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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSB. Ownership (Civil Code, arts. 427-439)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

B. Ownership (Civil Code, arts. 427-439)

Consider the following scenario:

Benjamin, a resident of Metro Manila, purchased a vacant lot located in a provincial town. After several years, he decided to construct a house on the lot and hired a contractor, Carlos, to do the construction work. They entered into a written contract that clearly stated Carlos's responsibilities, including the timeline for completion and the quality of work expected.

During the construction, Carlos encountered some difficulties due to unforeseen circumstances, such as the presence of a large underground rock formation that required additional expenses to remove. Benjamin refused to cover the additional costs and insisted that it was Carlos's responsibility to resolve the issue without any additional payment.

Based on the given scenario, please answer the following questions:

  1. Discuss the concept of ownership under Philippine law and explain its significance in the given scenario.
  2. Analyze the rights and obligations of Benjamin as the owner of the lot in relation to the construction work being done by Carlos.
  3. Examine the possible legal remedies available to Carlos if Benjamin fails to fulfill his obligations as stated in their contract.



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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS B. Ownership (Civil Code, arts. 427-439) Consider