Question 14, 2017 Civil Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

XIV.

(Question XIV, Civil Law, 2017 Bar Exam)

Plutarco owned land that borders on a river. After several years, the action of the water of the river caused the deposit of soil, and increased the area of Plutarco’s property by 200 square meters.

(a) If Plutarco wants to own the increase in area, what will be his legal basis for doing so? Explain your answer. (2%)

(b) On the other hand, if the river dries up, may Plutarco validly claim a right of ownership of the dried-up river bed? Explain your answer. (2%)

Suggested Answer:

(a) Right of accession, particularly accretion, will be the legal basis. Answer

Under the Civil Code, the ownership of property gives the right by accession to everything which is incorporated or attached thereto, either naturally or artificially. Particularly, to the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. Rule

In the case at bar, the deposits naturally washed into an attached to the property of Pultarco due to the action of the water of the river. As a result, Plutarco’s land increased due to natural accretion. Apply

Thus, Plutaro is entitled to the additional area by virtue of the right of accession. Conclusion

(b) No. Answer

Under jurisprudence, the drying up of the river is not accretion. Hence, the dried-up river bed belongs to the State as property of public dominion, not to the riparian owner, unless a law vests the ownership in some other person. Rule

In the case at bar, the dried-up riverbed will belong to the State as it is not a valid form of accretion. Apply

Thus, Plutarco may not validly claim a right of ownership to the dried-up riverbed. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

A. Basic policy on labor

Frequency: ★★☆☆☆ 1. Security of tenure a. Entitlement to security of tenure Workers shall be entitled to security of tenure. (Section 3, Article XIII, 1987

I. Crimes against property

Frequency: ★★★★★ CHAPTER 1: ROBBERY IN GENERAL ELEMENTS – ROBBERY IN GENERAL: 1) There is taking of personal property; 2) The personal property belongs to

E. Crimes against public morals

Frequency: ★★★☆☆ CHAPTER 1: GAMBLING AND BETTING 1. Gambling a. CONCEPT Article 195. What acts are punishable in gambling. – (a) The penalty of arresto

4. Retroactive effect of penal laws

Frequency: ★★★★☆ Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal,

Question 10, 2017 Civil Law Bar Exam

X. (Question X, Civil Law, 2017 Bar Exam) Briefly explain whether the following contracts are valid, rescissible, unenforceable, or void: (a) A contract of sale

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