Property First Quiz

Property First Quiz
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  PUP College Of Law   [REVIEWER IN PROPERTY]   Page 1  of 4   Q: DEFINE PROPERTY. A: Under the law, property are all things which are, or may be, the subject of appropriation. [NCC A414] Note : Appropriation means a deliberate act of acquisition of something. Q: [DEFINE AND] ENUMERATE THE THINGS WHICH ARE PROPERTY OF PUBLIC DOMINION. A: Property of Public Dominion is 1.   outside the commerce of man; 2.   cannot be the subject of private contracts; 3.   cannot be acquired by prescription; 4.   not subject to attachment and execution; nor 5.   burdened with voluntary easement. The following are property of public dominion: 1.   those intended for public use , such as 1.1.   roads; 1.2.   canals; 1.3.   rivers; 1.4.   torrents; 1.5.   ports and bridges constructed by the States; 1.6.   banks; 1.7.   shores; 1.8.   roadsteads; and 1.9.   others of similar characters 2.   those belong the State, without being for public use, and are intended for some public service or for the development of the national wealth . Q: CAN PRIVATE LAND BE CONVERTED TO PROPERTY OF PUBLIC DOMINION? CITE THE RULING ON GOVT. VS CABANGIS. A: Private Land converted to Property of Public Dominion through abandonment and reclamation. Through the gradual encroachment or erosion by the ebb and flow of the tide, private property may become public property IF the owners appear to have ABANDONED the land, and permitted it to be totally destroyed so as to become part of the shore. The land having disappeared on account of the gradual erosion, and having remained submerged until they were reclaimed by the government, they are public land. Q: DEFINE OWNERSHIP. A: A relation in private law by virtue of which a thing pertaining to one person is completely subjected to his will in everything not prohibited by public law or the occurrence with the rights of another. Q: IS THE RIGHT TO ENCLOSE/FENCE PROPERTY ABSOLUTE? CITE BASIS. A: No. Under the law (NCC A430), the right of the owner to enclose or fence his property is limited by the servitudes existing thereon. Hence, an owner of a property cannot enclosed his property if it cause the obstruction of the servitudes existing thereon to the injury of the other persons. Q: [DEFINE AND] STATE RULES ON OWNERSHIP OF HIDDEN TREASURE. A: Any hidden and unknown deposit of money  jewels or other precious objects, the lawful ownership of which does not appear. [NCC A439] The rules are: 1.   the owner of the property owns the hidden treasure found on its property 2.   right of a founder by chance who is not a trespasser/intruder  –  ½ of treasure; 3.   right of a usufractuary who finds treasure  –  ½ of treasure; or 4.   right of the State to acquire things of interest to science or the arts (at just price). [NCC A438] Q: DEFINE AND DIFFERENTIATE:  PUP College Of Law   [REVIEWER IN PROPERTY]   Page 2  of 4   A.   UNLAWFUL DETAINER VS. FORCIBLE ENTRY B.   ACTION REINVINDICATORIA VS. PUBLICIANA A: A.   Unlawful Detainer : Possessor refused to vacate upon demand by the owner a.   Lawful possession (by permission/ tolerance) becomes unlawful upon failure to vacate. b.   Prescription of action  –  1 year from last notice to vacate. Forcible Entry : Lawful possessor deprived through FISTS: a.   FISTS ( F orce, I ntimidation, S trategy, T hreats, S tealth) b.   Prescription of action: 1 year from dispossession (force, intimidation, threats) or from knowledge of dispossession (strategy, stealth) B.   Accion Reivindicatoria : recovery of ownership of real property a.   Including but not limited to possession b.   Prescription of Action: 30 years Accion Publiciana: recovery of a better right to possess (de jure) a.   Judgment as to who has a better right of possession b.   Actions for ejectment not filed within 1 year must be filed as accion publiciana c.   Prescription: 10 years Q: STATE THE DOCTRINE IN TUMALAD VS. VICENCIO. The inclusion of the building separate and distinct from the land in the enumeration of what may constitute real property, that the building is by itself an immovable property. However deviations have been allowed for various reasons especially if it is stipulated in the subject of contract. In the case at bar, although there is no specific statement referring to the subject house as a personal property, yet by ceding, selling or transferring a property by way of chattel mortgage, defendants-appellants could only have meant to convey the house as a chattel. Hence if a house belonging to a person stands on a rented land belonging to another person, it may be mortgaged as a personal property as so stipulated in the document of mortgage. It should be noted that the principle is predicated on statements by the owner declaring his house to be chattel. Party in a chattel mortgage cannot question the validity of the chattel mortgage entered into. The doctrine of estoppels therefore applies to the defendant-appellants   . Q: CAN A PRIVATE CORPORATION HOLD ALIENABLE LANDS OF THE PUBLIC DOMAIN? CITE YOUR BASIS. A: NO. Under the law, except the agricultural lands, all natural resources shall not be alienated. And private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. [Sec. 2 & 3, Art. 12, 1987 Constitution]   Q: CAN A CREEK BE OWNED BY A PRIVATE INDIVIDUAL? CITE YOUR BASIS. A: NO. Under jurisprudence, it is a property belonging to the public domain which is not susceptible to private appropriation and acquisitive prescription,   and, as public water, it cannot be registered under the Torrens System in the name of any individual. It is included in the phrase “others of similar character” in paragraph 1 of Article 420 of the New Civil Code. [ Celestial v. Cachopero, 413 SCRA 469 and Usero v. CA]   Q: REQUISITES OF RECOVERY OF PROPERTY UNDER THE CIVIL CODE. EXPLAIN. A: Under the Civil law the requisites are: 1.   The owner must prove that he has a better title than the defendant; and 2.   The identity of the property  PUP College Of Law   [REVIEWER IN PROPERTY]   Page 3  of 4   Q: CAN THE OWNER (GF) REFUSE TO PAY FOR THE BUILDING AND SELL THE LAND TO BUILDER (GF) AND COMPEL THE BUILDER TO REMOVE THE BUILDING? CITE YOUR BASIS AND STATE REMDIES OF OWNER AND BUILDER IF BOTH ARE IN GOOD FAITH. A: YES. The owner of the land (gf) may refuse to pay for the building and sell the land to builder. The reason for this is that the owner of the land has the older right against the builder (gf) and because of the principle of accessory follows the principal. Yes . The owner of the land can compel the builder to remove the building provided, the latter chose to pay for the value of the land, and he failed to pay the same. Provided further, that, issuance of an order of demolition must be with due hearing. Under the law the remedies of the owner and builder in good faith are: The Owner: 1.   the owner to acquire the building improvements after payment of indemnity; or   2.   oblige the builder to pay for the land or the sower to pay for the rent.   The Builder, Planter, Sower: 1.   acquire the land; or 2.   pay for the rent Q: IN CASE THE POSSESSOR EXECISE THE RIGHT OF RETENTION, WHO IS ENTITLED TO THE FRUITS OF THE PROPERTY? CITE YOUR BASIS. Q: ENUMERATE IMMOVABLE PROPERTIES UNDER THE CIVIL CODE. A: Under the Civil Code, Immovable Properties are: 1.   Land, buildings, roads and constructions of all kinds adhered to the soil; 2.   Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; 3.   Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; 4.   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; 5.   Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; 6.   Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; 7.   Fertilizer actually used on a piece of land; 8.   Mines, quarries and slug dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; 9.   Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; 10.   Contracts for public works, and servitudes and other real rights over immovable property. Q: ENUMERATE AND DISCUSS GENERAL LIMITATIONS ON OWNERSHIP. A: The general limitations on Ownership are: 1.   Police Power    –  property taken without any compensation for general welfare.  PUP College Of Law   [REVIEWER IN PROPERTY]   Page 4  of 4  a.   When the property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he show that such condemnation or seizure is unjustified. [NCC A436] b.   Requisites of the exercise of police power: i.   The interest of the public in general require such interference ii.   The means are reasonably necessary for the accomplishment of a purpose, and not unduly oppressive. 2.   Taxation    –  forced contribution to the operation of the government 3.   Eminent Domain    –  property taken for public use/purpose after payment of just compensation Requisites : a.   Property to be taken must be of private ownership;   b.   Property is taken by the authority or the State   c.   Purpose of taking must be for public purpose/use;   d.   The taking must be attended by due process of law; and   e.   There is payment of just compensation  
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