Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

F. Possession (Civil Code, arts. 523-561)

Discuss the following scenarios in relation to the concepts of possession as stipulated in Articles 523-561 of the Civil Code.

1. Mr. Santos is the registered owner of a vacant lot in the city. However, he has not visited the property for several years. One day, he discovered that Mr. Gomez has been using and cultivating the land without his permission. Mr. Santos demands that Mr. Gomez vacate the property immediately. Explain the legal consequences of Mr. Gomez's possession and the options available to Mr. Santos.
2. Ms. Rodriguez lives in a condominium unit owned by her sister. Her sister has been living abroad for a few years and has entrusted the management of the unit to Ms. Rodriguez. Ms. Rodriguez occupies and maintains the unit as her residence. Can Ms. Rodriguez acquire ownership of the condominium unit through continued possession? Discuss the requirements for acquisitive prescription of immovable property.
3. Mr. Reyes and Mr. Cruz were co-owners of a commercial building. Mr. Reyes transferred his share to Mr. Cruz and delivered physical possession of the property to him. However, Mr. Reyes continued to occupy and use a portion of the building for his business. Is Mr. Reyes considered a possessor in good faith or in bad faith? Explain the legal effects of his possession in relation to the rights of Mr. Cruz.