LAGUNA STATE POLYTECHNIC UNIVERSITY

Sta. Cruz, Main Campus, Sta. Cruz, Laguna

COLLEGE OF LAW

MIDTERM EXAMINATION PROPERTY LAW

“Your task is not to hope or seek a better world, it is more than that. Your purpose as a lawyer is
to use your life to shape the law so that it authentically contributes to the achievement of the best
society for every human being,”
-Senior Associate Justice Marvic F. Leonen

1. Distinguish a thing from a property.

2. Paul is the owner of a piece of land where hidden treasure was believed to be buried. Chip,
who owns a device used in detecting hidden treasure was permitted by Paul to use the device on
his land. Chip discovered, after some effort, jewelries and other precious objects which were not
of interest to science or the arts worth ₱100,000.00. To whom should the treasure belong?
Explain briefly.

3. Define Accession. Is it a mode of acquiring ownership? Why or why not?

4. a) Can a lessee be a builder in good faith?

b.) in a contract of lease over a parcel of land, a promise to sell was stipulated. If the lessee
improves the land, can he claim to be a builder in good faith on the basis of the promise to sell?
Why?

5. King constructed a house in good faith on land belonging to Ken who is also in good faith.
What are the rights and obligations of the parties.

6. Using the lumber belonging to Carlo, Brian constructed a kubo on land belonging to Amber.
He was aware that the lumber belonged to Carlo and the land to Amber. Both Carlo and Amber
were abroad at the time of the construction. One year later, the two (2) returned to the
Philippines. Subsequently, Amber commenced against Brian, Carlo intervened. What are the
rights and obligations of the parties.

7. During the prolonged absence of Anton, the owner of a cattle ranch where cattle from America
and Australia were being bred, Yohan, owner of a neighboring ranch fraudulently mixed up all
his cattle with all those belonging to the former. Years later, Anton returned and found out what
had happened, he brought an action against Yohan for the recovery of his cattle plus damages.
Rule on the matter.

8. a.) When may an action be brought to remove the cloud or quiet a title to a real property or
interest therein?
b.) Are tax declarations conclusive evidence of ownership of properties stated therein?

9. Anna and her sister Bettina are co-owners of a two-story building. The upper floor was
occupied for residential purposes by Bettina and her husband, Herbert, while the ground floor
was leased to several storeowners. One of the spaces was use by Herbert as his office. Later,
Anna brought an action against Bettina and Herbert demanding for payment of her ½ share of
rentals for the use of the house which they were occupying.
a.) Should Bettina and Herbert pay rents for occupying the upper floor?
b.) How about for the office occupied by Herbert?

10. Differentiate movable from immovable property.

GOOD LUCK

-KCD