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Instructions: Kindly Answer Depending On What The Question Entails. Thus, If The Question Asks You
Instructions: Kindly Answer Depending On What The Question Entails. Thus, If The Question Asks You
Instructions: Kindly Answer Depending On What The Question Entails. Thus, If The Question Asks You
EXAMINATION
PROPERTY
By: Judge Nelson G. Leyco
Instructions: Kindly answer depending on what the question entails. Thus, if the question asks you
to fill-‐‑in the blanks or identify the answer, write down the correct answer. If the question gives you
options to choose from (e.g., true or false; yes or no; public or private; etc.), write down the correct
choice.
1. __________ may be defined as anything which is or may be the object of appropriation.
2. True or False. The provision of blood for transfusion is a not only a medical service but also a sale of
commodity.
3. If things owned in common by the general public are termed as res communes, what is the term for
things without any owner? __________
4. Movable property which can be used in a manner appropriate to their nature without their being
consumed is called __________
5. A stranger discovered by chance on the property of another, a gold ring with a rare diamond
belonging to a certain Manuel Sy as shown in the engraving thereon. In this case, the stranger will not
be entitled to any share of this discovered treasure. True or False.
6. When the sea advances and private properties are permanently invaded by the waves, it can be said
this is a case of __________ eminent domain.
7. Accion reivindicatoria is an action to recover property based on who has a better right of possession or
possession de jure. True or False.
8. An attribute of ownership which refers to the right to use the property is called Jus __________
9. True or False. The mere fact that the building and the land on which it stands do not belong to the
same owner does not make the building movable.
10. A __________ is the power belonging to a person over a specific thing or right, without a passive
subject individually determined.
11. Rider Taxi Co. placed in a building that it owned, equipment for repairs and service of its fleet of taxi
cabs. In this case, the equipment are considered: Movable properties or Immovable properties?
12. This is a requisite or element of property which refers to the capacity to satisfy human wants.
__________
13. Shares of stock in real estate companies are considered personal properties. True or False.
14. The right of the owner of a thing to everything which is produced thereby or incorporated or attached
thereto is called __________
15. The products of animals in a farm which are produced with the aid of human labor are considered to
be natural fruits and not industrial fruits. True of False.
16. A land owner in bad faith makes use of the materials of another in building on his (i.e., land owner’s)
property. In this case, the land owner can never become the owner of the materials. True of False.
17. __________ refers to a promise under oath made by a usufructuary to take care of, and restore, the
furniture given in usufruct and coupled with a request for its delivery to him despite the absence of
any security given by said person.
18. A building of X was found to be encroaching upon the land of Y. The situation came about upon X’s
belief that he owned the land where he constructed his building since that was what the prevailing
circumstances have shown. In this case, Y has the right to compel X to remove the encroaching
building. True of False.
19. Crops were sown on the land of A by B. Both parties are in good faith. The value of the crops is
Php100,000 while the value of the land is Php101,000. In this case, A cannot compel B to buy the land.
True or False.
20. Acts merely __________, and those executed clandestinely and without the knowledge of the
possessor of a thing, or by violence, do not affect possession.
21. X, in bad faith, builds on the land of Y using the materials of Z. Y and Z are in good faith. Y
appropriates the building, and Z sues X for the value of the materials. However, X is insolvent. In this
case, Z cannot run after Y for the value of the materials considering that both of them are in good faith.
True or False.
22. The owner of real estate which is fronting or next to a river bank is also called a __________ owner.
23. Patrimonial property of the State is considered to be more in the nature of: PUBLIC property or
PRIVATE property?
24. Property that can be substituted by another thing of the same kind, quantity and quality are called
__________
25. The second element of possession (aside from the first element of occupation) the absence of which
can be used as a defense in a prosecution for illegal possession of an unlicensed firearm, is known as
__________
26. Possession in the concept of a holder can ripen into ownership. True or False.
27. If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it
in good faith at a __________, the owner cannot obtain its return without reimbursing the price paid
therefor.
28. Good faith can be invoked even if the person was mistaken in understanding a difficult provision of
law. True or False.
29. __________ is the division, between 2 or more persons, of property held by them in common so that
each may exclusively enjoy his sole estate.
30. A usufructuary may not sell the thing in usufruct but may lease it to another person. True or False.
31. An unauthorized person can also acquire possession of a property in favor of another. True or False.
32. Z is a person who honestly believes that he owns the car he is driving. He drives it in a negligent
manner which causes its damage. Later on, another person X sues Z and is able to prove that he is the
true owner of the car. Is Z liable to X for the damage to the car? Yes or No.
33. When one employs the materials of another in whole or in part in order to make a thing of a different
kind, this accession of movables is known as __________
34. Under the law on accession, if both parties are in bad faith, they shall not be considered in pari delicto.
Thus, a land owner may still enforce certain rights as against the builder on his land. True of False.
35. This refers to the accretion which takes place whenever the current of a river segregates from an estate
on its bank a known portion of land and transfers it to another estate. __________
36. For as long as a person can prove that he was unlawfully deprived of his cellular phone, he may
recover it from a third person in possession of the same even if the latter is in good faith. True or False.
37. An action to quiet title is a proper action where there is a boundary dispute arising from the
encroachment of one'ʹs building in another person'ʹs land even if their respective certificates of title are
consistent with each other. True or False.
38. Repair needed to fix the seat cover of a car given in usufruct, and which seat cover was damaged due
to wear and tear arising from normal use, is considered ordinary repair rather than extraordinary
repair. True or False.
39. The following are immovable property: (10) Contracts for public works, and servitudes and other
__________ rights over immovable property.
40. An action to quiet title is imprescriptible when the plaintiff is not in possession of the subject property.
True or False.
41. In order that a co-‐‑owner may entrust to another the management or administration of his share in the
co-‐‑owned property, he needs the consent of at least a financial majority of his other co-‐‑owners. True
or False.
42. Repairs needed to fix the tires of a car given in usufruct, and which tires were damaged due to wear
and tear arising from normal use, are considered ordinary repairs rather than extraordinary repairs.
True or False.
43. When a father was in bad faith in possessing a parcel of land, his son that succeeded him in such
possession is also deemed to be in bad faith at the beginning of the son'ʹs possession. True or False.
44. When a condominium unit in Manila is delivered to a tenant by handing over its keys in Cebu, it can
be said that the tenant has acquired possession thereof by the fact that said unit is now subject to the
action of the tenant'ʹs will. True or False.
45. No __________ shall run in favor of a co-‐‑owner or co-‐‑heir against his co-‐‑owners or co-‐‑heirs as long as
he expressly or impliedly recognizes the co-‐‑ownership.
46. For as long as a person can prove that he was unlawfully deprived of his money, he may recover it
from a third person in possession of the same even if the latter is in good faith. True or False.
47. Repairs needed to fix the stereo speakers of a car given in usufruct, and which speakers were damaged
due to wear and tear arising from normal use, are considered ordinary repairs rather than
extraordinary repairs. True or False.
48. __________ fruits are those produced by lands of any kind through cultivation or labor.
49. Just like in the law on lease, once a usufructuary assigns to another his right of usufruct, his
relationship with the naked owner ceases. True or False.
50. The usufructuary, before entering upon the enjoyment of the property in usufruct, has the obligation
to give security and make an __________.
51. __________ fruits are deemed to accrue daily, and belong to the usufructuary in proportion to the time
the usufruct may last.
52. All works, sowing, and planting are presumed made by the __________ and at his expense, unless the
contrary is proved.
53. In co-‐‑ownership, the co-‐‑owners are unable to physically pinpoint their respective shares since these
remain to be ideal shares. True or False.
54. The following things are deemed to be personal property: (3) __________ which are brought under
control by science.
55. A co-‐‑owner of a party wall may ask for partition at any time as he may not be compelled to stay in the
co-‐‑ownership longer than he desires. True or False.
56. Property is either of public dominion or of __________ ownership.
57. Only the possession acquired and enjoyed in the concept of __________ can serve as a title for
acquiring dominion.
58. Apart from occupation, another original mode of acquiring ownership is __________.
59. The __________ thing, as between two things incorporated, is deemed to be that to which the other
has been united as an ornament, or for its use or perfection.
60. Every owner may __________ or fence his land or tenements by means of walls, ditches, live or dead
hedges, or by any other means without detriment to servitudes constituted thereon.
61. Two co-‐‑heirs may validly stipulate that their share in the benefits produced by the inherited and co-‐‑
owned property shall be in the proportion of 70%-‐‑30% even if their share when they inherited the
property was 50%-‐‑50% provided that their share in the charges would also be 70%-‐‑30%. True or False.
62. Any one of the co-‐‑owners may bring an action in __________
63. River beds which are abandoned through the natural change in the course of the river, and where the
new course invades private property, are considered: Public land or Private land?
64. Donation by the donor, and acceptance by the donee, of an engagement ring worth Php 350,000
through a mere private written instrument is valid. True or False.
65. Ownership of unregistered land can be acquired through occupation. True or False.