1.

Hooray is a personal property owned by Norman, According to Article 712 of the NCC,
ownership is acquired by occupation and intellectual creation. In the case at bar since Hooray is
created by Norman he acquires ownership of it. In relation with his ownership Norman has the
right to enjoy, right to recover and right to dispose things he owns (Art.428 NCC) subject to
limitations imposed by law such as special law that governs copyright and patents thus he may
alienate Hooray to Bill gates.

2. A. Hidden treasure, any hidden and unknown deposit of money, jewelry or other precious
objects, the lawful ownership of which does not appear (Art 439 NCC)

B. The hidden treasure belongs to the owner of the land which is Dulce, if the finder is not the
owner or is a stranger, he is entitled to of the hidden treasure provided he is not a trespasser.
In the case at bar, Rod, Percival and Elmer are considered trespasser thus they cannot acquired
of the hidden treasure. (Art. 438 NCC)

C. Yes, Rod, Percival and Elmer may be charged with trespass to dwelling under Article 280 or
281 of the RPC since through stealth they entered the property of Dulce without her knowledge
or consent.

3. A. If I were a lawyer of Tabs, I will file an action to quiet title, whenever there is a cloud on title
of real property or any interest therein, by reason of instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective,
voidable or unenforceable, and may be prejudicial to said title an action may be brought to
remove such cloud or to quite the title.

B. if Tab losses the case, He may be considered a builder of good faith and as such has the right
to retain the residential house and lot (and cannot be required to pay rent) until indemnity is
paid (Art.546 NCC). In addition, Tabs cannot be obliged to buy the land if its value is considerably
higher than 2 million which is the cost of the residential house.

The congressman provided he is a land owner in good faith has the following rights, Acquire the
residential house after paying indemnity to Tab or sell the land to Tab provided the value of the
land is not considerably higher than the Residential house. As another option the congressman
may elect to collect rent from tab from the usage of the said land.

C. If tabs is a lessee of the property, in good faith, useful improvement are introduce to the
property, the congressman as a lessor upon termination of the lease shall pay Tab one-half of
the value of improvements at that time. Should congressman refuse to reimburse the said
amount, Tab may remove the residential house, even the land may suffer damage thereby.

D. In this case, the Congressman will be considered in bad faith and as such he must pay
indemnity and damages to tabs based on the improvements introduced to his land, unless the
Tab decides to remove the residential house.

Congressman cannot compel tab to buy or enforce a lease on the land since he is in bad faith.
4. If I were the lawyer of Tisay, I will file an action to quiet title, whenever there is a cloud on title
of real property or any interest therein, by reason of instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective,
voidable or unenforceable, and may be prejudicial to said title an action may be brought to
remove such cloud or to quite the title. (Im quiet not sure atty, whether to use accion
reinvidicatoria on this case)

5. A. the property relationship the govern the Spouses is Absolute community of property as
established by Article 75 of the Family code.

B. The ownership, administration, enjoyment and disposition of the community property shall
belong to both spouses jointly. (Art. 96 of FC)

C. Yes, the relationship of Liza and Kitong as siblings who inherited an undivided property from
their parents are govern by rule on co-ownership. A co-owner has the right to alienate, assign or
mortgage his part on a co-ownership, except when personal rights are involved. (Art 493. NCC)

D. Any one of them may bring an action for ejectment (Art.487, NCC) since it is for the benefit of
the co-ownership, the proper action to file is an Accion interdictal for unlawful detainer.

6. The following are the requisites to grant an easement of right of way

a. Easement must be established at the point least prejudicial to the servient estate.
b. Claimant must be the owner of enclosed immovable or real right.
c. No adequate outlet to public highway.
d. Right of way must be absolute necessary not mere convenience
e. The isolation must not be due to claimants own act
f. There must be payment of proper indemnity

B. The land on which the easement is established or which the rights belongs is the dominant
estate.

C. The property or the estate which is subject to the obligation of easement is the servient
estate.

7. I will advise Dulce that she has the following remedies: if it is a public nuisance: 1. Prosecution
under the RPC or local ordinances 2. Civil action 3. Abatement without judicial proceeding (Art.
699 NCC) while for private nuisance the following are the remedies available: 2. Civil action 3.
Abatement without judicial proceeding (Art. 699 NCC)

In addition, I may also suggest that they may abate the nuisance from the fumes of acrylic paint
by demanding from Norman to remove the thing which constitutes the nuisance or if necessary
by destroying the thing which constitute the nuisance, without committing a breach of peace or
doing unnecessary injury. (Art. 707 NCC)