Question

Mr. Rodriguez and Mr. Santos are neighboring landowners in a suburban area. Mr. Rodriguez has a house and a backyard, while Mr. Santos has a vacant lot. A dispute arises between them regarding the ownership and use of a large tree that stands exactly at the boundary between their properties. Mr. Rodriguez argues that the tree should be considered as part of his backyard and therefore, he has the exclusive right to cut it down. On the other hand, Mr. Santos claims that since the trunk of the tree is rooted on his side of the boundary, he should have the sole authority over it.

Assuming that the tree in question is a natural tree and not artificially planted, and the branches and roots spread equally on both properties, discuss the following:

1. Who has the ownership and control over the tree under the Civil Code?
2. Can Mr. Rodriguez cut down the tree without Mr. Santos' consent?
3. Does the ownership of the tree change if it becomes damaged or diseased?
4. What remedies are available to resolve the dispute?