Monday, January 19, 2009

Philippine bar exam questions 2008 (Civil Q8)

Adam, a building contractor, was engaged by Blas to construct a house on a lot which he (Blas) owns. While digging on the lot in order to lay down the foundation of the house, Adam hit a very hard object. It turned out to be the vault of the old Banco de las Islas Filipinas. Using a detonation device, Adam was able to open the vault containing old notes and coins which were in circulation during the Spanish era. While the notes and coins are no longer legal tender, they were valued at P 100 million because of their historical value and the coins’ silver and nickel content. The following filed legal claims over the notes and coins:
i) Adam, as finder;
ii) Blas, as owner of the property where they were found;
iii) Bank of the Philippine Islands, as successor-in-interest of the owner of the vault; and
iv) The Philippine Government because of their historical value.
a) Who owns the notes and coins? (4%)
b) Assuming that either or both Adam and Blas are adjudged as owners, will the notes and coins be deemed part of their absolute community or conjugal partnership of gains with their respective spouses? (2%)

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