SET 1: PROPERTY

1. Preservation is a natural but not an essential requisite of usufruct.

A: TRUE. The obligation to preserve its form and substance is a NATURAL requisite, while the real and temporary right to
enjoy anothers property is an essential requisite. (PARAS, civil code supra at 573)

2. A usufruct must be constituted by the owner of the thing.

A: TRUE. The person creating the usufruct must be the owner or his duly authorized agent.

3. Usufruct may involve real or personal property but an easement could only be over a real property.
A: TRUE. ART. 564 a usufruct may be constituted over things and rights without qualification whether it is a real or
personal property while in easement according to ART. 613 an easement or servitude is one which is imposed upon a
immovable property.

4. There could be usufruct over money.

A: TRUE. ART. 570 provides Whenever a usufruct is constituted on the right to receive a rent or periodical pension,
whether in MONEY or in fruits, or in the interest on bonds or securities payable to bearer each payment due shall be
considered as the proceeds or fruits or right.

5. The usufructuary may lease the property to the third person but must ask the consent of the naked owner to the lease
contract and the choice of the lessee.
A: FALSE. ART. 572 provides that the usufructuary may personally enjoy the thing in usufruct, LEASE it to another or
alienate his right of usufruct. As to the thing itself, the usufructuary may lease the thing to another, even without the
consent of the owner. (p. 119, 2014 MEMAID)

6. In a quasi-usufruct, the usufructuary must return the thing itself or pay its current price at the termination of the usufruct.
A: FALSE. ART. 574 speaks of QUASI-USUFRUCT OR ABNORMAL USUFRUCT which provides the usufructuary at the
end of the usufruct must a. pay the appraised value or b. if there is no appraisal made, return the same kind, quality, or
quantity or he must pay the price current at the termination of the usufruct. (p. 117, 2014 MEMAID) The law does not
require that the thing itself must be returned.

7-8. Give 2 instances when tha naked owner is obliged to post a bond in usufruct.
A: a. ART . 587 (par.3) if the owner does not wish that certain articles be sold because of their artistic worth or because
they have sentimental value, he may demand their delivery to him upon his giving SECURITY for the payment of the legal
interest on their appraised value.
b. ART. 609 Should the thing usufruct be expropriated for public use, the owner shall be obliged either to replace it with
another thing of the same value and of similar conditions, or to pay the usufructuary the legal interest on the amount of the
indemnity for the whole period of the usufruct. If the owner chooses the latter alternative , he shall give SECURITY for the
payment of the interest.

9. Ordinary repairs consists of repair of damages due to normal use, which are not indispensable for preservation.
A: FALSE. ART. 592 (par 2) by ordinary repairs are understood such as are required by the wear and tear due to the
natural use of the thing and are INDESPENSABLE FOR ITS PRESERVATION.

10. The naked owner is obliged to make extraordinary repairs.

A: TRUE. ART. 593, extraordinary repairs shall be at the expense of the OWNER. The usufructuary is obliged to notify the
owner when the need for such repairs are urgent.

11. The usufructuary did not share in the payment of the insurance premiums,
he is still entitled to the used of the property under Art. 607 if the owner rebuilds.
A: FALSE. (qualify kasi talaga dapat)
ART. 607 (par 1) IF THE USUFRUCT IS ON THE BUILDING AND LAND = the usufruct continues on the land and the
materials
ART. 607 (par 2) in relation to ART. 608 IF THE USUFRUCT IS ON THE BUILDING ALONE But in such case, if the
owner should wish to construct another building, he shall have the right to occupy the land and to make use of the
materials, being obliged to pay to the usufructuary, during the continuance of the usufruct, the interest upon the sum
equivalent to the value of the land and of the materials.
(CHECK 2014 MEMAID p. 124 pag mejo naguluhan kayo)

12. When the insurance on the building is taken only by the usufructuary, the
usufruct continues on the land and the naked owner must rebuild.
A: FALSE. The usufruct continues on the land for the remaining period of the usufruct. There is no obligation to rebuild on
the part of the usufructuary. Please see (2104 MEMAID pp. 124-125) walang nakalagay sa obligation ni owner to build
e huhuhuhu

13. There is no donation if there is no consequent diminution of the donors

asset.
A: TRUE. ART. 725 Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of
another, who accepts it. Therefore by virtue of such disposal there is a diminution of the assets of the donor.

14-20: Enumerate the distinctions between donations mortis causa and inter vivos
 MORTIS CAUSA INTER VIVOS
Takes effect upon the death of the donor Takes effect independently of the donors death

Made in contemplation of his death without the intention to Made out of donors pure generosity
lose the thing or its free disposal in case of survival
Void if donor survives done Valid if donor survives donee
Always revocable at anytime and for any reason before the Generally irrevocable during donors lifetime except for
donors death grounds provided by law
Must comply with the formalities of a will Must comply with the formalities required by Arts. 748 and
749

Can only be accepted after the donors death Must be accepted during the donors lifetime

Estate tax Donors tax

21. A donation that is invalidated by the predeceased of the donee can be

donation inter vivos.
A: FALSE. Donation mortis causa.

22. A modal donation is the same as remuneratory donation.

A: FALSE. MODAL DONATION a.k.a as CONDITIONAL OBLIGATION = imposes upon the donee a burden which is less
than the value of the thing donated.
REMUNERATORY a.k.a COMPENSATORY = given out of gratitude on account of the services rendered by the donee
(2014 MEMAID p. 144)

23. A modal donation subject to an impossible condition is valid.

A: FALSE. ART. 727 Illegal or impossible condition is considered as not imposed. Only the conditions are invalid but the
donation remains valid.

24. A onerous donation is void if subjected to illegal condition.

A: TRUE. ART. 727 Illegal or impossible condition in SIMPLE AND REMUNERATORY shall be considered as not
imposed. This article does not speak about onerous donation.

25. A convict suffering from civil interdiction may donate his property mortis
causa.
A: TRUE. The penalty of civil interdiction only prohibits donation inter vivos.

26. A donation made by an insane person can be validated by his having a lucid interval.
FALSE. Capacity to donate is determined at the time of donation. The donor
must have capacity to donate at the time of the perfection of the contract. His subsequent lucid interval will NOT cure the
defect.

27. A donation must be accepted by the donee.

TRUE. The donation is perfected from the moment the donor knows of the acceptance by the donee. Acceptance by the
donee is indispensable because nobody is obliged to receive a benefit against his will. Its absence makes the donation
null and void. (Art. 734, NCC and De Leon p. 653)

28. In no case may a wife validly donate to her husband.

FALSE. Under the Family Code, every donation made between spouses during the marriage shall be void EXCEPT
moderate gifts on the occasion of family rejoicing.

29. A minor can be a donor.

FALSE. The donor must have capacity to contract and to dispose.

30. A donation made by a husband in favor of a paramour is void even without a judgement of conviction.
TRUE. According to Art. 739, those donations made by persons guilty of adultery or concubinage at the time of the
donation shall be VOID.

31. The wife may validly donate in favor of her husbands paramour.
TRUE. There is no prohibition imposed upon such circumstance but no one in his right mind would do such, thereby
raising doubts as to the wifes mental capacity.

32. Future property may be donated.

FALSE. Only present property may be donated. (Art. 751)

33. A verbal donation of P5,000.00 is void.

FALSE. The law provides that if the value of the property EXCEEDS P5,000.00, the donation and acceptance must
always be in writing. Since the donation does not exceed said threshold, it may be made verbally, provided there is
simultaneous delivery which is required for its validity.

34. A donation of a parcel of land valued at P4,000.00 can be made in a handwritten deed that is notarized.
TRUE. Donations of immovable property must always be made in a public instrument, regardless of value. However, a
donation of an immovable, even if void, it can be the basis of acquisitive prescription, for as long as there is adverse
possession in the concept of an owner.

35. A donor may donate his entire patrimony.

TRUE. Donations may comprehend all the present property of the donor, provided that if he has forced heirs, he cannot
give or receive by donation more than what he can give or receive by will. If the donor has no forced heirs, donation may
include all the present property, provided he reserves in full or in usufruct the amount sufficient to support him and those
relatives entitled to support from him and sufficient property to pay his debts. (Arts. 750 and 752, NCC)

36. A donation made in favor of common law spouses is deemed to be a joint donation.
FALSE. The presumption that a donation is joint is only available for husbands and wives and NOT to common law
spouses.

37. A donation made by XXX company in favor of Mr. X and his paramour is valid.
TRUE. There is no prohibition, unless the company itself is prohibited from making donations.

38. In no case can there be a warranty against eviction in a simple donation.

TRUE. The donors warranty exists if the donation is expressed, propter nuptias, and ONEROUS. Thus, if a donation is
simple or remunerative, the donor is NOT liable for eviction or hidden defects. (p. 148, memaid)

39. The ownership of a property may be donated to an unborn child and the usufruct over the same property to another
person other than the mother.
TRUE. Art. 756 provides that the ownership of property may be donated to one person and the usufruct to another or
others, provided, all the donees are living at the time of the donation. This is because the naked ownership and usufruct
are real properties themselves.

40. The parties may agree that the donee will pay all the debts of the donor even in excess of the value of the property
donated.
TRUE. The law provides that if there is an express stipulation, the donee is to pay only debts contracted before the
donation, if not otherwise specified, but the donee answers only up to the value of the property donated, if no stipulation is
made to the contrary. If there is no stipulation, the donee is answerable only for the debts contracted in fraud of creditors.
41 to 43. What are the grounds for the reduction of a donation.
a. Birth, appearance, adoption of a child
b. Failure of the donor to reserve sufficient means for support of himself or his dependents
c. Failure of the donor to reserve sufficient property for the payment of his debts
d. Inofficiousness, that is the donation exceeds that which the donor can give by will.

44. An action for revocation for failure to comply with a burden imposed prescribes after five years from non-compliance.
FALSE. The action for revocation of an onerous donation does not prescribe in 4 years. It is governed by the law on
contracts and prescribes in 10 years. (p. 150, memaid)

45. An action for revocation on the ground of ingratitude may be renounced by the donor.
TRUE. However, it cannot be renounced in advance. Said action prescribes in 1 year to be counted from the time the
donor had knowledge of the fact and it was possible for him to bring the action.
46. An easement is a real right of limited use but without possession of the thing.
TRUE. An easement is a real right which is limited by the needs of the dominant owner or estate, WITHOUT
POSSESSION.

47. The easement of light and view, abutment of a dam, and aqueduct are continuous easements.
TRUE. Because the use of which are or may be, incessant without the intervention of any act of man.

48. The easement of distance may be acquired by prescription.

TRUE. Only continuous and apparent easements may be acquired by prescription. (Art. 620) An easement of distance is
continuous and apparent.

49. Servitudes of intrusion may be acquired by prescription upon a notarial publication given to the servient owner.
FALSE. Servitudes of intrusion pertain to positive servitudes. It can be acquired by prescription of 10 years, counted from
the day their exercise commences. It is for negative servitudes that a notarized document is necessary in acquiring
property by prescription.

50. In the establishment of an easement by an apparent sign, the silence of the deed does not bar the right to the
easement.
TRUE. This is because the sign itself is apparent and as a rule, the mark or sign need NOT be seen but should only be
susceptible of being seen.