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Define Property (Article 417) provided that (a): _b):_ ; What is the basis?

Where a building is to be demolished immediately,


Definition of a thing: Any ____ which _(1)_, and is it is to be regarded as ___. Why? (Bautista vs.
_(2)_, including those _(3)_, those _(4)_ and Supnad)
_(5)_ . Meaning of construction of all kinds in Article 415
Differentiate THING and PROPERTY (1) NCC
Roads, whether public or private are ___. Why?
Enumerate the three classification of things.
Differentiate. A wall or a fence is to be regarded as construction
Kinds of Res Nullius. Differentiate. by incorporation as long as?
Why are trees, plants and growing fruits immovable
Requisites/Classification of Property. Define Each. properties?
When trees are cut or uprooted, incorporation
Kinds of Properties ceases and they become movables. Exception/s?
Growing crops whether on ones land or on
Explain Mixed or Semi-movables anothers (usufructuary/tenant) should be
considered as?
Other classification of Properties (10) In Art. 415 (3) NCC explain the attachments

Why is classification important in (1) Private In Art. 415 (3) (5); when machineries were bolted or
International Law (2) Law on Donation (3) Criminal cemented on real property, does it make them ipso
Law (4) Contracts (5) Law on Prescription (6) In facto immovable? Why? (Tsai vs. CA)
order to affect third persons Where property and its accessories can be
How can parties to a contract treat real property as separated from immovable w/o being broken, what
personal property? is that property? (Yap vs. Taada)
Is the human body real or personal property? What are the four requisites of Article 415 (4) NCC?
Explain.
Differentiate Art. 415 (3) and Art. 415 (4) NCC
Explain RA 349, RA 7170 and RA 7719.
In Art. 415 (5): Define machineries, equipment and
What is a real right or jus in re? implements
What are the four requisites of Article 415 (5) NCC?
What are the three classification of Real Rights What if the equipment and living quarters of a crew
based on dominion? Differentiate. are attached to an immovable platform? Are they
What is a personal right or jus in personam or jus immovable too? Explain. (Fels vs. P. Batangas)
ad rem? Machinery, movable in nature, becomes
Real vs. Personal Rights immobilized when placed on a plant by the owner
of the property but not when placed by? (Co vs.
What are the four categories of immovable Castillo)
properties? Define them all bwahaha Give exceptions to when machinery placed on plant
Recite Article 415 VERBATIM by the tenant or person with temporary rights
become immobilized (Co vs. Castillo)
Land is an ___ property. However, a shoveful of According to the principle of estoppel, where a
land is a _____ but when used to cover a land, chattel mortgage is constituted on a machinery
becomes ___ permanently attached to the ground, the machinery
Buildings are immovable by ___. Their adherence is to be regarded as __, as long as __.
to the land must be ___ and ___. The intent must When is a special civil action of replevin
be ___. applicable? (Machinery & Engineering Supplies Inc
Portable structures are ___. A house and/or vs. CA)
materials of such house should be regarded as What does the case of Board of Assessment
___. Appeals vs. MERALCO say about Poles and Steel
What is the basis? supports/ towers of electric company?
The building and the land on which it is erected are Effect of Temporary separation of movables from
_____. immovable to which they are attached: (1) De Leon
A house may be object of chattel mortgage (2) Tolentino (3) Navarro (4) Paras
What are the two requisites of Art. 415 (6) NCC? Property is presumed to be owned by the ___,
without ____. (Salas vs. Jarencio)
With regard to Art. 415 (6); what will happen in All lands not appearing to be clearly private
case of alienation? dominion is presumed ___ (Republic vs. TAN)
With regard to Art. 415 (6); For the purpose of To whom belongs churches and other consecrated
Criminal Law, animals are to be regarded as what? objects?
With regard to Art. 415 (6); Explain the case of What is the concept of public dominion?
animals temporarily outside
Fertilizer is an immovable by _____ What is the purpose of public dominion?

With regard to Art. 415 (7); Explain Actually used What are the characteristics of public dominion?

When are items in Art. 415 (8) considered as realty What will happen to the property of public dominion
and personalty? when erroneously included in a Torrens title?
Define Mines, Quarries and Slag Dumps (Palanca vs. Commonwealth)
When will a property of public dominion be
Waters in the sea vs. Water in a glass converted to patrimonial property? (Laurel vs.
Garcia)
Why are things in Art. 415 (9) immovable? Who has the power to declare the property as
patrimonial? (Natividad vs. Director of Lands)
Are vessels immovable or movable? (Phil. Refining Kinds of public dominion. Distinguish each.
Co. vs. Jarque) What does it say in (Rubiso vs.
Rivera) Define Canals, Shores, Roadstead, and Torrent
What is the category of power barges? Why? (Fels
Energy vs. P. Batangas) What does the term ports include? (MIAA vs. CA)
Properties in Art. 415 (10) are not things but are?
What is needed to convert inalienable resources of
Personal right is always regarded as personal the state into alienable or disposable lands of the
property, except? public domain? Explain. (Chavez vs. Public Estates
Tests of movable properties. Explain. Authority)
Examples of public domain for public use with
Recite Articles 416 and 417 regard other similar character
What is a foreshore land?
Kinds of movable properties
Explain natural expropriation (Republic vs. CA,
Although Article 415 (2) NCC considers growing Morato)
crops as ___ they are however ___ according to __ If a river is capable in its __ state of being used for
What is the true test of subject property for theft? commerce, it is ____ in fact and therefore becomes
a ___. (Taleon vs. Secretary of Public Works)
What are demandable sums? All public buildings constructed by the State or its
offices and functionaries belong to what class of
With regard to Article 417 (2); what is included in public dominion? (Baguio Citizens Action vs. City
the term entities Council)
What is a stock? What does Article 12, Sec. 2 of the 1987
constitution provides? Are there exception?
Classification of movables. Distinguish each and Before public agricultural land is made available for
the kinds of each. disposition, they are property of ____.
Property is either of ___ or ___ (in relation to whom True or False, the charging of fees to the public
it belongs) does not determine the character of the property
What is a property of public dominion? whether it is public dominion or not. Why? (MIAA
vs. CA)
What is a property of private ownership? Recite Article 422 NCC

What is a patrimonial property? Distinction between government lands and public


lands
Kinds of property of private ownership Definition Issue Jurisdiction Prescription
What are the ancillary remedies
What are the patrimonial property of the state? Complete the following: Writ of Possession
Definition Issue Jurisdiction Prescription
Since Article 422 is not self-executing? What is Complete the following: Writ of preliminary
needed? injunction
Characteristics of patrimonial property Definition Issue Jurisdiction Prescription
Forcible Entry vs. Unlawful Detainer
Property of Political Subdivisions. Distinguish each. When Necessity Necessity When 1
possession of of proof year
Who has the absolute control when a property is becomes demand prior of period is
owned by a political subdivision in its public or unlawful Physical counted
governmental capacity? How about private and Possession from
proprietary capacity? (Rabuco vs. Villegas) What are the requisites in an Action to recover?
What does collective ownership include? (Article 434, NCC)
What is Article 434 NCC based upon?
Define ownership (Pangoden vs. Leonen)
What will happen if there is failure to prove the
What are the kinds of ownership? Define each. boundaries of the land? (Santiago vs. Santos)
In an action to recover, the plaintiff must rely on ___
Is ownership and possession the same? (Garcia and not on ___ (Article 434, NCC). What are the
vs. CA) reasons?
What are the subject matter of ownership? (Article What will happen if claims of both plaintiff and
427, NCC) defendant are weak? (Santos vs. Espinosa)
What are the rights of an owner under Article 428 Is it permissible to file both an accion reivindicatoria
NCC and accion interdictal/publiciana over the same
What are the seven attributes of ownership? land and between same parties? Why/Why not?
Distinguish each. What is the only right granted by law in favor of the
What are the five characteristics of ownership? mortgagee? Explain. (Isaguirre vs. De Lara)
Explain each. What is the principle of self-help? (Article 429,
NCC) Requisites?
Limitations in ownership With regard to interference of right of ownership,
what is the general rule? Exception?
What are the legal remedies to recover possession What is the doctrine of incomplete privilege?
of personal property? Real property? (Article 432)
Complete the following: Replevin What does Article 429 NCC provides?
Definition Issue Jurisdiction Prescription
Complete the following: Accion Interdictal How are acts in a state of necessity different from
Definition Issue Jurisdiction Prescription defense against unlawful aggression?
What are the kinds of Accion Interdictal? Actual invasion of property may consist of?

Complete the following: AI Forcible Entry What are the rules in using force if it is mere
Definition Issue Jurisdiction Prescription disturbance of possession?
Complete the following: AI Unlawful Detainer What are the rules in using force if it consists of a
Definition Issue Jurisdiction Prescription real dispossession?
Why do we use AI Forcible Entry as remedy? What are the rules in using force if the property is
immovable?
What may happen to a person or squatter who If the tenants were given a certain period to vacate
occupies the land of another at the latters the premises, is the act of the owner dragging said
tolerance or permission? tenants justified under Article 429? Why/why not?
Complete the following: Accion Publiciana (Caisip vs. People)
Definition Issue Jurisdiction Prescription What does Article 430 NCC provides?
What are the kinds of Accion Publiciana
What does the act of fencing signify? Why?
Complete the following: Accion Reinvindicatoria
Explain the obligation to respect the rights of others
as per Article 431 NCC
What is the basis of the doctrine of incomplete Are bonus to planters for the risk undergone in
privilege? What is its purpose? mortgaging property considered as civil fruits?
The owner of the sacrificial property is obliged to __ Why/ Why not? (Bachrach Motor Co. vs. Talisay
but is entitled to __ (Article 432 NCC) Silay Milling Co.)
Requisites of Doctrine of Incomplete Privilege What is the general rule of the owner of the fruits?
What are exceptions? (Article 441, NCC)
Rule of deprivation of property in the exercise of What is the obligation of recipient of fruits to
eminent domain reimburse necessary expenses of third persons?
Rule of deprivation of property in the exercise of (Article 443, NCC)
police power Where does payment of necessary expenses apply
What is surface rights? Article (437) and does not apply?
Horizontal limits: __ Vertical limits: ___ Airspace: _ What does Article 444, NCC provides?
Can a land be half mineral, half agricultural?
(Republic vs. CA, dela Rosa) Natural and industrial fruits while still ungathered
Restrictions in surface rights are ____.
When are natural fruits and industrial fruits deem to
Requisites for the property to be considered as exist?
hidden treasure What is the rule for civil fruits as distinguished from
To whom does hidden treasure belong generally? natural and industrial fruits?
What are the exceptions? What are the kinds of accession continua with
What does and by chance mean in Article 438 respect to real and personal property?
NCC? Basic principles in accession continua
What does stranger mean in Article 438 NCC?
What is the general rule in right of accession with
What is the rule in usufructuary in hidden respect to real property
treasures? (Article 566 NCC) Scope of building
What is the rule if the finder of the hidden treasure
is a paid laborer of the land owner? Scope of planting
What if the things discovered do not qualify as
hidden treasures? What does Article 446 NCC provides?
What is the effect of concealment in hidden
treasures? Does Article 445 apply if the owner of land is
What is accession? unknown?
What are the rights and obligations of each
In general, the right of accession is automatic, GF LO GF BPS GF OM
which means __ (Villanueva vs. Castro) What are the rights and obligations of each
What does Article 440 provides? Does it apply to GF LO GF BPS BF OM
property of public domain? What are the rights and obligations of each
Accession is not a mode of _____ but ___. Basis? GF LO BF BPS BF OM
What are the rights and obligations of each
Accession vs. Accessories BF LO BF BPS BF OM
What are the rights and obligations of each
Classifications of accession. Distinguish each. BF LO GF BPS GF OM
What are the rights and obligations of each
Requisites of accession discrete BF LO BF BPS GF OM
What are the rights and obligations of each
Define fruits. Recite Article 422 NCC GF LO BF BPS GF OM
What are the rights and obligations of each
What are the kinds of fruits? Distinguish each. BF LO GF BPS BF OM
What does Article 447 NCC provides?
What is the rule of Partus Sequitur Vantrem? What
is its purpose?
When does Article 447 NCC apply?
Perennial Crops: ___ fruits; Annual Crops: _____
What does Article 447 NCC contemplates? Alluvium vs. Accretion

What does Article 448 NCC provides? If the increment is formed by the action of the sea,
the same is not called alluvium/accretion but ___.
Article 448 NCC refers to a land that is? As such, it is part of __. (Heirs of E Navaro vs. IAC)
What are the requisites of Alluvion or Accretion?
Where the true owner himself is the builder of the
works the issue of good or bad faith is ___ What are the reasons for the rules in Alluvion?
What does Article 526 NCC provides? Where shall
it be applied? When can the riparian owner automatically own
When can the provision of indemnity in Article 448 alluvion? Is it also automatically registered?
be applied by analogy? Lands acquired by accretion as provided in Article
What should be made as basis of reimbursement to 457 is not lost upon ___.
the builder in good faith? Accretions in the bank of a lake belongs to ___
What will happen when the government sold the (Govt of the Philippine Islands vs. Colegio de San
property of a person due to non-payment of taxes Jose)
but the buyer wish to deliver to him also the Registration under Torrens System does not protect
improvement? Explain. (Nuguid vs. CA) ____ (Viajar vs. CA)
What are the cases not covered by Article 448 What will happen if one fails to register acquired
NCC? alluvial deposits? (Reynante vs. CA)
Explain the options of the land owner A riparian owner does not acquire the addition to
his land caused by ___ (Republic vs. CA)
What are the reasons why the option is given to the Article 457 NCC excludes all deposits caused by
landowner? __ because ___. (Vda. De Nazareno et. al vs. CA)
What becomes necessary when BPS has acted in In the absence of evidence that the change in the
good faith and theres a conflict between the course of the river was sudden, the presumption is
owners? (Depra vs. Dumlao) __ (Payatas Estate Improvement Co. vs. Tuason)
What does Article 450 provides? Effect of Public Service Constructions or
Easements on River Banks
Once the choice is made by the land owner, it is What does Article 458 NCC provides?
___. (Tayag vs. Yuseco)
What is the so-called workable solution (Grana What is the rule on estates adjoining ponds or
vs. CA) Explain. lagoons?
Is Article 448 mandatory? Define Pond, Lagoon and Lake

What are the alternative remedies of the parties? What is Avulsion (Article 459, NCC)

When do the alternative resources be resorted to? Why is avulsion also called force of the river? How
(Filipinas Colleges Inc. vs. Timbang) about delayed accession?
Who is a builder in good faith? What are the requisites of avulsion

What does Article 526 NCC provides? Define current, river, creek and torrent

Who is a builder in good faith? How much time does the owner need to remove his
property and why?
What is the rule in good faith and negligence? Alluvium vs. Avulsion

What are the kinds of accession natural? Reasons why owner needs to remove property

What is Alluvion/ Alluvium? (Article 457 458 NCC) In the absence of evidence, the presumption is the
change is ___ and was caused by ___ (CN Hodges
What is Accretion? vs. Garcia)
What is the rule on uprooted trees? (Article 460
Riparian owner vs. Littoral owner NCC)
If owners of uprooted trees claim them what and to
whom are they liable? What will happen to the owner of the accessory if
he does adjunction in bad faith?
The 6 month period in uprooted trees is a ___ and What are the forms of indemnity to owner of
not a __. When can an action be brought? material?
Describe the tree included in the provisions of What are the kinds of the mixture? Distinguish
Article 460 NCC each.
What if the tree that is carried away remained What is the rule if mixture is done by will of the
planted on a known portion of land, what is the owners?
rule? What is the rule if the mixture is caused by an
What if the owner of the land planted the tree that owner in good faith or by chance?
was cast can the owner of tree still recover it? What is the rule if the mixture is caused by one
Explain indemnification of owner of land upon owner in bad faith?
which uprooted tree may have been cast What is the rule if the mixture is caused with the
Rules in change of course of rivers knowledge and without the objection of the owner?
What is the rule if the mixture is done by
Requisites in change of course of rivers negligence of one of the parties?
What is the general rule if the owner of the principal
What is the meaning of river beds which are in specification is in good faith? Exception?
abandoned What is the rule if the owner of the principal in
What does in proportion to the area lost specification is in good faith but the owner of the
contemplate in the rule in change of course of material is in bad faith?
rivers? In specification, what is the option of the owner of
What does Article 462 provides? When does the the material if the owner of the principal is in bad
rule not apply? faith?
What is the rule in formation of island by branching What is the rule if the value of the work is more
off of a river? (Article 463, NCC) valuable than the value of the material?
When is there isolation? Separation? How is the indemnity of the material paid?

To who does the island formed by branching off of a What does Article 475 provides?
river belongs? Why?
What are the rules in formation of islands by Differentiate Adjunction, Mixture and Specification
successive accumulation of alluvial deposits?
When is a river navigable? What is an action to quiet title?

Basic principle in the right of accession with respect What is the purpose of quieting of title?
to personal property
Kinds of right of accession with respect to personal What is a cloud on a title?
property. Define each.
Requisites of adjunction What are the requisites for the existence of cloud?

Kinds of adjunction. Define each. What is the general rule in quieting of title?
Exception?
Tests to determine Principal in adjunction. Explain What is the nature of quieting of title?
each.
With reference to motor vehicle, what is the Kinds of action in quieting of title? Explain each.
principal?
What is the rule in which is the principal in terms of What are the reasons for allowing the action?
paintings and sculptures? Why? (Article 468, NCC)
Can special rules in principals and accessories be What are the requisites for an action to quiet title to
applied analogously? Why/why not? prosper?
Who is entitled of the property in adjunction in good What does Article 478 NCC provides?
faith by either owner? General rule? Exceptions?
What are the options of the owner of the accessory What are the requisites for an action to prevent a
if the owner of the principal does adjunction in bad cloud?
faith? What is the prescriptive period in quieting of title?
To what instances do the action to quiet title do not What is an alteration? What does it involve?
apply?
Why does an action to quiet title takes precedence For the purpose of legalizing the alteration of the
over an ejectment case? (Luzuriaga vs. Adil) common property, the consent may be either __ or
The possession of the actual possessor must be __ __. When is a co-owner deemed to tacitly consent
during the pendency of the case for quieting of title to such alteration?
(Balbecino vs. Judge Ortega) What are the effects of illegal alteration?
What are the duty of plaintiff to return benefits and
expenses? ____ of the co-owners may bring an action for
Difference of quieting of title, removing of cloud and ejectment (Art 487, NCC)
preventing a cloud: As to purpose Art. 487 NCC allows a co-owner to bring an action
Difference of quieting of title, removing of cloud and for ejectment which covers ___.
preventing a cloud: As to nature of action What will happen if the action is for the benefit of
Difference of quieting of title, removing of cloud and the plaintiff alone? (Adlawan vs. Adlawan)
preventing a cloud: As to nature of claims What is the general rule in partition? (Art. 494,
Difference of quieting of title, removing of cloud and NCC) Exceptions?
preventing a cloud: Filed against whom What is perpendicular ownership? (Art. 490, NCC)
What does Article 482 and 483 NCC provides?
What are the rules in the absence of contrary
What is the rule in ruinous buildings and trees in provision in the titles of ownership or agreement in
danger of falling as to buildings? perpendicular ownership?
What is the rule in ruinous buildings and trees in What are governed by majority of interests?
danger of falling as to trees?
What is co-ownership? (Art. 484, NCC) What are acts of administration or management?

By nature of co-ownership, why cant a co-owner When can minority appeal against majoritys
point to any specific portion of the property owned decision?
in common? (Avila vs. Sps. Barabat) Difference between administration and alteration
What are the requisites of co-ownership?
What is majority? (Art. 492, NCC)
What are the characteristics of co-ownership?
What are the limitations in the decision of a
What are the sources of co-ownership? majority?
What are the actions that require consent of co-
What is the difference of Co-ownership and owners and what is the consent needed?
Partnership? What are the rights as to the Ideal Share of each
What is the difference of Co-ownership and Joint co-owner? (Art. 493, NCC)
ownership? What is the rule of sale or mortgage of common
What are the rights of each co owner as to the property for the undivided portion?
thing owned in common? Explain each. What is the rule of sale or mortgage of common
What are the limitations of the right of co-owner to property for the definite portion?
use the thing in common? (Art. 486, NCC) What is the rule of sale or mortgage of common
Repairs for preservation may be made at will of property for the whole property?
ONE of the co-owners, but he must, if What is the rule of transactions of sale or mortgage
PRACTICABLE ____. (Art. 489, NCC) of common property? Explain.
The co-owners who should have been notified will Explain the right of co-owner to demand partition
not be required to contribute ___. What should they (Art. 494, NCC) What is the purpose of the right?
show? Explain the prohibition to partition because of an
What are the rules on renunciation? agreement
What is partition? (Avila vs. Sps. Barabat)
In renunciation made in favor of co-owners, when is
the creditors consent needed only? Under Art. 494 NCC, prescription does not run in
When is renunciation not allowed? favor of or against a ___. Why? Exception?
An agreement of partition though __ is valid and
binding upon the parties (Caro vs. CA)
Why is mere receiving of rents or profits, payment
of taxes, or construction of fence or building NOT
sufficient proof or exclusive or adverse possession?
(Laguna vs. Levantino)
Anyone of the co-owners can bring an action for
ejectment (Art. 487, NCC) How?
Redemption of the whole property by the co-owner
does not vest him __.
What is the scope of creditors or assignees in
rights/participation of creditors and assignees of the
co-owners in partition?
A, B, C are co-owners. A sold his share to X. Who
is entitled to participate in the partition?
Explain the right of notice in partition (De Santos
vs. BPI)
Explain the right to object or impugn in partition

The creditors or assignees cannot impugn any


partition already executed unless:
What is the rule in partition if the thing is essentially
indivisible and co-owners cannot agree?
Explain protection on the rights of third persons in
partition (Art. 499, NCC)
What are the effects of partition? (Art. 500-501,
NCC)
How is co-ownership extinguished?

What are the causes of extinguishment of co-


ownership?
What is a condominium? (Sec. 2, RA 4726)

What is a unit? (Sec. 3, RA 4726)

What is a condominium corporation?

What is included in the transfer or conveyance of a


unit? Explain rule.
When is the ownership of a condo unit acquired by
the buyer? (Sunset View Corp. vs. Campos)
What are the rights and obligations of condominium
owners/incidents of condominium grants (Sec. 7,
RA 4726)
What are common areas? (Sec. 3, RA 4726)

What is the general rule when it comes to common


areas of a condominium?
What are the grounds of partition of common areas
of condominium? (Sec. 8, RA 4726)