CIVREV 1 Quiz#3
(1) A woman who cannot perform her obligation as a wife
because she lives in the world of lies is psychological
incapacitated.
True. There is psychological incapacity in caseof a woman
who lives a lie at the start of marriage.She had to write to
herself, she had to invent personal circumstances and it
affected the performance of her marital obligations.
Antonio v. Reyes held that she is incapacitated.
(2) A marriage between first cousins is void for being
incestuous.
False. It is a void marriage for being contrary to Public
Policy under Art. 38(1) of Family code.
(3) The marriage of the Filipina and an American in the
Philippines facilitated by a mail order bride operator is
valid.
True. The operation of a business like this is prohibited by
law, it will not affect the validity of the marriage as long as
you have all the elements of a valid marriage.
(4) A policeman who killed X, a drug pusher, on their first
encounter, can validly marry the widow of X.
True. It is not covered by Art. 38(9). The killing was not for
the purpose of marrying the widow of X.
(5) The Accused in the pending bigamy case may be
benefited by the declaration of nullity of his previous
marriage.
False. Based on the Ruling of Mercado v. Tan, if a man for
the instance marry without the judicial declaration of his
first marriage, he can be charged with bigamy. Whether
or not the first marriage is valid, it does not make any
difference because, according to the Supreme Court, you
cannot decide by yourself the nullity of your marriage that
is why it is said that art. 40 which requires the judicial
declaration of nullity of a void marriage, it is intended
among others to insulate the party from charges of
bigamy. According to them, that is the acceptable
defense that the first marriage must have such judicial
declaration. If it was the subsequent marriage is being
questioned, then, it is different. Unless of course the
accused in the bigamy case unless the accused is the one
who give the ground for the nullity of the subsequent
marriage. In which case, he cannot benefited by that.
Unlike there is a pending bigamy case and then a civil
case in an action for annulment on the ground that a man
who the accused in the bigamy case used for.... to
compel the woman to agreeing into a subsequent
marriage. That would not be allowed.
Other samplex:
False. While Jurisprudence states that the nullity of a
previous marriage will nbot allow a party thereto to
contract another subsequent marraige without a judicial
declaration of nullity of the previous one. SC said if he or
she gets married agains, he or she is risking a prosecutio for
Bigamy. But, Exceptionally, in the case of People v. Morigo,
where the marriage was annulled or declared void from
the beginning. The SC acquitted the accused but the
acquittal was not really based on the fact that there is a
previous declaration of nullity but on the natue of....
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3
SC in Morigo case distinguished that case frim Sarciano v.
Tan in the sense that in Morigo: there is no ceremony and
that there is no marriage to begin with although the SC
said you cannot determine for yourself the nullity of the
marriage no matter whether or not void or voidable.
(6) A valid Bigamous Marriage shall be automatically
terminated upon the reappearance of the spouse.
False. The spouse, who was declared presumptively dead,
must have an affidavit of reappearance.
But is it still possible to have a valid bigamous marriage?
Yes.
Other samplex:
An exception to Art. 35(4) is Art. 41 where the spouse is
missing he/she will be declared presumptively dead by
summary judicial action and therefore the subsequent
marriage will not be considered as bigamous because of
the rpesumptive death of the other one, the absent
spouse. But if the absent spouse turned out to be alive,
then the 1st marriage was not dissolve by the death of the
spouse so you will have 2 marriages. While the subsequent
marriage is bigamous, it is exempted from Art. 35(4). This is
case of valid, although bigamous marriage. But you
cannot hve the best of both worlds, according to the law,
so the 2nd marriage will be terminated even if it is valid. It
will be terminated not upon the reappearance of the
absent spouse but ipon the filing of the affidavit of
reappearance.
(7) Pregnancy of the wife before the marriage by a man
other than the husband is a valid ground for annulment of
marriage.
False. Without Concealment, there is no fraud to annul the
marriage.
(8) Fraudulent misrepresentation of a man regarding his
salary maybe a ground for annulment.
False. The enumeration of Art. 45 is exclusive and so with
the instances set forth in Art. 46.
(9) The ground for annulment of marriage is exclusive to
those specified by law.
True.
(10) A woman abandoned by the husband since 1995 may
marry without the judicial declaration of presumptive
death.
False. It should have a judicial declaration.
General rule under the New Civil Code, the 7 year
absence for all intents and purposes will give to the
presumption that the missing spuse is dead But since the
Family Code is a special law, the requirement for judicial
declaration of presumptive death will have to be applied
regardless of the number of the years even if it is 10 or 20
years. You still have to comply with the Family Code.
(11) The nullity of the subsequent marriage because of
psychological incapacity is prejudicial question in a
bigamy case.
False.
Page 1 of 10

(12) The rules of triennial cohabitation is absolute.
False. It is only or merely a presumption.
(13) Impotency may be relative
True. Some partners, there is incapacity. But to others, there
may not.
What is Impotency? It is an incapacity of a man to
copulate or to have sexual intercourse.
(14) A man who can have only have an erection by
drinking “makahiya” is impotent
False. The point is if there is a remedy like drinking or
extraction for the man to have an erection, is he an
impotent for the purposes applying art. 45?
No, because there is a remedy
but supposed it faints by just touched like a makahiya
plant, does the man considered to be impotent for
purposes of art. 45?
Yes, because there is an physical incapacity to copulate.
(15) In a marriage that is voidable for lack of parental
consent, the mother of the 23- year old husband may seek
the annulment of the marriage
False. But it is mentioned that the marriage is a voidable
marriage. Therefore, there was no parental consent that is
required by the law.
Who can file the action for this case?
It could be the party or it could be the parent. But the
parent may do only before the child reached the age of
21. The parent of the 23 year old child cannot file the
petition.
(16) The insane spouse may seek the annulment of her
marriage to another insane person
True. May, during a lucid interval
(17) One single slap to the face can be a ground for legal
separation
True. Because art. 55(1) refers to repeated acts of physical
violence. But when such One single slap be a ground for
legal separation?
When one slap is intended against the life of the woman.
(18) The insistence of the husband to have dog-style sex
every other day can be a ground for legal separation
True. The rule depends upon the one talking. If it is sexual
perversion, we have to respect that. However, if we
considered common standards, it likely to much to have
like that every other day. That would be 150+ times in a
year and might be sexual perversion.
(19) Continued support given by the aggrieved husband
to the adulterous wife is considered as condonation.
True.
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3
(20) Recrimination must refer to a common ground for
legal separation
False. You can apply mutual guilt even in different grounds
(21) A legal separation decree does not become final
False. Procedurally, it does become final
(22) The wife may revert to her maiden name after the
decree of legal separation
False. Because the marriage was not severed
Supposed that it is a decree of annulment, is there an
option on the part of the woman to change her name?
Yes, provided that the wife is the innocent spouse and
provided further that the ex-husband will not prevail..
(23) The reconciling spouses may adopt a property regime
different from what they had prior to the legal separation
False. the family code seeks not to allow the adoption of
different property regime but in art. 67, allows the revival
of the previous property regime and the family code
provides that if there is a stipulation that the property
regime will commence at the time other than the decise
moment of the marriage, that stipulation will be void.
However the Supreme Court ruled that rules expressly
allows the spouses to adopt a new or different property
regime. Substantial or substantive law seems to be
prohibitive but the procedural law allows it. Say that you
have to choose only one, substantive. But if it is asked in
the bar exam, you mentioned both.
Other Samplex:
BONUS. The FC refers to the revival of the previous property
regime meaning they have to go back to what they had
prior to the legal separation. BUT the SC in its CIRCULAR,
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
if the spouses will agree on the prop regime it must begin
at the precise moment of marriage. An agreement of a
property regime to begin in the future is VOID. On the basis
of SUBSTANTIVE LAW, it is NOT possible. But if considering
the SC circular, it may happen. Atty. Delson (personally, I
would prefer substantive law)
(24) Drug addiction or habitual alcoholism of the petitioner
is a valid ground for legal separation
False. It is the respondent. In legal separation, only the
innocent spouse may file. With the exception, guardian for
the insane persons. But the rule is we apply the free hands
doctrine. We do not apply to actual judicial declaration of
nullity under art. 36 on Psychological incapacity.
(25) A lesbian may not petition for legal separation against
her gay husband whom she caught having sex with their
driver.
False. Does it mean that if the spouses are homosexual,
they can no longer fila an action from legal separation?
No, even if the man is homosexual but after finding True
love he forgot about his homosexual ways it would be
unfair.
Page 2 of 10
(26) After legal separation the custody of the 6 years old
child shall be awarded to the innocent husband
False. Exceptionally for a child below 7, the law states that
the child must be in the custody of the mother UNLESS it
can be shown that the mother is unfit. Tender age
doctrine.
(27) The offended spouse in an action for annulment shall
be disqualify in inheriting from the innocent spouse by
intestate or testate succession.
True. In the case of legal separation, the provision which
provides that the will shall be revoked by operation of law
does not foreclose the possibility of
How about the innocent spouse, he/she may inherent?
Are there any instances that the former spouse may inherit
from intestate succession of ex-spouse?
Yes, if they are relatives.
(28) A void marriage under Art. 40 of the FC shall be
governed by the regime of absolute community of
property in the absent of contract stipulation.
True.
What is the property regime of a party in the Void
marriage?
Co-ownership under Art. 147 and Art. 148
When will be there in Art. 147?
Cause of Nullity is not present of legal impediment
otherwise it is Art. 148.
What Void Marriage that governed by Absolute
community?
Art. 50, a Void marriage under art. 40 will be governed by
Art. 43. Art. 43 is governed by the general rule.
What are the consequences that you have in Art. 43
(2) the liquidation or distribution of a conjugal property
(29) A void marriage under Art. 36 of the FC shall be
governed by Art 148 of the same code.
False. Governed by Art. 147. Art. 36 Psycho incapacity is
not a legal impediment to a marriage
(30) In the event of adverse judgement in a petition for
legal separation, the wife may appeal or file an Motion for
reconsidered within 15 days from the receipt of the
decision.
False. She must file a motion for reconsideration which is
mandatory requirement for appeal. Wife cannot appeal
outright. MR first before one can file for appeal. Cannot
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
Other samplex:
True, There is an apparent inconsistency between Art 43
and Art 86 because in Art 86 it made donation propter
nuptias revocable by court action. In Art. 43, it is supposed
to be revoked by operation of law.
(32) The petition for legal separation may be filed in the
family courts of the province or city where the marriage
was celebrated.
False. It is at the option of the petitioner. It must be in the
where either party resides (determinant of the venue of
the action – Rules of Court)
(33) The respondent in a legal separation case may admit
the fact that he verbally abused the petitioner when
encounter at the 5th anniversary of the wedding
True. That is not prohibited. It is one of the admissions may
make in the mandatory pre-trial conference.
(34) In all cases, sexual intercourse is an implied
condonation which my be a defense in a case for legal
separation
False. Only voluntary sexual intercourse may be
considered as condonation.
Other Samplex:
FALSE. Not in all cases, because sexual intercourse can be
forced. If it is forced upon the woman, that is not
condonation. There is a diff bet sexual intercourse and
F*CK. F*CK (“for unlawful carnal knowledge”) refers to
adulterous sexual relations, if with the wife, it is not f*cking
but love/romance
(35) The decree of legal separation must be published
once in a newspaper of general circulation if the
whereabouts of the respondents are unknown
True. It must be required by the rules.
Other Samplex:
False. Why service of summons may, if the party or the
respondents is not in the place of is last residence, he
cannot be located or if his whereabouts are unknown, the
publication or the requirement of publication of the
decree will apply only when service of summons was done
by publication
If at the start of the proceedings, you know where the
respondent is but thereafter he went missing is there a
need for you to publish the decree of legal separation?
NO, if you have acquired the jurisdiction over the person
by means of service of summons, then there is no need to
publish the decree. It is only in the case where the
summons is served thru publication that the decree of
legal separation must also be published.
Page 3 of 10
(36) X purchased the very old Spanish house he was
renting from a friend with the intention of demolishing it
once he receives his retirement pay or 2 years from the
sale and construct his dream house thereon. The building
is personal property.
False. Building is a real property under Paragraph 1 of Art.
415. It is permanently rotted or attached at the ground.
With the intention of demolish will not change the nature
or classification of such property. In the old case said that
if the buyer did demolished it upon purchase then he is
interested only to the materials. it can be classified as
personal property that is very exceptional because when
you classify a building. It is by incorporation. Intent will not
determine the classification of the real property by
incorporation. Before consideration, it is the attachment of
the property. The building here is not personal property it is
real property.
Remember the classification of real property under Art.
415:
i. By nature – those which cannot be moved from place to
place (ex. Land while it is forming part of the earth; land
on a dump truck cases to be land which is immovable by
nature and becomes a personal property but if you put it
back to form part of the greater mass of the earth it reverts
back to an immovable by nature)
ii. By designation –
iii. By incorporation – things which can be moved from
place to place but they are immobilized by incorporation;
so it is the attachment to the ground/ immovable that
determines the classification of the property (permanent
or superficial) if permanent, it becomes real property
without any other consideration even if it does not form
part of the land/even if it is a nuisance YES PROVIDED it is
incorporated or attached to the land permanently. (if it is
made up of strong materials – permanent; as opposed to
those made up of light materials - temporary)
iv. By purpose or by destination – intent of the owner is
material and not the manner of attachment
(37) A concrete house on rented lot is personal property
False. if It is made of strong materials, the assumption that
the the adhesive is permanent and therefore it is real
property. Even one is not the owner of the land.
(38) A concrete house on rented land may be the object
of a chattel mortgage
True. By contract, parties may treat the property as
personal and such stipulation will be binding among them.
While it is a real property, SC said that the parties may
agree to classify it as personal property for purposes of
contract - chattel mortgage. The obligations arising from
the contract shall be the law between the contracting
parties
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3
(39) The house in #38 mentioned above may be auctioned
as chattel mortgage
False. The classification of the house into a personal
property is binding between the contracting parties as
against the public or third parties, the buildings will be real
property. Therefore, auction sales as may be necessary
involve 3rd parties shall comply with the requirements of a
real properties.
The SC said however that the classification of the parties of
a house as a personalty will only be valid between them, if
it will affect public or third parties, it is still real property. So
the procedure governing the foreclosure, auction or sale
of the property shall be that of a real property.
(40) A house built in the middle of the street is not a real
property
False. Manner of incorporation.
(41) A cash register of a restaurant is a real property
False. Remember the elements for a machinery to be
immobilized under par 5 of Art 415. One requirement is that
the machinery should cater directly to the needs of the
industry or business, meaning that it must be essential to
the operations of the industry and not merely an
accessory. Essential meaning, that the work or industry
cannot be operated without such machinery. If the
industry can be operated even without the machinery
then it is not essential
(42) The beds of the hospital is personal property
False. It is essential.
(43) The machinery to be immobilized by destination may
be owned by the owner of the tenement.
True. Art. 415(5) does not expressly require that the
machinery must be owned by the one who owned the
land or a building. In the same manner that Art. 415(4)
does not require that the owner of the building is the owner
of the painting. But you are saying that in a immobilization
by destination or incorporation, the owner of the
immovable property must be the owner of the thing
immobilized.
If you look at Art. 415(3), by attachment or by
incorporation, be it matter that the thing properly
attached to an immovable property is owned by the
person other than the owner of a movable thing?
No, it does not matter. It means even if the owner of the
building is not the owner of the floor tiles that permanently
attached to the floor in a manner that it cannot be
removed without breaking or deterioration of the ibject or
the thing.
Will that floor tiles will immobilized?
Page 4 of 10
Yes, even if the owner of the building is not ht eowner of
the floor tiles.
But in Art. 415(4), even if the owner of the wall is not the
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
accession. Under the rules on accession, the accessory will
be acquired by the owner of the principal. Then there is a
transfer of ownership depending upon bad faith or good
faith.
So, if the floor tiles was used by the owner of the buildingin
good faith, the owner of the building will appropriate the
floor tiles but there must be a payment of indemnity. But if
is a painting that was placed by a thief on his wall, with an
intention to place it there until the big one comes or until
the kingdom comes. Was it immobilized by destination?
No, you cannot apply accession because the attachment
is not permanent. The painting must be owned by the
owner of the tenement in order to immobilized it by
purpose that with intention of attaching it permanency for
ornamentation. But if you are not the owner, then you
cannot possibly do that.
Otherwise, if Mr. X steals the painting of Dean Ulan in
Quezon, bring it in alabang with the intention to attched it
permanently on the wall. You cannot apply accession
because the owner of the painting is still Dean Ulan. So if
you classify the painting as real property, because of the
owner had intended to attach it permanently and then, it
is a real property.
If the tenant place a machine on the land or building that
where it is held, were the machine will immobilized by
purpose?
It must be placed by the owner of the Building or land.
Unless there is a stipulation that there is a transfer of
ownership in the lease agreement, it is immobilized under
Art. 415(5) because it was placed by the lessee acting as
an agent of the lessor.
The lessee is the agent and the lessor is the principle and
the owner of the machine or such property.
Par 5 of Art 415 does not expressly require that the one who
placed the machinery must own the same. What is
important in par 5 is that the one who placed the
machinery is the owner of the land. But for the owner to
intend the machinery to be part of the real property it
presupposes that he is the owner thereof. So if he rented
the machinery or if her borrowed the machinery for the use
of his industry it cannot be considered as immobilized
under Art 415 (5)
(44) A statute may be immobilized by destination under
Paragraph 4 of Art. 415
False. A statute is a law may not be immobilized. Statute vs
statue
(45) A machinery placed by the lessor on rented property
for an industry operated by the lessee is real property
True
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3
(46) A portable liquid container may be classified as real
property under Article 415
True
(47) A St. Peter’s fish in a fishpond may be donated orally.
True. If it is a personal property, it can be done when the
value of such property does not exceed PHP 5,000.00
under Art. 748 with delivery, simultaneously. The animal
under Par. 6 of Art. 415 becomes real property if it
connectedly prepared in a animal house.
Other Samplex:
True. The inclusion of the animal in Art 415 (6) as real prop
will arise if the animal is considered as an integral part of
the animal house. If the animal is treated separately with
the animal house, it is not classified as real property. So the
taking of a fish from the fish pond is not considered as
usurpation of the real property, it is qualified theft. So if you
donate the animal not including the animal house, it is
considered as a personal property. Thus, you can donate
it orally.
(48) A vintage care placed by Mr. X in his living room as a
permanent ornamentation may be subjected to a writ of
replevin in favor of Y, the True owner
True. The car was not immobilized by destination because
the owner of the tenement is not the owner of the car
(49) Without exception, the strip of land between the high
and low water marks of the sea cannot be registered under
the Torrens system
True. public dominion
(50) A parcel of land intended for public service, (the
Roppongi lot in Japan) when no longer intended for public
service shall form part of the patrimonial property of the
PHL
True. In Art. 422. In Laurel v. Garcia, Art. 422 is not self-
executing. There must be an enactment of a law or
presidential proclamation.
Other Samplex:
True. In the case of Laurel vs Garcia, the SC said that Art.
422 does not automatically apply. The suggestion is that
there must be an affirmative act from the State as in the
form of a law by the legislative branch that would reclassify
the property from pubic dominion particularly by
withdrawing it from public service or public use and
classifying it as patrimonial but substantially Art 422
provides that if the property is no longer for public use, it
shall form part of the patrimonial property
(51) A parcel of land donated by the national government
to the City of Manila is patrimonial if it is used as pay-
parking area. (A health facility acquired and operated by
the City of Manila using funds donated by …. Is patrimonial
property)
False. The only patrimonial property of the State is the
property that is acquired using its patrimonial funds. The
Page 5 of 10
provisions of the city code states that ?? properties for
public service owned by the province are patrimonial will
not govern because we have a different classification in
the LGC. We look at the purpose, if it intended for govtal
purposes if it has the characteristics of properties for public
use/service. The second characteristic of property for
public dominion..
What are the properties of a public dominion owned by
the state?
(1) Public Use, as accessability to the public.
(2) Public Service, not accessable to anybody but to
authorized persons and used to other public purposes
(3) Use in the development of national wealth, for natural
resources.
It is different in the case of Local government Units (LGUs).
Under the Civil Code, LGUs for public use and patrimonial.
If it is public service, the classification under the civil code
is that these properties of the LGUs remain part patrimonial.
In the case of Zamboangga, the congress enacted the
law creating a city and said this school building owned by
the province and transfer to the city. The province argued
that the school is public service therefore the civil code
said it is patrimonial. If it is patrimonial then it can be lighted
to private property. It cannot be taken without
compensation. But the supreme court did not apply that
classification in the civil code and does apply the
classification under the special law justifying by it the rule
that the if there is a general law in conflict with the special
law, the latter will prevail. So under the law on Municipal
corporations, the properties of LGUs are classified by Public
or patrimonial on the basis of actual use to which the
property is devoted to. So it is a school, it is devoted to a
government function under the law on municipal
corporation then it si public. It is owned by the province or
city, and such acting only in administration because in
trusth it does not belong to anyone but belongs to
everyone. Therefore, it is under the control of congress.
Then congress must have the right or jurisdiction, power
and authority to transfer it from the province and give it to
the city.
In the case of Rabuco vs. Villegas, Congress enacted a
law taking a land which is registered under the name of
City of Manila. City of Manila contested the
constitutionality of the law. On the argument that it is
devoted to propretiery purposes because it was leased
out for tenants. The law was passed to subdivide the land
and transfer it to the squatters in the area. Supreme Court
said that in this only property acquired by City used by its
patrimonial funds that can be classified as patrimonial
property. So, instead of the use to which the property was
devoted to, the Supreme Court said that What is the
source? if it is patrimonial fund? The answer is yes. Then,
congress cannot take it without just compensation. But if
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
under the control of congress.
(52) The aircon unit of Jollibee Baguio is real property
False. It is incidental. Not essential to the business
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3
(53) The printing machine of a newspaper company
installed inside its building is a real property
True
(54) A machinery bolted on a platform at the backyard
(residential lot) of Mr. X is personal property
True
(55) Exceptionally, a municipality may lease a portion of
the town plaza to raise money for charity
True. Under the LGC a municipality can close down roads
and lease it to individuals
(56) Ownership is elastic
True. It is one of the characteristic of ownership
(57) Ownership may be limited by the nature of the
property owned
True
(58) The doctrine of self-help may apply to an immovable
property
True
(59) The doctrine of state of necessity cannot be invoked if
all the elements for the application of self-help are
attendant
True
(60) Without exception, Article 448 will apply only if both
parties acted in good faith
False. It will apply also if the parties are both in bad faith
(61) An owner who does not know the exact metes and
bounds of his land and therefore encroached on his
neighbor's land, cannot be a builder in good faith
False. Supreme Court Said that Negligence does not
equate to bad faith
If you do not know the technicality of the exact boundary
of your property and you constructed on the portion of the
property of your neighbor, SC says you can still invoke GF
(62) An accretion automatically belongs to the owner of
the land adjoining the banks of the river
True. But it does not automatically include in the title to the
property, you still have to register your ownership. The law
says without condition, if you are the riparian owner you
own the accretion. Otherwise, it can be acquisitive
prescription upon other persons.
(63) There can be co-ownership between X and Y over two
eggs of the same size
Bonus (True)
(64) An agreement to subdivide the property terminates
co-ownership
Bonus (False. It is the actual partition that terminates the
co-ownership.)
Page 6 of 10

(65) A co-owner becomes the owner of a parcel of land 40
years after he cause the cancelation of the old title in the
names of the co-owners and the issuance of a new one in
his name even if he did not tell his co-owners about the
cancellation
Bonus (True. For a co-owner to acquire a property by
acquisitive prescription, one of the requisite is that there
must be a renunciation? of the co- ownerhsip which must
be known to the other co-owners. Knowledge of the co-
owners can be by actual information of by constructive
notice
SC said that the issuance of a title to one co-owner can be
considered as constructive notice to the whole world that
there is liquidation? of co-ownership)
(66) X and Y caught a monkey-eating eagle in the forest.
A and Y own the bird in equal shares.
False. They cannot own the bird. Impossible.
(67) A government recognition issued to a school
operated by a stock corporation is property
False. It is a license issued by the state. The recognition is
supposed to be a privilege granted by the State, strictly Sir
would not consider it as property
However, there is an issuance from the CHED saying that if
another party will acquire the school, the recognition
given by the State to the school shall be included. Before,
government recognition cannot be transferred, not it can
be transferred on the condition that the new owner will
acquire the school with the facilities, etc. (should be the
recognition plus the entire school including its operations;
cannot sell separately he recognition and the school).
Property in a limited extent as long as it is acquired
together with the school. But the fact that it can be
acquired by another, makes it a property.
(68) Properties of a municipality for public use are under
the control of Congress
True. Not patrimonial of the municipality. The municipality
or the province is holding such property as administrator
for the public or for the State. The control over the property
for public use is with the National Congress. That is the
reason why in Zamboanga, the RA of Congress transfers
the properties of the province to the municipalities except
hose which are patrimonial because they cannot do that
without the payment of compensation. But for properties
that are for public use control is lodged with the Congress
so if they will transfer it to the city then the province cannot
do anything about that
(69) A lot donated by a private corporation to the city of
Manila for the opening a street is patrimonial under the
street is actually constructed
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3
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
(70) A possessor of a parcel of land may file an action for
forcible entry or unlawful detainer against a party claiming
to be the owner of the same
Bonus (False. The tenant can deprive the possession of the
property even against the lessor. So if the lessor, by FISTS,
will dispossess the tenant. The tenant can file an action for
forcible entry. For unlawful detainer, it is different, the
possessor has the rightful possession but after it is
terminated and he retains possession, it cannot happen.)
(71) An artificial lake constructed in the property of Mr. X
was destroyed by a magnitude 7 earthquake inundating
the land and damaging the plants of his neighbor. Mr. X is
liable for damages because the owner of a property
cannot make use thereof to injure the rights of a third
person
False. In the case decided by the SC, there was liability
except that here there is a magnitude 7 earthquake, so
apply the rule that in case of fortuitous event, there is no
liability. Fortuitous Events.
(72) The sperm of Pedro, a bulldog, extracted through
manual inducement is a natural fruit
True. Natural fruit is the spontaneous products of the soil
and the young or OTHER PRODUCTS OF THE ANIMAL even
if by manual intervention. Industrial fruits are limited only to
the products of the LAND thru cultivation
What are industrial fruits?
Money, Rents...
(73) Canned sardines from a cannery are fruits
True. Civil Fruits.
Other Samplex:
False. Products of manual labor?
(74) The compensation paid to X who executed a
mortgage over his land to secure the loan of another
person is a civil fruit
False. That is not the fruit of a lang resulting to juridical
relations by contract. The consideration was paid by the
landowner for the debtor. It is a COMPENSATION for the
RISK undertaken by the owner of the land to secure the
loan of the other party.
(75) Article 448 may apply to an improvement introduced
by a usufructuary on a parcel of land
False. You apply the rules on Usufruct. We do not apply Art.
448 when there is a contractual relation between the
parties
(76) The landowner may avail of demolition as a first option
under Article 448
Page 7 of 10
True. It is the last option
(77) Without exception, Article 448 applies only when a
person builds, plants or sows on the land of another
False. There is an exception, even if the land and the
building used to be owned by only one person
If by contractual or by lawful processes, the ownership of
the land has been separated from the ownership of the
building you can still apply by ANALOGY Art 448. In the
case where the building is used as a collateral and the
building was acquired by a third party in a public auction,
as a result the land belongs to the original owner and the
building belongs to a third party. The purpose of the rules
on accretion is to avoid a case of forced co- ownership
where the accessory is owned by one and the principal is
owned by another. Both the principal and the accessory
should be owned by only one person, so in that case you
can still apply Art. 448
(78) Article 448 cannot apply where a co-owner builds on
a land owned in common
False. SC said that we can apply Art. 448 when a co-owner
constructed a land owned in common but after partition
of the co-ownership, the building encroached upon the
share that was given to the other co- owner so that is an
instance where the principal is owned by one and the
accessory by another. SC said, apply Art. 448
(79) To avoid unjust enrichment, the builder in Article 448
must pay rent during the period of retention
False. The builder in GF cannot be forced to pay rent
during the period of retention
(80) In industrial accession, a landowner in bad faith may
not only lose his property but could even be held liable for
damages
False. In industrial accession, the land owner cannot lose
his property/land, the worst case scenario is for the land
owner to pay damages on top of the removal of the
improvements even if there is destruction. The land cannot
be owned by the builder or the one who introduce the
improvements
(81) If the landowner elects to sell the land to the builder,
the price must be fixed at the market value at the time of
taking or introduction of the improvement of the land
False. This is not expropriation. Art. 448 is NOT similar to
expropriation. In expropriation, the value considered is the
value at the time of the taking. In Art 448, the value
considered is the value at the time of the sale or the
payment
(82) The buyer who builds on a land after an action for
annulment of the sale is a buyer in bad faith regardless of
the result of the litigation
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3
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
(84) A builder in bad faith may demand reimbursement for
real property taxes on the land
True
(85) A planter in bad faith may claim reimbursement for
litigation expenses against the landowner
False
(86) The in pari delicto rule applies to industrial accession
False, If they are both in bad faith then they are
considered that they both acted in good faith
(87) The rule on accretion applies to lakes, non-navigable
rivers and shores
False
(88) In no instance will the rule of accretion apply if
sedimentary deposits are accumulated because of
artificial works
False, Art. 457, the accretion must produced by the natural
movement of current of the river. It cannot be by artificial
work. So if the owner set up a dike in order to accumulate
sedimentary deposits, the area accumulated to his land
will be owned by the state. It becomes public dominion. It
was not coused under Art. 457. But if the dike was
constructed to preseve the property but an accidental
result an accumulation of sendimentary deposit. then you
apply Art. 457 and that is an exception.
If the construction were not intended to accumulate
deposits but to preserve the property, then the accretion
is only incidental, thus it is covered by the rules and the
riparian owner can become the owner of the
accumulated deposit. But if the construction/artificial
works was intended to accumulate deposits, then the rule
will not apply. But when the dike as constructed not for the
purpose of accumulating and the accumulation was only
incidental to the construction of the dike, we apply the rule
on accretion
(89) An unknown and hidden deposit of malice?.. is
considered as an hidden treasure if the owner does not
appear to it as unkown.
False. Under Art. 439, It is the lawful ownership that does
not appear to the owner. there is the big difference. Based
upon the circumstance upon the finding of the object.
If you find money in the pages of book iun the library, can
be that classified as a hidden treasure?
No, based on the circumstances of the finding that in the
conclusion that there is no full ownership. Somebody owns
that. It may left it unintentionally. So your obligation is to
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
Page 8 of 10
publication and there is 10% finder's fee. After six months if
no one comes to claim it, that is the only one the finder is
the owner by occupation. If you did not comply with the
requirement of the law, you will be charged by theft.
What do you mean that lawful ownership does not
appear?
There is no indication based on the finding that ownership
was abandoned or neglected.
(90) The dominion doctrine limits the ownerships rights over
the surface and everything under the land.
True. Regalian doctrine.
(91) to (95) Give Five limitations of Ownership
(91) Imposed by the owner himself
(92) Imposed by the nature of the property
(93) Imposed by law.
(94) Imposed by the inherent powers of the state.
(95) Imposed by the rights of others
(96) to (101) Six characteristics of the property of public
dominion
(96) It is alienable
(97) It cannot be burdened by easement
(98) It cannot be acquired through inquisitive prescription.
(99) It cannot be registered under the Torrens system.
(100) It is not subject to attachment or execution.
(101) Outside the commerce of man
Mini Quiz (+10 and +20 for Quiz #3)
(During Classroom discussion before checking Quiz#3)
Question: Modified facts of Heirs of Malabanan v. Republic
Answer:
Pursuant to the provisions of the Public Land Act. Under CA
141, agriculatural lands can be disposed of homestead
patents, by sale, by grant and by Judicial Conformation
of a perfect title. And the last one, in relation to Sec. 48 of
CA 141, the requirements is for the applicant or by himself
or through his predecessors-in-interest, to have been in
possession or occupation of the agricultural land since
June 12, 1945 or 30 years, without proof that the
predecessors of Malabanan is in possession of the public
land as of June 12, 1945. Well, in fact with that case, they
came to in possession in sometime in the 80's. So that for,
they are not not qualified to register the property under PD
1529, Sec. 14(1).
But other than the agricultural land because that in the
constitution. Public lands are classified into four. These are
(1) Agricultural land; (2) Forest or Timber Land; (3) Mineral
Land; and (4) National Parks. Only agricultural properties
can be alienated. But there are also other properties of the
State that are acquired by individuals through prescription
under the Civil Code. These are the properties that are
classified as patrimonial.
Civil law Review 1 Mini Quiz during Recitation and Quiz # 3
So when the property of public dominion becomes
patrimonial. Under Art. 422 of the Civil Code, there is
conversion. There must be an act or law or a presidential
proclamation withdrawing the property from public use or
public service and converting it to patrimonial. Therefore
in the case of Malabanan, they are not qualified to own
such land under prescription under the Civil Code
because there is no showing that such property is
withdrawn from public use or public service or converted
to patrimonial. Those are the two reasons.
Other Samplex questions not include in AY 2017-2018:
(102) Uprooted trees on segregated land should be
claimed within six months
False, Must be 2 years because they are still lying on
segregated land BUT if the uprooted trees were washed
upon the land of another, you apply the 6 month claim
(103) The rule on natural change in the course of a river
does not apply to navigable rivers
False, applies to navigable and non-navigable rivers
(104) Islands formed through alluvion on rivers and lakes
belong to the state
False, Rivers, distinguish between navigable and non-
navigable rivers. If the statement is a general one, it is
FALSE
(105) Plumbatura is the adjunction of the same metals
False. It is the adjunction of different metals
(106) Gold, united by soldering to platinum, is the principal
False. Platinum is more valuable/expensive
(107) Tejido shall be governed by the rules on co-
ownership
False. In weaving we do not apply the rules on mixture, we
apply the rules on adjunction
(108) In adjunction involving three or more things
belonging to different owners, there could be two principal
things
False. There is only one principal, all the others are
accessories
(109) The owner of a diamond set on a ring may remove
the same even if the ring may suffer some injury
True. Even if we presume GF on the part of both parties, if
the accessory is more precious than the principal then it
can be removed even if there is injury but not if there is
destruction
(110) Sentimental value is not relevant in industrial
accession involving inherited land
False. The sentimental value in Art 475 will only apply to
personal property and not to land. In determining moral
damages, you can also include sentimental value of the
real property but not for the purpose of determining or
applying the rules on accession.
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