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All ▸ Bar 2024 ▸ Civil Law ▸ V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, Art. 712) ▸ A. Occupation (Civil Code, arts. 713-720)

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Question

V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, Art. 712) - A. Occupation (Civil Code, Arts. 713-720)

1. Rodel, a fisherman, frequently casts his fishing net in the open waters near his coastal village. One day, while pulling up his net, he discovers a valuable pearl inside. Rodel believes that he has acquired ownership over the pearl through occupation under Article 713 of the Civil Code, which states that "treasure hidden in a treasure trove belongs to the finder." However, the local government claims that the pearl should be turned over to them as it was found within their jurisdiction. Resolve the conflict, citing the appropriate provisions of the Civil Code.

2. Maria, a hiker, discovers a picturesque piece of land in a remote mountain area. She meticulously takes care of the land by clearing it of debris and planting trees. She believes that she has acquired ownership over the land through occupation since she was the first person to discover and cultivate it. However, Juan, an indigenous person, asserts that the land is part of their ancestral domain and should not be claimed by Maria. Discuss the conflicting claims, taking into consideration the relevant provisions of the Civil Code.

3. Pedro, a farmer, unintentionally discovers a buried ancient artifact while tilling his farmland. He believes that he has acquired ownership over the artifact through occupation as it was found within his property. However, a local museum claims that the artifact is of significant historical value and should be turned over to them. Analyze the competing claims, making reference to the relevant provisions of the Civil Code.

4. Sofia, a diver, comes across a shipwreck while exploring the depths of the ocean. She finds valuable artifacts and believes that she has acquired ownership over them through occupation since they were abandoned and submerged underwater. However, an underwater archaeology team argues that the artifacts should be preserved and studied for their historical significance. Resolve the dispute, citing the applicable provisions of the Civil Code.


Answer

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