PROPERTY - JD 2C

MATRIX - LAND OWNER, BUILDER, PLANTER, SOWER, AND OWNER OF MATERIALS

Submitted By:

Emmanuel Enrico A. de Vera

2019119248

Submitted To;

Hon. Judge Abigail S. Domingo-Laylo

FIRST SCENARIO:
Land Owner is the Builder, Planter, Sower but used the material belonging to another

LAND OWNER IS THE BUILDER, PLANTER OR SOWER OWNER OF MATERIALS

Good Faith Good Faith
- Pay the value of the materials and acquire whatever - Receive the payment for the value of the materials.
was built, planted or sown. - Remove the materials w/o injury to the work
constructed, or w/o the plantings, construction or works
being destroyed.

Good Faith Bad Faith

- Acquire whatever was built, planted or sown w/o paying - Lose materials w/o being indemnified and should pay
indemnity and has right to claim damages. damages.
- Pay necessary expenses for preservation. - Receive payment to recover necessary expenses for
preservation w/o the right to retain the materials or
buildings until the indemnity is paid.

Bad Faith Good Faith

- Acquire whatever was built, planted or sown after paying - Receive the value of the materials and right to claim
the value of materials and obliged to pay damages, damages.
subject to the right of the owner of the material to remove. - Remove materials with or w/o injury and be indemnified
to damages.

Bad Faith Bad Faith

- As though acted in good faith (in pari delicto) - As though acted in good faith (in pari delicto)

SECOND SCENARIO:
Land Owner is not the Builder, Planter, Sower and the Owner of Materials

LAND OWNER BUILDER, PLANTER, SOWER AND OWNER OF MATERIALS

Good Faith Good Faith
- Pay the value of the materials and necessary expenses, - Have the right to retain the thing until indemnity is paid by
and acquire whatever was built, planted or sown. the Land Owner, if the land owner chooses to acquire the
- Pay the value of the expenses made in the production, improvements.
gathering and preservation. - Have the right to remove the improvements w/o damage
- Sell the land to the builder or planter unless the value of to the principal thing.
the land is considerably greater than the building, in which - Cannot be obliged to buy the land if its value is
case, the builder or planter shall pay rent. considerably more than that of the building or trees. In
- Collect rent from the sower. such case, the Builder or Planter shall pay reasonable rent.
- Parties shall agree upon the terms of the lease, in case of - Sower shall pay reasonable rent.
disagreement, the court will fix the terms. - Parties shall agree upon the terms of the lease, in case of
disagreement, the court will fix the terms.

Good Faith Bad Faith

- Acquires whatever was built, planted or sown w/o paying - Lose whatever was built, planted or sown w/o right to be
indemnity and collect damages. indemnified unless the Land Owner sells the land.
- Order the demolition of work, or planting or sowing be - Have the right to retain the thing until indemnity is paid for
removed; or replacement of things in their former the necessary expenses of preservation of the land.
condition at the expense of the person who built, planted - Pay damages to the Land Owner.
or sown, and collect damages for both instances.
- Sell the land to the builder or planter and collect damages.
- Rent it to the sower and collect damages.
- Pay necessary expenses for preservation.

Bad Faith Good Faith

- Acquires whatever was built, planted or sown after paying - Receive the value of the improvements and right to claim
indemnity and damages, unless the Builder, Planter or damages.
Sower decides to remove. - Remove materials with or w/o injury and be indemnified
- Cannot compel the Builder, Planter or Sower to buy the to damages.
land.

Bad Faith Bad Faith

- As though acted in good faith (in pari delicto) - As though acted in good faith (in pari delicto)
THIRD SCENARIO:
Land Owner; Builder, Planter, Sower; and the Owner of Materials are different persons

LAND OWNER BUILDER, PLANTER, SOWER OWNER OF MATERIALS

Good Faith Good Faith Good Faith
- Shall answer subsidiarily for their - Pay the value of materials to its owner - Receive the payment for the value of
value and only in an event that the w/o paying damages. the materials primarily from the
one who made use of them has no - Builder, Planter Sower may demand Builder, Planter or Sower, subsidiarily
property with which to pay. from the Land Owner the value of the from Land Owner.
- Pay the value of the materials and materials and labor if the L.O. chooses - Remove the materials w/o injury to
necessary expenses, and acquire to acquire the improvements. the work constructed, or w/o the
whatever was built, planted or sown. - Has the right to retain the thing until plantings, construction or works
- Pay the value of the expenses made indemnity is paid. being destroyed.
in the production, gathering and - Possessor in good faith may remove the
preservation. improvements w/o damage to the *Land Owner is subsidiarily liable ONLY
- Sell the land to the builder or planter principal thing. if he acquires the improvements.
unless the value of the land is - Builder or Planter shall pay reasonable
considerably greater than the building, rent and cannot be obliged to buy the
in which case, the builder or planter land if its value is considerably more
shall pay rent. than that of the building or trees.
- Collect rent from the sower. - Parties shall agree upon the terms of
- Parties shall agree upon the terms of the lease, in case of disagreement, the
the lease, in case of disagreement, the court will fix the terms.
court will fix the terms.

Good Faith Bad Faith Good Faith

- Has option to:
-Acquire whatever was - Lose whatever was built, planted or - Receive the payment for the value of
built, planted or sown without paying sown w/o right to be indemnified the materials primarily from the
indemnity and collect damages. unless the Land Owner sells the land. Builder, Planter or Sower, subsidiarily
-Order the demolition of work, or - Without a right to retain the thing until from Land Owner.
planting or sowing be removed; or indemnity is paid for the necessary - Remove the materials w/o injury to
replacement of things in their former expenses of preservation of the land. the work constructed, or w/o the
condition at the expense of the - Pay the value of the materials to its plantings, construction or works
person who built, planted or sown, owner plus damages. being destroyed.
and collect damages in both cases. - Pay damages to the Land Owner.
-Sell the land to the builder or
planter; or rent it to the sower and
collect damages in both cases.
- Pay necessary expenses for
preservation.
- Subsidiarily liable to the Owner of
Materials.

Bad Faith Good Faith Good Faith

- Acquires whatever was built, planted * If the Builder, Sower or Planter pays - Receive the payment for the value of
or sown after paying indemnity and the Owner of Materials. the materials primarily from the
damages, unless the Builder, Planter Builder, Planter or Sower, subsidiarily
or Sower decides to remove. - Builder, Planter Sower may demand from Land Owner.
- Cannot compel the Builder, Planter or from the Land Owner the value of the - Remove materials with or w/o injury
Sower to buy the land. materials and labor and shall also be and be indemnified to damages.
obliged to the reparation of damages.
- Remove materials with or w/o injury
and be indemnified to damages.
 Bad Faith Bad Faith Good Faith
- Shall answer subsidiarily for their - Pay the value of materials to its owner. - Receive the payment for the value of
value and only in an event that the - Builder, Planter Sower may demand the materials primarily from the
one who made use of them has no from the Land Owner the value of the Builder, Planter or Sower, subsidiarily
property with which to pay. materials and labor if the L.O. chooses from Land Owner.
- Pay the value of the materials and to acquire the improvements. - Remove materials with or w/o injury
necessary expenses, and acquire - Has the right to retain the thing and and be indemnified to damages.
whatever was built, planted or sown. cannot be required to pay rent until
- Pay the value of the expenses made indemnity is paid.
in the production, gathering and - Possessor in good faith may remove the
preservation. improvements w/o damage to the
- Sell the land to the builder or planter principal thing.
unless the value of the land is - Builder or Planter shall pay reasonable
considerably greater than the building, rent and cannot be obliged to buy the
in which case, the builder or planter land if its value is considerably more
shall pay rent. than that of the building or trees.
- Collect rent from the sower. - Parties shall agree upon the terms of
- Parties shall agree upon the terms of the lease, in case of disagreement, the
the lease, in case of disagreement, the court will fix the terms.
court will fix the terms.

Good Faith Good Faith Bad Faith

- Pay the value of the materials and - Builder, Planter Sower has the right to - Lose materials w/o being indemnified
necessary expenses, and acquire retain the thing, and cannot be required and should pay damages.
whatever was built, planted or sown. to pay rent, until indemnity is paid, if
- Pay the value of the expenses made the L.O. chooses to acquire the *The Builder, Planter or Sower would
in the production, gathering and improvements. be considered merely an agent of the
preservation. - Possessor in good faith may remove the Owner of Materials.
- Sell the land to the builder or planter improvements w/o damage to the
unless the value of the land is principal thing.
considerably greater than the building, - Builder or Planter shall pay reasonable
in which case, the builder or planter rent and cannot be obliged to buy the
shall pay rent. land if its value is considerably more
- Collect rent from the sower. than that of the building or trees.
- Parties shall agree upon the terms of - Parties shall agree upon the terms of
the lease, in case of disagreement, the the lease, in case of disagreement, the
court will fix the terms. court will fix the terms.
- Without subsidiary liability for cost of - Without indemnity to Owner of
materials. Materials and has the right to collects
damages from the O.M.

Good Faith Bad Faith Bad Faith

- Has option to: - Lose whatever was built, planted or - Receive the payment for the value of
-Acquire whatever was sown w/o right to be indemnified the materials primarily from the
built, planted or sown without paying unless the Land Owner sells the land. Builder, Planter or Sower.
indemnity and collect damages. - Without a right to retain the thing until - Remove the materials w/o injury to
-Order the demolition of work, or indemnity is paid for the necessary the work constructed, or w/o the
planting or sowing be removed; or expenses of preservation of the land. plantings, construction or works
replacement of things in their former - Pay the value of the materials to its being destroyed if the Builder, Planter
condition at the expense of the owner plus damages. or Sower acquired improvements.
person who built, planted or sown, - Pay damages to the Land Owner. - May be liable to the Land Owner for
and collect damages in both cases. damages.
-Sell the land to the builder or - No action against the Land Owner.
planter; or rent it to the sower and
collect damages in both cases.
- Has the right to demand damages to
Builder, Planter or Sower; and to the
Owner of Materials.
- Pay necessary expenses for
preservation.
- Not subsidiarily liable to the Owner of
Materials because they acted in bad
faith.
 Bad Faith Good Faith Bad Faith
- Acquires whatever was built, planted * If the Builder, Sower or Planter pays - Lose materials w/o being indemnified
or sown after paying indemnity and the Owner of Materials. and should pay damages.
damages, unless the Builder, Planter
or Sower decides to remove. - Builder, Planter Sower may demand *The Builder, Planter or Sower would
- Cannot compel the Builder, Planter or from the Land Owner the value of the be considered merely an agent of the
Sower to buy the land. materials and labor and shall also be Owner of Materials.
obliged to the reparation of damages.
- Remove materials with or w/o injury
and be indemnified to damages.

Bad Faith Bad Faith Bad Faith

- As though acted in good faith - As though acted in good faith - As though acted in good faith
(in pari delicto) (in pari delicto) (in pari delicto)
 PROPERTY - JD 2C
MATRIX - RIGHTS OF A POSSESSOR

Submitted By:

Emmanuel Enrico A. de Vera

2019119248

Submitted To;

Hon. Judge Abigail S. Domingo-Laylo

RIGHTS OF A POSSESSOR

Good Faith Bad Faith

- Entitled to the fruits received before the possession is - Shall reimburse the fruits received and those which the
legally interrupted. legitimate possessor could have received and shall have a
right only to necessarry expenses in the production,
gathering and preservation of such fruits.

- The possessor shall have a right to a part of the expenses - None.

of cultivation, and to a part of the net harvest, both in
proportion to the time of the possession.

- Right of reimbursement and retention of the necessary - Right of reimbursement of the necessary expenses only.
expenses.

- Right of reimbursement, retention and limited right of - None.

removal of the useful expenses.

- Ornamental expenses shall not be refunded but has a - Ornamental expenses shall not be refunded but has a
limited right of removal. He may remove without injury to limited right of removal. He may remove without injury to
the principal thing, and if the lawful possessor does not the principal thing, and if the lawful possessor does not
prefer to refund the amount expended. prefer to retain them by pating its value at the time he
enters into possession.

- Has no liability in case of deterioration or loss. But not in - Is always liable in case of deterioration or loss.
the event of his fraudulent act or negligence, or after
service of summons.
 PROPERTY - JD 2C
CASES

Submitted By:

Emmanuel Enrico A. de Vera

2019119248

Submitted To;

Hon. Judge Abigail S. Domingo-Laylo

 PROPERTY - JD 2C
ASYNCHRONOUS ACTIVITY
CASE DIGESTS

Submitted By:

Emmanuel Enrico A. de Vera

2019119248

Submitted To;

Hon. Judge Abigail S. Domingo-Laylo