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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSF. Possession (Civil Code, arts. 523-561)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

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

Scenario:

Marta, a renowned artist, acquired a piece of land through a valid sale. However, she left the property vacant and unused for several years due to her busy schedule. During this period, Juan, a local farmer, took possession of the land without the knowledge or consent of Marta. Juan cultivated the land, planted crops, and built a small dwelling on the property.

As Marta discovers Juan's possession of her land, she decides to assert her rights as the true owner. She files a case to recover possession of the land.

Question:

  1. Discuss the concept of possession as defined under the Civil Code of the Philippines.
  2. Can Juan be considered a possessor in good faith? Explain your answer.
  3. What legal remedies are available to Marta in order to recover possession of her land? Discuss.



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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS F. Possession (Civil Code, arts. 523-561) Scenario: