PROPERTY

ALS BLOCK C 2020 | VILLAMIEL

MCQ COMPILATION (2010, 2011, 2013, 2014, 2015)

YEAR ASKED QUESTION ANSWER BASIS
Transactions involving real property
2010, 2011, must be recorded in the Registry of
2013, 2014, One important distinction between real and Deeds to affect 3rd party, but not so
2015 personal property is that: with respect to personal property Art. 708
2010, 2011,
2013, 2014, When the co-owners have unequal shares in Is entitled to a proportionate share in
2015 the common property, a co-owner: the benefits from the property Art. 485
When a one-carat diamond belonging to Jose Owner of the accessory may demand
2011, 2013, was attached as embellishment to a gold ring separation anytime of theowner of
2014, 2015 owned by Pedro: the principal acted in bad faith Art. 469

Jose possessed in bad faith for 6 years the

unregistered/untitled land of another. Jose
died and his son, Tomas, who did not know of Art. 533 in relation to Art. 1137,
Jose's bad faith, continued possession of the which says 30 years in total is
land as his inheritance. Tomas can acquire required (with possession by
2011, 2013, ownership by acquisitive prescription if he is a 24 (still can't find justification for the decedent [6] to be tacked with
2014, 2015 possessor in good faith for another: 8 years) 24 = 30 years)
Evangelista v. Alto Surety &
Insurance Co. (movable property
A house made object of a chattel mortgage is only as to contracting parties, but
2015 to others: Immovable to others, immovable)
Art. 572 (rights); p. 424, De Leon
(express mention that
usufructuary cannot alienate
2013, 2015 Not included in usufruct is the right to: Alienate the thing in usufruct thing in usufruct)

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ALS BLOCK C 2020 | VILLAMIEL

Accion publiciana is the action to recover the

better right of possession over real property Ownership handout (left side of
2011, 2013, while action reivindicatoria is the action to the tables) haha sorry can't find
2015 recover: Ownership over real property specifics in De Leon
Art. 494 (since co-ownership not
dissolved by death of brother A,
by virtue of elimination, this is
2 brothers inherited a house from their the best answer: either widow
2011, 2013, parents. Later, one brother died and was Surviving brother and widow can and brother B can demand
2015 survived by his wife. Hence: divide house for their separate use partition)
Adjoining lands are both dominant estates and
servient estates to to each other in the
2015 easment of: Lateral and subjacent support pp. 543-544, De Leon
A house constructed, without governmental pp. 555-556 (for nuisance per
authority, on a public street or waterway is Nuisance per accidents and public accidens), pp. 553-554 (for public
2015 both: nuisance nuisance), De Leon
The classification of real property and
2014 personal property is based on their: Mobility p. 7, De Leon
Placed and intended by owner of the
2010, 2011, Machineries and equipment are immovable denements for an industry or work
2013, 2014 when: thereat Art. 415(5)
Jose purchased a parcel of land from Pablo,
knowing it was under litigation between the
latter and Pedro. He planted coconut trees
and built a rampant to prevent erosion. Carbonell v. CA (in instances
2011, 2013, Eventually, Pedro won the case. Jose should when lawful owner or possessor
2014, 2015 be reimbursed: Expenses for the rampant chooses to pay for value)

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ALS BLOCK C 2020 | VILLAMIEL

When soil is deposited adjoining a private land

2011, 2013, as an effect of the natural current of the Owned by the riparian owner who can
2014, 2015 waters, the deposit is: apply for registration of title to it Grande v. CA
In multiple usufruct, whether successive or
simultaneous, the usufruct will be
2011, 2014 extinguished: Upon death of usufructuaries Art. 603(1)
2011, 2013, Possession which can be the basis of A possession in bad faith in the
2014 prescription is that of: concept of an owner Art. 1118
Parties can stipulate that real property can be Evangelista v. Alto Surety &
treated as personal property for purposes of Insurance Co. (movable property
chattel mortgage and the stipulation will be only as to contracting parties, but
2014 binding between them by reason of: Contract to others, immovable)
2014 A builder in bad faith is always obliged: To pay damages Arts. 447-455
He must file an application for
Where a riparian owner claims that a dried registration in order to be its
2010, 2014 river bed is his by accretion: registered owner PD No. 1529
The highest degree of possession is possession
2013, 2014 with Title in fee simple p. 523, De Leon
Property classified as to its susceptibility of
2010, 2011 substitution is: Fungible or non-fungible. p. 6, De Leon
When it is attached to the land in a
2010 A building is an immovable property: fixed manner Art. 415(3)
Art. 421; p. 45, De Leon; 3
2010 Patrimonial property is owned by the State: For attainment of its economic Manresa 93-96
2010, 2011, Involving the issue of mere physical or Javier v. Veridiano II; p. 88, De
2013 Accion interdictal is: material possession Leon

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A person can interfere with the right of

ownership of another if the interference is To avert an imminent danger and
2010 necessary: threatened damage Art. 432
2010, 2011,
2013 In accession discreta, industrial fruits include: Cultivated fruit trees p. 133, De Leon
To the riparian owner belongs the alluvion
2010 deposited by: Normal current of the waters Art. 457; Roxas v. Tuason
2010, 2011, Coupled with actual possession of land, tax
2013 declarations and payments of realty tax are: Persuasive proof of ownership Republic v. CA; p. 371, De Leon
River beds which are abandoned through the The owner whose lands are occupied
natural change in the course of the water by the new course in proportion to
2011, 2013 belongs to: the area lost Art. 461
2011 The usufructuary of a property cannot be: The owner himself Gaboya v. Cui; p. 412, De Leon
Patrimonial property of the State includes Not intended for either public use or
2010 property of public dominion: public service Art. 422
p. 171, De Leon (complete: the
act or process by which a riparian
land gradually and
imperceptively receives addition
made by the water to which the
2011 Accretion refers to: The process land is contiguous)
Statues and paintings on loan to and exhibited not enumerated in Art. 415,
2013 in a museum are: Movable deemed movable
When a landowner and a builder are both in
good faith and the landowner refuses to do
anything, the builder can ask the trial court to
???? compel the landowner to: Lease the latter's land Art. 448
May be mortgaged by the owner
2011 A building constructed on rented land: thereof even by chattel mortgage Navarro v. Reyes; p. 18, De Leon

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