8/10/2019 Samplex Property

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PROPERTYAtty. Rocky Delson

1. Define Prescription. Enumerate the elements. (15pts)2. Give the prescriptive periods of the following: (20 pts)a. ordinary prescription pf movablesb. action to recover a movable objectc. mortgage actiond. demand for a right of waye. quasi-contract3. What is TACKING OF POSSESSION? (5pts )4. Uma is a possessor in good faith of a piece of land. He commenced possession in 1987. In 1996, while visiting theRegister of Deeds in Angono, Rizal, he chanced upon a Transfer Certificate of Tile showing that the land he possessedwas actually owned by Cassandra. For how long should Uma possess the land in order for him to acquire the landthrough prescription? Explain. (20 pts)5. a. What is a quasi-contract? Is it an implied contarct? Why?b. Define negotiorum gestio

c. Define solution indebitii6. Say hired JB to construct a building for a lump sum of P4 million. JB explicitly agreed in the contract that he will

shoulder all the materials for building. He asked Ate Raquel to supply galvanized steel worth P200,000. JB failed to pay.Thus, Ate Raquel sued both JBN and Say for the amount. JB alleged that Say should pay since she was the one whobenefited and that if he was to pay, there would be unjust enrichment on the part of Say. Based on your knowledge of

quasi-contracts, is JBs contention tenable? Explain (25 pts)

PROPERTYAtty. Rocky Delson

1. In a partition between brothers of inherited property, Brother A got the property north of the river. Brother B receivedthe property south of the river. Without the knowledge of the brothers, squatters had moved into the property north of

the river allotted to A. A also learned that B was about to sell his property.a. A wanted B to join him in the ejectment case against the squatters and share in the litigation expenses. B refused. Was

Bs refusal valid? Why?b. Could A prevent the sale of B of his portion of the property? Reasons.

2. Is the lease of the entire community property in co-ownership an act of administration or an act of ownership oralteration? Explain in relation to the need of consent of the co-owners.3. A, B and C are co-owners in equal shares of a residential house and lot. During their co-ownership, the following actswere respectively done by the co-owners:

a. A undertook the repair of the foundation of the house then tilting to one side to prevent the house from collapsing;b. B and C mortgaged the house and lot to secure a loan;c. B engaged a contractor to build a concrete fence all around the lot;

d. C built a beautiful grotto in the garden;e. A and C sold the land to X for a very good price.aa. Is As sole decision to repair the foundation of the house binding on B and C? May A require B and C to contribute

their 2/3 share of expense? Reasons.bb. What is the legal effect of the mortgage contract executed by B and C? Reasons.cc. Is Bs sole decision to build the fence binding upon A and C? May B require A and C to contribute their 2/3 share ofthe expense? Reasons.

dd. Is Cs sole decision to build a grotto bidingupon A and B? Reasons.ee. What are the legal effects of the contract of sale executed by A, C and X? Reasons.

4. Distinguish ownership from co-ownership.5. The Director of Lands sold to A, 24 hectares of public land at 20 centavos per square meter. The land was adjoining a

river which after the sale changed its course and left its bed dry, the area of which is two hectares. The purchaser, A,claimed and occupied this portion of land alleging right of accretion, to which the Director of Lands objected contendingthat the purchaser only bought 24 hectares at a specified price per square meter and consequently he has no right toclaim said portion of land, it being in excess what he bought. Who owns the 2 hectares in question?6. Distinguish alluvion from avulsion.7. Juan built a house worth P80,000 on a land valued at P10,000 belonging to Pedro who leased to the former at anagreed rent for 5 years. At the expiration of the contract of lease, Juan wanted to renew it, but Pedro refused; instead hefiled an action to compel Juan to buy the land.

Was Pedros action proper? Give your reasons