2017 (Civil Law) Bar Exam Questions: Question 5

[Answer/discuss the question below, or see 2017 bar exam Civil Law Instructions; 2017 Labor Law Questions: 12346789101112131415, and 16; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

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Jacob has owned a farm land in Ramos, Tarlac. In 2012, Liz surreptitiously entered and cultivated the property. In 2014, Jacob discovered Liz’s presence in and cultivation of the property. Due to his being busy attending to his business in Cebu, he tolerated Liz’s cultivation of the property. Subsequently, in December 2016, Jacob wanted to regain possession of the property; hence, he sent a letter to Liz demanding that she vacate the property. Liz did not vacate despite the demand.

Jacob comes to enlist your legal assistance to bring an action against Liz to recover the possession of the property.

What remedies are available to Jacob to recover possession of his property under the circumstances? Explain your answer. (4%)

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