Assignment in Possession

I. Give at least 5 PRESUMPTIONS IN FAVOR OF POSSESSION:

II. Give at least 2 consequences of POSSESSION IN THE CONCEPT OF AN OWNER and 5 consequences of POSSESSION IN THE CONCEPT OF HOLDER (Article 525):POSSESSION IN THE CONCEPT OF AN OWNER

POSSESSION IN THE CONCEPT OF HOLDER

III. B bought a parcel of land from A with an evidence Deed of Sale. B planted a few fruit bearing trees therein but did not construct nipa hut therein. Unknown to B, A again sold the parcel of land to X, who was persuaded to buy the same because X found out that indeed no one possessed the property. X established a resort in the property. Upon discovery, B sued X for recovery of possession. DECIDE.

IV. Representing himself to be the Dean of the College of Law of the Polytechnic University of the Philippines, A ordered for a complete set of SCRA from REX bookstore for which the latter prepared an invoice and delivered to the address of A, who in turn paid a check. Within the day, A in turn sold the complete set of SCRA TO B, who paid in cash. Before A’s check cleared, he again ordered another set of SCRA from REX bookstore but this time the latter refused. After three days, A’s check was dishonored. REX bookstore sought the assistance of the police and accosted A for questioning who later divulged the name and address of B, his buyer. Rex Bookstore now sues B for recovery of the complete set of SCRA allegedly for having bought the stolen merchandise. B refused. Can Rex Bookstore compel B to deliver the SCRA to REX Bookstore? DECIDE using as your arguments the principles of possession.

V. X, a student, urgently needed money to fund his valentine’s date. He gave his Iphone to his classmate, Y with instructions to sell it. Unfortunately, Y could not sell the same because of the high price and instead pawned the same to Z, a pawnshop. Y pocketed the money. Upon discovery, X decided to claim the Iphone from the Z. Z refused.1. Can Z validly refuse to return the Iphone to X? Why?

2. Assume that the Iphone was already auctioned and is now with A, can X validly recover the same? If yes, under what circumstance/s?

3. Assume that the Iphone was sold and delivered by Y to A, who paid in full but Y did not give the proceeds of the sale to X, may the latter still recover from A?

4. Assume that the Iphone was stolen from X by C who sold to D who sold to E, can X still recover the Iphone from E?

Please submit your answers to the assignment in handwritten format on a yellow pad. Thank you.