Dear Future Lawyers3

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Dear Future Lawyers:

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

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