1. May the alluvial deposits be lost by prescription in favor of another?

Choose the best

answer.

A. No, because there is registration by fiction of law.

B. No, because it is covered by a Torrens title.
C. Yes, because it is not covered by a Torrens title.
D. Yes

2. The northeastern portion of the land of X is bounded by the Manila bay. If there is accretion
formed, who owns the accretion? Choose the best answer.

A. The riparian owner.

B. The accretion belongs to the state.
C. The owner of the contiguous land.

3.  Which of the following is not a characteristic of a co-ownership?

A. There must be more than one subject or owner.

B. There is one physical whole divided into ideal shares.
C. Each share is definite in amount, but is not physically segregated from the first.
D. The co-ownership has juridical personality.

4. The following are modes of extinguishing usufruct except,

A. Expiration of the period for which it was constituted.

B. Merger of the usufruct and ownership in the same person.
C. Total loss of the thing.
D. Bad use of the thing in usufruct.

5. X,Y, and Z are co-owners of a real property which was mortgaged to A. X redeemed it
during the period of redemption with his personal funds. Did X become the sole owner of the
property, thereby terminating the co-ownership?

A. Yes, because his redemption vest in him sole ownership.

B. Yes, because the funds belong to him alone.
C. No, because the redemption inured to the benefit of all co-owners.
D. No, because Y and Z did not consent to the redemption.

6. The following are the classes of possession except.

A. Possession in one’s name or possession in the name of another.

B. Possession in the concept of an owner or possession in the concept of a holder.
C. Possession in good faith or bad faith.
D. Possession with just title.

7. The following are the requisites of the easement of right of way, except.

A. The property is surrounded by other estate.

B. There must be no adequate outlet to a public highway.
C. There must be indemnity.
D. That if there is outlet, it is not convenient to the dominant estate.

8. The following are disqualified to donate to each other, except.

A. Those guilty of adultery or concubinage at the time of the donation.

B. Those found guilty of the same criminal offense in consideration thereof.
 C. Those made to public officers or their spouses, descendants, or ascendants, by
reason of their office.
D. Those obliged to support one another.

9. The following are the remedies against private nuisance, except.

A. A civil action

B. A prosecution under the penal code or any local ordinance.
C. Abatement without judicial proceedings.
D. None of the above.

10. The nature of action in Quieting of Title is in personam.

A. No, it is always a real action since the subject is real property.

B. No, because the decision is enforceable against the whole world.
C. Yes, provided the subject is personal property.
D. Yes, because the decision is enforceable only against the defeated party.

11. Minerals are still owned by the state even if discovered from a private land.

A. Yes, provided the land is not titled.

B. Yes, because the constitution so provides.
C. No, if the land is titled to a private person.
D. No, it will violate property and property rights.

12. The owner and the tenant are in both possession of the land subject of the lease contract.

A. No, only the tenant, because he is in actual possession of the land.

B. No, only the owner, because the other is just a mere tenant.
C. Yes, but of different concept.
D. No, either of them.

13. Negative easement may be acquired by prescription through notarial prohibition.

A. No, because it is non-apparent.

B. Yes, because notarial prohibition makes apparent what is non-apparent.
C. Yes, because it is provided for by law.
D. Yes, only after 10 years from service of notarial prohibition.

14. In case of roots of a neighboring tree intruded to the state of another, the neighboring
owner has the right to cut it off.

A. Yes, only after his demand for the cutting is ignored.

B. Yes, because he owns the roots that intruded at his property.
C. No, without permission from the owner of the tree.
D. Yes, only after 10 years of prescription.

15. Which statement is correct?

1. Accession is the right of an owner of a property to everything which is produced thereby

or which is incorporated or attached thereto either naturally or artificially.
2. Natural, industrial and civil fruits belong to the owner.

A. Both statements are correct.

B. Statement 1 is correct; statement 2 is incorrect.
C. Statement 1 is correct; statement 2 is correct.
D. none
16.  It is a process whereby the current of a river, creek, or torrent segregates from an estate
on its bank a known portion of land and transfers it to another estate. Such process is known
as:
A. Alluvion
B. Avulsion
C. Adjunction
D. Commixion

17. Which provision of the Condominium Act (RA 4796) is correct?

1. A condominium corporation shall not, during its existence, sell, exchange, and lease
or otherwise dispose of the common areas owned by or held by in the condominium project
unless authorized by the affirmative vote of all the stockholders or members.

2. Whenever real property has been divided into condominiums, each condominium
separately owned shall be separately assessed, for purposes of real property taxation and
other tax purposes, to the owners thereof and tax on each such condominium shall constitute a
lien solely thereon.

A. Provision 1 is correct, 2 is incorrect.

B. Both provisions are incorrect.
C. Both provisions are correct.
D. Provision 1 is incorrect, 2 is correct. (simple majority only)

18. In like manner, Bad Faith is not presumed. Why?

A. Yes, because bad faith is personal.

B. Yes, because bad faith could be inherited.
C. Yes, because ignorance of the law excuses no one.
D. Yes, because it should be proven in court.

19. In land registration cases, the government is always represented by whom?

A. By the Office of the City Prosecutor.

B. By the Office of the Solicitor General.
C. By a private counsel hired for that matter.
D. By the Register of Deeds.

20. Accession is not a mode of acquiring ownership?

A. Yes, because it was not one of the seven (7) modes of acquiring ownership.
B. No, it is considered as acquisition by law.
C. No, because it is neither alluvium nor avulsion.
D. Yes, in accordance with our customs.

21. A Torrens Title is not a protection in alluvium?

A. No, because a land covered by Torrens Title is not subject to prescription.

B. No, for economic reason.
C. Yes, because the soil added cannot be identified.
22. A possessor in bad faith of a land is entitled for reimbursement as a matter of right?

A. Yes, but only to useful expenses.

B. No to all kind of expenses, because he is in bad faith.
C. Yes, but only to luxury expenses.
D. Yes, but only to necessary expenses.
23. In land registration cases, the court may acquire jurisdiction only after:

A. Service of summons to the respondents/defendants.

B. After trial of the case.
C. Upon filing of the petition/complaint.
D. Upon publication.

24. In the contract of usufruct, the owner of the property is being called the naked owner.
Why?

A. Because the owner lost possession of the property.

B. Only if the subject is real property.
C. Because of the agreement of the parties.
D. Because he was divested of his two (2) major rights.

25. In formation of an island, the owner of the nearest margin/distance is the owner of the new
island?
A. Because of the principle that accessory follows the principal.
B. Because of the express provision of laws.
C. Only if the river is floatable or navigable.
D. Only if the river is non-floatable or non-navigable.

26. Easement is always a real right.

A. Yes, if the easement is for use of another real property.

B. No, if the easement is for use of person only.
C. Yes, because it is enforceable against the whole world.

27. Registration of the Register of Deeds is a mode of acquiring ownership.

A. Yes as provided for by P.D. 1529.

B. Yes as provided for by the New Civil Code.
C. No, it is only for the protection of ownership rights.
D. Yes, because if you failed to register it, you may lost it by prescription.

28. May a local ordinance extinguish a legal easement?

A. Yes, because it is a recent law.

B. Yes, if the local ordinance expressly provided the same.
C. No, because a local ordinance should not be repugnant to law.
D. No, because the local ordinance is not valid for being contrary to law.

29. A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as
a matter of right.

A. Yes, from the time he signed the Contract of Sale.

B. Yes, from the time he fully paid the purchase price.
C. Yes, from the time of the delivery of the condo unit.
D. Yes, provided it is stated at the Master Deeds.

30. The nature of action in Quieting of Title is in personam.

A. No, because the subject of the case is always a real property.

B. No, because the decision in the case is enforceable against the whole world.
C. Yes, provided the subject is a personal property.
D. Yes, because the decision is enforceable only against the litigating parties.
31. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to
himself?
A. No, because there is no force upon person.
B. Yes, if there is force upon thing.
C. Yes, like in prescription.
D. Yes, because the owner lost only physical possession.

32. Reproduction of books by Xerox or photocopying is a violation of the Copyright Law?

A. No, it is being tolerated anyway.

B. No, because there is no law that prohibits it.
C. No, because it is economical.
D. Yes, because it deprives the author of his royalties.

33. Donation is both an act and a contract.

A. No, because it is an act of man only.

B. No, because there is no exchange of value.
C. Yes, because it is a gratuitous contract.
D. No, because it is not part of Obligation and Contract of New Civil Code.

34. Donation of the same thing to two or more persons shall be governed by the rule on double
sale?
A. No, because they are of different contracts.
B. No, because they are covered by different chapters of the New Civil Code.
C. Yes, because both acts transfer ownership.
D. No, because in donation there is no exchange of value.

35. All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).

A. Yes, because it is the intent and spirit of the law.

B. No, only those who had paid at least 2 years of installment and defaulted later.
C. No, they have to apply for it first at HLURB to be cover

36.  Excessive donation inter vivos may be revoked or reduced after the death of the donor.

A. Yes, in so far that it reduces the legitimate of the compulsory heirs.

B. No, because it took effect while the donor is still alive.
C. No, because it will impair the right of a person to enter into a contract.
D. No, because it is not practical.

37. Action for rescission on the account of lesion will prescribe within ---

A. 10 years
B. 5 years
C. 7 years
D. answer not given

38. Which one is more burdensome, easement or usufruct?

A. Usufruct because the usufructuary has possession and fruits of the property
B. Easement because the servient estate is under obligation to let others use the
property
C. None, because in both cases there is no transfer of title
D. Easement because easement is enforceable even if there is no contract
39. Are growing crops real property?

A. Yes, for the purpose of civil law

B. No, for the purpose of criminal law
C. No, for the purpose of commercial law
D. All of the above

40. A, donated a parcel of land to the unborn child of H and W, is the donation valid?

A. No, because there is no donee yet

B. No, because there is no one yet to accept the donation
C. Yes, provided the child be born alive or to live for at least 24 hours under
certain conditions
D. No, because the donee has no name yet to whom the land is to be transferred

41. Mr. J constructed a basketball court at the middle of the street, may Mr. J be charged
criminally in court?.

A. No. because the remedy is only destruction or removal

B. No, because the case is inlay civil in nature
C. Yes, provided that the basketball court be declared first as a public nuisance
D. Yes, provided that Mr. J did not pay any permit to the local government

42. Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. B. After
ten years branches of the mango tree encroached the air space of B. Mr. X is the owner of the
encroaching branches because…

A. of the principle “accessory follows the principal

B. the tree is planted in his (X) land
C. in accordance with the law of easement
D. All of the above

43. Which among the properties of the states that could be the subject of prescription in favor
of a private person?

A. agricultural land
B. forest land
C. public road
D. seashore

44. Which among the churches listed below is owned by the Roman Catholic Church?

A. Quiapo Church constructed after 1898

B. San Agustin Church constructed before 1898
C. Manila Cathedral constructed before 1898
D. Vigan Church constructed before 1898

45. Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter
accepted in a private instrument. After 6 months of pregnancy, the fetus was born and
baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the P200,000.00. Is
Jessie entitled to recover the money he donated?

A. No, because the donation is valid as Laura already accepted the same
B. No, because when Casey died, Laura, as Casey’s heir, inherited the money
donated by Jessie.
C. Yes, because the donation never produced any legal effect as Casey, the
supposed donee, never acquired civil personality.
 D. Yes, because the donation is void as the acceptance was not made in a public
instrument, thus producing no legal effect.

46. Which among the group of things listed below could not be considered as a property?

A. res nullius
B. res communes
C. res alicujus
D. None of the above

47. Patrimonial Property of the State refers to

A. those no longer intended for public use and public service

B. those no longer intended for public good and public welfare
C. those actually possessed, occupied or utilized by indigenous cultural
minorities by themselves or through their ancestors
D. none

48. The document issued by the government agency concerned stating that mineral resources
project under consideration will not bring about an unacceptable environmental impact and that
the proponent has satisfied the requirements of the environmental impact system is called

A. Environmental Compliance Certificate (ECC)

B. Environmental Impact Statement (EIS)
C. Joint Venture Agreement (JVA)
D. Mineral Resource EDUC Certification

49. Which of the following is not a requisite for a valid donation propter nuptias?

A. The donation must be made before the celebration of the marriage

B. The donation shall be automatically revoked in case of non-celebration of the
marriage
C. The donation must be made in consideration of the marriage
D. The donation must be made in favor of one or both of the future spouses

50. Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a
birthday gift. Danny readily accepted the gift with profuse gratitude. One month later, they had
a serious quarrel; hence, Charlie demanded the return of the watch from Danny. Danny
refused to return the watch. What is the nature of this donation?

A. Valid, because there was intention to donate and delivery by the donor
Charlie.
B. Valid, because there was acceptance and receipt of the donated personal
property by the donee Danny.
C. Void, because the value of the thing donated exceeded Php 5,000.00 and the
donation and acceptance were not in writing.
D. Void, because the value of the thing donated exceeded Php 5,000.000 and
the donation and acceptance were not in a public instrument.

51. In a residential subdivision in San Pedro, Laguna, Marimar constructed and maintained a
shoe factory which emits pollution and very loud noise 24 hours a day. How do you classify
this nuisance?
A. Nuisance per se, because it is always a nuisance, regardless of its location
and surroundings.
B. Nuisance per accidents, because it is only a nuisance based on its location
and circumstances.
C. Nuisance per se, because it affects the entire subdivision
 D. Nuisance per accidents, because it affects and annoys the entire residential
subdivision.
52. Occupation is:
A. A derivative mode of acquiring ownership
B. An original mode of acquiring ownership
C. Not a mode of acquiring ownership
D. None of the above

53. In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting
reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and
Jennifer broke up. While Brad was mending his broken hearth, he met Angie and fell in love.
Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting
to Angie. Brad died 1995. Saddened by Brad’s death, Jennifer asked for the Picasso painting
as a remembrance of him. Angie refused and claimed that Brad, in his will, bequeathed the
painting to her is Angie correct? Why or why not?

A. Yes, because the painting was owned by Brad

B. Yes, because the painting was given as legacy to her by Brad.
C. No. because the real owner of the painting was Jennifer.
D. Yes, because the painting was given to Brad as a gift by Jennifer.

54. Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the same to Mr. B
who accepted.
A. The donation is valid.
B. The donation is voidable and may be annulled.
C. The donation is void and Mr. X may get the cell phone back.
D. The donation is void but Mr. X cannot get the cell phone back.

55. Which among the following must be in writing to be valid?

A. A sale of a land.

B. Every donation of personal or movable property.
C. A contract of partnership with a contribution of an immovable.
D. An authority by the principal to an agent to sell movables

56. What is the legal concept of possession?

A. The holding of a thing or the enjoyment of a right

B. It is material occupation or by the fact that the right or property is subjected to
the will of the claimant
C. The gathering of the products and the act of planting on the land
D. All of the above
 ALBANO MCQ
PROPERTY

1. A borrowed money from B. As security for the payment of the loan, he executed a chattel
mortgage on the building erected on his land and the machinery stored therein. For failure to
pay the loan, he was sued and a judgment was rendered against him, where the building and
the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff?

a. Yes, because the contract is the law between the parties;

b. Yes, insofar as the machinery is concerned but void on the building (See: Art. 415,
NCC);
c. Yes, with respect to both the building and the machinery because of the principle of
liberty of contracts;
d. No, C is not bound at all because he is not a party to the contract.

2. A leased a parcel of land to B. Without A’s consent, B constructed a warehouse. What is the
nature of the warehouse?

A. It is a personal property because the builder was in bad faith;

B. It is a personal property because the builder is not the owner;
C. It is immovable because the only criterion is union or incorporation with the
soil. (Ladera v. Hodges (CA) 48 O.G. 4374)
D. Personal because it is a structure which can be removed by the builder.

3.  A leased a parcel of land from B. With B’s consent, A put up a manufacturing business on
the property and attached a machinery. What is the nature of the machinery?

A. The machinery is always a movable property.

B. The machinery is now immovable by destination.
C. The machinery can be considered immovable if there is a provision in the
contract of lease that the same will become B’s property when the contract will expire.
D. The parties cannot change the nature of the property even by agreement.

4. The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot belonging to Mr. P
for non-payment of tax. A was the highest bidder. P was not able to redeem his property,
hence, a title was issued in favor of A. He filed a motion for the issuance of a writ of
possession over the house and lot. What is the right of Mr. P?

A. A has to pay the value of the house because P is a builder in good faith.
B. A has to pay the value of the house of P considering that when he moved for
a writ of possession over the lot and the house, he appropriated P’s house.
C. A does not have to pay the value of the house because when he became the
owner of the land, he became the owner of the accessory which is the house.
D. A does not have to pay the value of the house because the sale of the lot
implies the sale of the house.

5. Which of the following instances treats a building/structure as an immovable property?

A. A building which is constructed on the land and the same is mortgaged apart
from the land on which it has been built.
B. A barong-barong built by X on his lot.
C. A building used as security in the payment of an obligation where a chattel
mortgage is executed over it.
D. A building bought for purposes of demolishing the same.
6. Whenever the current of a torrent segregates a known portion of the land and transfers it to
another, the owner of the land to which the segregated portion belonged retains the ownership
of it. What do you call the process?

A. Accretion
B. Regalia Doctrine
C. Alluvium
D. Avulsion

7. River beds which are abandoned through the natural change in the course of the water
belong to whom?
A. Owners whose land are occupied by the new course in proportion to the area
lost.
B. Owners whose land are occupied by the bed course in proportion to the
length of the area lost.
C. Owners of the land adjoining the old bed in proportion to the area lost.
D. Owners of the land adjoining the new bed in proportion to the area lost.

8. A is a squatter on the land of B and constructed a house. When sued for forcible entry, he
asked for reimbursement from B for the improvements. Is A correct?

A. Yes, he is entitled to the extent of the value of the improvement;

B. Yes, to the extent of 50% of the value of the improvement;
C. Yes, but only for the expenses in the preservation of the land; (Art. 452,
NCC)
D. Yes, for the value of the necessary improvement.

9. A, B & C are the co-owners of a parcel of land. A constructed his house at the middle of the
property, such that, when they partitioned it, his house was found to be intruding into the share
of B. What is the right of B?

A. A can be evicted by B.

B. B can appropriate the portion of A’s house intruding into his share as A is a
builder in bad faith.
C. A may compel B to buy his house.
D. Since A is a builder in good faith, B may exercise the option to sell the land or
appropriate the improvement.

10. A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision property
being developed by XYZ Corporation. He did not know the exact location of the lot, hence, he
consulted the developer who pointed to a lot, hence, he constructed his house. It turned out
that it was another lot covered by TCT No. 124. Is A a builder in good faith?

A. A is a builder in bad faith because he has a title over his property.
B. A is a builder in good faith because, not being an expert he relied on the
representation of the developer.
C. A is a builder in bad faith because he should have known the boundaries of
his property and the location of the same.
D. A is a builder in bad faith because of his negligence in not asking a geodethic
engineer to determine the exact location of his property.

11. What are the rights of a builder in bad faith?

A. The builder in bad faith may demand for the reimbursement of improvements
of the land.
B. The builder in bad faith may demand for the payment or reimbursement for
necessary expenses for the preservation of the land and value of the building.
 C. The builder in bad faith as a rule has no right but he is entitled to
reimbursement for necessary expenses for the preservation of the land, not the value of the
building.
D. The builder in bad faith is entitled to reimbursement of all expenses available
for reimbursement.

12. A owns a house and lot which is made of concrete materials. A then sold it to B for
purposes of demolition. How do you classify the house?

A. Personal property because it is subject of a contract of sale.

B. Immovable property because by reason of immobilization by destination.
C. Immovable because under Article 415 of the Civil Code, everything attached
to an immovable property in a fixed manner in such way that it cannot be separated therefrom
without breaking the material falls under immovable property.
D. It is movable or personal property because a building sold to be demolished
may be considered personal property because the true object of the sale would be the
materials.

13. X leased real property situated in Malate, Manila which is owned by A. During the period of
lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate
the premises but not appropriate the improvement. Is X entitled to reimbursement of the
improvements?
A. No, because he is a builder in bad faith.
B. Yes, because he is considered in good faith.
C. No, because he can remove the improvements.
D. Yes, to the extent only of one-half of the value of the improvements if the
lessor appropriates it.

14. X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y’s taxicab. Who
owns the celphone?

A. Y is the owner under the principle of finder’s keepers.

B. Y is the owner as he is in actual possession.
C. X is the owner as he was deprived of possession.
D. Y is the owner if the same is surrendered to the proper authority and the
owner did not claim the same within a period of six (6) months after publication.

15. By hidden treasure is understood, for legal purposes, any hidden and unknown deposit
except:
A. Money
B. Precious objects
C. Jewelry
D. Mineral deposits

16. To whom does hidden treasure which is discovered belong?

A. Hidden treasure belongs to the owner of the land, building, or other property
on which it is found.
B. Hidden treasure belongs to the State because of the Regalian Doctrine in
which the full ownership of all natural resources on natural matter than may be found in the
bowels of the earth shall belong to the State.
C. Hidden treasure belongs to the person who finds it.
D. Hidden treasure belongs to the State, owner of the land in which it is found
and to its finders.

17. A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the
instrument to determine if hidden treasure is found in A’s land which proved positive. With A’s
consent, B extracted the hidden treasure. Is B entitled to 1/2?
 A. No, because he is not a finder by chance due to his intention;
B. No, because he should have found it by sheer luck;
C. Yes, because he is a finder by chance even if he had the intention to look for
it as it is enough that he had the intention to look for it;
D. No, he is entitled merely to compensation for his efforts.

18. Suppose in the problem above, B had a map and A is out of the country. Is he entitled to
½?

A. No, because he is a trespasser;

B. No, because since he has a map, he is not a finder by chance;
C. Yes, since there was no prohibition for him to enter the premises, he is still a
finder by chance as he is not a trespasser;
D. No, because by chance means good luck.

19. A & B entered into a contract of sale over A’s car for P500,000.00. A has to register the car
first before payment and delivery. After the registration of the car, A called up B that the car
was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay
before delivery. B was able to convince the driver to leave the car at his garage and will just
deposit the amount with A’s account for fear that the driver might be the subject of a hold-up.
Instead of depositing the amount, he sold the car to C. Can A recover the car from C?
A. A cannot recover the car anymore because B has become the owner by
virtue of delivery.
B. A can recover the car from C because he was unlawfully deprived.
C. A cannot recover from C because he is a buyer in good faith and for value.
D. A’s only remedy is to file an action for sum of money against B.

20. A ordered books from Rex Publishing worth P1M. The books were delivered to him at his
office and as it was a Sunday, he issued a check which was dishonored when it was presented
for payment. He sold the books to B. Can Rex Publishing recover the books?

A. Rex Publishing can recover the books because it was unlawfully deprived
when the check was dishonored.
B. Rex Publishing can file an action for rescission of the contract.
C. Rex Publishing can file an action for sum of money against A, or file
criminal cases for violation of BP22 and Art. 315, RPC.
D. Rex Publishing can file an action for declaration of nullity of the contract of
sale.

21. A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The
three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister
disagreed. Is D’s act valid and what is the remedy of the brothers?

A. No, because she is a minority co-owner, the decision of the majority

prevails;
B. No, because while it is an alteration the consent of the controlling interest is
merely required;
C. Yes, because it is an alteration which requires the consent of all the co-
owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may
be allowed;
D. No, because it is prejudicial to their common interest.

22. A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of
90 square meters. A sued B and C for partition. How do you thing the court will decide?

A. It will grant the action since land is basically divisible;

 B. It will dismiss because the land is so small;
C. It will dismiss because the land is so small that to divide it will render it
useless for the purpose it is intended;
D. It will grant the action otherwise, A, B and C will be deprived of their right to
make use of the property.

23. In the question above, where D refuses to agree, what would be your advice to A, B and
C?

A. I would advice them to file a suit to compel her to give consent;
B. I would advice them to sue her for damages;
C. I would advice them to file an action for partition;
D. I would advice them to develop the land and leave a portion equivalent to
the share of D.

24.  In the question above, A, B and C agreed to use the amount of P100M left by their parents
for the development of the land. D disagreed. Is D’s act correct?

A. No, because it is prejudicial to the interest of the co-ownership;

B. Yes, because the expenditure is not a mere act of administration, but an act
of dominion;
C. Yes, because the expenditure is not a mere act of administration but an act
of dominion which needs the consent of all;
D. No, because being trustees of one another, they are presumed to act
favorably for every co-owner.

25. A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the
property. Is the partition valid?

A. The contract of partition is void because it was not put into writing.
B. The contract is unenforceable because it was not put into writing.
C. The contract is valid because a contract can be in any form.
D. The contract is valid and enforceable because in matters of realty, the
Statute of Frauds governs only conveyances and leases and partition is not a lease; it is not a
conveyance but merely segregation of a property.

26. A, B & C are the co-owners of a parcel of land. They leased it to D. For failure to pay the
rents, A alone sued D. Will the action prosper?

A. The action will not prosper because B & C are indispensable parties.
B. The action will not prosper because of failure to implead B & C who are real
parties in interest.
C. The action will prosper because anyone of the co-owners may sue for
ejectment.
D. The action will not prosper because the suit by A is not in representation of
the co-ownership.

27. What is the status of the sale of the whole property by one co-owner?

A. Valid sale as to the whole property.

B. Valid sale only as to the share of the seller co-owner.
C. Sale is void on whole property as there is no consent from the other co-
owner.
D. Unenforceable

28. Which of the following is false with regard to the prescription on action to quiet title?
 A. If the plaintiff is in possession, the action to quiet title does not prescribe.
B. If the plaintiff is not in possession, it may prescribe.
C. Whether the plaintiff is in possession or not, the action to quiet title will
prescribe.
D. none

29. What should a co-owner do in order that he can recover expenses in the alteration of co-
ownership?

A. Not secure the consent of the other co-owners anyway it is for the benefit of
the co-ownership.
B. Secure a unanimous consent of the co-owners.
C. Not secure consent of the co-owners since they did not contribute for the
alteration of the property.
D. Secure the consent of majority of the co-owners.

30. The following are some of the characteristics of a co-ownership except one:

A. A co-owner is in a sense a trustee for the other co-owners.

B. Co-ownership has judicial personality.
C. There must be more than one subject or owner.
D. Regarding the physical whole, each co-owner must respect each other in
the common use, enjoyment or preservation of the physical whole.

31. Within what period should the owner of a property subject of avulsion recover the lost
property?
A. 2 years
B. 3 months
C. 6 months
D. 1 year

32. A, B and C inherited a real property from their father. Subsequently, knowing that he is the
co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the
same.

A. B and C can redeem the said property after paying the foreclosed amount.
B. A should pay B and C corresponding to the value of their respective share.
C. B and C may redeem the property only to the extent of their respective
shares.
D. none

33. A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the whole property
without the consent of B and C. Is the sale valid?

A. Yes, it is valid, because the right of alienation is one of his rights over the
ideal shares in the co-ownership.
B. No, it is invalid, because the consent of his co-owners is material for the
sale to be valid.
C. Yes, it is valid because the co-owners did not object when he sold his part.
D. No, it is invalid because a co-owner cannot sell his part to third person
without offering it first to his co-owners.

34. In case of a conflict between two persons regarding the possession of a certain property,
which of the following rules is incorrect?

a. Present possessor is preferred.

b. If both are in possession, the one longer in possession shall be preferred.
 c. If possession started at the same time, the one with the title is preferred.
d. The court shall determine who among the conflicting parties has the right of
possession. (Art. 438, NCC)

35. Which of the following is a characteristic of a co-ownership?

A. The co-ownership possess juridical personality.

B. Regarding the ideal share, each co-owner does not hold any control over
the same.
C. A co-owner is in a sense a trustee for the other co-owner.
D. Regarding the physical whole, a co-owner uses and enjoys the same to
the exclusion of the others.

36. Which of the following is not a ground for extinguishment of a usufruct?

A. Prescription
B. Bad use of the thing in usufruct.
C. Total loss of the thing in usufruct
D. Non-user for 6 months.

37. In taking care of the thing in usufruct, what degree of diligence is required?

A. Good father of a family

B. Utmost diligence
C. Ordinary diligence
D. Extraordinary diligence

38. In 2001, A granted a usufruct over his building to B until February 23, 2011 when C, the
son of B would have reached the age of 25. C died at the age of 23 in 2009. What happened to
the usufruct?
A. The usufruct was extinguished;
B. The death terminated the usufruct;
C. The usufruct subsists because a usufruct granted for the time that may
elapse before a third person reaches a certain age shall subsist for a number of years
specified even if the third person should die unless there is a stipulation to the contrary (Art.
606, NCC)
D. The usufruct continues because B, the trustee is still alive.
EASEMENT

39. A built his house on his lot up to the boundary line and opened windows with direct view
over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot,
hence, A filed a complaint enjoining B from building his house up to the boundary contending
that he has acquired the easement of light and view by prescription and that B cannot build
less than 3 meters from the boundary. Is A correct?

A. Yes, because of prescription and laches;

B. No, because there was no formal prohibition by means of an instrument
acknowledged before a notary public prohibiting B from obstructing his easement of light and
view;
C. No, because A did not observe the 2-meter distance between the windows
since the view is direct and the lot of B (Non-observance of the distances does not give rise to
prescription.)
D. Both B and C.

40. A tolerated B to use his land, hence, B constructed a road where his trucks would pass
through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B
refused contending that he has already acquired ownership over the easement of right of way
by prescription. Is B correct?

A. B is correct because possession of a parcel of land for ten (10) years in
good faith will ripen to ownership.
B. B is correct because of laches.
C. B is wrong because an easement of right of way cannot be acquired by
prescription as while it is apparent it is not however not continuous.
D. B is correct because with the continuous use of the easement, prescription
lied.

41.  A is the owner of a parcel of land, which is a part of a subdivision property being
developed by XYZ Corporation. His lot is adjacent to the road belonging to ABC Corporation
hence, he used to pass through the road going to the national highway. In 2009, ABC
Corporation constructed a fence on its property, thus closing the road. Can A demand the
reopening of the road?
A. A can demand for the reopening of the road because he acquired the right
to use it by prescription.
B. A can demand for the reopening of the road because it is the nearest to the
highway.
C. A cannot demand for the reopening of the road because there is an
adequate road of the subdivision belonging to XYZ Corporation.
D. A can demand for the reopening of the road because the roads of the
subdivision of XYZ Corp. where his lot is located are not yet fully developed, hence, it is very
inconvenient for him to pass thru the same.

42. What is the test in determining whether a person may demand an easement of right of
way?
A. Least prejudicial to the servient estate and the shortest distance to the
highway.
B. Most prejudicial to the servient estate but shortest distance to the highway.
C. Creation of another way which is shortest to the highway and closing the
previous right of way.
D. Total inadequacy.
43. A donated a property to B, but the property is surrounded by A’s property. What is the right
of B?
A. Ask A for right of way without indemnity.
B. Ask A for right of way with indemnity.
C. Ask A to donate another property for B’s right of way.
D. Sue A for a right of way without indemnity.

44.  In the establishment of an easement of right of way which is likened to the exercise of the
power of eminent domain, the owner can validly contend that the compensation due the owner
should be computed based on the

A. Value when the road was constructed

B. Date of filing the action in court
C. Date of the judgment
D. Value of the land and the amount of damage caused to the servient estate.

45. A & B had an agreement for A to use B’s property as a right of way. Five (5) years later, an
adequate outlet was opened to a highway near A’s property, hence, B filed an action to cancel
the encumbrance of voluntary easement of right of way. The RTC granted. The CA may rule
that:

A. the RTC is correct because A has no more use of the easement.

 B. the RTC is correct because a voluntary easement can only be extinguished
by agreement of the parties.
C. the RTC is correct especially so that the dominant estate has been sold.
D. the RTC is correct because the servient estate has been sold. (Unisource
Commercial & Dev. Corp. v. Chung, et al., G.R. No. 173252, July 17, 2009)

DONATION

46. When is donation deemed perfected?

A. Upon the signing of the deed of donation;

B. When the donor comes to know of the acceptance of the donation by the
donee;
C. Upon delivery of the object of donation;
D. Upon registration of the deed of donation.

47. The deed of donation by A in favor of B states: “Donation Inter Vivos” but there is a
provision that although the land donated shall be delivered to the donee immediately upon
perfection of the same with right to enjoy the fruits of the land, it will pass to the donee after the
death of the donor. After the donor’s death, the heirs sought to recover the property. Will the
action prosper?

A. No, because since the donation is a inter vivos, it took effect driving the
lifetime of the donor;
B. No, because the donee has acquired ownership over the property;
C. Yes, because the donation is a donation mortis causa hence, it has to
comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC)
D. No, because a donation inter vivos is irrevocable.
48. A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A
became insane and still insane when he received the notice of acceptance of the donation. He
died without recovering his sanity. Is the donation valid?

A. Yes, because at the time of the donation, he was capacitated;

B. Yes, because the acceptance can even be conveyed to his legal
representatives;
C. Yes, because there is only one moment which must be considered inorder
to determine the donor’s capacity to make donation, that is the time of the making of the
donation (Art. 737, NCC) when he offered to donate;
D. No, Article 737 declares that the donor’s capacity shall be determined as
of the time of the making of the donation and in relation to Article 734, NCC, the law declares
that a donation is perfected from the moment the donor knows of the acceptance of the
donation.

49. State the nature of this donation: “I hereby donate to X “mortis causa” a 1000 square meter
lot worth P10M subject to the condition that this donation shall be deemed revoked if he fails to
build a house on the land worth P1M within one (1) year from date hereof and delivery shall be
made after my death.”

A. It is a donation mortis causa as intended;

B. It is a donation mortis causa since delivery will be made after death, it will
be effective only from that time;
C. Donation inter vivos that is conditional, the designation not controlling and
that the conditions indicate that it is inter vivos;
D. Mortis causa as it will take effect after death as delivery will confer
ownership upon the done.
50. “I hereby donate to A” a parcel of land subject to the condition that he will support me for
the rest of my life, shoulder my hospitalization and burial expenses.” What is the nature of the
donation?
A. Remuneratory donation inter vivos;
B. Conditional donation inter vivos; (obligation imposed is merely a charge or
burden whose value is less than the value of the thing given.)
C. Onerous donation inter vivos; (the obligation to defray the support, etc.
indicates that such obligation is the consideration for the donation and vice versa. The
properties donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata, 46
Phil. 668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC)
D. Conditional donation which can be revoked.

51. A donated a house and lot to B orally. Since then, B has been in possession for a period of
30 years declaring the same for taxation purposes. Is the donation valid?

A. No, the donation is void because it was not put into writing.
B. Yes, the oral donation can be the basis of a valid title because of laches.
C. No, the donation is void because it was not put into a public instrument.
D. Yes, the donation is valid because a contract can be valid in any form.

52. A executed a deed of donation to the DECS subject to the condition that it be devoted for
educational purposes. The DECS did not accept it in the same instrument or in an authentic
writing but took possession of the property and constructed a school building. Twenty (20)
years thereafter, it executed a deed of exchange with B for a bigger property. Can A revoke
the donation?

A. A can ask for the recoveyance of the property because the donation is
void as it was not accepted by DECS in the same instrument.
B. A cannot ask for reconveyance because there was acceptance thru DECS
possession and compliance with the condition.
C. A can recover because DECS did not comply with the condition.
D. A cannot recover because of prescription.

53. May a person sell that which he does not own?

A. No, otherwise the sale is void;

B. No, otherwise, the seller cannot confer ownership upon the vended;
C. Yes, provided that he is the owner at the time of the delivery;
D. No, otherwise, the buyer would be prejudiced.

54. May a person donate that which he does not own?

A. Yes, provided that it is accepted by the donee;

B. Yes, provided that he can deliver it;
C. No, because he cannot confer ownership of something he does not own;
D. Yes, provided that the parties agree.

55. May an oral donation propter nuptias be the basis of a title?

A. No, because it must be in a public instrument;

B. No, because it must be in writing;
C. Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47
Phil. 459);
D. No, because it is not effective as a transfer of title. (Heirs of Maningding v.
CA, 31 July 1987; Gesmundo v. CA, 23 December 1999).
56.  A executed a deed of donation in favor of B who accepted it. It however states that the
donation will take effect upon A’s death and B cannot alienate, but it further states that B can
register the deed and obtain a title. What is the nature of the donation?

A. Mortis causa;
B. Conditional donation inter vivos;
C. Inter vivos;
D. Conditional donation mortis causa.

57. A executed a conditional donation to B who accepted it. When B failed to comply, A sold it
to C. Is the sale valid?

A. Yes, because of automatic revocation for failure to comply with the

condition;
B. Yes, because A was exercising a right;
C. No, because of the absence of automatic revocation clause;
D. Yes, because he was still the owner at the time of the sale.

58. What is the status of a conditional donation if the condition imposed is unlawful?

A. Donation is void because it contains an illegal condition.

B. Donation is valid but the condition is considered as not imposed.
C. Donation is unenforceable.
D. Donation is voidable.

59. What kind of donation requires compliance with the elements of a valid will?

A. Donations mortis causa

B. Conditional donation
C. Donations inter vivos
D. Donations in consideration of marriage
60. What is the effect if there is an illegal and impossible condition in a simple donation?

A. The illegality or impossibility of the condition will annul not only the
condition but also the obligation even if the impossible condition is a condition not to do.
B. The illegality or impossibility of the condition will annul not only the
condition but also the obligation unless the impossible condition is a condition not to do.
C. The donation is valid because the illegal or impossible condition is simply
considered as not impose
D. Hence, the condition is void but the donation is valid.

61.  Is a swimming pool an attractive nuisance?

A. Yes, because it is attractive to persons of tender age at play.

B. Yes, if there are instruments and implements that make it different from an
ordinary body of water.
C. No, because it is just a mere duplication of a body of water.
D. No, if the owner employed means to protect the lives and limbs of persons
who enter into it.

62. A, B, C, D are the co-owners of a parcel of land. A sold his undivided share to X with the
knowledge of his co-owners. One (1) year after the sale, they wanted to exercise the right of
legal redemption, but A and X refused. Whose contention is correct?

A. They are not entitled to exercise the right of legal redemption because the
30-day period has already lapsed as they knew of the sale;
 B. They can exercise the right of legal redemption within 20-days from
receipt of written notice of the sale;
C. They cannot exercise the right of legal redemption because knowledge of
the sale is not equivalent to registration hence, the 30-day period has already lapsed;
D. They cannot exercise the right of legal redemption due to estoppel.

63. A is the owner of a parcel of land adjoining B’s lot. B, knowing that the lot did not belong to
him constructed his house on the lot belonging to A. Which of the following is the not correct?

A. A can appropriate the house without paying any compensation.

B. A can eject B.
C. B is entitled to at least 50% of the value of the house in the interest of
justice and inorder that no one shall enrich himself at the expense of another.
D. A can compel B to buy the land even if the value is considerably more
than the value of the improvement.

64. A and B are married. They have been in possession of an agricultural land of the public
domain as early as 1935. After their death C and D, their heirs inherited the same. Can they
register the land?

A. No, because the land forms part of the public domain;

B. Yes, because their predecessors have been in possession continuously,
openly, publicly and adversely of an alienable land of the public domain as early as June 12,
1945 thus, converting ipso jure the same to private land;
C. No, because of the Regalian Doctrine;
D. No, because prescription does not lie against the State.

65. A owns a parcel of land. Through the natural current of the river, there was a gradual
increase in the area from 11,000 square meters to 13,000 square meters in a period of 8
years. Can A register the land?
A. No, because it is a public land;
B. No, because he has not acquired it by prescription as the State is not
bound by the rules on prescription;
C. Yes, being the riparian owner, he is the owner of the accretion;
D. No, because he has not possessed it for a period of 10 years.

66 A is the owner of a parcel of land adjoining a river. There is an accretion formed through the
natural current of the river. In 1980, his neighbor took possession of the accretion. In 2011, B
filed an application for registration. Will the petition prosper?

A. No, because A is the owner being the owner the land to which the
accretion is attached;
B. No, because the accretion is a public land;
C. Yes, having acquired it by prescription after 30 years of possession
even in bad faith and without title;
D. No, because the title of A is imprescriptible, the accretion being
covered by the phrase “more of less.”

67. A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000 square
meters more of less adjoining the river bank. Accretion was formed which has been in the
possession of B in 1990, but it was disposed of by the Director of Lands to B in s2010. Is the
Director correct?

A. Yes, because the accretion forms part of the alienable land of the public
domain;
B. Yes, because of the Regalian Doctrine;
 C. No, because it belongs to A, being the riparian owner, hence, a private
land;
D. Yes, because of prescription.
68. A filed an application for confirmation of imperfect or incomplete title over a parcel of land.
It was dismissed. Can A re-file the same?
A. No, because of res judicata;
B. Yes, because the dismissal does not constitute res judicata unless
dismissed with prejudice;
C. No, because the dismissal means that A has not been able to establish
his right, hence, the second application is a fishing expedition;
D. No, because of lack of cause of action.

69. A filed an application for confirmation of imperfect or incomplete title. B filed an opposition
alleging that the land is part of the inalienable lands of the State. Is B correct?

A. Yes, because anyone can invoke the interest of the State;

B. No, because only the State can invoke its interest;
C. Yes, by reason of public policy;
D. Yes, because any Filipino is a real party in interest.

70. X is a naturalized Filipino. In 1990, he migrated to the USA and embraced American
citizenship. In 2010, he returned to the Philippines and asks you whether he can own a
residential lot in Manila. What is your advice?

A. Yes, he being a former natural-born citizen, he can own up to 5,000

square meters;
B. No, because only former natural-born citizens can own land in the
Philippines up to 5,000 square meters in Manila;
C. Yes, because he has the same rights as a former natural born citizen;
D. Yes, otherwise, there would be a violation of the equal protection
clause.