Question 1

What is the required age difference between the adopter and the adopted?

Accepted Answer

A) 15 years. 
B) 20 years. 
C) 16 years. 
D) 14 years. 
A) 15 years. 
B) 20 years. 
C) 16 years. 
D) 14 years. C

Question 2

A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A's land which proved positive. With A's consent, B extracted the hidden treasure. Is B entitled to 1/2?

Accepted Answer

A) No, because he is not a finder by chance due to his intention. 
B) No, because he should have found it by sheer luck. 
C) Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it. 
D) No, he is entitled merely to compensation for his efforts. 
A) No, because he is not a finder by chance due to his intention. 
B) No, because he should have found it by sheer luck. 
C) Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it. 
D) No, he is entitled merely to compensation for his efforts. C

Question 3

Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ½?

Accepted Answer

A) No, because he is a trespasser. 
B) No, because since he has a map, he is not a finder by chance. 
C) Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser. 
D) No, because by chance means good luck. 
A) No, because he is a trespasser. 
B) No, because since he has a map, he is not a finder by chance. 
C) Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser. 
D) No, because by chance means good luck. C

Question 4

What are the rights of a builder in bad faith?

Accepted Answer

A) The builder in bad faith may demand for the reimbursement of improvements of the land. 
B) The builder in bad faith may demand for the payment or reimbursement for necessary expenses for the preservation of the land and value of the building. 
C) The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building. 
D) The builder in bad faith is entitled to reimbursement of all expenses available for reimbursement. 
A) The builder in bad faith may demand for the reimbursement of improvements of the land. 
B) The builder in bad faith may demand for the payment or reimbursement for necessary expenses for the preservation of the land and value of the building. 
C) The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building. 
D) The builder in bad faith is entitled to reimbursement of all expenses available for reimbursement.

Question 5

By hidden treasure is understood, for legal purposes, any hidden and unknown deposit except:

Accepted Answer

A) Money 
B) Precious objects 
C) Jewelry 
D) Mineral deposits 
A) Money 
B) Precious objects 
C) Jewelry 
D) Mineral deposits

Question 6

A owns a house and lot which is made of concrete materials. A then sold it to B for purposes of demolition. How do you classify the house?

Accepted Answer

A) Personal property because it is subject of a contract of sale. 
B) Immovable property because by reason of immobilization by destination. 
C) Immovable because under Article 415 of the Civil Code, everything attached to an immovable property in a fixed manner in such way that it cannot be separated therefrom without breaking the material falls under immovable property. 
D) It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials. 
A) Personal property because it is subject of a contract of sale. 
B) Immovable property because by reason of immobilization by destination. 
C) Immovable because under Article 415 of the Civil Code, everything attached to an immovable property in a fixed manner in such way that it cannot be separated therefrom without breaking the material falls under immovable property. 
D) It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials.

Question 7

A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?

Accepted Answer

A) No, because it is not a joint petition. 
B) No, because the requirement of a joint petition for adoption is mandatory. 
C) Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child. (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369) 
D) No, because adoption rules are mandatory. 
A) No, because it is not a joint petition. 
B) No, because the requirement of a joint petition for adoption is mandatory. 
C) Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child. (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369) 
D) No, because adoption rules are mandatory.

Question 8

Of the following statements, which is not correct?

Accepted Answer

A) The guardian cannot adopt the ward before the approval of the final account to prevent commission of fraud in handling his properties. 
B) The guardian cannot adopt the ward because it might be used as a shield to commit fraud. 
C) The guardian cannot adopt the ward to prevent any prejudice to him. 
D) Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest. 
A) The guardian cannot adopt the ward before the approval of the final account to prevent commission of fraud in handling his properties. 
B) The guardian cannot adopt the ward because it might be used as a shield to commit fraud. 
C) The guardian cannot adopt the ward to prevent any prejudice to him. 
D) Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest.

Question 9

A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision property being developed by XYZ Corporation. He did not know the exact location of the lot, hence, he consulted the developer who pointed to a lot, hence, he constructed his house. It turned out that it was another lot covered by TCT No. 124. Is A a builder in good faith?

Accepted Answer

A) A is a builder in bad faith because he has a title over his property. 
B) A is a builder in good faith because, not being an expert he relied on the representation of the developer. 
C) A is a builder in bad faith because he should have known the boundaries of his property and the location of the same. 
D) A is a builder in bad faith because of his negligence in not asking a geodethic engineer to determine the exact location of his property. 
A) A is a builder in bad faith because he has a title over his property. 
B) A is a builder in good faith because, not being an expert he relied on the representation of the developer. 
C) A is a builder in bad faith because he should have known the boundaries of his property and the location of the same. 
D) A is a builder in bad faith because of his negligence in not asking a geodethic engineer to determine the exact location of his property.

Question 10

X has a daughter Y. She left for Italy to look for a job and worked there for 10 years but continued to support Y who was left under the custody of A and B. They filed a petition for adoption but did not present evidence of consent of X contending that Y has been abandoned by X. How do you think the court will decide?

Accepted Answer

A) It will grant the petition to serve the best interest of the child. 
B) It will grant even without the consent of X due to abandonment. 
C) It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad. 
D) It will grant because having left Y for 10 years is considered as evidence of abandonment. 
A) It will grant the petition to serve the best interest of the child. 
B) It will grant even without the consent of X due to abandonment. 
C) It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad. 
D) It will grant because having left Y for 10 years is considered as evidence of abandonment.

Question 11

A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned.

Accepted Answer

A) X shall inherit as A left no legitimate child. 
B) X is excluded by the presence of C because an adopted child inherits like a legitimate child. (Art. 979(2), NC
C)  
C) X and C can inherit together but C will inherit like an illegitimate chil 
D) (Art. 343, NC
C)  - It has been deleted by the Family Code.) 
A) X shall inherit as A left no legitimate child. 
B) X is excluded by the presence of C because an adopted child inherits like a legitimate child. (Art. 979(2), NC
C)  
C) X and C can inherit together but C will inherit like an illegitimate chil 
D) (Art. 343, NC
C)  - It has been deleted by the Family Code.)

Question 12

X leased real property situated in Malate, Manila which is owned by A. During the period of lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate the premises but not appropriate the improvement. Is X entitled to reimbursement of the improvements?

Accepted Answer

A) No, because he is a builder in bad faith. 
B) Yes, because he is considered in good faith. 
C) No, because he can remove the improvements. 
D) Yes, to the extent only of one-half of the value of the improvements if the lessor appropriates it. 
A) No, because he is a builder in bad faith. 
B) Yes, because he is considered in good faith. 
C) No, because he can remove the improvements. 
D) Yes, to the extent only of one-half of the value of the improvements if the lessor appropriates it.

Question 13

A is a squatter on the land of B and constructed a house. When sued for forcible entry, he asked for reimbursement from B for the improvements. Is A correct?

Accepted Answer

A) Yes, he is entitled to the extent of the value of the improvement. 
B) Yes, to the extent of 50% of the value of the improvement. 
C) Yes, but only for the expenses in the preservation of the land. (Art. 449, NC
C)  
D) Yes, for the value of the necessary improvement. 
A) Yes, he is entitled to the extent of the value of the improvement. 
B) Yes, to the extent of 50% of the value of the improvement. 
C) Yes, but only for the expenses in the preservation of the land. (Art. 449, NC
C)  
D) Yes, for the value of the necessary improvement.

Question 14

A borrowed money from B. As security for the payment of the loan, he executed a chattel mortgage on the building erected on his land and the machinery stored therein. For failure to pay the loan, he was sued and a judgment was rendered against him, where the building and the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff?

Accepted Answer

A) Yes, because the contract is the law between the parties. 
B) Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0. 
C) Yes, with respect to both the building and the machinery because of the principle of liberty of contracts. 
D) No, C is not bound at all because he is not a party to the contract. 
A) Yes, because the contract is the law between the parties. 
B) Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0. 
C) Yes, with respect to both the building and the machinery because of the principle of liberty of contracts. 
D) No, C is not bound at all because he is not a party to the contract.

Question 15

Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process?

Accepted Answer

A) Accretion 
B) Regalia Doctrine 
C) Alluvium 
D) Avulsion 
A) Accretion 
B) Regalia Doctrine 
C) Alluvium 
D) Avulsion

Question 16

A & B entered into a contract of sale over A's car for ₱500,000.00. A has to register the car first before payment and delivery. After the registration of the car, A called up B that the car was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay before delivery. B was able to convince the driver to leave the car at his garage and will just deposit the amount with A's account for fear that the driver might be the subject of a hold-up. Instead of depositing the amount, he sold the car to C. Can A recover the car from C?

Accepted Answer

A) A cannot recover the car anymore because B has become the owner by virtue of delivery. 
B) A can recover the car from C because he was unlawfully deprived. 
C) A cannot recover from C because he is a buyer in good faith and for value. 
D) A's only remedy is to file an action for sum of money against B. 
A) A cannot recover the car anymore because B has become the owner by virtue of delivery. 
B) A can recover the car from C because he was unlawfully deprived. 
C) A cannot recover from C because he is a buyer in good faith and for value. 
D) A's only remedy is to file an action for sum of money against B.

Question 17

River beds which are abandoned through the natural change in the course of the water belong to whom?

Accepted Answer

A) Owners whose land are occupied by the new course in proportion to the area lost. 
B) Owners whose land are occupied by the bed course in proportion to the length of the area lost. 
C) Owners of the land adjoining the old bed in proportion to the area lost. 
D) Owners of the land adjoining the new bed in proportion to the area lost. 
A) Owners whose land are occupied by the new course in proportion to the area lost. 
B) Owners whose land are occupied by the bed course in proportion to the length of the area lost. 
C) Owners of the land adjoining the old bed in proportion to the area lost. 
D) Owners of the land adjoining the new bed in proportion to the area lost.

Question 18

X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y's taxicab. Who owns the celphone?

Accepted Answer

A) Y is the owner under the principle of finder's keepers. 
B) Y is the owner as he is in actual possession. 
C) X is the owner as he was deprived of possession. 
D) Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication. 
A) Y is the owner under the principle of finder's keepers. 
B) Y is the owner as he is in actual possession. 
C) X is the owner as he was deprived of possession. 
D) Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication.

Question 19

Which of the following instances treats a building/structure as an immovable property?

Accepted Answer

A) A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built. 
B) A barong-barong built by X on his lot. 
C) A building used as security in the payment of an obligation where a chattel mortgage is executed over it. 
D) A building bought for purposes of demolishing the same. 
A) A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built. 
B) A barong-barong built by X on his lot. 
C) A building used as security in the payment of an obligation where a chattel mortgage is executed over it. 
D) A building bought for purposes of demolishing the same.

Question 20

A leased a parcel of land to B. Without A's consent, B constructed a warehouse. What is the nature of the warehouse?

Accepted Answer

A) It is a personal property because the builder was in bad faith. 
B) It is a personal property because the builder is not the owner. 
C) It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (C
A)  48 O.G. 4374) 
D) Personal because it is a structure which can be removed by the builder. 
A) It is a personal property because the builder was in bad faith. 
B) It is a personal property because the builder is not the owner. 
C) It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (C
A)  48 O.G. 4374) 
D) Personal because it is a structure which can be removed by the builder.

What is the required age difference between the adopter and the adopted?

A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A's land which proved positive. With A's consent, B extracted the hidden treasure. Is B entitled to 1/2?

Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ½?

What are the rights of a builder in bad faith?

By hidden treasure is understood, for legal purposes, any hidden and unknown deposit except:

A owns a house and lot which is made of concrete materials. A then sold it to B for purposes of demolition. How do you classify the house?

A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?

Of the following statements, which is not correct?

A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned.

X leased real property situated in Malate, Manila which is owned by A. During the period of lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate the premises but not appropriate the improvement. Is X entitled to reimbursement of the improvements?

A is a squatter on the land of B and constructed a house. When sued for forcible entry, he asked for reimbursement from B for the improvements. Is A correct?

Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process?

River beds which are abandoned through the natural change in the course of the water belong to whom?

X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y's taxicab. Who owns the celphone?

Which of the following instances treats a building/structure as an immovable property?

A leased a parcel of land to B. Without A's consent, B constructed a warehouse. What is the nature of the warehouse?

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Exam 14: Property Ownership and Rights

What is the required age difference between the adopter and the adopted?

A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A's land which proved positive. With A's consent, B extracted the hidden treasure. Is B entitled to 1/2?

Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ½?

What are the rights of a builder in bad faith?

By hidden treasure is understood, for legal purposes, any hidden and unknown deposit except:

A owns a house and lot which is made of concrete materials. A then sold it to B for purposes of demolition. How do you classify the house?

A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?

Of the following statements, which is not correct?

A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned.

X leased real property situated in Malate, Manila which is owned by A. During the period of lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate the premises but not appropriate the improvement. Is X entitled to reimbursement of the improvements?

A is a squatter on the land of B and constructed a house. When sued for forcible entry, he asked for reimbursement from B for the improvements. Is A correct?

Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process?

River beds which are abandoned through the natural change in the course of the water belong to whom?

X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y's taxicab. Who owns the celphone?

Which of the following instances treats a building/structure as an immovable property?

A leased a parcel of land to B. Without A's consent, B constructed a warehouse. What is the nature of the warehouse?

Succession and Probate Law

Inheritance, Property and Ownership Laws

Property and Family Law

Philippine Laws and Marriage

Legal and Contractual Queries

Contractual and Partnership Issues

Legal and Contractual Obligations

Loans, Fraud, Liability, and Sale of Land

Obligation Scenarios in Civil Law

Legal Obligations and Their Application

Family and Marriage Law: Marriage, Divorce, Inheritance, and Property Rights

Family Law: Filiation, and Custody

Family Law: Marital Issues, Adoption, and Property Relations

Legal Issues in Property Ownership and Easements

Donation, Probate, and Reserva Troncal in Philippine Law

Inheritance and Probate Law

Contractual and Legal Issues

Contractual Obligations and Remedies

Contracts of Sale and Property Ownership

Legal Contracts, Partnerships, and Agency Law

Contractual Obligations and Liabilities

Legal Liability and Damages

Land Ownership and Registration Issues

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