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Dear Future Lawyers3
Dear Future Lawyers3
Dear Future Lawyers3
To guide in your study of Possession, here are ticklers you have to answer and
submit to me tomorrow.
I. ive at least ! "resum"tions in favor of "ossession :
II.
ive at least ! conse#uences of Possession in the $once"t of an %wner and
! $onse#uences of Possession in the $once"t of &older:
III. ' bought a "arcel of land from ( with an evidence Deed of )ale. ' "lanted a few
fruit bearing trees therein but did not construct ni"a hut therein. *nknown to ', (
again sold the "arcel of land to +, who was "ersuaded to buy the same because +
found out that indeed no one "ossessed the "ro"erty. + established a resort in the
"ro"erty. *"on discovery, ' sued + for recovery of "ossession. D,$ID,.
I-. .e"resenting himself to be the Dean of the $ollege of Law of the Polytechnic
*niversity of the Phili""ines, ( ordered for a com"lete set of )$.( from .,+
bookstore for which the latter "re"ared an invoice and delivered to the address of (,
who in turn "aid a check. /ithin the day, ( in turn sold the com"lete set of )$.( T%
', who "aid in cash. 'efore (0s check cleared, he again ordered another set of )$.(
from .,+ bookstore but this time the latter refused. (fter three days, (0s check was
dishonored. .,+ bookstore sought the assistance of the "olice and accosted ( for
#uestioning who later divulged the name and address of ', his buyer. .e1 'ookstore
now sues ' for recovery of the com"lete set of )$.( allegedly for having bought the
stolen merchandise. ' refused. $an .e1 'ookstore com"el ' to deliver the )$.( to
.,+ 'ookstore2 D,$ID, using as your arguments the "rinci"les of "ossession.
-. +, a student, urgently needed money to fund his valentine0s date. &e gave his
I"hone to his classmate, 3 with instructions to sell it. *nfortunately, 3 could not sell
the same because of the high "rice and instead "awned the same to 4, a "awnsho".
y "ocketed the money. *"on discovery, + decided to claim the I"hone from the 4. 4
refused.
5. $an 4 validly refuse to return the I"hone to +2 /hy
6. (ssume that the I"hone was already auctioned and is now with (, can + validly
recover the same2 If yes, under what circumstance7s2
8. (ssume that the I"hone was sold and delivered by 3 to (, who "aid in full but 3
did not give the "roceeds of the sale to +, may the latter still recover from (2
9. (ssume that the I"hone was stolen from + by $ who sold to D who sold to ,, can
+ still recover the I"hone from ,2