LAW and LAND
How is property classified based on mobility?
Property is classified as movable or immovable.
How is property classified based on ownership?
Property in relation to ownership is classified into either property of public dominion or private ownership.
Can a co-owner sell the entire property owned in common without the consent of all the other co-owners? Why or why not?
No, while a co-owner has the right to alienate his pro indiviso share in the co-owned property even without the consent of the other co-owners, as mere part owner, he cannot alienate the share of the other co-owners. Nemo dat quod non habet. No one can give what he does not have.
What is legal redemption?
The Civil Code defined legal redemption as the right to be subrogated, upon the same terms and conditions stipulated in the contract , in the place of one who acquires a thing by purchase or dation in payment , or by any other transaction whereby ownership is transmitted by onerous title. (Article 1619, Civil Code)
What is an action to quiet title?
Quieting of title is an action brought to remove any cloud on a title to real property or any interest therein. The cloud or doubt is caused by any instrument, record, claim, encumbrance, or proceeding which appears to be valid or effective. However, in truth and in fact, the same is invalid, ineffective, voidable or unenforceable, and may be prejudicial to the title to real property. Quieting of title may be brought as a preventive remedy to prevent a cloud from being cast upon title to real property or any interest therein. (Art. 476, Civil Code).
There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated or has been barred by extinctive prescription. (Art. 478, Civil Code)
Multiple Choice.
O, , owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures at the adjoining vacant Lot B belonging to spouses X and Y, excavated in Lot B where she succeeded in unearthing gold and precious stones. How will the treasures found by O be divided?
A. 100% to O as finder
B. 50% to O and 50% to the spouses X and Y
C. 50% to O and 50% to the state
D. None of the above
D. None of the above. The general rule is that the treasure shall belong to the spouses X and Y, the owners of Lot B. Under Article 438 (NCC), the exception is that when the discovery of a hidden treasure is made on the property of another and by chance, one-half thereof shall belong to the owner of the land and the other half is allowed to the finder. In the problem, the finding of the treasure was not by chance because O knew that the treasure was in Lot B. While a trespasser is also not entitled to any share, and there is no indication in the problem whether or not O was a trespasser, O is not entitled to a share because the finding was not "by chance".
Raul, Ester, and Rufus inherited a 10 hectare land from their father. Before the land could be partitioned, however, Raul sold his hereditary right to Raffy, a stranger to the family, for P5million. Do Ester and Rufus have a remedy for keeping the land within their family?
A. Yes, they may be subrogated to Raffy's right to reimbursing to him within the required time what he paid Raul.
B. Yes, they may be subrogated to Raffy's right provided they buy him out before he registers the sale.
C. No, they can be subrogated to Raffy's right only with his conformity.
D. No, since there was no impediment to Raul selling his inheritance to a stranger.
A. Yes, they may be subrogated to Raffy's right to reimbursing to him within the required time what he paid Raul.
Which of the following statements is wrong?
A. The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received.
B. The possessor in bad faith has right of reimbursement for necessary expenses and those for the production, gathering and preservation of the fruits.
C. The possessor in bad faith is not entitled to a refund of ornamental expenses.
D. The possessor in bad faith is entitled to a refund of useful expenses.
D. The possessor in bad faith is entitled to a refund of useful expenses.
X, the owner, constituted a 10 year usufruct on his land as well as on the building standing on it in Y's favor. After flood totally destroyed the building 5 years later, X told Y that an act of God terminated the usufruct and that he should vacate the land. Is X, the owner of the land, correct?
A. No, since the building was destroyed through no fault of Y.
B. No, since Y still has the right to use the land and the materials left on it.
C. Yes, since Y cannot use the land without the building.
D. Yes, since the destruction of the building without X's fault terminated the usufruct.
B. No, since Y still has the right to use the land and the materials left on it.
Which of the following is an indispensable requirement in an action for "quieting of title" involving real property? The plaintiff must ___
A. be in actual possession of the property
B. be the registered owner of the property
C. have legal or equitable title to the property
D. be the beneficial owner of the property
C. have legal or equitable title to the property
The owner of a thing cannot use it in a way that will injure the right of a third person. Thus, every building or land is subject to the easement which prohibits its proprietor or possessor from committing nuisance like noise, jarring, offensive odor, and smoke. This principle is known as ______
A. Jus vindicandi
B. Sic utere tuo alienum non laedas
C. Jus dispondendi
D. Jus abutendi
B. Sic utere tuo alienum non laedas
A and B are owners of a party wall. Suppose A makes an opening on the party wall in 1991, within what period should B close the same?
A. B must close it within the period of 3 years from the opening of the window.
B. B must close it within the period of 5 years from the opening of the window.
C. B must close it within the period of 10 years from the opening of the window.
D. B must close it within the period of 15 years from the opening of the window.
C. B must close it within the period of 10 years from the opening of the window. Under the law, the period of prescription for the acquisition of an easement of light and view shall be counted from the time of the opening of the window, if it is through a party wall. (Art. 668, NCC)
A. A donation may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected.
B. Donations cannot comprehend future property, that is, anything which the donor cannot dispose of at the time of the donation.
C. The ownership of property may not be donated to one person and the usufruct to another or to others even if all the donees are living at the time of the donation.
D. No person may give or received, by way of donation, more than he may give or receive by will. The donation shall be inofficious in all that it may exceed such limitation.
C. The ownership of property may not be donated to one person and the usufruct to another or to others even if all the donees are living at the time of the donation. This is contrary to Art. 756, Civil Code
A _________ is the transfer of a known portion of land from one estate to another by the force of the current of the river.
Avulsion
In good faith, Pedro constructed a five-door commercial building on the land of Pablo who was also in good faith. When Pablo discovered the construction, he opted to appropriate the building by paying Pedro the cost thereof. However, Pedro insists that he should be paid the current market value of the building, which was much higher because of inflation. Who is correct Pedro or Pablo?
A. Pablo is correct because the builder in good faith is only entitled to a refund of the necessary and useful expenses incurred by him.
B. Pedro because Pablo would be unjustly enriched by reason of the high market value of the improvement of he made to the land of Pablo.
C. Both of them are correct as they both have legal basis of their arguments. Hence, they must have equal sharing as of the market value of the building at the time of appropriation.
Pablo is correct. Under Article 448 of the New Civil Code in relation to Article 546, the builder in good faith is entitled to a refund of the necessary and useful expenses incurred by him, or the increase in value which the land may have acquired by reason of the improvement, at the option of the landowner. The builder is entitled to a refund of the expenses he incurred, and not to the market value of the improvement.
Mike built a house on his lot in Pasay City. Two years later, a survey disclosed that a portion of the building actually stood on the neighboring land of Jose, to the extent of 40 square meters. Jose claims that Mike is a builder in bad faith because he should know the boundaries of his lot, and demands that the portion of the house which encroached on his land should be destroyed or removed. Mike replies that he is a builder in good faith and offers to buy the land occupied by the building instead. Is Mike a builder in good faith or bad faith? Why?
Mike is a builder in good faith. There is no showing that when he built his house, he knew that a portion thereof encroached on Jose' s lot. Unless one is versed in the science of surveying, he cannot determine the precise boundaries or location of his property by merely examining his title. In the absence of proof to the contrary, the law presumes that the encroachment was done in good faith. (Technogas Phils, vs CA, GR No. 108894)
It is the process by virtue of which two movable things belonging to different owners are united in such a way that they form a single object.
Adjunction, Article 466.
Does an action for partition prescribe?
No, pursuant to Article 494 of the New Civil Code, no co-owner shall be obliged to remain in the co-ownership. Such co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. In Budlong vs. Pondoc, the Supreme Court has interpreted said provision of law to mean that an action for partition is imprescriptible. It cannot be barred by prescription. Article 494 of the Civil Code also explicitly declares that no prescription shall lie in favor of a co-owner or co-heirs as long as he expressly or impliedly recognizes the co-ownership.
If the real property in which the easement exists is sold, can the vendee close the servitude? Why?
No, he does not acquire the right to close the servitude or put up obstruction thereon to prevent the public from using it. (Solid Manila Corp. vs Bio Hong Trading Co., Inc., 195 SCRA 748)
The following are remedies against a public nuisance except for one:
A. File a complaint under the Penal Code or any local ordinance
B. File a civil action
C. Abatement, without judicial proceedings
D. Post in any social media the public nuisance
D. Post in any social media the public nuisance
A summary ejectment proceeding which may either for forcible entry or unlawful detainer, for the recovery of physical or material possession (possession de facto) where the dispossession has not lasted for more than one year.
A. Accion publiciana
B. Accion reinvindicatoria
C. Accion interdictal
D. Quieting of Title
C. Accion interdictal
Who can make a donation?
A. All persons who can enter into contracts and dispose of their property.
B. All persons who are of legal age and suffer from no civil interdiction.
C. All persons who can make a last will and testament.
D. All persons, whether natural or artificial, who own property.
A. All persons who can enter into contracts and dispose of their property.
Is a plenary action to recover the better right of possession (possession de jure), which should be brought in the proper inferior court or Regional Trial Court, depending on the value of the property, when the dispossession has lasted for more than one (1) year.
A. Accion publiciana
B. Accion reinvindicatoria
C. Accion interdictal
D. Quieting of Title
A. Accion publiciana
It is defined as an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner, or for the benefit of a community, or of one or more persons to whom the encumbered estate does not belong.
Servitude
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.
A. No, the residents have not been in continuous possession of the land since they merely passed through it in going to the highway.