easement. If the used pathway was only a
right of way shall be established at the tolerance, then Brando may close it. Andres
point least prejudicial to the servient must ask for the constitution of a legal
estate. easement through Brando’s lot by proving

the four requisites required by Art 649 and
The first and fourth requisites are not 65, Civil Code).
complied with. First, there is another
available outlet to the national highway
Page 71 of 180
Easement; Right of Way (2010) easement or servitude, even if the deed

of sale is silent on the matter.
No.XIII. Franz was the owner of Lot E which
was surrounded by four (4) lots one of (3) The vendee of the property in which a
which – Lot C – he also owned. He promised servitude or easement exists cannot
Ava that if she bought Lot E, he would give close or put obstructions thereon to
her a right of way in Lot C. prevent the dominant estate from using
it.
Convinced, Ava bought Lot E and, as
promised, Franz gave her a right of way in
(4) Ava’s working abroad for more than
Lot C.
ten (10) years should not be construed as
non-user, because it cannot be implied
Ava cultivated Lot E and used the right of
from the fact that she or those she left
way granted by Franz.
behind to cultivate the lot no longer use
Ava later found gainful employment abroad. the right of way.
On her return after more than 10 years, the

right of way was no longer available to her Note: Since a right of way is a
because Franz had in the meantime sold discontinuous easement, the period of
Lot C to Julia who had it fenced. ten years of non-user, shall be computed
from the day it ceased to be used under
(A). Does Ava have a right to demand from Act 6341 (2) CC.
Julia the activation of her right of way?
(5) Renunciation or waiver of an
Explain. (2.5%)
easement must be specific, clear,
SUGGESTED ANSWER: express and made in a public instrument

in accordance of Art 1358 of the New
Yes. Ava has the right to demand from Civil Code.
Julia the activation of the right of way, ALTERNATIVE ANSWER:
for the following reasons:
Yes. Ava has the right to demand from
(1) The easement of the right of way is a Julia the activation of the right of way.
real right which attaches to, and is A voluntary easement of right of way,
inseperable from, the estate to which it like any other contract, could be
belongs. extinguished only by mutual agreement
or by renunciation of the owner of the
(2) The sale of the property includes the dominant estate. Also, like any other
Page 72 of 180
contract, an easement is generally her in lot C if Ava purchase lot E. The

effective between parties, their heirs and promise was not reduced to writing (Obra
assignees, except in case where the v. Baldria, 529 SCRA 621 [2007]). Hence,
rights and obligations arising from the it was not or could not have been
contract are not transmissible by their registered as to warn buyers of lot C
nature, or by stipulations or by provision about the existence of the easement on
of law (Unisource Commercial v. Chung, the property. Not having been annotated
593 SCRA 530 [2009]). on the TCT to lot C, the buyer acquired
lot C free from such right of way granted
(B). Assuming Ava opts to demand a right of to Ava.
way from any of the owners of Lots A, B,
and D, can she do that? Explain. (2.5%)
SUGGESTED ANSWER: Hidden Treasure (2008)
Yes. Ava has the option to demand a No. VIII. Adam, a building contractor, was
right of way on any of the remaining lots engaged by Blas to construct a house on a
of Franz more so after Franz sold lot C to lot which he (Blas) owns. While digging on
Julia. The essential elements of a legal the lot in order to lay down the foudation of
right of way under Art 649 and 650 of the house, Adam hit a very hard object. It
the New Civil Code are complied with. turned out to be the vault of the old Banco
de las Islas Filipinas. Using a detonation
ALTERNATIVE ANSWER:
device, Adam was able to open the vault
Yes. Ava has the option to demand a containing old notes and coins which were
right of way from the other lots. The law in circulation during the Spanish era. While
provides that whenever a piece of land the notes and coins are no longer legal
acquired by sale, exchange or partition is tender, they were valued at P100 million
surrounded by other estates of the because of their historical value and the
vendor, exchanger, or co-owner, he shall coins silver nickel content. The following
be obliged to grant a right of way filed legal claims over the notes and coins:
without indemnity (Art 652, NCC).
(i). Adam, as finder;
ALTERNATIVE ANSWER:
(ii). Blas, as owner of the property where
No. There was merely a promise to Ava
they were found;
that a right of way shall be granted to
Page 73 of 180
(iii). Bank of the Philippine Islands, as present case, Adam, as finder, and Blas,
successor-in-interest of the owner of the as owner of the land, are entitled to
vault; and share 50-50 in the treasure. The
government can only claim if it can
(iv). The Philippine Government because of establish that the notes and coins are of
their historical value. interest to science or the arts, then it
must pay just price of the things found,
(A). Who owns the notes and coins? (4%)
to be divided equally between Adam and
Blas (Art. 438, Civil Code).
SUGGESTED ANSWER:
(B). Assuming that either or both Adam and

The notes and coins are no longer owned
Blas are adjudged as owners, will the notes
by the Bank of the Philippine Islands,
and coins be deemed part of their absolute
which has either lost or abandoned the
community or conjugal partnership of gains
vault and its contents, and it has not
with their respective spouses? (2%)
taken any effort to search, locate or
recover the vault. In any case, since the
SUGGESTED ANSWER:
vault is in actual possession of Adam,
BPI may attempt, in a judicial action to If either or both Adam and Blas are
recover, to rebut the presumption of adjudged as owners, the notes and coins
ownership in favor of Adam and Blas shall be deemed part of their absolute
(Art. 433, Civil Code). Hidden treasure is community or conjugal partnership of
any hidden and unknown deposit of gains with their respective spouses (Art.
money, jewelry, or other precious 117, par 4, FC).
objects, the lawful ownership of which
does not appear. Given the age and
importance of the items found, it would
be safe to consider the vault, notes and Mortgage; Public or Private Instrument
coins abandoned by BPI and its (2013)
predecessor (Art. 439, Civil Code). It

No.VI. Lito obtained a loan of P1,000,000
belongs to the owner of the land on
from Ferdie, payable within one year. To
which it is found. When the discovery is
secure payment, Lito executed a chattel
made on the property of another, or of
mortgage on a Toyota Avanza and a real
the State and by chance, one-half of it
estate mortgage on a 200-square meter
shall belong to the finder who is not a
piece of property.
trespasser (Art. 438, Civil Code). In the
Page 74 of 180
(A) Would it be legally significant - from the exceeds Five Hundred pesos (P500.00)
point of view of validity and enforceability - must appear in writing, even in private
if the loan and the mortgages were in public one. However, the requirement is not for
or private instruments? (6%) validity of the contract, but only for its
greater efficacy.
SUGGESTED ANSWER:
With regard to the chattel mortgage, Art.
From the point of view of validity and 1508, the Chattel Mortgage Law,
enforceability, there would be legal requires an affidavit of good faith stating
significance if the mortgage was in a that the chattel mortgage is supposed to
public or private instrument. As for the stand as security of the loan; thus, for
loan, there is no legal significance the validity of the chattel mortgage, it
except of interest were charged on the must be in a public document and
loan, in which case, the charging of recorded in the Chattel Mortgage
interest must be in writing. Register in the Register of Deeds. A real
estate mortgage, under the provisions of
A contract of loan is a real contract and
Art. 2125 of the Civil Code, requires that
is perfected upon delivery of the object
in order that a mortgage may be validly
of the obligation (Art 1934, Civil Code).
constituted the document in which it
Thus, a contract of loan is valid and
appears be recorded. If the instrument is
enforceable even if it is neither in a
not recorded, the mortgage is
private nor in a public document.
nevertheless valid and binding between
the parties. Hence, for validity of both
As a rule, contracts shall be obligatory in
chattel and real estate mortgages, they
whatever form they may have been
must appear in a public instrument. But
entered into provided all the essential
the purpose of enforceability, it is
requisites for their validity are present.
submitted that the form of the contract,
With regards to its enforceability, a
whether in a public or private document,
contact of loan is not among those
would be immaterial (Mobil Oil v.
enumerated under Art. 1403 (2) of the
Diocaresa, 29 SCRA 656, 1969).
Civil Code, which are covered by the
Statute of Frauds.
Also, under Art 1358, acts and contracts
which have for their object the creation
It is important to note that under Art.
or transmission of real rights over
1358 of the Civil Code, all the other
immovable property must be in a public
contracts where the amount involved
Page 75 of 180
document for greater efficacy and a real right. Possession may be the real right of
estate mortgage is a real right over possession or jus possessiones or it can
immovable property. be merely the right to possess or jus
possedendi, which are among the basic
rights of ownership. If the real right of
possession is possession in the concept
Occupation vs. Possession (2007)
of owner, but subject to certain
limitations, it may ripen into full
No.I. Distinguish the following concepts:
ownership of the thing or property right
(A). Occupation v. possession. (5%) through acquisitive prescription

depending on whether it is a case of
SUGGESTED ANSWER: ordinary or extraordinary prescription
and whether the property is movable or
Occupation is an original mode of immovable.
acquiring ownership (Art. 712, NCC).
Things appropriable by nature which are
without an owner, such as animals that Ownership; Co-Ownership (2009)
are the object of hunting and fishing,
hidden treasure and abandoned No. XI. TRUE or FALSE. Answer TRUE if
movables, are acquired by occupation the statement is true, or FALSE if the
(Art. 713, NCC). However, ownership of a statement is false. Explain your answer in
piece of land cannot be acquired by not more than two (2) sentences.
occupation (Art. 714, NCC).
(D). The renunciation by a co-owner of his
ALTERNATIVE ANSWER: undivided share in the co-owned property
in lieu of the performance of his obligation
Occupation is a mode of acquiring to contribute to taxes and expenses for the
dominion by the seizure of corporeal preservation of the property
things which have no owner, with the constitutes dacion en pago. (1%)
intention of acquiring the ownership
thereof. It is an original mode of SUGGESTED ANSWER:
acquiring ownership upon seizure of a True, Under the Civil Code, a co-owner
res nullius by the occupant who has the may renounce his share in the co-owned
intention to become the owner thereof. property in lieu of paying for his share in
Possession, on the other hand, is the the taxes and expenses for the
holding of the thing or an enjoyment of a preservation of the co-owned property.
Page 76 of 180
In effect, there is dacion en pago SUGGESTED ANSWER:

because the co-owner is discharging his
monetary obligation by paying it with Yes, Cathy can lawfully ask for the
his non-monetary interest in the co- demolition of Bobby's house. Where
owned property. The fact that he is there are two or more heirs, the whole
giving up his entire interest simply estate of the decedent, is, before
means that he is accepting the value of partition, owned in common by such
his interest as equivalent to his share in heirs, subject to the payment of debts of
the taxes and expenses of preservation. the deceased (Art. 1078, Civil Code),
Under the rules on co-ownership, "none
of the co-owners shall, without the
Ownership; Co-Ownership (2008) consent of the others make alterations

in the thing owned in common, even
No. VI. Alex died without a will, leaving only though benefits for all would results
an undeveloped and untitled lot in Tagiug therefrom." In Cruz v. Catapang, G.R. No.
City. He is survived by his wife and 4 164110, 12 Feb., 2008, the Court held
children. His wife told the children that she that "alterations include any act of strict
is waiving her share in the property, and dominion or ownership such as
allowed Bobby, the eldest son who was construction of a house." In the present
about to get married, to construct his case, of Alex is the real owner of the
house on ¼ of the lot, without however undeveloped and untitled lot in Taguig,
obtaining the consent of his siblings. After co-ownership is created among his wife
settlement of Alex's estate and partition and four children over said property
among the heirs, it was discovered that upon his death. Since the construction
Bobby's house was constructed on the of the house by Bobby was done without
portion allocated to his sister, Cathy asked obtaining the consent of his siblings, the
Bobby to demolish his house and vacate alteration effected is illegal. Bobby is
the portion alloted to her. In leiu of considered to be in bad faith and as a
demolition, Bobby offered to purchase from sanction for his conduct, he can be
Cathy the lot portion on which his house compelled by Cathy to demolish or
was constructed. At that time, the house remove the structure at his own
constructed was valued at P350.000. expense.
(A). Can Cathy lawfully ask for demolition of (B). Can Bobby legally insist on purchasing
Bobby's house? (3%) the land? (2%)
Page 77 of 180
SUGGESTED ANSWER: nature and object to remain at a fixed

place on a river, lake or coast." Since the
No. Bobby cannot legally insist on floating platform is a petroleum
purchasing the land. Being in bad faith, operation facility, it is intended to
he has no option to pay for the price of remain permanently where it is situated,
the lot (Art. 450, Civil Code). even if it is tethered to a ship which is
anchored to the seabed.
ALTERNATIVE ANSWER:
Property; Movable or Immovable (2007)
The platform is a movable property
No.II. Manila Petroleum Co. owned and because it is attached to a movable
operated a petroleum operation facility off property, i.e. the vessel which was
the coast of Manila. The facility was located merely anchored to the seabed. The fact
on a floating platform made of wood and that the vessel is merely anchored to the
metal, upon which was permanently sea bed only shows that it is not
attached the heavy equipment for the intended to remain at a fixed place;
petroleum operations and living quarters of hence, it remains a movable property. If
the crew. The floating platform likewise the intention was to make the platform
contained a garden area, where trees, stay permanent where it was moored, it
plants and flowers were planted. The would not have been simply tethered to
platform was tethered to a ship, the MV a vessel but itself anchored to the
101, which was anchored to the seabed. seabed.
Please briefly give the reason for your (B). Are the equipment and living quarters
answers. (10%) movable or immovable property?
(A).Is the platform movable or immovable SUGGESTED ANSWER:

property?
The thing and living quarters of the crew
SUGGESTED ANSWER: are immovable property under Art. 415
(3) NCC, classifies as an immovable
The platform is an immovable property
"everything attached to an immovable in
under Art. 415 (9) NCC, which provides
a fixed manner, in such a way that it
that "docks and structures which,
cannot be separated therefrom without
though floating, are intended by their
breaking the material or deterioration of
Page 78 of 180
the object." Both the equipment and the The trees, plants and flowers planted in
living quarters are permanently attached the garden area of the platform are
to the platform which is also an immovable property under Art. 415 (2)
immovable. The equipment can also be NCC which classifies as an immovable
classified as an immovable property property "trees, plants and growing
under Art. 415 (5) NCC because such fruits, while they are attached to the
equipment are "machinery, receptacles, land or form an integral part of an
instruments or implements intended by immovable, the petroleum operation
the owner of the tenement for an facility.
industry or works which may be carried
on in a building or on a piece of land and ALTERNATIVE ANSWER:
which tend directly to meet the needs of

The trees, plants and flowers planted in
the industry or works." It is logically
the garden area of the platform are
assumed that the petroleum industry
movable property because they are not
may be carried on in a building or on a
permanently attached t the land and do
piece of land and the platform is
not form an integral part of an
analogous to a building.
immovable. The platform is not an
ALTERNATIVE ANSWER: immovable property for the same reason

already given in the Alternative Answer
The equipment and living quarters of the to Item (a) above.
crew are movable properties since they
are attached to a platform which is also Land Titles and Deeds
a movable property, because it is simply
attached to a vessel is likewise a Acquisition of Lands; Sale of Real
movable property since it was merely Property to an Alien (2009)
anchored on the seabed only shows that
it is not intended to remain at a fixed No.XIX. In 1972, Luciano de la Cruz sold to
place; hence, it remains a movable Chua Chung Chun, a Chinese citizen, a
property. parcel of land in Binondo. Chua died in

1990, leaving behind his wife and three
(C). Are the trees, plants and flowers children, one of whom, Julian, is a
immovable or movable property? naturalized Filipino citizen. Six years after
Chua’s death, the heirs executed an
SUGGESTED ANSWER: extrajudicial settlement of estate, and the
parcel of land was allocated to Julian. In
Page 79 of 180

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Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.

SUGGESTED ANSWER: same should be harmonized with its

When the donor intends that the ALTERNATIVE ANSWER:

Code). death of the donor, Josefa. The donor,

SUGGESTED ANSWER: If the properties of Jessica and Jenny

production, gathering and preservation

(2) to oblige the one who built to pay the

Easement; Prescription; Acquisitive In 2006, Brand0 fenced off his property,

Easement; Right of Way (2013) property.

Brando's property. Andres and others have

least prejudicial to the servient estate,

consistently ruled that in case both created as legal easement or as a voluntary

estate. easement through Brando’s lot by proving

Easement; Right of Way (2010) easement or servitude, even if the deed

Ava later found gainful employment abroad. the right of way.

On her return after more than 10 years, the

SUGGESTED ANSWER: express and made in a public instrument

contract, an easement is generally her in lot C if Ava purchase lot E. The

SUGGESTED ANSWER: Hidden Treasure (2008)

(B). Assuming that either or both Adam and

coins abandoned by BPI and its (2013)

predecessor (Art. 439, Civil Code). It

(A). Occupation v. possession. (5%) through acquisitive prescription

In effect, there is dacion en pago SUGGESTED ANSWER:

his non-monetary interest in the co- demolition of Bobby's house. Where

means that he is accepting the value of partition, owned in common by such

Ownership; Co-Ownership (2008) consent of the others make alterations

SUGGESTED ANSWER: nature and object to remain at a fixed

(A).Is the platform movable or immovable SUGGESTED ANSWER:

which tend directly to meet the needs of

ALTERNATIVE ANSWER: immovable property for the same reason

place; hence, it remains a movable Chua Chung Chun, a Chinese citizen, a

property. parcel of land in Binondo. Chua died in

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