Questions:

1.Separate treatment by the parties of a building from the land on which it stands does
not change the immovable character.
2. Where chattel mortgage is constituted on machinery permanently attached to the
ground, machinery is personal property and mortgage is null and void, regardless of
who owns the land.
3. The attachment of the municipal trucks, police cars, police station and market stalls is
valid because the properties levied upon are not exempt from execution.
4. A bonus paid by the mortgage debtor to another who had mortgaged his land to
secure the payment of the debtors obligation to a bank is a civil fruit of the mortgaged
property.
5. A forced co-ownership occurs when the Builder, Planter or Sower has acted in good
faith.
6. An order by a court compelling a builder in good faith to remove is building from land
belonging to another who chooses neither to pay for such building nor sell the land is
valid.
7. While a possessor in good faith may retain the property until he is reimbursed for
necessary and useful expenses, all the fruits he receives from the moment his good
faith ceases must be deferred or paid by him to the landowner.
8. Redemption of the property by a co-owner does not vest in him sole ownership over
said property but will inure to the benefit of all co-owners.
9. The written notice of sale is not a mandatory requirement for the tolling of the 30- day
redemption period, notwithstanding actual knowledge of a co-owner.
10. There was no perfect contract of pledge and the depositary was placed in the
possession of the goods after the symbolic transfer by means of delivery to him of the
keys to the warehouse where the goods were kept.
11. An easement of a right of way can be acquired through prescription because
possession of right of way is intermittent and discontinuous.
12. Criterion of the least prejudice to the servient estate must not prevail over the
criterion of the shortest distance.
13. A voluntary easement of right of way could be extinguished only by mutual
agreement or by renunciation of the owner of the dominant estate.

14.Bad use of the thing in usufruct is a ground to extinguish the right.

15.Receipt by the usufructuary of the expropriation indemnity should be considered
proof of adverse possession.

Answer key:
1.True. An inscription of a deed of sale of real property in the chattel mortgage registry
cannot be given the legal effect of an inscription in the registry of real property. (Leung
Yee v. Strong Machinery, 1981)
2.False. The mortgage is valid. It is undeniable that the parties to a contract may by
agreement treat as personal property that which by its nature would be real property, as
long as no interest of third parties may be prejudiced thereby. (Makati Leasing and
Finance Corp v. Wearever Textile Mills 1983)
3.False. Property for public use of the municipality is not within the commerce of man so
long as it is used by the public. (Vda. De Tantoco vs. Municipal Council of Iloilo)
4.False. It is not income delivered from the property but a compensation granted for the
risk assumed by the owner of the property. (Bachrach vs. Talisay-Silay)
5.True. Owner of the land has the right of retention (to pay) because his right is older
and because, by the principle of accession, he is entitled to the ownership of the
accessory thing. (Bernardo vs. Baticlan)
6.False. It is null and void. Article 448 of NCC, the owner has the option. The court
cannot order the removal of the building.
7.True. The possessor in goodfaith may, however, secure the reimbursement of his
expenses by using the fruits to pay it off (deduct the value of the fruits he receives from
the time his good faith ceases from the reimbursement due him). (Ortiz vs Kayanan)
8.True. Redemption is not a mode of termination of relationship. (Mariano v CA)
9.False. The written notice of sale is mandatory for the tolling of the 30-day redemption
period, notwithstanding actual knowledge of a co-owner. (Verdad v CA, 1996)
10. False. There was already a perfected contract of pledge upon the symbolic delivery
of the keys of the warehouse. (Banco Espanol Filipino v. Peterson)
11.False. An easement of a right of way cannot be acquired through prescription
because possession of right of way is intermittent and discontinuous. (Ronquillo v
Roco)
12.False. Criterion of the least prejudice to the servient estate must prevail over the
criterion of the shortest distance. (Quimen v. Quimen)
13.True. A voluntary easement of right of way could be extinguished only by mutual
agreement or by renunciation of the owner of the dominant estate. The opening of an

adequate outlet to a highway can extinguish only legal or compulsory easements, not
voluntary easements. (La Vista v. CA)
14.False. Article 610 of NCC, a usufruct is not extinguished by the bad use of the thing
in usufruct.
15.False. Receipt by the usufructuary of the expropriation indemnity should not be
considered proof of adverse possession. (Quirante vs Quirante, CA case)