Quiz No. 13 (Aug 14) Quiz No.

14 (Aug 18)

1. Please indicate if the following belong to the state by “yes” or “no:” 1. Define possession under Art 523.
a) Rivers & their natural beds [True] - Possession is the holding of a thing or the enjoyment of a right.
b) Natural lakes & lagoons [True]
c) Subterranean or underground waters on private land [True] 2. Give the 4 degrees of possession & an example of each.
d) Continuous or intermittent water rising on private land [True] a) Mere holding without any right (possession by a thief)
e) Lakes & lagoon occurring in private lands [True] b) Possession with juridical title, but not that of an owner (possession by a lessee)
f) Rainwater falling in private land [True] c) Possession with a just title, but not from the true owner (sale of a car by
someone pretending to be the owner)
2. Give the 2 components of appropriation of water under the Water Code (PD d) Possession with a just title from the owner (buying property from real owner)
1067).
a) acquisition of rights over the use of waters 3. Give the 3 classes of possession.
b) taking or diverting of waters from a natural source a) In one’s own name or that of another
b) In the concept of owner & in the concept of holder
3. Define a water right & give the requirement to be able to exercise a water right. c) In good or in bad faith
- Water right is the privilege granted by the government to appropriate and use
water. It is evidenced by a document known as the Water Permit. 4. T or F
a) Possession by a tenant is possession in the concept of owner.
4. T or F - False
a) No water is needed for appropriation of water by handcarried receptacles, for b) A possessor in good faith is one who is not aware that there exists in his title
bathing or washing. or mode of acquisition a flaw which invalidates it.
- True - True
b) Only citizens of the Philippines may apply for a water permit. c) Good faith is always presumed.
- True - True
c) Water rights may be leased, transferred in whole or in part with prior d) Possession may be acquired by mere tolerance.
approval of the National Resources Council. - False
- True
d) A permit is needed for the emission of a stream or lake, for development of a 5. A bought properties form B, after having been warned by a friend C, that B’s title
hot spring for recreational purposes. was defective. But A did make any investigation to verify such information. Is A
- True considered a vendee/possessor in good faith? Explain.
e) Owners of the land affected by change of course of rivers are entitled to No, A is not a possessor in good faith.
compensation for damages sustained if the govt. restores or reverts the
original course of the river. Under the law, a possessor in good faith is one who is not aware that there is a
- False flaw in his title or mode of acquisition that invalidates it.
f) The limited jurisdiction of the National Water Resources Council does not
extend to conflicting rights over real properties. In the case at bar, A was warned that his title is defective. A prudent man
- True should have investigated to verify such information. A did not do so. So, he
cannot claim good faith.
Quiz No. 15 (Aug 25)
1. Give the 3 ways by which possession may be acquired under Art 531.
a) By material occupation of a thing or exercise of a right
b) By the fact that it is subject to the action of our will
c) By constructive possession of acts & legal formalities
2. Give the 3 parties who may acquire possession under Art 532.
a) The same person who is to enjoy it
b) By his legal representatives
c) By any person without any power, subject to ratification
3. Give the legal effects/consequences on one who succeeds by hereditary title
under Art 534:
a) When the possession of the decedent was wrongful (bad faith)
- Successor shall not suffer the consequences of the wrongful possession of
the decedent.
b) When the decedent was in good faith
- The effects of possession in good faith shall not benefit the successor,
except from the date of the decedent’s death.
4. T or F
a) Minor or incapacitated persons may acquire possession of things, but to
exercise their rights they need the assistance of their legal representatives.
- True
b) One who validly renounces an inheritance is deemed never to have possessed
the same.
- True
c) A squatter’s possession without violence is by mere tolerance.
- True
5. Give the 4 ways by which possession may not be acquired.
a) Force or intimidation
b) Tolerance
c) Clandestine possession without knowledge
d) violence
6. Give the 4 rules or criteria in case of conflict or dispute regarding possession.
a) Present possessor shall be preferred.
b) If both are present, the one longer in possession.
c) If both started to possess at the same time, the one who presents a title.
d) If both present a title, the court shall determine.
Quiz No. 16 (Aug 28)
1. State the general principle on the effect of possession under Art 539.
- Every person has right to be respected in his possession; and if such possession
is disturbed, he shall be protected in or restored to said possession by law &
the rules of court.
2. T or F
a) Only possession acquired & enjoyed in the concept of holder can serve as title
for acquiring dominion.
- False
b) A possessor in the concept of owner has in his favor a legal presumption that
he possesses it with a just title.
- True
c) The possession of real property presumes that of the movables therein.
- True
3. Give the 3 kinds of title & define each with examples.
a) True & Valid Title – a title where there was a mode of transferring ownership &
the grantor was the owner. (Example: the sale of a car & the delivery thereof by
the owner himself)
b) Colorable Title – although there was a mode of transferring ownership,
something is wrong with the title because the grantor is not the owner.
(Example: the sale of a car & delivery thereof by someone not the owner)
c) Putative Title – a title where someone believes himself to be the owner, when
in fact he is not because there was no mode of acquiring ownership. (Example:
possession of a piece of property in the mistaken belief that it had been
inherited by him)
4. A, in good faith, possessed land & received its fruits. In 1990, he was summoned
to court. But in the meantime he collected the fruits. Should she return the value
of said fruits?
Yes, he should return the value of the fruits he had collected but only after 1990.
Under the law, a possessor in good faith is entitled to the fruits received before the
possession is legally interrupted.
 ii. After receipt of judicial summons:
In this case, there was a legal interruption in 1990 & the possessor still collected the a. Loss or deterioration thru fortuitous event – Not liable.
fruits. Thus, he must return the value of the fruits he had collected after 1990. b. Thru fraudulent intent or negligence – Liable.

5. Give the rights of a possessor in the concept of owner as to necessary expenses: b) A possessor in bad faith before & after judicial summons
a) If in good faith: - Whether before or after receipt of judicial summons, & whether thru
- He is entitled to Refund & Retention of premises. fortuitous event or not, the possessor is liable.
b) If in bad faith
- He is entitled to Refund only. 2. Give the rules on acquisition of possession of a movable as to the general rule,
exception & exception to the exception as to a possessor as follows:
6. Give the rights of a possessor as to useful expense. a) In good faith:
a) If in good faith - As a general rule, possession of movable is equivalent to a title. The owner
i. He is entitled to Reimbursement of either the amount spent or the increase may recover but must reimburse possessor.
in value at owner’s option.
ii. Retention Exception: It is not equivalent to a title when the owner had lost or had
iii. Removal, provided no substantial damage or injury is caused to the been unlawfully deprived of it. Owner can recover without reimbursing.
principal
b) If in bad faith Exception to the exception: It is equivalent to a title even if the owner had
- He is not entitled to any right. lost or had been unlawfully deprived of it but the possessor acquired it in
good faith at a public sale. Owner can recover but must reimburse.
7. Give the rights of the possessor in the concept of owner regarding fruits:
a) If in good faith: b) In bad faith:
i. Gathered or severed or harvested fruits - Possession of movable is never equivalent to a title. Owner can recover
- are his own. without reimbursement.
ii. Pending or ungathered fruits
- must be pro-rated between the possessor, owner of expenses, net 3. Give the rule when the owner cannot recover even if he offers to reimburse
harvest & charges. whether or not the owner had lost or been unlawfully deprived of the thing.
b) If in bad faith: - Owner cannot recover the thing if the possessor acquired it in good faith by
i. Gathered fruits purchase from merchant’s store or in fairs or markets.
- He must return the value of the fruits received as well as the value
of fruits which the owner could have received with due care minus 4. A purchased in good faith a stolen car. The owner B now wants to get it back, but
necessary expenses. he does not want to reimburse A for the price he had paid. Can A demand
ii. Pending or ungathered fruits reimbursement?
- He has no rights at all. - No, A cannot demand reimbursement.

Quiz No. 17 (Sep 1) Under the law, possession of a movable is not equivalent to a title when the
owner of the thing had lost it or had been deprived of it.
1. Give the liability for loss or deterioration of the thing possessed by the following:
a) A possessor in good faith before & after judicial summons
i. Before receipt of judicial summons – Not liable.
 In this case, B had been unlawfully deprived of his car. Thus, A’s possession of Limitation: All contracts entered into as usufructuary shall terminate upon
said car is not equivalent to a title. expiration of usufruct. The lease must not extend to a period longer than that
of the usufruct, unless the owner consents.
Therefore, A cannot demand reimbursement.
Exception: Leases of rural lands
5. Define usufruct under Art 562.
- Usufruct gives a right to enjoy the property of another with the obligation to 4. If the usufruct includes things which are non-consumable, give the effects of
preserve its form & substance, unless the title constituting it, or the law deterioration on the thing on the liability of the usufructuary under Art 573 due
otherwise provides. to:
a) Wear & tear
6. T or F Usufructuary has the right to make use of the things in accordance with the
a) With respect to hidden treasure which may be found on the land or purpose for which they are intended. If those things deteriorate because of
tenement, a usufructuary shall be considered a stranger. normal use, the usufructuary is not responsible.
- True b) Fraud & negligence
b) Natural or industrial fruits growing at the time the usufruct begins belong to If the things deteriorate because of fraud or negligence, the usufructuary is
the owner, while those growing at the end of the usufruct belong to the responsible.
usufructuary.
- False 5. Distinguish between the obligations to return by the usufructuary when the
c) All contracts entered into by the usufructuary shall terminate upon expiration usufruct includes the following under Art 573 & Art 574:
of the usufruct except leases of rural lands. a) Non-consumable
- True 1. When the things deteriorate through wear & tear, the usufructuary is not
be obliged to return them at the termination of the usufruct except in their
Quiz No. 18 (Sep 4) condition at that time;
2. But he shall be obliged to indemnify the owner for any deterioration they
1. Give 3 things which a usufructuary has the right to enjoy under Art. 570.
may have suffered by reason of his fraud or negligence.
a) Accessions (artificial or natural)
b) consumable
b) Servitudes & easements
The usufructuary has the right to make use of them but at the end of the
c) All benefits inherent in the property
usufruct he must:
1. pay their appraised value, if they were appraised when delivered, or
2. Give the rights of usufructuary under Art 572 with respect to the ff:
2. if there was no appraisal, he has to return the same quantity and quality, or
a) The thing itself
pay their current price at the time the usufruct ceases.
1. He may personally enjoy the thing (entitled to possession & fruits).
2. He may lease the thing to another.
b) The right itself 6. For a usufructuary of an action to recover real property or real right or any
1. He may alienate usufructuary right, except a legal usufruct. movable, what are the 2 items which the naked owner must give him under Art
2. He may pledge or mortgage usufructuary right, but not the thing itself since 578?
he does not own the thing. a) Authority to bring the action, usually a special power of attorney
b) Proofs needed for recovery
3. Give the limitation imposed under Art 572 on all contracts entered into by the
usufructuary & the exception to the limitation.
7. Under Art 579, a usufructuary had the right to make useful & luxurious - Caucion Juratoria is the promise, under oath, & a sworn duty to take good care of
improvements. Give the 2 actions a usufructuary is not allowed to do & the 2 the property & to return the same at the end of usufruct.
actions he may do.
a) Actions usufructuary is not allowed to do: 11. Identify who shall pay the following (naked owner or usufructuary):
1. He must no alter the form & substance of the property in usufruct. a) Annual charges on the fruits - Usufructuary
2. He is not entitled to refund. b) Annual taxes on the fruits - Usufructuary
b) Actions he may do: c) Land taxes on or real property tax - Naked owner
1. He may remove the improvements if no substantial damage to property in
usufruct is caused; or Quiz No. 19 (Sep 8)
2. Set off the improvements against damages for which he may be liable.
1. Give the right & obligation of the usufructuary upon termination of the usufruct.
a) He must return the property to the naked owner.
8. T or F
b) He has the right to:
a) A purchaser of property must respect the usufruct in case it is registered or
1. retain the properties till he is refunded for taxes on capital & indispensable
known to him, otherwise he can oust the usufructuary which can look to the
extraordinary repairs or expenses.
naked owner for damages.
2. remove removable improvements or set off such against damages he has
- True
caused.
b) The legatee or devisee shall respect any existing usufruct on property subject
of the devise or legacy.
2. Give the 2 parties to an easement.
- True
a) Dominant estate
c) The usufructuary shall take care of the thing given in usufruct with
b) Servient estate
extraordinary diligence.
- False
3. Classify the estates as to:
d) The usufructuary is obliged to make ordinary repairs on the thing given in
a) Party given the benefit
usufruct.
1. Real 2. Personal
- True
b) Manner they are exercised
e) The naked owner is obliged to make extraordinary repairs on the thing given
1. Continuous 2. Discontinuous
in usufruct.
c) Whether their existence is indicated
- True
1. Apparent 2. Non-apparent
d) Purpose or nature of limitation
9. Give the obligation of a usufructuary before entering upon the enjoyment of the
1. Positive 2. Negative
property under Art 583.
e) Source of origin
a) To make, after notice to the owner or his legitimate representative an
1. Voluntary 2. Mixed 3. Legal
inventory of all the property, which shall contain an appraisal of the movables
and a description of the condition of the immovables;
4. Identify the following kinds of easement (except legal easement):
b) To give security, the movables must be appraised in view of loss or
a) A permanent path - Apparent
deterioration.
b) Easement of lateral & subjacent support - Non-apparent
c) Easement of light & view on party wall - Positive
10. Define caucion juratoria.
d) Easement of light & view on one’s own wall - Negative
 5. T or F b) If the passage is temporary
a) Easements shall subsist until registration of the title of the servient estate - Pay for damages caused.
without annotation or registration of the easement.
- True 3. Indicate if indemnity is paid or not in the following cases by “Yes” or “No”:
b) Continuous & apparent easements are acquired either by title or prescription a) If the enclosing estate is that of the grantor (seller) [No]
of 10 years. b) If the enclosing estate is that of the donor [Yes]
- True c) If the enclosed estate is that of the grantor [Yes]
d) If the enclosed estate is that of the donor [No]
6. Give the dates from which prescription shall start on the following:
a) Positive easement 4. T or F
- Start counting from the day the dominant estate began to exercise it. a) The easement of party wall should be governed primarily by the rules on co-
b) Negative easement ownership.
- Start counting from the time the material prohibition was made on the - True
servient estate. b) No person may without the consent of the others, open through the party
wall any window or aperture of any kind.
7. A & B are neighbours. On his bldg wall, A opened a window beneath the ceiling - True
joists to admit light in 2002. A made a notarial prohibition in 2004. May B still c) Easement of light consists of small windows at the height of the ceiling joist
close the obstruction in 2005? while easement of view are full or regular windows overlooking the adjoining
- Yes, B can still obstruct 2005. estate.
- True
Under the Civil Code, the prescription for negative easement is 10 years. Since d) The easement of light & view is positive if it is thru a party wall while the
the notarial prohibition was made in 2004, it is only in 2014 when A could have easement of light & view thru one’s own wall, that is, thru the wall of the
acquired negative easement of light & view. After 2014, B may no longer dominant estate is negative.
obstruct. - True
e) The distance of 2 meters is required between the wall on which regular
Thus, in 2005 B can still obstruct. window is made & the adjoining land.
- True
Quiz No. 20 (Sep 11) f) Only restricted windows under Art 669 may be opened if the 2-meter distance
is not observed.
1. Give the 5 essential requisites of the easement of right of way.
- True
a) The property is surrounded by the estates of others.
b) There is no adequate outlet to a public highway.
5. A & B own a party wall. A, without the consent of B, made an opening on the
c) There must be payment of the proper indemnity (the amount may be refunded
party wall on November 25, 2010. In 2013, may B still close the opening? Explain.
when the easement ends).
- Yes, B may still close the opening.
d) It must be established at the point least prejudicial to servient estate.
e) The isolation must not be due to the proprietor’s own acts.
Under the law, no part-owner may, without the other’s consent, open thru the
party wall any window or aperture of any kind. Also, the period of prescription
2. Give the proper indemnity on the right of way on the following cases:
of 10 years for the acquisition of an easement of light & view shall be counted
a) If the passage is permanent
from the time of opening of the window, if it is thru a party wall.
- Pay the value of land occupied by the path plus damages.
 b) A private person may file an action on account of a public nuisance, if it is
In the case at bar, A made an opening on the party wall without B’s consent in especially injurious to him.
2010. B can order the closing of the opening in 2013 since the time for - True
prescription f 10 years from the opening the window has not elapsed yet. 3. Give the 3 remedies against a public nuisance.
a) Criminal prosecution, under the Penal Code or local ordinances
6. In the preceding case, can B close the window on November 26, 2020? Explain. b) Civil action
- No, B cannot close the window on November 26, 2020 anymore since a c) Abatement, without judicial proceedings
sufficient time for prescription has elapsed, that is, 10 years from the opening
of the window.
4. Give the 2 remedies against a private nuisance.
7. A owns an orchard of mango trees, some of the branches of which extend over a) Civil action
the land of B. b) Abatement, without judicial proceedings
a) Can B gather the mango fruits on the branches extending to his land?
- No, B cannot gather the fruits on the branches. 5. What is annotated on the Registry of Property?
- Annotated in the Registry of Property are acts or contracts relating to
Under the law, fruits naturally falling upon adjacent land belong to the ownership & other rights over immovables.
owner of the said land. Hence, B has no right to gather since the fruits have
6. Give the 7 modes of acquiring ownership under Art 712.
not yet naturally fallen on his land.
b) Can B cut off the roots of the mango trees which penetrated his land? a) Occupation
- Yes, B can cut off the roots that penetrated his land. b) Creation or work
c) Succession
Under the law, if the roots of a neighboring tree should penetrate into d) Donation
another’s land, the latter may cut off himself the roots within his property. e) Prescription
Thus, B can cut off the roots himself. f) Law
g) Tradition, as a consequence of certain contracts
8. Give the 2 kinds of nuisance under Art 695.
a) Public nuisance
b) Private nuisance 7. Give the 3 things that can be acquired by occupation.
a) Things appropriable which are without an owner
Quiz No. 21 (Sep 18) b) Hidden treasure
1. State the Attractive Nuisance Doctrine. c) Abandoned movables
- One who maintains on his estate an attractive nuisance without exercising due
care to prevent children from playing therewith, is liable to a child of tender 8. T or F
years who gets injured thereby even if the child is a trespasser in the premises. a) The ownership of a piece of land cannot be acquired by occupation, but it can
be acquired by prescription. [True]
2. T or F
b) In the absence of recording of a contract in the Registry of Property,
a) The action to abate a public nuisance is not extinguished by prescription.
- True knowledge thereof is equivalent to registration. [True]
Quiz No. 22 (Sep 22) Quiz No. 23 (Sep 25)

1. Give the 3 elements of donation under Art 725. 1. T or F

a) Donation is an act of liberality a) Donations may be made to minors & conceived & unborn children, provided
b) Whereby a person disposes of a thing or right, gratuitously that acceptance is done by parents or legal rep. under Arts. 741 & 742.
c) In favor of another, who accepts it - True
b) Donation of the same thing to 2 or more different donees shall be governed
2. Give the 3 classes of donation & define each. by the provisions on double sale.
a) Simple donation – the cause here pure liberality, no strings attached. - True
b) Remuneratory (of the 1st kind) – the purpose here is to reward past services, c) A donation must be accepted personally by the donee or an authorizes
with no strings attached. person with a special power of attorney otherwise the donation is voidable.
c) Remuneratory (of the 2nd kind) – the purpose here is to reward future services, - False
or because of certain future burdens or charges, when the value of said
services/burdens/charges is less than the donation value-. 2. A donated to B a refrigerator worth P15,000 orally. Is the donation valid?
- The donation is not valid.
3. Give the distinctions between donation inter vivos & mortis causa as to:
Under the law, donation of a movable whose value exceeds P5,000 & the
Donation Inter vivos Mortis causa acceptance thereof, must be made in writing. Otherwise, the donation is
a) Effectivity During donor’s lifetime After donor’s death void.
b) Formalities Follow the formalities of Follow formalities of wills or
donation codicils
In this case, the donation of a refrigerator worth P15, 000 was made orally.
c) Revocability Cannot be revoked, except for Can be revoked at any time &
grounds provided for by law for any reason while donor is
Hence, the donation is not valid.
still alive
d) In case of impair- Preferred Reduced ahead of donations 3. A donated to B real property located in Bacong worth P700,000 in a private
ment of legitime inter vivos, the latter being instrument. Is the donation valid?
preferred - The donation is not valid.
e) Transfer of right of Completely transferred to While donor is still alive,
disposition donee cannot be transferred to donee Under the Civil Code, for a donation of immovable to be valid, it must be
f) Acceptance by donee During donor’s lifetime Done after donor’s death
made in a public document specifying therein the property donated & the
value of charges which the donee must satisfy.
4. T or F
a) The donation is perfected from the time the donor knows of the acceptance In the case at bar, real property was donated in a private instrument. This is
by the donee. against the above provision of the Code. Thus, the donation is not valid.
- True
b) Guardians & trustees cannot donate the property entrusted to them.
4. T or F
- True
a) Donation of real property in a private instrument is null & void. [True]
c) The donor’s capacity shall be determined upon acceptance thereof by the
b) Donation can include future property. [False]
donee.
c) There is a right of accretion between husband & wife in case of donations
- False
made to husband & wife jointly. [True]

5. In case a donation is made to several persons jointly, give the 2 legal effects under
Art 753.
a) It is understood to be in equal shares, and
b) There shall be no right of accretion among them, unless the donor provided
otherwise.
6. Give the 2 rules when the donation imposes a stipulation that the donee shall pay
the debts in a donation under Art 758.
a) Pay only for prior debts
b) Pay only for debts less than or equal to the value of property donated
7. Give the rule when the donation imposes no such stipulation to pay the debt.
- The donee is not required to pay, except when the donation is made in fraud of
creditors.
Quiz No. 24 (Sep 29)
1. Give the 3 grounds for revocation or reduction of donations inter vivos under Art
760 where the donor has no children or descendants, legitimate or legitimated or
illegitimate.
a) Birth of donor’s legitimate, legitimated or illegitimate child
b) If the donor subsequently adopts a minor child
c) Appearance of a donor’s child who was believed to be dead
2. T or F
a) Art 760 on revocation or reduction of donation applies only to donations inter
vivos & not donation propter nuptias or donations mortis causa.
- True
b) Adoption referred to under Art 760 refers to judicial adoption of a minor
child.
- True
c) The action for revocation or reduction shall prescribe after 10 years from the
time of happening of the grounds laid down under Art 760.
- False
3. What must the donee do if the donation is reduced in the following cases:
a) If the property is still with him
- Return the property.
b) If the property has been sold
- Give to the donor the value of the property.
c) If the property has been mortgaged
- Donor may pay off the debt and ask the donee for reimbursement.
d) If the property cannot be returned
- Return the value of the property, estimated during the time of the
donation.
4. A donated a motorcycle to B, his bestfriend. Later B committed acts of
lasciviousness against his his 20-year-old daughter. A wants to revoke the
donation. May he do so?
- A may or may not revoke the donation to B.
Under the law, donations may be revoked, by reason of ingratitude, if
donee should commit some offense against the person, honor or property
of the donor, or of his wife or children under his parental authority.
In this case, the donee committed an offense against the donor’s 20-year-
old daughter. A may revoke the donation if the daughter is still under his
parental authority eventhough she is at the age of majority. But if she is not
anymore under his parental authority, A cannot revoke the donation to B.
5. T or F
a) When the donation of property is revoked on grounds of ingratitude, any
mortgage & alienations effected on the property before notation of the
complaint for revocation shall subsist.
- True
b) An action to revoke a donation by reason of ingratitude cannot be renounced
in advance.
- True
c) Only those who at the time of the donor’s death have a right to the legitime &
the heirs & successors-in-interest may ask for reduction of inofficious
donations & not the donees, devisees & legatees.
- True