Questions:

1.Separate treatment by the parties of a building from the land on which it stands doesnot change the immovable character.

2.  Where chattel mortgage is constituted on machinery permanently attached to theground, machinery is personal property and mortgage is null and void, regardless of who owns the land.

3. The attachment of the municipal trucks, police cars, police station and market stalls isvalid because the properties levied upon are not eempt from eecution.

!.  " bonus paid by the mortgage debtor to another who had mortgaged his land tosecure the payment of the debtor#s obligation to a bank is a civil fruit of the mortgagedproperty.

$.  " forced co%ownership occurs when the &uilder, 'lanter or Sower has acted in goodfaith.

(.  "n order by a court compelling a builder in good faith to remove is building from landbelonging to another who chooses neither to pay for such building nor sell the land isvalid.

).  While a possessor in good faith may retain the property until he is reimbursed for necessary and useful epenses, all the fruits he receives from the moment his goodfaith ceases must be deferred or paid by him to the landowner.

*. +edemption of the property by a co%owner does not vest in him sole ownership over said property but will inure to the benefit of all co%owners.

. The written notice of sale is not a mandatory re-uirement for the tolling of the 3% dayredemption period, notwithstanding actual knowledge of a co%owner.

1.  There was no perfect contract of pledge and the depositary was placed in thepossession of the goods after the symbolic transfer by means of delivery to him of thekeys to the warehouse where the goods were kept .

11.  "n easement of a right of way can be ac-uired through prescription becausepossession of right of way is intermittent and discontinuous.

12.  /riterion of the least pre0udice to the servient estate must not prevail over thecriterion of the shortest distance.

13.  " voluntary easement of right of way could be etinguished only by mutualagreement or by renunciation of the owner of the dominant estate.

 

1!.&ad use of the thing in usufruct is a ground to etinguish the right.

1$.+eceipt by the usufructuary of the epropriation indemnity should be consideredproof of adverse possession.

 

Answer key

1.True. "n inscription of a deed of sale of real property in the chattel mortgage registrycannot be given the legal effect of an inscription in the registry of real property. (Leung Yee v. Strong Machinery, 1981)

2.alse. The mortgage is valid. t is undeniable that the parties to a contract may byagreement treat as personal property that which by its nature would be real property, aslong as no interest of third parties may be pre0udiced thereby. (Makati Leasing an!inance "or# v. $earever %e&ti'e Mi''s 198)

3.alse. 'roperty for public use of the municipality is not within the commerce of man solong as it is used by the public. (a. *e %antoco vs. Munici#a' "ounci' o+  'oi'o)

!.alse. t is not income delivered from the property but a compensation granted for therisk assumed by the owner of the property.  (-achrach vs. %a'isaySi'ay)

$.True. 4wner of the land has the right of retention 5to pay6 because his right is older and because, by the principle of accession, he is entitled to the ownership of theaccessory thing. (-ernaro vs. -atic'an)

(.alse. t is null and void. Artic'e //8 o+ 0"", the owner has the option. The courtcannot order the removal of the building.

).True. The possessor in goodfaith may, however, secure the reimbursement of hisepenses by using the fruits to pay it off 5deduct the value of the fruits he receives fromthe time his good faith ceases from the reimbursement due him6. (rti2 vs 3ayanan)

*.True. +edemption is not a mode of termination of relationship . (Mariano v "A)

.alse. The written notice of sale is mandatory for the tolling of the 3%day redemptionperiod, notwithstanding actual knowledge of a co%owner. (era v "A, 1994)

1. alse. There was already a perfected contract of pledge upon the symbolic deliveryof the keys of the warehouse. (-anco 5s#ano' !i'i#ino v. 6eterson)

11.alse. "n easement of a right of way cannot be ac-uired through prescription

because possession of right of way is intermittent and discontinuous. (Ronquillo v

Roco)

12.alse. /riterion of the least pre0udice to the servient estate must prevail over thecriterion of the shortest distance.  (Qui7en v. Qui7en)

13.True. " voluntary easement of right of way could be etinguished only by mutualagreement or by renunciation of the owner of the dominant estate. The opening of an

 

ade-uate outlet to a highway can etinguish only legal or compulsory easements, notvoluntary easements. (La ista v. "A)

1!.alse. Artic'e 41 o+ 0"", a usufruct is not etinguished by the bad use of the thingin usufruct.

1$.alse. +eceipt by the usufructuary of the epropriation indemnity should not beconsidered proof of adverse possession. (Quirante vs Quirante, "A case)