Philippine Bar review · Question

Practice question: Possession

Multiple Choice Hard

Practice question

A bad-faith possessor knowingly withholds a building. An unforeseeable disaster then destroys it before lawful recovery. Bad faith and loss are established, and the possessor relies solely on fortuitous event as a complete552 defense. Which is correct?
  1. 552 makes the bad-faith possessor liable even for fortuitous-event loss
  2. Every fortuitous event necessarily immunizes every bad-faith possessor
  3. Bad faith becomes good faith during a storm
  4. The owner automatically bears every loss
  5. Only the weather forecast determines the statutory result

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles537,544,549 and552–556.

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