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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSC. Right of Accession, Movables and Immovable (Civil Code, arts. 440-475)

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IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS - C. Right of Accession, Movables and Immovable (Civil Code, arts. 440-475)

1. Mr. Santos, a furniture maker, was hired by Ms. Gomez to create a custom-made dining set for her new house. During the construction, Mr. Santos used his own materials, including a rare and valuable wood that he sourced from a distant province. When the dining set was finished, Ms. Gomez was amazed by its beauty and quality.

A few years later, Ms. Gomez decided to sell the dining set as part of her antique collection. Unbeknownst to her, the rare wood used in the dining set had become highly sought after in the market, making it extremely valuable. Mr. Santos, upon seeing the dining set being advertised for sale, learned about its increased value.

  1. Can Mr. Santos claim ownership or any rights over the dining set based on the principle of accession? Explain your answer.
  2. If Mr. Santos can claim ownership, what legal recourse can he take to protect his rights? If not, what other legal principles may apply in this situation? Discuss.



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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS - C. Right of Accession, Movables and Immovable (Civ