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CIVREV 1 Quiz#3

(1) A woman who cannot perform her obligation as a wife SC in Morigo case distinguished that case frim Sarciano v.
because she lives in the world of lies is psychological Tan in the sense that in Morigo: there is no ceremony and
incapacitated. that there is no marriage to begin with although the SC
said you cannot determine for yourself the nullity of the
True. There is psychological incapacity in caseof a woman
marriage no matter whether or not void or voidable.
who lives a lie at the start of marriage.She had to write to
herself, she had to invent personal circumstances and it (6) A valid Bigamous Marriage shall be automatically
affected the performance of her marital obligations. terminated upon the reappearance of the spouse.
Antonio v. Reyes held that she is incapacitated.
False. The spouse, who was declared presumptively dead,
(2) A marriage between first cousins is void for being must have an affidavit of reappearance.
incestuous.
But is it still possible to have a valid bigamous marriage?
False. It is a void marriage for being contrary to Public Yes.
Policy under Art. 38(1) of Family code.
Other samplex:
(3) The marriage of the Filipina and an American in the
An exception to Art. 35(4) is Art. 41 where the spouse is
Philippines facilitated by a mail order bride operator is
missing he/she will be declared presumptively dead by
valid.
summary judicial action and therefore the subsequent
True. The operation of a business like this is prohibited by marriage will not be considered as bigamous because of
law, it will not affect the validity of the marriage as long as the rpesumptive death of the other one, the absent
you have all the elements of a valid marriage. spouse. But if the absent spouse turned out to be alive,
then the 1st marriage was not dissolve by the death of the
(4) A policeman who killed X, a drug pusher, on their first
spouse so you will have 2 marriages. While the subsequent
encounter, can validly marry the widow of X.
marriage is bigamous, it is exempted from Art. 35(4). This is
True. It is not covered by Art. 38(9). The killing was not for case of valid, although bigamous marriage. But you
the purpose of marrying the widow of X. cannot hve the best of both worlds, according to the law,
so the 2nd marriage will be terminated even if it is valid. It
(5) The Accused in the pending bigamy case may be will be terminated not upon the reappearance of the
benefited by the declaration of nullity of his previous absent spouse but ipon the filing of the affidavit of
marriage. reappearance.

False. Based on the Ruling of Mercado v. Tan, if a man for (7) Pregnancy of the wife before the marriage by a man
the instance marry without the judicial declaration of his other than the husband is a valid ground for annulment of
first marriage, he can be charged with bigamy. Whether marriage.
or not the first marriage is valid, it does not make any
difference because, according to the Supreme Court, you False. Without Concealment, there is no fraud to annul the
cannot decide by yourself the nullity of your marriage that marriage.
is why it is said that art. 40 which requires the judicial
(8) Fraudulent misrepresentation of a man regarding his
declaration of nullity of a void marriage, it is intended
salary maybe a ground for annulment.
among others to insulate the party from charges of
bigamy. According to them, that is the acceptable False. The enumeration of Art. 45 is exclusive and so with
defense that the first marriage must have such judicial the instances set forth in Art. 46.
declaration. If it was the subsequent marriage is being
(9) The ground for annulment of marriage is exclusive to
questioned, then, it is different. Unless of course the
those specified by law.
accused in the bigamy case unless the accused is the one
who give the ground for the nullity of the subsequent True.
marriage. In which case, he cannot benefited by that.
Unlike there is a pending bigamy case and then a civil (10) A woman abandoned by the husband since 1995 may
case in an action for annulment on the ground that a man marry without the judicial declaration of presumptive
who the accused in the bigamy case used for.... to death.
compel the woman to agreeing into a subsequent
False. It should have a judicial declaration.
marriage. That would not be allowed.
General rule under the New Civil Code, the 7 year
Other samplex:
absence for all intents and purposes will give to the
False. While Jurisprudence states that the nullity of a presumption that the missing spuse is dead But since the
previous marriage will nbot allow a party thereto to Family Code is a special law, the requirement for judicial
contract another subsequent marraige without a judicial declaration of presumptive death will have to be applied
declaration of nullity of the previous one. SC said if he or regardless of the number of the years even if it is 10 or 20
she gets married agains, he or she is risking a prosecutio for years. You still have to comply with the Family Code.
Bigamy. But, Exceptionally, in the case of People v. Morigo,
(11) The nullity of the subsequent marriage because of
where the marriage was annulled or declared void from
psychological incapacity is prejudicial question in a
the beginning. The SC acquitted the accused but the
bigamy case.
acquittal was not really based on the fact that there is a
previous declaration of nullity but on the natue of.... False.

Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 1 of 10
(20) Recrimination must refer to a common ground for
legal separation

False. You can apply mutual guilt even in different grounds


(12) The rules of triennial cohabitation is absolute.

False. It is only or merely a presumption.


(21) A legal separation decree does not become final
(13) Impotency may be relative
False. Procedurally, it does become final
True. Some partners, there is incapacity. But to others, there
may not. (22) The wife may revert to her maiden name after the
decree of legal separation
What is Impotency? It is an incapacity of a man to
copulate or to have sexual intercourse. False. Because the marriage was not severed

(14) A man who can have only have an erection by Supposed that it is a decree of annulment, is there an
drinking “makahiya” is impotent option on the part of the woman to change her name?

False. The point is if there is a remedy like drinking or Yes, provided that the wife is the innocent spouse and
extraction for the man to have an erection, is he an provided further that the ex-husband will not prevail..
impotent for the purposes applying art. 45?
(23) The reconciling spouses may adopt a property regime
No, because there is a remedy different from what they had prior to the legal separation

but supposed it faints by just touched like a makahiya False. the family code seeks not to allow the adoption of
plant, does the man considered to be impotent for different property regime but in art. 67, allows the revival
purposes of art. 45? of the previous property regime and the family code
provides that if there is a stipulation that the property
Yes, because there is an physical incapacity to copulate.
regime will commence at the time other than the decise
(15) In a marriage that is voidable for lack of parental moment of the marriage, that stipulation will be void.
consent, the mother of the 23- year old husband may seek However the Supreme Court ruled that rules expressly
the annulment of the marriage allows the spouses to adopt a new or different property
regime. Substantial or substantive law seems to be
False. But it is mentioned that the marriage is a voidable prohibitive but the procedural law allows it. Say that you
marriage. Therefore, there was no parental consent that is have to choose only one, substantive. But if it is asked in
required by the law. the bar exam, you mentioned both.

Who can file the action for this case? Other Samplex:

It could be the party or it could be the parent. But the BONUS. The FC refers to the revival of the previous property
parent may do only before the child reached the age of regime meaning they have to go back to what they had
21. The parent of the 23 year old child cannot file the prior to the legal separation. BUT the SC in its CIRCULAR,
petition. provides that the spouses may revert back OR they can
adopt a new or diff prop regime BUT it is still in the FC that
(16) The insane spouse may seek the annulment of her
if the spouses will agree on the prop regime it must begin
marriage to another insane person
at the precise moment of marriage. An agreement of a
True. May, during a lucid interval property regime to begin in the future is VOID. On the basis
of SUBSTANTIVE LAW, it is NOT possible. But if considering
(17) One single slap to the face can be a ground for legal the SC circular, it may happen. Atty. Delson (personally, I
separation would prefer substantive law)
True. Because art. 55(1) refers to repeated acts of physical (24) Drug addiction or habitual alcoholism of the petitioner
violence. But when such One single slap be a ground for is a valid ground for legal separation
legal separation?
False. It is the respondent. In legal separation, only the
When one slap is intended against the life of the woman. innocent spouse may file. With the exception, guardian for
the insane persons. But the rule is we apply the free hands
(18) The insistence of the husband to have dog-style sex
doctrine. We do not apply to actual judicial declaration of
every other day can be a ground for legal separation
nullity under art. 36 on Psychological incapacity.
True. The rule depends upon the one talking. If it is sexual
(25) A lesbian may not petition for legal separation against
perversion, we have to respect that. However, if we
her gay husband whom she caught having sex with their
considered common standards, it likely to much to have
driver.
like that every other day. That would be 150+ times in a
year and might be sexual perversion. False. Does it mean that if the spouses are homosexual,
they can no longer fila an action from legal separation?
(19) Continued support given by the aggrieved husband
No, even if the man is homosexual but after finding True
to the adulterous wife is considered as condonation.
love he forgot about his homosexual ways it would be
True. unfair.

Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 2 of 10
(26) After legal separation the custody of the 6 years old Other samplex:
child shall be awarded to the innocent husband
True, There is an apparent inconsistency between Art 43
False. Exceptionally for a child below 7, the law states that and Art 86 because in Art 86 it made donation propter
the child must be in the custody of the mother UNLESS it nuptias revocable by court action. In Art. 43, it is supposed
can be shown that the mother is unfit. Tender age to be revoked by operation of law.
doctrine.

(32) The petition for legal separation may be filed in the


(27) The offended spouse in an action for annulment shall family courts of the province or city where the marriage
be disqualify in inheriting from the innocent spouse by was celebrated.
intestate or testate succession.
False. It is at the option of the petitioner. It must be in the
True. In the case of legal separation, the provision which where either party resides (determinant of the venue of
provides that the will shall be revoked by operation of law the action – Rules of Court)
does not foreclose the possibility of
(33) The respondent in a legal separation case may admit
How about the innocent spouse, he/she may inherent? the fact that he verbally abused the petitioner when
encounter at the 5th anniversary of the wedding
Are there any instances that the former spouse may inherit
from intestate succession of ex-spouse? True. That is not prohibited. It is one of the admissions may
make in the mandatory pre-trial conference.
Yes, if they are relatives.
(34) In all cases, sexual intercourse is an implied
(28) A void marriage under Art. 40 of the FC shall be
condonation which my be a defense in a case for legal
governed by the regime of absolute community of
separation
property in the absent of contract stipulation.
False. Only voluntary sexual intercourse may be
True.
considered as condonation.
What is the property regime of a party in the Void
Other Samplex:
marriage?
FALSE. Not in all cases, because sexual intercourse can be
Co-ownership under Art. 147 and Art. 148
forced. If it is forced upon the woman, that is not
When will be there in Art. 147? condonation. There is a diff bet sexual intercourse and
F*CK. F*CK (“for unlawful carnal knowledge”) refers to
Cause of Nullity is not present of legal impediment adulterous sexual relations, if with the wife, it is not f*cking
otherwise it is Art. 148. but love/romance

What Void Marriage that governed by Absolute (35) The decree of legal separation must be published
community? once in a newspaper of general circulation if the
whereabouts of the respondents are unknown
Art. 50, a Void marriage under art. 40 will be governed by
Art. 43. Art. 43 is governed by the general rule. True. It must be required by the rules.

What are the consequences that you have in Art. 43 Other Samplex:

(2) the liquidation or distribution of a conjugal property False. Why service of summons may, if the party or the
respondents is not in the place of is last residence, he
(29) A void marriage under Art. 36 of the FC shall be
cannot be located or if his whereabouts are unknown, the
governed by Art 148 of the same code.
publication or the requirement of publication of the
False. Governed by Art. 147. Art. 36 Psycho incapacity is decree will apply only when service of summons was done
not a legal impediment to a marriage by publication

(30) In the event of adverse judgement in a petition for If at the start of the proceedings, you know where the
legal separation, the wife may appeal or file an Motion for respondent is but thereafter he went missing is there a
reconsidered within 15 days from the receipt of the need for you to publish the decree of legal separation?
decision. NO, if you have acquired the jurisdiction over the person
by means of service of summons, then there is no need to
False. She must file a motion for reconsideration which is publish the decree. It is only in the case where the
mandatory requirement for appeal. Wife cannot appeal summons is served thru publication that the decree of
outright. MR first before one can file for appeal. Cannot legal separation must also be published.
appeal without filing a MR

(31) Upon the declaration of nullity of subsequent


marriage, Art. 40 of the FC, a donation propter nuptias in
favor of a party in bad faith may be revoked by court
action.

False, it is revoked by the operation of law and there is no


need to go to court.

Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 3 of 10
(36) X purchased the very old Spanish house he was (39) The house in #38 mentioned above may be auctioned
renting from a friend with the intention of demolishing it as chattel mortgage
once he receives his retirement pay or 2 years from the
False. The classification of the house into a personal
sale and construct his dream house thereon. The building
property is binding between the contracting parties as
is personal property.
against the public or third parties, the buildings will be real
False. Building is a real property under Paragraph 1 of Art. property. Therefore, auction sales as may be necessary
415. It is permanently rotted or attached at the ground. involve 3rd parties shall comply with the requirements of a
With the intention of demolish will not change the nature real properties.
or classification of such property. In the old case said that
The SC said however that the classification of the parties of
if the buyer did demolished it upon purchase then he is
a house as a personalty will only be valid between them, if
interested only to the materials. it can be classified as
it will affect public or third parties, it is still real property. So
personal property that is very exceptional because when
the procedure governing the foreclosure, auction or sale
you classify a building. It is by incorporation. Intent will not
of the property shall be that of a real property.
determine the classification of the real property by
incorporation. Before consideration, it is the attachment of (40) A house built in the middle of the street is not a real
the property. The building here is not personal property it is property
real property.
False. Manner of incorporation.
Remember the classification of real property under Art.
415: (41) A cash register of a restaurant is a real property

i. By nature – those which cannot be moved from place to False. Remember the elements for a machinery to be
place (ex. Land while it is forming part of the earth; land immobilized under par 5 of Art 415. One requirement is that
on a dump truck cases to be land which is immovable by the machinery should cater directly to the needs of the
nature and becomes a personal property but if you put it industry or business, meaning that it must be essential to
back to form part of the greater mass of the earth it reverts the operations of the industry and not merely an
back to an immovable by nature) accessory. Essential meaning, that the work or industry
cannot be operated without such machinery. If the
ii. By designation – industry can be operated even without the machinery
then it is not essential
iii. By incorporation – things which can be moved from
place to place but they are immobilized by incorporation; (42) The beds of the hospital is personal property
so it is the attachment to the ground/ immovable that
determines the classification of the property (permanent False. It is essential.
or superficial) if permanent, it becomes real property
(43) The machinery to be immobilized by destination may
without any other consideration even if it does not form
be owned by the owner of the tenement.
part of the land/even if it is a nuisance YES PROVIDED it is
incorporated or attached to the land permanently. (if it is True. Art. 415(5) does not expressly require that the
made up of strong materials – permanent; as opposed to machinery must be owned by the one who owned the
those made up of light materials - temporary) land or a building. In the same manner that Art. 415(4)
does not require that the owner of the building is the owner
iv. By purpose or by destination – intent of the owner is
of the painting. But you are saying that in a immobilization
material and not the manner of attachment
by destination or incorporation, the owner of the
(37) A concrete house on rented lot is personal property immovable property must be the owner of the thing
immobilized.
False. if It is made of strong materials, the assumption that
the the adhesive is permanent and therefore it is real If you look at Art. 415(3), by attachment or by
property. Even one is not the owner of the land. incorporation, be it matter that the thing properly
attached to an immovable property is owned by the
(38) A concrete house on rented land may be the object person other than the owner of a movable thing?
of a chattel mortgage
No, it does not matter. It means even if the owner of the
True. By contract, parties may treat the property as building is not the owner of the floor tiles that permanently
personal and such stipulation will be binding among them. attached to the floor in a manner that it cannot be
While it is a real property, SC said that the parties may removed without breaking or deterioration of the ibject or
agree to classify it as personal property for purposes of the thing.
contract - chattel mortgage. The obligations arising from
the contract shall be the law between the contracting Will that floor tiles will immobilized?
parties

Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 4 of 10
Yes, even if the owner of the building is not ht eowner of (46) A portable liquid container may be classified as real
the floor tiles. property under Article 415

But in Art. 415(4), even if the owner of the wall is not the True
owner of the painting, as it was stolen. Can it be
immobilized by purpose or by destination? No.

Why is there a difference between Art. 415 (3) and Art. 415
(4) in the ownership of theing immobilized.

Because in Art. 415(3), you can apply the rules on (47) A St. Peter’s fish in a fishpond may be donated orally.
accession. Under the rules on accession, the accessory will
be acquired by the owner of the principal. Then there is a True. If it is a personal property, it can be done when the
transfer of ownership depending upon bad faith or good value of such property does not exceed PHP 5,000.00
faith. under Art. 748 with delivery, simultaneously. The animal
under Par. 6 of Art. 415 becomes real property if it
So, if the floor tiles was used by the owner of the buildingin connectedly prepared in a animal house.
good faith, the owner of the building will appropriate the
floor tiles but there must be a payment of indemnity. But if Other Samplex:
is a painting that was placed by a thief on his wall, with an
True. The inclusion of the animal in Art 415 (6) as real prop
intention to place it there until the big one comes or until
will arise if the animal is considered as an integral part of
the kingdom comes. Was it immobilized by destination?
the animal house. If the animal is treated separately with
No, you cannot apply accession because the attachment the animal house, it is not classified as real property. So the
is not permanent. The painting must be owned by the taking of a fish from the fish pond is not considered as
owner of the tenement in order to immobilized it by usurpation of the real property, it is qualified theft. So if you
purpose that with intention of attaching it permanency for donate the animal not including the animal house, it is
ornamentation. But if you are not the owner, then you considered as a personal property. Thus, you can donate
cannot possibly do that. it orally.

Otherwise, if Mr. X steals the painting of Dean Ulan in (48) A vintage care placed by Mr. X in his living room as a
Quezon, bring it in alabang with the intention to attched it permanent ornamentation may be subjected to a writ of
permanently on the wall. You cannot apply accession replevin in favor of Y, the True owner
because the owner of the painting is still Dean Ulan. So if
True. The car was not immobilized by destination because
you classify the painting as real property, because of the
the owner of the tenement is not the owner of the car
owner had intended to attach it permanently and then, it
is a real property. (49) Without exception, the strip of land between the high
and low water marks of the sea cannot be registered under
If the tenant place a machine on the land or building that
the Torrens system
where it is held, were the machine will immobilized by
purpose? True. public dominion

It must be placed by the owner of the Building or land. (50) A parcel of land intended for public service, (the
Unless there is a stipulation that there is a transfer of Roppongi lot in Japan) when no longer intended for public
ownership in the lease agreement, it is immobilized under service shall form part of the patrimonial property of the
Art. 415(5) because it was placed by the lessee acting as PHL
an agent of the lessor.
True. In Art. 422. In Laurel v. Garcia, Art. 422 is not self-
The lessee is the agent and the lessor is the principle and executing. There must be an enactment of a law or
the owner of the machine or such property. presidential proclamation.

Par 5 of Art 415 does not expressly require that the one who Other Samplex:
placed the machinery must own the same. What is
important in par 5 is that the one who placed the True. In the case of Laurel vs Garcia, the SC said that Art.
machinery is the owner of the land. But for the owner to 422 does not automatically apply. The suggestion is that
intend the machinery to be part of the real property it there must be an affirmative act from the State as in the
presupposes that he is the owner thereof. So if he rented form of a law by the legislative branch that would reclassify
the machinery or if her borrowed the machinery for the use the property from pubic dominion particularly by
of his industry it cannot be considered as immobilized withdrawing it from public service or public use and
under Art 415 (5) classifying it as patrimonial but substantially Art 422
provides that if the property is no longer for public use, it
(44) A statute may be immobilized by destination under shall form part of the patrimonial property
Paragraph 4 of Art. 415
(51) A parcel of land donated by the national government
False. A statute is a law may not be immobilized. Statute vs to the City of Manila is patrimonial if it is used as pay-
statue parking area. (A health facility acquired and operated by
the City of Manila using funds donated by …. Is patrimonial
(45) A machinery placed by the lessor on rented property
property)
for an industry operated by the lessee is real property
False. The only patrimonial property of the State is the
True
property that is acquired using its patrimonial funds. The
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 5 of 10
provisions of the city code states that ?? properties for (53) The printing machine of a newspaper company
public service owned by the province are patrimonial will installed inside its building is a real property
not govern because we have a different classification in
True
the LGC. We look at the purpose, if it intended for govtal
purposes if it has the characteristics of properties for public (54) A machinery bolted on a platform at the backyard
use/service. The second characteristic of property for (residential lot) of Mr. X is personal property
public dominion..
True

What are the properties of a public dominion owned by


the state? (55) Exceptionally, a municipality may lease a portion of
the town plaza to raise money for charity
(1) Public Use, as accessability to the public.
True. Under the LGC a municipality can close down roads
(2) Public Service, not accessable to anybody but to and lease it to individuals
authorized persons and used to other public purposes
(56) Ownership is elastic
(3) Use in the development of national wealth, for natural
resources. True. It is one of the characteristic of ownership

It is different in the case of Local government Units (LGUs). (57) Ownership may be limited by the nature of the
Under the Civil Code, LGUs for public use and patrimonial. property owned
If it is public service, the classification under the civil code
True
is that these properties of the LGUs remain part patrimonial.
In the case of Zamboangga, the congress enacted the (58) The doctrine of self-help may apply to an immovable
law creating a city and said this school building owned by property
the province and transfer to the city. The province argued
that the school is public service therefore the civil code True
said it is patrimonial. If it is patrimonial then it can be lighted
(59) The doctrine of state of necessity cannot be invoked if
to private property. It cannot be taken without
all the elements for the application of self-help are
compensation. But the supreme court did not apply that
attendant
classification in the civil code and does apply the
classification under the special law justifying by it the rule True
that the if there is a general law in conflict with the special
law, the latter will prevail. So under the law on Municipal (60) Without exception, Article 448 will apply only if both
corporations, the properties of LGUs are classified by Public parties acted in good faith
or patrimonial on the basis of actual use to which the False. It will apply also if the parties are both in bad faith
property is devoted to. So it is a school, it is devoted to a
government function under the law on municipal (61) An owner who does not know the exact metes and
corporation then it si public. It is owned by the province or bounds of his land and therefore encroached on his
city, and such acting only in administration because in neighbor's land, cannot be a builder in good faith
trusth it does not belong to anyone but belongs to
False. Supreme Court Said that Negligence does not
everyone. Therefore, it is under the control of congress.
equate to bad faith
Then congress must have the right or jurisdiction, power
and authority to transfer it from the province and give it to If you do not know the technicality of the exact boundary
the city. of your property and you constructed on the portion of the
property of your neighbor, SC says you can still invoke GF
In the case of Rabuco vs. Villegas, Congress enacted a
law taking a land which is registered under the name of (62) An accretion automatically belongs to the owner of
City of Manila. City of Manila contested the the land adjoining the banks of the river
constitutionality of the law. On the argument that it is
devoted to propretiery purposes because it was leased True. But it does not automatically include in the title to the
out for tenants. The law was passed to subdivide the land property, you still have to register your ownership. The law
and transfer it to the squatters in the area. Supreme Court says without condition, if you are the riparian owner you
said that in this only property acquired by City used by its own the accretion. Otherwise, it can be acquisitive
patrimonial funds that can be classified as patrimonial prescription upon other persons.
property. So, instead of the use to which the property was
(63) There can be co-ownership between X and Y over two
devoted to, the Supreme Court said that What is the
eggs of the same size
source? if it is patrimonial fund? The answer is yes. Then,
congress cannot take it without just compensation. But if Bonus (True)
you did not buy using patrimonial funds, as it was donated
by the state to you, then it is form part for public used and (64) An agreement to subdivide the property terminates
under the control of congress. co-ownership

(52) The aircon unit of Jollibee Baguio is real property Bonus (False. It is the actual partition that terminates the
co-ownership.)
False. It is incidental. Not essential to the business

Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 6 of 10
False. The purpose is not the actual use, so if it is intended
for public use it is or public is even if the mean time it is not
used as such

(65) A co-owner becomes the owner of a parcel of land 40


(70) A possessor of a parcel of land may file an action for
years after he cause the cancelation of the old title in the
forcible entry or unlawful detainer against a party claiming
names of the co-owners and the issuance of a new one in
to be the owner of the same
his name even if he did not tell his co-owners about the
cancellation Bonus (False. The tenant can deprive the possession of the
property even against the lessor. So if the lessor, by FISTS,
Bonus (True. For a co-owner to acquire a property by
will dispossess the tenant. The tenant can file an action for
acquisitive prescription, one of the requisite is that there
forcible entry. For unlawful detainer, it is different, the
must be a renunciation? of the co- ownerhsip which must
possessor has the rightful possession but after it is
be known to the other co-owners. Knowledge of the co-
terminated and he retains possession, it cannot happen.)
owners can be by actual information of by constructive
notice (71) An artificial lake constructed in the property of Mr. X
was destroyed by a magnitude 7 earthquake inundating
SC said that the issuance of a title to one co-owner can be
the land and damaging the plants of his neighbor. Mr. X is
considered as constructive notice to the whole world that
liable for damages because the owner of a property
there is liquidation? of co-ownership)
cannot make use thereof to injure the rights of a third
(66) X and Y caught a monkey-eating eagle in the forest. person
A and Y own the bird in equal shares.
False. In the case decided by the SC, there was liability
False. They cannot own the bird. Impossible. except that here there is a magnitude 7 earthquake, so
apply the rule that in case of fortuitous event, there is no
(67) A government recognition issued to a school liability. Fortuitous Events.
operated by a stock corporation is property
(72) The sperm of Pedro, a bulldog, extracted through
False. It is a license issued by the state. The recognition is manual inducement is a natural fruit
supposed to be a privilege granted by the State, strictly Sir
would not consider it as property True. Natural fruit is the spontaneous products of the soil
and the young or OTHER PRODUCTS OF THE ANIMAL even
However, there is an issuance from the CHED saying that if if by manual intervention. Industrial fruits are limited only to
another party will acquire the school, the recognition the products of the LAND thru cultivation
given by the State to the school shall be included. Before,
government recognition cannot be transferred, not it can What are industrial fruits?
be transferred on the condition that the new owner will
Money, Rents...
acquire the school with the facilities, etc. (should be the
recognition plus the entire school including its operations; (73) Canned sardines from a cannery are fruits
cannot sell separately he recognition and the school).
True. Civil Fruits.
Property in a limited extent as long as it is acquired
together with the school. But the fact that it can be Other Samplex:
acquired by another, makes it a property.
False. Products of manual labor?
(68) Properties of a municipality for public use are under
the control of Congress (74) The compensation paid to X who executed a
mortgage over his land to secure the loan of another
True. Not patrimonial of the municipality. The municipality person is a civil fruit
or the province is holding such property as administrator
for the public or for the State. The control over the property False. That is not the fruit of a lang resulting to juridical
for public use is with the National Congress. That is the relations by contract. The consideration was paid by the
reason why in Zamboanga, the RA of Congress transfers landowner for the debtor. It is a COMPENSATION for the
the properties of the province to the municipalities except RISK undertaken by the owner of the land to secure the
hose which are patrimonial because they cannot do that loan of the other party.
without the payment of compensation. But for properties
(75) Article 448 may apply to an improvement introduced
that are for public use control is lodged with the Congress
by a usufructuary on a parcel of land
so if they will transfer it to the city then the province cannot
do anything about that False. You apply the rules on Usufruct. We do not apply Art.
448 when there is a contractual relation between the
(69) A lot donated by a private corporation to the city of
parties
Manila for the opening a street is patrimonial under the
street is actually constructed (76) The landowner may avail of demolition as a first option
under Article 448
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 7 of 10
True. It is the last option False, If there is no knowledge there is no bad faith.
However, if the seller sells the property knowing that there
is a pending litigation or a case on the said property then
there is bad faith

(83) A planter in bad faith may demand reimbursement for


irrigation expenses

False, Not necessary expense

(77) Without exception, Article 448 applies only when a


person builds, plants or sows on the land of another (84) A builder in bad faith may demand reimbursement for
real property taxes on the land
False. There is an exception, even if the land and the
building used to be owned by only one person True

If by contractual or by lawful processes, the ownership of (85) A planter in bad faith may claim reimbursement for
the land has been separated from the ownership of the litigation expenses against the landowner
building you can still apply by ANALOGY Art 448. In the
False
case where the building is used as a collateral and the
building was acquired by a third party in a public auction, (86) The in pari delicto rule applies to industrial accession
as a result the land belongs to the original owner and the
False, If they are both in bad faith then they are
building belongs to a third party. The purpose of the rules
considered that they both acted in good faith
on accretion is to avoid a case of forced co- ownership
where the accessory is owned by one and the principal is (87) The rule on accretion applies to lakes, non-navigable
owned by another. Both the principal and the accessory rivers and shores
should be owned by only one person, so in that case you
can still apply Art. 448 False

(78) Article 448 cannot apply where a co-owner builds on (88) In no instance will the rule of accretion apply if
a land owned in common sedimentary deposits are accumulated because of
artificial works
False. SC said that we can apply Art. 448 when a co-owner
constructed a land owned in common but after partition False, Art. 457, the accretion must produced by the natural
of the co-ownership, the building encroached upon the movement of current of the river. It cannot be by artificial
share that was given to the other co- owner so that is an work. So if the owner set up a dike in order to accumulate
instance where the principal is owned by one and the sedimentary deposits, the area accumulated to his land
accessory by another. SC said, apply Art. 448 will be owned by the state. It becomes public dominion. It
was not coused under Art. 457. But if the dike was
(79) To avoid unjust enrichment, the builder in Article 448 constructed to preseve the property but an accidental
must pay rent during the period of retention result an accumulation of sendimentary deposit. then you
apply Art. 457 and that is an exception.
False. The builder in GF cannot be forced to pay rent
during the period of retention If the construction were not intended to accumulate
deposits but to preserve the property, then the accretion
(80) In industrial accession, a landowner in bad faith may
is only incidental, thus it is covered by the rules and the
not only lose his property but could even be held liable for
riparian owner can become the owner of the
damages
accumulated deposit. But if the construction/artificial
False. In industrial accession, the land owner cannot lose works was intended to accumulate deposits, then the rule
his property/land, the worst case scenario is for the land will not apply. But when the dike as constructed not for the
owner to pay damages on top of the removal of the purpose of accumulating and the accumulation was only
improvements even if there is destruction. The land cannot incidental to the construction of the dike, we apply the rule
be owned by the builder or the one who introduce the on accretion
improvements
(89) An unknown and hidden deposit of malice?.. is
(81) If the landowner elects to sell the land to the builder, considered as an hidden treasure if the owner does not
the price must be fixed at the market value at the time of appear to it as unkown.
taking or introduction of the improvement of the land
False. Under Art. 439, It is the lawful ownership that does
False. This is not expropriation. Art. 448 is NOT similar to not appear to the owner. there is the big difference. Based
expropriation. In expropriation, the value considered is the upon the circumstance upon the finding of the object.
value at the time of the taking. In Art 448, the value
If you find money in the pages of book iun the library, can
considered is the value at the time of the sale or the
be that classified as a hidden treasure?
payment
No, based on the circumstances of the finding that in the
(82) The buyer who builds on a land after an action for
conclusion that there is no full ownership. Somebody owns
annulment of the sale is a buyer in bad faith regardless of
that. It may left it unintentionally. So your obligation is to
the result of the litigation
look for the owner. If you cannot locate the owner then
you refer to Art. 719, you have to go to the mayor, there is
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 8 of 10
publication and there is 10% finder's fee. After six months if So when the property of public dominion becomes
no one comes to claim it, that is the only one the finder is patrimonial. Under Art. 422 of the Civil Code, there is
the owner by occupation. If you did not comply with the conversion. There must be an act or law or a presidential
requirement of the law, you will be charged by theft. proclamation withdrawing the property from public use or
public service and converting it to patrimonial. Therefore
What do you mean that lawful ownership does not
in the case of Malabanan, they are not qualified to own
appear?
such land under prescription under the Civil Code
There is no indication based on the finding that ownership because there is no showing that such property is
was abandoned or neglected. withdrawn from public use or public service or converted
to patrimonial. Those are the two reasons.
(90) The dominion doctrine limits the ownerships rights over
the surface and everything under the land.

True. Regalian doctrine. Other Samplex questions not include in AY 2017-2018:

(91) to (95) Give Five limitations of Ownership (102) Uprooted trees on segregated land should be
claimed within six months
(91) Imposed by the owner himself
False, Must be 2 years because they are still lying on
(92) Imposed by the nature of the property segregated land BUT if the uprooted trees were washed
upon the land of another, you apply the 6 month claim
(93) Imposed by law.
(103) The rule on natural change in the course of a river
(94) Imposed by the inherent powers of the state.
does not apply to navigable rivers
(95) Imposed by the rights of others
False, applies to navigable and non-navigable rivers
(96) to (101) Six characteristics of the property of public
(104) Islands formed through alluvion on rivers and lakes
dominion
belong to the state
(96) It is alienable
False, Rivers, distinguish between navigable and non-
(97) It cannot be burdened by easement navigable rivers. If the statement is a general one, it is
FALSE
(98) It cannot be acquired through inquisitive prescription.
(105) Plumbatura is the adjunction of the same metals
(99) It cannot be registered under the Torrens system.
False. It is the adjunction of different metals
(100) It is not subject to attachment or execution.
(106) Gold, united by soldering to platinum, is the principal
(101) Outside the commerce of man
False. Platinum is more valuable/expensive
Mini Quiz (+10 and +20 for Quiz #3)
(107) Tejido shall be governed by the rules on co-
(During Classroom discussion before checking Quiz#3) ownership

Question: Modified facts of Heirs of Malabanan v. Republic False. In weaving we do not apply the rules on mixture, we
apply the rules on adjunction
Answer:
(108) In adjunction involving three or more things
Pursuant to the provisions of the Public Land Act. Under CA
belonging to different owners, there could be two principal
141, agriculatural lands can be disposed of homestead
things
patents, by sale, by grant and by Judicial Conformation
of a perfect title. And the last one, in relation to Sec. 48 of False. There is only one principal, all the others are
CA 141, the requirements is for the applicant or by himself accessories
or through his predecessors-in-interest, to have been in
possession or occupation of the agricultural land since (109) The owner of a diamond set on a ring may remove
June 12, 1945 or 30 years, without proof that the the same even if the ring may suffer some injury
predecessors of Malabanan is in possession of the public
True. Even if we presume GF on the part of both parties, if
land as of June 12, 1945. Well, in fact with that case, they
the accessory is more precious than the principal then it
came to in possession in sometime in the 80's. So that for,
can be removed even if there is injury but not if there is
they are not not qualified to register the property under PD
destruction
1529, Sec. 14(1).
(110) Sentimental value is not relevant in industrial
But other than the agricultural land because that in the
accession involving inherited land
constitution. Public lands are classified into four. These are
(1) Agricultural land; (2) Forest or Timber Land; (3) Mineral False. The sentimental value in Art 475 will only apply to
Land; and (4) National Parks. Only agricultural properties personal property and not to land. In determining moral
can be alienated. But there are also other properties of the damages, you can also include sentimental value of the
State that are acquired by individuals through prescription real property but not for the purpose of determining or
under the Civil Code. These are the properties that are applying the rules on accession.
classified as patrimonial.

Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 9 of 10
(111) A fictitious contract of sale, sale by an agent without
authority, and a voidable contract of sale are examples of
cloud over title to property

True

(112) All co-owners must agree to bring an action for


ejectment

False, any one of them can do so

(113) A co-owner may demand at any time the partition of


the property owned in common

True

Civil law Review 1 Mini Quiz during Recitation and Quiz # 3 Page 10 of 10