Question 1

A ordered books from Rex Publishing worth ₱1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books?
A)Rex Publishing can recover the books because it was unlawfully deprived when the check was dishonored.
B)Rex Publishing can file an action for rescission of the contract.
C)Rex Publishing can file an action for sum of money against A, or file criminal cases for violation of B₱22 and Art. 315, RPC.
D)Rex Publishing can file an action for declaration of nullity of the contract of sale.

Accepted Answer

C

Question 2

A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D's act valid and what is the remedy of the brothers?
A)No, because she is a minority co-owner, the decision of the majority prevails.
B)No, because while it is an alteration the consent of the controlling interest is merely required.
C)Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed.
D)No, because it is prejudicial to their common interest.

Accepted Answer

C is correct because in matters involving significant alterations or improvements on co-owned property, the consent of all co-owners is generally required. However, if the refusal of one co-owner is clearly prejudicial to the common interest, courts may intervene to allow the alteration, balancing the interests of all parties involved.

Question 3

A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of 90 square meters. A sued B and C for partition. How do you thing the court will decide?
A)It will grant the action since land is basically divisible.
B)It will dismiss because the land is so small.
C)It will dismiss because the land is so small that to divide it will render it useless for the purpose it is intended.
D)It will grant the action otherwise, A, B and C will be deprived of their right to make use of the property.

Accepted Answer

The court is likely to dismiss the action for partition if dividing the land would render it useless for its intended purpose, especially if the land is very small, as dividing such a small parcel could indeed make it impractical or impossible to use effectively.

Question 4

In the question above, where D refuses to agree, what would be your advice to A, B and C?
A)I would advice them to file a suit to compel her to give consent.
B)I would advice them to sue her for damages.
C)I would advice them to file an action for partition.
D)I would advice them to develop the land and leave a portion equivalent to the share of D.

Accepted Answer

Filing an action for partition is the appropriate legal remedy when co-owners cannot agree on the management or disposition of property. This allows the property to be divided among the owners according to their respective shares, without requiring unanimous consent.

Question 5

In the question above, A, B and C agreed to use the amount of ₱100M left by their parents for the development of the land. D disagreed. Is D's act correct?
A)No, because it is prejudicial to the interest of the co-ownership.
B)Yes, because the expenditure is not a mere act of administration, but an act of dominion.
C)Yes, because the expenditure is not a mere act of administration but an act of dominion which needs the consent of all.
D)No, because being trustees of one another, they are presumed to act favorably for every co-owner.

Accepted Answer

The expenditure is not a mere act of administration but an act of dominion which needs the consent of all.

Question 6

A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the property. Is the partition valid?
A)The contract of partition is void because it was not put into writing.
B)The contract is unenforceable because it was not put into writing.
C)The contract is valid because a contract can be in any form.
D)The contract is valid and enforceable because in matters of realty, the Statute of Frauds governs only conveyances and leases and partition is not a lease. it is not a conveyance but merely segregation of a property.

Accepted Answer

The contract is valid and enforceable because, in matters of real estate, the Statute of Frauds typically requires certain contracts to be in writing to be enforceable, such as conveyances and leases. However, a partition, which is the division of property among co-owners, is not considered a conveyance or a lease but rather a segregation of the property. Therefore, it does not necessarily have to be in writing to be valid and enforceable.

Question 7

A, B & C are the co-owners of a parcel of land. They leased it to D. For failure to pay the rents, A alone sued D. Will the action prosper?
A)The action will not prosper because B & C are indispensable parties.
B)The action will not prosper because of failure to implead B & C who are real parties in interest.
C)The action will prosper because anyone of the co-owners may sue for ejectment.
D)The action will not prosper because the suit by A is not in representation of the co-ownership.

Accepted Answer

C) The action will prosper because anyone of the co-owners may sue for ejectment. This is based on the principle that any co-owner has the right to ensure that the property is used correctly and can take action to protect their interest, including actions for ejectment against a tenant who fails to pay rent.

Question 8

What is the status of the sale of the whole property by one co-owner?
A)Valid sale as to the whole property.
B)Valid sale only as to the share of the seller co-owner.
C)Sale is void on whole property as there is no consent from the other co-owner.
D)Unenforceable

Accepted Answer

The sale of the whole property by one co-owner without the consent of the other co-owners is valid only as to the share of the seller co-owner. The buyer acquires only what the selling co-owner legally owns, which is their proportionate share in the property, not the entire property itself.

Question 9

Which of the following is false with regard to the prescription on action to quiet title?
A)If the plaintiff is in possession, the action to quiet title does not prescribe.
B)If the plaintiff is not in possession, it may prescribe.
C)Whether the plaintiff is in possession or not, the action to quiet title will prescribe.
D)none

Accepted Answer

The statement that whether the plaintiff is in possession or not, the action to quiet title will prescribe is false. The action to quiet title is designed to establish or settle the title to a property against anyone and everyone, and thus, if the plaintiff is in possession, the action does not prescribe. This is because the action is essentially a preventive remedy aimed at avoiding possible litigation over the title.

Question 10

What should a co-owner do inorder that he can recover expenses in the alteration of co-ownership?
A)Not secure the consent of the other co-owners anyway it is for the benefit of the co-ownership.
B)Secure a unanimous consent of the co-owners.
C)Not secure consent of the co-owners since they did not contribute for the alteration of the property.
D)Secure the consent of majority of the co-owners.

Accepted Answer

To recover expenses for alterations in a co-ownership, it is essential to secure unanimous consent from all co-owners. This ensures that all parties agree to the changes and the associated costs, thereby facilitating reimbursement for the expenses incurred.

Question 11

The following are some of the characteristics of a co-ownership except one:
A)A co-owner is in a sense a trustee for the other co-owners.
B)Co-ownership has judicial personality.
C)There must be more than one subject or owner.
D)Regarding the physical whole, each co-owner must respect each other in the common use, enjoyment or preservation of the physical whole.

Accepted Answer

Co-ownership does not have judicial personality. Judicial personality refers to the capacity to have rights and obligations, and in most legal systems, co-ownership itself as an entity does not have this capacity. Instead, the individual co-owners have rights and obligations.

Question 12

Within what period should the owner of a property subject of avulsion recover the lost property?
A)2 years
B)3 months
C)6 months
D)1 year

Accepted Answer

The owner of a property subject to avulsion has 2 years to recover the lost property.

Question 13

A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same.
A)B and C can redeem the said property after paying the foreclosed amount.
B)A should pay B and C corresponding to the value of their respective share.
C)B and C may redeem the property only to the extent of their respective shares.
D)none

Accepted Answer

B and C, as co-owners, can only redeem the property to the extent of their respective shares since A could only mortgage his own share.

Question 14

A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the whole property without the consent of B and C. Is the sale valid?
A)Yes, it is valid, because the right of alienation is one of his rights over the ideal shares in the co-ownership.
B)No, it is invalid, because the consent of his co-owners is material for the sale to be valid.
C)Yes, it is valid because the co-owners did not object when he sold his part.
D)No, it is invalid because a co-owner cannot sell his part to third person without offering it first to his co-owners.

Accepted Answer

A co-owner has the right to sell his aliquot (ideal) share in the property without needing the consent of the other co-owners. This is based on the principle that each co-owner has full ownership rights over their share, including the right of alienation.

Question 15

Which of the following is a characteristic of a co-ownership?
A)The co-ownership possess juridical personality.
B)Regarding the ideal share, each co-owner does not hold any control over the same.
C)A co-owner is in a sense a trustee for the other co-owner.
D)Regarding the physical whole, a co-owner uses and enjoys the same to the exclusion of the others.

Accepted Answer

A co-owner acts in a sense as a trustee for the other co-owners, meaning they have a responsibility to manage the property in a way that benefits all owners, not just themselves. This is a fundamental characteristic of co-ownership, where each co-owner's rights and responsibilities are interconnected with those of the other co-owners.

Question 16

Which of the following is not a ground for extinguishment of a usufruct?
A)Prescription
B)Bad use of the thing in usufruct.
C)Total loss of the thing in usufruct
D)Non-user for 6 months.

Accepted Answer

The answer of Which of the following is not a...

Question 17

In taking care of the thing in usufruct, what degree of diligence is required?
A)Good father of a family
B)Utmost diligence
C)Ordinary diligence
D)Extraordinary diligence

Accepted Answer

The degree of diligence required in taking care of the thing in usufruct is that of a good father of a family. This standard, often used in legal contexts, implies a level of care and attention that a diligent and responsible head of a family would give to managing their own affairs.

Question 18

In 2001, A granted a usufruct over his building to B until February 23, 2011 when C, the son of B would have reached the age of 25. C died at the age of 23 in 2009. What happened to the usufruct?
A)The usufruct was extinguished.
B)The death terminated the usufruct.
C)The usufruct subsists because a usufruct granted for the time that may elapse before a third person reaches a certain age shall subsist for a number of years specified even if the third person should die unless there is a stipulation to the contrary (Art. 606, NCC)
D)The usufruct continues because B, the trustee is still alive.

Accepted Answer

The usufruct subsists because it was granted for a specific period (until C would have reached 25), and the death of C does not affect the duration unless there was a stipulation to the contrary.

Question 19

A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct?
A)Yes, because of prescription and laches.
B)No, because there was no formal prohibition by means of an instrument acknowledged before a notary public prohibiting B from obstructing his easement of light and view.
C)No, because A did not observe the 2-meter distance between the windows since the view is direct and the lot of B (Non-observance of the distances does not give rise to prescription.)
D)Both B and C.

Accepted Answer

The correct answers are B and C because for an easement of light and view to be acquired by prescription, there must be a formal prohibition acknowledged before a notary public, and specific distances must be observed to respect the neighbor's property rights. A's failure to formally prohibit B from obstructing the view and not observing the required distances means A cannot claim the easement by prescription.

Question 20

A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct?
A)B is correct because possession of a parcel of land for ten (10) years in good faith will ripen to ownership.
B)B is correct because of laches.
C)B is wrong because an easement of right of way cannot be acquired by prescription as while it is apparent it is not however not continuous.
D)B is correct because with the continuous use of the easement, prescription lied.

Accepted Answer

Easements, such as a right of way, cannot be acquired through prescription if they are not continuous and apparent. In this case, while the use of the road may be apparent, an easement of right of way is considered discontinuous because its use is dependent on the acts of man (i.e., driving trucks through the land), not a natural or automatic occurrence. Therefore, B cannot claim ownership over the easement through prescription.

Quiz 15: Legal Issues in Property Ownership and Easements

A ordered books from Rex Publishing worth ₱1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books?

A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D's act valid and what is the remedy of the brothers?

A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of 90 square meters. A sued B and C for partition. How do you thing the court will decide?

In the question above, where D refuses to agree, what would be your advice to A, B and C?

In the question above, A, B and C agreed to use the amount of ₱100M left by their parents for the development of the land. D disagreed. Is D's act correct?

A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the property. Is the partition valid?

A, B & C are the co-owners of a parcel of land. They leased it to D. For failure to pay the rents, A alone sued D. Will the action prosper?

What is the status of the sale of the whole property by one co-owner?

Which of the following is false with regard to the prescription on action to quiet title?

What should a co-owner do inorder that he can recover expenses in the alteration of co-ownership?

The following are some of the characteristics of a co-ownership except one:

Within what period should the owner of a property subject of avulsion recover the lost property?

A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same.

A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the whole property without the consent of B and C. Is the sale valid?

Which of the following is a characteristic of a co-ownership?

Which of the following is not a ground for extinguishment of a usufruct?

In taking care of the thing in usufruct, what degree of diligence is required?

In 2001, A granted a usufruct over his building to B until February 23, 2011 when C, the son of B would have reached the age of 25. C died at the age of 23 in 2009. What happened to the usufruct?