REVIEW INNOVATIONS Pre-Board Examination for LAWS

Wednesday, September 13, 2023 after he has removed the nipa sheds. Ernesto refused to let
08:00 a.m. — 10:00 a.m. Demetrio remove the nipa sheds on the ground that these
----------------------------------------------------------------------------- already belonged to him. Who is correct?
A. Ernesto
1. The maximum land area which an applicant may B. Demetrio
apply/hold under quarry permit _____________________ C. Both of them
hectares. D. None of them
A. 10
B. 5 6. In underground mining operations, no person shall be
C. 15 employed below __________ years old.
D. 25 A. 18
B. 21
2. Prior to the expiration of his lease contract, can an C. 20
individual in alienable public agricultural land allowed by D. 25
law to purchase the lease area?
A. Yes, to ensure that every square inch of the land 7. Who has the direct executive control on the sale,
become productive. disposition and management of the lands of the public
B. No, the leased area cannot be purchased. It can domain?
only be leased. A. Municipal Court
C. No, the leased area cannot be the subject of sales B. Bureau of Lands
patent application. C. District Land Officers
D. Yes, subject to restrictions of existing laws, rules D. Regional Trial Court
and regulations.
8. Mike built a house on his lot in Pasay City. Two years later,
3. Don was the owner of an agricultural land with no access a survey disclosed that portion of the building actually stood
to a public road. He had been passing through the land of on the neighboring land of Jose, to the extent of 40 sqm.
Ernie with the latter’s approval for over 10 years. Jose claims that Mike is a builder in bad faith because
Subsequently, Don subdivided his property into 20 should know the boundaries of his lot and demands that the
residential lots and sold them to different persons. Ernie portion of the house which encroached on his land should
blocked the pathway and refused to let the buyers pass be destroyed or removed. Mike replies that he is a builder
through his land. Did Don acquire an easement of right of in good faith and offer to buy the land occupied by the
way? building instead. Which is true?
A. Yes A. Mike is a builder in good faith
B. No B. Mike is a builder in bad faith
C. It depends C. Mike is the real land owner
D. None of the above D. Cannot be determined

4. Under CA 141, after 5 years from the issuance of the 9. Who has the sole power to declare that lands (alienable
patent and within 25 years after the issuance of the title, no and disposable) are open to disposition or concession under
alienation, transfer or conveyance of any homestead the Public Land Act?
maybe done without the approval of: A. President of the Philippines
A. Secretary of DENR B. Regional Trial Court
B. President of the Philippines C. Secretary of DENR
C. Director of Lands D. CENRO
D. Regional Trial Court
10. The power of the government to protect private
5. Demetrio knew that a piece of land bordering the beach property for public use upon payment of just
belonged to Ernesto. Ernesto went abroad, Demetrio compensation.
occupied the same and constructed thereon nipa sheds A. Eminent domain
with tables and benches which he rented out to people who B. Power of taxation
want to have a picnic by the beach. When he returned, he C. Police power
demanded the return of the land. Demetrio agreed to do so D. Escheat
11. Filomena bought a parcel of unregistered land from
Hipolito. When she had the property titled and declared for
tax purposes, she sold it. It was found out that Filomena
falsely stated that Hipolito sold it to her because Hipolito is
already dead during that time. Is Filomena the lawful
owner?
A. Yes, because she already paid the taxes of the land.
B. No, because payment of taxes is not a proof of
ownership.
C. Yes, because the proper was titled under her name.
D. No, because Torrens certificate does not vest or
create title.
12. Properties which belong to the state, without being for
public use and are intended for some public service or for
the development of the national wealth is considered.
A. Property of the public dominion
B. Patrimonial property of the state
C. Personal property of the state
D. Real property of the state
13. The residents of a subdivision have been using an open
strip of land as passage to the highway for over 30 years.
The owner of that land decided, however, to close it in
preparation for building his house on it. The residents
protested, claiming that they became owners of the land
through acquisitive prescription, having been in possession
of the same in the concept of owners, publicly, peacefully,
and continuously for more than 30 years. Is this claim
correct?
A. No, the residents have not been in continuous
possession of the land since they merely passed
through it in going to the highway.
B. No, the owner did not abandon his right to the
property; he merely tolerated his neighbors’ use of it
for passage.
C. Yes, residents of the subdivision have become
owners by acquisitive prescription.
D. Yes, community ownership by prescription prevails
over private claims.
14. Whenever there is a cloud on title to real property or
any interest therein, by reason of any instrument, record,
claim, encumbrance or proceeding which is apparently valid
or effective but is in truth and in fact invalid, in effective,
violable or unenforceable and maybe prejudicial to said
title, an action maybe brought to remove such cloud, this
action is known as:
A. Quieting of title
B. Usufruct
C. Pacto de retro
D. Pro rata
15. X and Y were to marry in 3 months. Meantime, to
express his affection, X donated a house and lot to Y, which
donation X wrote in a letter to Y. Y wrote back, accepting
the donation and took possession of the property. Before
the wedding, however, Y suddenly died of heart attack. Can
Y’s heirs get the property?
A. No, since the marriage did not take place.
B. Yes, since all the requisites of a donation of an
immovable are present.
C. No, since the donation and its acceptance are not in
a public instrument.
D. Yes, since X freely donated the property to Y who
became its owner.
16. It is the holding of a thing or the enjoyment of a right.
A. Pacto de retro
B. Usufruct
C. Negotiorum gestio
D. Possession
17. Can future inheritance be the subject of a contract of
sale?
A. No, since it will put the predecessor at the risk of
harm from a tempted buyer, contrary to public policy.
B. Yes, since the death of the decedent is certain to
occur.
C. No, since the seller owns no inheritance while his
predecessor lives.
D. Yes, but on the condition that the amount of the
inheritance can only be ascertained after the
obligations of the estate have been paid.
18. Which of the following donations shall be void.
A. Those made between persons who were guilty of
adultery or concubinage
B. Those made between persons found guilty of the
same criminal offense, in consideration thereof
C. Those made to a public officer or his wife,
descendants and ascendants by reason of his office
D. All of the above
19. For purpose of qualifying a public land applicant of a
free patent under RA 10023, the average annual income of
a 2nd class municipality where he is applying is equal to or
more than 45 million but not exceeding
A. 65M
B. 55M
C. 45M
D. 75M
20. The immovable that which is the subject of the
easement is called.
 A. Servient estate C. Those properties for public use in provinces, cities,
B. Dominant estate municipalities such as provincial roads, city streets,
C. Real estate squares, fountains and public works for public
D. All of the above service paid for by said provinces, cities or
municipalities
21. Which of these lands of public domain is not included D. All of the above
under Public Land Act (CA 141)?
A. National Parks 26. Modes of acquiring continuous and apparent easement.
B. Alienable or disposable lands
A. By virtue of title
C. Timber lands
D. Mineral lands B. By prescription of 10 years
C. By means of court order
22. An applicant for homestead acquires vested right in the D. A and B
property from the time that:
A. The homestead patent was issued 27. Ownership and other real rights over immovable also
B. He has fully complied with all the terms and prescribe through uninterrupted adverse possession
condition and the requirements of the Public Land thereof for __________ years, without need of title or of
Act good faith.
C. He has complied with the residence requirements A. 10
D. Has complied with the cultivation requirements B. 30
C. 5
23. For the purpose of the administration and disposition, D. 8
the lands of the public domain alienable or disposable shall
be classified, according to the use of purposes to which 28. Other than the applicant, who else is being notified in
such lands are destined, as follows: an ordinary land registration proceedings?
A. Director, NHA
A. agricultural, residential, industrial, or for similar
B. DAR Regional Director
productive purposes C. Director, LMB of DENR
B. Educational, charitable, or other similar purposes D. Director General of NEDA
C. Reservations for townsites and for public and quasi-
public uses 29. Within what period should your file action for forcible
D. All of the above entry?
A. Within one year
24. The reversion of property to the government when the B. Within 3 months
owner dies without having a will of heirs. C. Within one month
A. Jus utendi D. Within 2 years
B. Just abutendi
C. Escheat 30. The cancellation of a free patent is between the grantor
D. Jus dispodendi and the
A. DARAB
25. Which of the following are considered properties of B. DENR
public domain? C. Applicant/ grantee
A. Those intended for public use such as road, streets, D. LRA/ Registration of deeds
canals, rivers, ports and bridges constructed by the
state 31. A parcel of land owned in common by five sisters who
B. Those which belong to the state, without being use are all OFWs and their only brother, Juan. Juan remained as
for public and are intended for some public service a farmer and is the only co-heir tilling the land for more than
30 years. The five other co-heirs requested Juan to
or for the development of the national wealth
subdivide the land being cultivated by him. Juan refused
violently. Can the co-heirs demand the subdivision of their B. 100
property? C. 50
A. Yes, because of the existence of co-ownership. D. 300
B. No, because Juan is the actual tiller of the land.
C. No, Juan is in actual possession of the land. 37. The water, sea bottom and subsurface measured from
D. Yes, Juan has been enjoying all the benefits for the the baseline of the Philippine Archipelago up two hundred
past 30 years. nautical miles (200 n.m.) offshore
A. Territorial sea
32. Maximum area of public agricultural land allowed for B. Exclusive Economic Zone
lease for an individual who is a Filipino citizen of lawful age C. High Seas
A. 48 hectares D. Contiguous zone
B. 500 hectares
38. This is the right to alienate property
C. 12 hectares A. jus utendi C. jus abutendi
D. 1000 hectares B. jus disponendi D. jus vindicandi

33. The maximum period of lease of public agricultural 39. May a real property be classified validly as personal
lands to qualified persons. property?
A. 5 years renewable for another 5 years A. Yes, by special provision of our laws.
B. 25 years renewable for another 25 years B. Yes, by agreement between the parties.
C. A real property is always a real property.
C. Indefinite period of time
D. A and B are both correct.
D. yearly
40. Which of the following is not a characteristic of a co-
34. Andres is a riparian owner of a parcel of registered land. ownership?
His land, however, has gradually diminished in area due to A. There must be more than one subject or owner.
the current of the river, while the registered land of Mario B. There is one physical whole divided into ideal
on the opposite bank has gradually increased in area by shares.
200-square meters. Who has the better right over the 200- C. Each share is definite in amount, but is not
physically segregated from the first.
square meter area?
D. The co-ownership has juridical personality.
A. Andres
B. Mario 41. A type of contract which requires delivery of the object
C. ½ each of the contract in order to be perfected
D. State A. consensual contract
B. quasi-contract
35. Machinery, receptacles, instruments or implements C. real contract
D. contract of option
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 42. In order to reconstitute an original certificate of title,
land and which tends directly to meet the needs of the said which of the following sources will be used last in the
industry or works is reconstitution?
A. An authenticated copy of the decree of
A. Personal property registration or patent, as the case may be, pursuant
B. Movable property to which the original certificate of title was issued
C. Immovable property B. A certified copy of the certificate of title,
D. Patrimonial property previously issued by the register of deeds or by a
legal custodian thereof
36. The maximum area that a qualified person may hold at C. The owner's duplicate of the certificate of title
any time under a mineral agreement shall be ________ D. The co-owner's, mortgagee's, or lessee's
blocks onshore in any province for partnerships, duplicate of the certificate of title
corporations, cooperatives or associations.
A. 200
43. Of the above sources in the previous question, which
takes precedence over the others?
A. An authenticated copy of the decree of
registration or patent, as the case may be, pursuant
to which the original certificate of title was issued
B. A certified copy of the certificate of title,
previously issued by the register of deeds or by a
legal custodian thereof
C. The owner's duplicate of the certificate of title
D. The co-owner's, mortgagee's, or lessee's
duplicate of the certificate of title
44. Within Urban Zones legitimate tenants who have
resided on the land for 10 years or more who have built
their homes on the land and residents who have legally
occupied the lands by contract, continuously for the last 10
years shall not be dispossessed of the land and shall be
allowed _______________ within a reasonable time and at
reasonable prices
A. right of redemption
B. right of expropriation
C. right of first refusal to purchase
D. development rights
45. It is any natural mineral formation or deposit occurring
in a cave or lava tube, including but not limited to any
stalactite, stalagmite, helictite, cave flower, flowstone,
concretion, drapery, rimstone or formation of clay or mud.
A. Speleothem C. Speleogem
B. Significant Cave D. Cave
46. If a registered owner of a parcel of land wishes to
convert the land into a subdivision project, he should
submit subdivision plan to:
A. Director of Lands
B. Register of Deeds
C. Land Registration Authority National Housing Authority
D. Housing and Land Use Regulatory Board
47. Is it always unethical to review the work of another
geodetic engineer?
A. Yes, but with certain limitations.
B. No, if you are permitted by him to do so.
C. Yes, because it is violation of the PRC Law.
D. No, the work was only done by a surveyman.
48. The new foreshore along the reclaimed areas shall be
the property of _______
A. respective municipalities
B. respective provinces
C. an individual buyer
D. national government
49. Can officials of the DENR issue survey authority/order
within an ongoing cadastral project?
A. DENR officers can issue survey authority and
even survey order.
B. It is the duty of the USEC for field operations to
issue survey order
C. DENR cannot issue survey authority/order
within ongoing cadastral project
D. It is the duty of DENR officials to issue survey
authority/order
50. The minimum period given to a license under the timber
license agreement, renewable for the same period is
________________ years.
A. 50
B. 25
C. 30
D. 10
51. What are the distinctions between usufruct and a lease?
A. In a usufruct, it is always a real right. While in a
lease, it may be a real or a personal right.
B. In a usufruct, it is created by contract, while in
a lease, it is created by the government.
C. In a lease contract, the leasee has duty to make
ordinary repairs, while in usufructuary, he has
no duty to make repairs.
D. None of the above
52. The president of condominium building is requiring all
unit owners to pay their contributions for the repair of the
stairs up to the 4th floor. Unit owners of the ground floor
refuse to pay. Can the president compel them to pay?
A. Yes, all of them must contribute
B. No, because not all of them are using the stairs
C. Yes, because they are under obligation to
preserve the building
D. No, it is contractor-builder that can require
them to pay.
53. Which of the following is considered immovable
property?
A. Fertilizer actually used on a piece of land
B. Forces of nature which are brought under
control by science
C. Shares of stock of agricultural entities
D. Obligations and actions which have for their
object demandable sums
54. The CENRO concerned, shall process the public land
application under RA 10023 for a non-extendible period of
_____________ days, from the date of filing of the
application.
 A. 160 payment from A, the latter refused to pay on the following
B. 130 grounds: B is only 16 years old, C has already been
C. 90 condoned by X, D is insolvent and E was given by X an
D. 120 extension of 6 months without the consent of the other 4
co-debtors. Which defense may A not validly avail of?
55. Some of the co-owners of an old house would like to A. B’s minority
convert it into a hotel for productive purposes. Others B. D’s insolvency
would like to preserve as an ancestral home. What is the C. Condonation given to C
best solution? D. Extension given to E
A. Seek relief from the court.
B. They should seek assistance from the office of 61. As per PD 705, lands that are designated for the
the city engineer. protection of animals, birds and fishes and it is off limits to
C. Proceed with the conversion anyways, it is hunting are called ___________.
beneficial to everybody. A. National park/ grazing areas
D. Consult other relatives B. Grazing lands/marine park
C. Seashore park/ marine park
56. During land registration, what happens once the Court D. Game refuge/ bird sanctuary
promulgates judgment in favor of registering the land under
the applicant's name? 62. It is the privilege granted by the State to a person to
A. Copy of the decree of registration is sent to the utilize forest resources within any forest land, with the right
Registry of Deeds of occupation and possession over the same, to the
B. The Land Registration Commission is instructed exclusion of others except the government, but with the
to issue the decree corresponding obligation to develop, protect and
C. Adverse claimant files an answer to the rehabilitate the same, in accordance with the terms and
application conditions set forth in said agreement
D. Issuance of owner’s duplicate certificate of OCT A. License Agreement C. License
B. Permit D. Lease
57. It refers to the delay of obligee or creditor to accept the
delivery of the thing 63. Paul buys a dozen apples worth Php107. He pays a
A. Compensation Morae Php500- bill and the seller gave him change amounting to
B. Mora Solvendi Php453. Jun has a duty to refund the over change because
C. Mora Accipiendi of:
D. Dolo Incidente A. negotiorum gestio
B. solutio indebiti
58. Lands recorded under the Spanish Mortgage Law which C. reciprocal obligation
are not yet covered by Torrens title are considered D. quasi-delict
A. idle lands
B. abandoned lands 64. Can we acquire public dominion through prescription?
C. untitled lands A. Yes, if we are in actual occupation and
D. unregistered lands cultivation
B. No, because there is no public land application
59. All of the following are qualifications for a PRC filed
Commissioner except C. Yes, if we are in open and continuous
A. not pecuniary interested, in any school, institute, possession
college or university D. No, it cannot be acquired through prescription
B. at least forty (40) years of age
C. familiar with the principles and methods of 65. Jun went to Australia for a year and left his fishpond in
professional regulation and/or licensing the Philippines. Seeing that the fish were ready for harvest,
D. has at least five (5) years of executive or Julio harvested the fish and sold the harvest to a market
managerial experience vendor. What juridical relation does this contemplate
between Jun and Julio?
60. A, B, C, D and E made themselves solidarily indebted to A. negotiorum gestio
X for the amount of Php 50,000. When X demanded B. solutio indebiti
 C. reciprocal obligation
D. quasi-delict
66. Marvin offered to construct the house of Carlos for a
very reasonable price of P900,000.00 giving the latter 10
days within which to accept or reject the offer. On the fifth
day, before Carlos could make up his mind, Marvin
withdrew his offer. Is the withdrawal valid?
A. No, Carlos has 5 more days to decide on the offer
B. Yes, Marvin may withdraw the offer at any time
before the acceptance of the offer.
C. No, Marvin should have first asked Carlos to
provide an answer even though the 10 days have
not lapsed yet before withdrawing the offer
D. Yes, but Marvin has to pay damages to Carlos
67. Petitions for reconstitution using owner's duplicate of
the certificate of title, co-owner's, mortgagee's, or lessee's
duplicate of the certificate of title or annotations or
memoranda appearing on the owner's co-owner's
mortgagee's or lessee's duplicate may be filed with the
______________________ by the registered owner, his
assigns, or other person having an interest in the property
A. Court of First Instance
B. Land Registration Authority
C. Registry of Deeds
D. Bureau of Lands
68. Which characteristic does NOT refer to an alluvion?
A. Accretion is gradual
B. There is only attachment
C. Accretion can be identified
D. Accretion cannot be identified
69. All original surveys of lands, claimed or owned by
individuals, partnership, corporations or any other form of
organization, undertaken for use in original land
registration proceedings pursuant to PD 1529:
A. Private Land Surveys
B. Amendment Surveys
C. Public Land Surveys
D. Conversion Surveys
70. Can the government dispose of any property of public
dominion?
A. Yes, because the government is the owner.
B. No, because it is outside the commerce of man.
C. No, but the government can always exercise its
police power.
D. Yes, but it should pass through DENR.
71. This refers to a derivative mode of acquiring ownership
and other real rights by virtue of which there being
intention and capacity on the part of the grantor and
grantee and the pre-existence of said rights in the estate of
the grantor, they are transmitted to the grantee through a
just title.
A. Intellectual creation C. Tradition
B. Prescription D. Occupation
72. It refers to a written instrument executed in accordance
with law, wherein a person grants or conveys to another
certain land, tenements whether involving transfer of title
or more encumbrances
A. Deed
B. Land title
C. Certificate of Title
D. Public grant
73. All of these laws deal with land reform except:
A. RA 6389 C. PD 1517
B. RA 6552 D. RA 1400
74. Jose, Pedro and Mario owes Mr. Lim a total of Php
60,000. When Mr. Lim demanded the return of the loan
from Pedro, Pedro paid his share of Php 20,000. What kind
of obligation does this contemplate?
A. Alternative C. Solidary
B. Joint D. Divisible
75. Dave finds out that his application for land registration
has been denied by the Court. Judgment of the Court was
rendered on June 6, 2011. On November 3, 2011, Dave
decides to assail the Court's decision. What remedy can he
avail of?
A. Relief from Judgment
B. Review of Decree of Registration
C. Review of Judgment
D. Reconveyance of Property
76. Is abandonment applied to registered lands?
A. No, only personal property may be abandoned.
B. Yes, it is applied to all registered lands.
C. Not only registered lands because all kinds of
properties can be abandoned.
D. Yes, registered lands can be abandoned for
nonpayment of taxes.
77. Under the comprehensive agrarian reform program,
idle, abandoned, foreclosed and sequestered lands shall be
planned for distribution, as?
A. farm lots exclusively for rural women in the area.
B. home lots for disqualified tenants in adjacent
towns
C. residential lots for tenants in nearby barangays
 D. farm and home lots for occupants of the subject
lots.

78. It is the juridical relation which arises when a person is

obliged to return something received by him through error
or mistake:
A. negotiorum gestio
B. solutio indebiti
C. reciprocal obligation
D. quasi-delict

79. Under our 1987 Constitution, are associations allowed

to lease alienable lands of the public domain?
A. Partnerships are allowed but no associations.
B. Yes, they area.
C. No, they are not.
D. Only corporations are allowed.

80. Is an action to quite title prescriptible, if the plaintiff is

in possession?
A. It is the duty of the court to determine.
B. Yes, because he abandoned his rights.
C. No, because he is in possession.
D. He can refer the matter to DAR.

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