property pre-mid notes

by Albert Gunda Azura on Saturday, July 21, 2012 at 1:33pm

Property Pre- mid discussions (July 11, 2012)

DENR vs. Yap wherein it considered forest lands as INALIENABLE, there were question as to the propriety of declaration of President Arroyo that it was considered as inalienable lands and it would be in great prejudice to those who were in possession of the same when it was not yet considered as an inalienable land. There were long legalistic discussions which I find it too awesome to the extent of going back to the Philippine Bill 1902 (read the case) What is important in this case is that Forest lands are INALIEANABLE lands no matter how long you are in possession of that land you cannot consider it as your property. Possession of good faith or bad faith will not be considered. What things are called COMMON?

Lolas words of wisdom The most intelligent students are found here in this section If you really believe in what you are saying, you should always say something that comes from the heart, if really, the energy becomes POSITIVE so it will go to your hypothalamus, your inner self When you pose for a picture you show your left face you can have something nice in the picture You need to have 95 in your prelims Back to discussions.
Quieting of title, Article 476. Poulo please read the article, is it Poulo or Paolo? Lets make a dissection in the article. whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective, BUT IS IN TRUTH and in FACT INVALID, INEFFECTIVE, VOIDABLE, or ENFORCEABLE, and may be prejudicial to said title, an action may be brought to remove such cloud or quite the title. An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. Lets state the variables: Cloud. Real property. Interest or claim which is apparently (murag) valid or effective but is in truth and in fact being INVALID, INEFFECTIVE, VOIDABLE or ENFORCEABLE. An action maybe (permissive) brought to remove such cloud or quite the title.

You may prevent a cloud from coming into that real property of your client of any interest therein. NIDA. Nature. Incorporation.Destination. Analogy. the subject here is real property. When it is INVALID, then you can have quieting of title. When it is VOID, can you file a case of quieting of a title? No more because it is already VOID.

Just like an example, an agent whose authority was not in writing sold a lot belonging to his principal to another person in a representation to that said principal. It was not in writing. That deed of sale was a public instrument, Art 1874 a sale of an agent is not valid if the authority is not in writing. If the buyer insists of claiming the property may the principal bring an action of quieting the title? YES. Can the buyer file a petition to quite a title? The title is VOID. The owner may file the action but the buyer may not for it is void.

When youre happy it is easier to answer -Lola

Prescription and Laches. In prescription there is the element, you can count, 1 2 3, how many years. But in laches, it may be short but it is always. Cupangda vs. Cupangda case (be given after the exam) Remember also when an action to quiet the title will NOT prosper. At least you know,

that you will not file the action because it will not prosper.
Human body, vessel, floating house. When we speak of floating house, answer it on how Paras said. Floating house is considered to be REAL unless travelled from one place to another. Vessel considered to be personal, although it can be considered real for its significance.

Pre- mid Discussions pointers (July 14, 2012)

Lagoon- a small lake; pond- a body of stagnant water without an outlet, larger than a puddle and smaller than lake; Avulsion process where soil is deposited Alluvium - soil itself, deposited from the river Patrimonial or public land Non- navigable no one navigates the river; cannot be used for navigation. Navigable river the usual route for navigating in transporting from one place to another using the navigable river. Lake ,lagoon, ponds it is significant in studying because it can give you an understanding whether can it be acquired privately or it is by nature public thus cannot be capable of converting the same into patrimonial or private. Lake is basically PUBLIC. Ex. Laguna de bay (a body of water formed in depressions of the earth)

Creek Public (a small stream less than a river) Dry river bed may be acquired privately , wadi dili wati. (hahaha!) Easement Pecson vs. ca- assesment of the market value. (well be needing this in our practice daw)Pecson as in Philippines. Wadi dili wati! Regalian doctrine state ownership of mines and natural resources Hidden treasure (property owned by the wife, found on the land of the wife by the husband treasure is conjugal) Treasure in Significance to arts, if it is minerals it belongs to the state. Permit by the office of the Pres. before treasure hunting, a need for presidential decree. X is the owner of a piece of a piece of land where hidden treasure was believed to be buried. Y who owns a mechanical device used in detecting hidden treasure was given

permission by X to use the device is his land. Y discovered, after some effort, jewelry and other precious objects which are not of interest of science or arts worth 5 M. To whom should the treasure belong? Both. 50-50 because this is still a case of finding by chance, defined as good luck, in conformity with the intent of the Code of Commission. 1st, it is difficult to find hidden treasure without a hunt for it. 2nd, what is the use for asking permission, if after all it would go, all of it to the proprietor of the land? 3rd , permission is required, otherwise the finder would generally be a trespasser, who gets NOTHING.

Elements of hidden treasure (art. 439) 1. Hidden or unknown deposit (finding it would indeed be discovery) 2. Consists of money, jewelry or other precious objects 3. Their lawful ownership does not appear

DENR vs. Yap (forest lands) Vessels Co-ownership cannot sell an undivided property, it is owned in common, very disadvantage on the part of the buyer and the seller, the possession of co-ownership is just like that of a trustee, you are not yet the owner because there is no division yet. (Salvador v. CA) In love triangle, there is a beauty in co-ownership

Unlawful detainer and forcible entry