1. Define Property.

Answer:
Property refers to things which are capable of satisfying human wants and
needs and are susceptible of appropriation.

2. Distinguish Thing and Property.

Answer:
In property, the latter is always capable of satisfying human wants and
needs and can be susceptible of appropriation, on the other hand, not all
things can be subjected to human control by reason of sheer physical
impossibility are NOT considered as property. Moreover, before a thing is
considered property, the same must be established that it can serve as a
means to satisfy human needs and that the thing must have an
autonomous and separate existence.

3. Classify Property according to nature and ownership.

Answer:
The Civil Code of the Philippines provides that property is either of public
dominion or of private ownership. (Art. 419)

4. Give five (5) kinds of Immovable Properties.

Answer:
4.1 Land, buildings, roads and constructions of all kinds adhered to the
soil;
4.2 Trees, plants, and growing fruits, while they are attached to the land or
form an integral part of an immovable;
4.3 Everything attached to an immovable in a fixed manner, in such a way
that it cannot be separated therefrom without breaking the material or
deterioration of the object;
4.4 Statues, reliefs, paintings or other objects for use or ornamentation,
placed in buildings or on lands by the owner of the immovable in such
a manner that it reveals the intention to attach them permanently to the
tenements;
4.5 Machinery, receptacles, instruments or implements intended by the
owner of the tenement for an industry or works which may be carried
on in a building or on a piece of land, and which tend directly to meet
the needs of the said industry or works.
5. Jose constructed a building on a piece of land belonging to Peter, to
whom Jose pays monthly rental of P5, 000. 00. Is the building real or
personal property?
Answer:
The building is real property. Under paragraph 1 of Article 415 of the Civil
Code of the Philippines, all land, buildings, roads and constructions of all
kinds adhered to the soil are considered real property. Therefore, the
building is considered as real property.

6. Rose was the owner of a beautiful painting, with a frame, which she
bought in Florence, Italy. As her house is not yet habitable, she gave
her painting to her friend neighbor, Gina, who in turn hang or
attached the painting on her house wall meantime that the house of
Rose is under construction. What kind of property is the painting
while in the house of Gina?
Answer:

Personal property of Rose because the latter simply entrusted the painting
to Gina her friend, while her house is not yet habitable. Therefore,
ownership of the painting remained exclusively to Rose, the hanging of the
same in the house of Rose is merely incidental to the trust reposed by
Gina to her.

7. Jun leased a building to Alex for a term of 10 years. Jun established

a shoe factory in the building and as a result he installed certain
machineries therein. As such, are machineries movable or
immovable?
Answer:
The machineries are movable. For these objects to become immovable,
these must be placed by the owner of the tenement or the property where
these objects would be attached and where the industry or works would
be carried. These objects must also be essential to said industry or works.
Here, Jun is not the owner of the building as he simply leased the same to
Alex for a period of 10 years. Hence, Jun not being the owner of the
tenement, all machineries installed therein by reason of the agreement is
considered movable property.
8. What is meant by property of private ownership?
Answer:
Private ownership or property owned by the State in its private capacity,
and is known as patrimonial property. It may also be owned by private
persons, either individually or collectively.

9. How are land of public domain classified?

Answer:
Lands of the public domain are classified into:
Lands of the public domain are classified into agricultural, forest or timber,
mineral lands and national parks. Agricultural lands of the public domain
may be further classified by law according to the uses to which they may
be devoted. Alienable lands of the public domain shall be limited to
agricultural lands.

10. Define Ownership.

Answer:
Independent and general right of a person to control a thing
particularly in his possession, enjoyment, disposition and recovery,
subject to no restrictions except those imposed by the state or private
persons, without prejudice to the provisions of the law

11. Define Accession.

Answer:
The ownership of property gives the right by accession to everything
which is produced thereby, or which is incorporate or attached thereto
whether naturally or artificially.

12. To whom does the offspring of animals belong when the male and
female belong to different owners?
Answer:
Both of them owns the offspring. The Civil Code of the Philippines
provides that there is co-ownership whenever the ownership of an
undivided thing or right belongs to different persons. Therefore, by
operation of law, the offspring is governed by co-ownership which means
that ownership belongs to the different owners.
13. In a contract of lease over a parcel of land, a promise to sell was
stipulated. If the lessee improved the land, can the lessee claim to be
builder in good faith on the basis of the promise to sell?
Answer:
No, the lessee is not a builder in good faith. The Civil Code of the
Philippines provides that to be deemed a builder in good faith, it is
essential that a person asserts title to the land on which he builds, i.e., that
he be a possessor in the concept of owner, and that he be unaware that
there exists in his title or mode of acquisition any flaw which invalidates it.
Here, the lessee is asserting its right on the basis of the promise to lease
and not on any other concepts provided by law.

14. What is meant by good faith and bad faith in accession?

Answer:
This are concepts provided by the Civil Code of the Philippines which
governs the rights and obligations of builders in good and a builders bad
faith when the ownership of a thing/property is at issue.

15. Theo is a riparian owner of a parcel of registered land. His land

however has gradually diminished in area due to the current of the
river while the registered land of Andres on the opposite bank
gradually increased in area by 100 sq. m.

Who has the right over the 100 sq. m. area which was added to
Andres registered land?
Answer:
Theo. The reason of the law is to compensate him for the loss he may
suffer
b) May a third person argue the 100 sq. m. by prescription?
No, prescription is not applicable when the property is being claimed by a
third person. Prescription is applicable only between the riparian owner
and the benefited owner.

16. Define co-ownership and states its requirements.

Answer:
There is co-ownership whenever the ownership of an undivided thing or
right belongs to different persons.
 Requirements:

1. Plurality of subjects
2. Unity of object
3. Recognition of ideal share

17. How may co-ownership be terminated?

Answer:
Partition of the co-ownership

18. Define Possession and state its requirements.

Answer:
Possession is the holding of a thing or the enjoyment of a right.
Requirements:
a. Corpus or holding or material detention or enjoyment of a thing or right;
and
b. Animus possidendi or intent to possess.

19. How is Possession lost?

Answer:
Possession is lost when:
1. Abandonment of a thing;
2. Assignment to another by onerous or gratuitous title;
3. Destruction or total loss of the thing, or if goes out of commerce;
4. Possession by another, if the possession has lasted than one (1) year.
20. What are the remedies which are available to a Possession in order
to protest his possession?
Answer:
Action interdictal/ Forcible entry
Action Publiciana
21. Define usufruct and give its requirements.
Answer:
Usufruct is a right to enjoy the property of another with the obligation of
preserving its form and substance, unless title constituting it or the law
otherwise provides.

22. How may usufruct be constituted?

 Answer:
Usufruct is constituted by law, by will of private person expressed in acts
inter vivos or in last will and testament, and by prescription.

23. Define Nuisance

Answer:
A nuisance is any act, omission, establishment, business, condition or
property, or anything else which:
1. Injures or endangers the health and safety of others; or
2. Annoys or offends the senses; or
3. Shock, defies or disregards decency or morality; or
4. Obstructs or interferes with the free passage of any public highway or
street, or any body of water; or
5. Hinders or impairs the use of property.

24. What is the doctrine of attractive nuisance?

Answer:
An attractive nuisance is a dangerous instrumentalities or appliance which
is likely to attract children at play.

25. What are the modes of acquiring ownership?

Answer:
a. Sale;
b. Occupation;
c. Donation;
d. Discovery
e. Intellectual creation; and
f. Prescription

26. What is the difference between Donation Intervivos and Donation

Mortis Causa?
Answer:
1. Donation mortis causa takes effect upon the death of the donor while
in inter vivos, during the lifetime of the donor;
2. In donation mortis causa, it is void if the transferor survives the
transferres, while the other is not;
3. Donation mortis causa, is revocable, while the other are not revocable.
27. What is the form required for Donation Mortis Causa?
Answer:
It should comply with the formalities of the will.

28. A, B, C are the children of D & E. B predeceased his parent but he

has three children. Later D & E died. In the disposition of the
property of D & E what is the character of the three children of B in
the successional rights to the property of D & E?
Answer:
Right of representation.

29. Define succession?

Answer:
Succession is a mode of acquisition by virtue of which the property, rights
and obligations to the extent of the value of the inheritance, of a person
are transmitted through his death to another or others either by his will or
by operation of law.
30. What is meant by inheritance? Distinguish it from succession.
Answer:
Succession is the process by which the all the earthly property of a now
dead person are dealt with. Inheritance is the transfer of rights of property
from the dead person to a successor.
31. A died without a will and was survived by 3 legitimate children, B, C
and D. Immediately upon the death of A, his eldest son sold his
entire right to the inheritance to a third person for P30,000,000.00. Is
the sale valid?
Answer:
No, the sale is not valid because there was no collation of the properties of
the estate of their parents in order to determine his total share to the
inheritance.

32. Suppose in the problem stated above. A sold a particular portion of

the property left by his parents to a third person, is the sale of
particular portion valid?
Answer:
 Yes, the sale is valid. The ownership of the property transmitted to him
after the death of his parents, thereby giving him the right to dispose the
same in the manner provided by law.

33. Give 5 grounds for disinheritance.

Answer:
1) When a child or descendant has been found guilty of an attempt against
the life of the testator, his or her spouse, descendants, or ascendants;

(2) When a child or descendant has accused the testator of a crime for
which the law prescribes imprisonment for six years or more, if the
accusation has been found groundless;

(3) When a child or descendant has been convicted of adultery or

concubinage with the spouse of the testator;

(4) When a child or descendant by fraud, violence, intimidation, or undue

influence causes the testator to make a will or to change one already
made;

(5) A refusal without justifiable cause to support the parent or ascendant

who disinherits such child or descendant;