Monday, January 19, 2009

Philippine bar exam questions 2008 (Civil Q7)


Anthony bought a piece of untitled agricultural land from Bert. Bert, in turn, acquired the property by forging Carlo’s signature in a deed of sale over the property. Carlo had been in possession of the property for 8 years, declared it for tax purposes, and religiously paid all taxes due on the property. Anthony is not aware of the defect in Bert’s title, but has been in actual physical possession of the property from the time he bought it from Bert, who had never been in possession. Anthony has since then been in possession of the property for one year.
a) Can Anthony acquire ownership of the property by acquisitive prescription? How many more years does he have to possess it to acquire ownership? (2%)
b) If Carlo is able to legally recover his property, can he require Anthony to account for all the fruits he has harvested from the property while in possession? (2%)
c) If there are standing crops on the property when Carlo recovers possession, can Carlo appropriate them? (2%)

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