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Q: What are the rights of an owner over his personal property?

A: ROMAN LAW
Q: Does possession mean actual possession?
A: Constructive and actual possesion
Q: Motorcycle in the parking lot? Does it mean that you no longer have the right of
possession over it?
Q: How can you show that you have the right over the thing or possession?
A: Registration Papers, possession of certificate of title or key.
Q: What kind of possession do you have if you have registration?
A: Constructive Possession. Possession in Civil Law not only refers to actual
possession as long as you have evidence or proof of ownership especially if you are
referring to real property.
Q: What is the right to use?
Q: Can the right to use be exercise absolutely?
Q: What can limit or restrict the exercise of the right to use? Take for instance, the
use of a real property?
Q: What restrictions can be imposed by the state?
A: Restrictions imposed by the Local Government and the HLURB; Easements
Q: Right to enjoy the fruits? How should fruits be defined? When the law talks about
the right of an owner to enjoy the use of fruits what fruits are referred to?
Q: How can an owner of a motorcycle enjoy its fruits?
A: Payment for lease
Q: Right to recover. How can the recovery be done?
A: Personal Property replevin > relate to family code > needs a written consent if
a spouse sells or disposes a conjugal property
Q: What is the remedy of a contract void contract judicial declaration of nullity
Q: What is the remedy to recover a motorcycle?
A: Replevin the recovery of personal property
Q: What is the remedy to recover real property
A: Forcible Entry or Unlawful Detainer
Q: If after the expiration of a lease contract the lessee doesnt want to vacate what
to file

A: a petition for unlawful detainer


Q: if the possession was taken by force or the property was taken without the
permission of the owner
A: file an action for Forcible Entry
It is important to note that you need to be aware of what remedies to file. Ignorance
of the law excuses no one therewith. It is not an excuse to feign ignorance.
Requirements of forcible entry
That the owner is in possession of the property
Respondent took possession of the property
Q: Elements that must be proved in unlawful detainer? You cant simply
Q: A period of one year is only given to file FE or UD. Period start upon demand.
Reckoning point is the receipt of the actual written demand.
Q: Jurisdiction? MTC, McTC
Q: If one year period has prescribed what is the remedy?
A: Accion Pauliana (page 125)
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recovery from fraudulent sale to third party


Yung motor na I aattach sana kaso inallege na ibinenta ng may-ari
Remedy is given to the creditor

Q: Right to abuse
A: The right to consume/ use of property in a way other than the way it is intended
to be used > tatayo sa upuan
A: General Rule: Transferred rights: To possess and use /
REMEMBER THESE 6 RIGHTS!!!!
Q: What rights are transferred in a lease of motorcycle
A: Right to possess > Right to use / If owner allows right to use fruits
Q: RENT CONTROL ACT > no right to sub-lease unless theres a written consent
(residential)
For non-residential you can sub-lease provided that there is no express
prohibition
Q: Hiram na motorcycle na walang bayad > possession and use > commodatum
Pag may bayad > lease
Q: How does the RPC define self defense?
A: Defense of ones self and property right

Q: Elements that should be present in self-defense?


Q: What is the connection of self-defense in property?
A: Doctrine of Self-Help (Art. 429)
Q: If there are informal settlers in your property, can you use force to repel?
Q: Can one avail of self-defense even if theres no provocation? (Property)
A: If on the day itself there is a threat to your life. SAME DAY
-

If usurpation already took place you can no longer avail of the


doctrine of self-help
SAME REQUIREMENTS in CRIM AND CIVIL LAW: THERE MUST BE AN
ACTUAL THREAT

Q: Restrictions on the right to use property:


A: Doctrine of Incomplete Privilege (Art. 432)
Q: Inherent Powers of the State
A: Limitations imposed by taxation
Q: Difference between police power and eminent domain
Q: When just compensation is dispensable
A: Government confiscates a property to destroy or impose restrictions it for
purposes of public safety
Q: 437. 6 rights are not absolute > limited by restrictions and inherent powers of
the state
Q: If my watch was lost and someone found it is it considered a hiddent treasure?
A: No, must be hidden and unknown
Q: Scavenger discovered bag? Hidden treasure?
Q: Requirements when to apply provision of hidden treasure?
A: (1) The owner is unknown; (2) discovery should be by chance; (3) finder is not a
trespasser (4) hidden & unknown money (ELEMENTS OF HIDDEN TREASURE PAGE
11)
Q: Nakakita ng pera ginastos/iniwan. Sino gumawa ng lawful act?
A: See: Art. 719. They shouldve surrendered it to the proper authority. Lost and
Found section. There is unjust enrichment.
Q: What happens if the owner appears?
A: Civil liability might arise but not criminal liability because there is no criminal
intent.

Q: Who should own the hidden treasure?


A: 50:50 owner-finder
Q: Should be discovered by chance. Feng Shui expert, valuables in backyard. May
nakita? Hidden Teasure? Who owns it? Dude hired three other dudes to excavate.
A: Yes. It is a treasure. By chance eh. Who owns? (201) If there is a prior agreement,
then walang rights yung naghukay kasi bayaran siya
Q: What if the treasure found is indivisible? Who has a better right?
A: Dudes are now co-owners. Not by agreement of the parties but by the nature of
the object being indivisible. Co-ownership created by operation of law.
Q: If the finder is married? Is it exclusively owned by the finder or does it form part
of the conjugal property?
A: Family code provides that share of a married finder forms part of the conjugal
property.
NEXT MEETING: Chapter of ACCESSIOn to CO-Ownership

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