MCQs IN PROPERTY

Choose the letter of the correct answer.

1. Arman is the lessee of a commercial unit he is using as an office and residence. He installed wall-to-
wall carpeting in his unit. The wall-to-wall carpet is classified as real property by:
a. Incorporation
b. Destination
c. Nature
d. Analogy
2. The rights of a co-owner include:
a. Prohibit partition as to his ideal share.
b. Substitute another person in the enjoyment of his part.
c. Exercise the right of conventional redemption if share of one co-owner is sold to a stranger.
d. Renounce so much of his interest on the co-owned property equivalent to the taxes/charges he
can contribute to.
3. Under Art. 448, a landowner in bad faith is one who
a. Does not know somebody is building on his land.
b. Is aware of a flaw or defect in his title.
c. Knows somebody is building on his land and does not object to the construction.
d. Does not pay taxes/charges/burdens of his own land.
4. The requisites of the right of self-help include:
a. Actual or threatened physical invasion of his own property.
b. Exercised by any person defending the property against a usurper/intruder.
c. Invasion or usurpation must be lawful.
d. Exercised at a time reasonably necessary to recover the property.
5. The requisites of avulsion include:
a. Segregation must be caused by the current of a river, sea or lake.
b. Current of the river must be gradual and imperceptible.
c. Segregated portion of land must be known or identified.
d. Riparian owner to which accretion attaches becomes owner of segregated land.
6. Under the Doctrine of State of Necessity,
a. There is an imminent danger to the actor or 3rd person.
b. There is no interference to another’s property to avert such danger and damage.
c. Said damage is much lesser than damage to the property.
d. The actor need not pay indemnity to owner of property because the interference is due to self-
preservation.
7. If an island is formed by accretion on non-navigable and non-floatable river, the island shall
a. Belong to no one because it was formed naturally by the current of the river.
b. Belong to the state.
c. Be divided in halves if the island is in the middle of the river, ½ to the State, the other half, to the
riparian owner nearest the island.
d. Belong to the riparian owner nearest the island.
8. Partition may NOT be granted if prohibited by
a. The testator/donor for a period exceeding 20 years.
b. Agreement of the parties for a period exceeding 10 years.
c. The co-owners for preservation of the property for a period exceeding 20 years.
d. Law.
9. Arthur is the owner of a painting. He lent it to his friend Benjie who attached the painting on the wall of
his house as an ornament during the blessing of Benjie’s house with the promise to return it within 2
days after the house blessing. What is the nature of this painting?
a. Movable, because the painting was placed in the tenement not by the owner thereof.
b. Movable, because there was no intention to attach the painting permanently to the tenement.
c. Immovable, because the owner of the painting gave consent to have it attached to the tenement
of another.
d. Immovable, because the painting was attached to the tenement for the utility it gave to the
activity (house blessing) conducted thereon.
10. Mario owns a parcel of land adjoining the bank of a river. The land at the opposite bank is owned by
Nonoy. Both lands are titled in the names of Mario and Nonoy. The river suddenly changed its natural
 course and the new river passed through more than ½ of the land of Nonoy. Who should validly own
the abandoned river bed?
a. Mario, because he is the riparian owner nearest the abandoned river bed and can make better
use of the same.
b. Nonoy, because he lost ½ of his land due to the change in the course of the river.
c. The government, because rivers are property of the public dominion.
d. The State, because the river is used by the State in its governmental capacity.
11. The following are obligations of a usufructuary, except:
a. Give security/bond/caucion juratoria.
b. Make an inventory of the property held in usufruct.
c. Notify the owner of the need for ordinary repairs for preservation of the property held in usufruct.
d. Notify the owner of any act of a 3rd person prejudicial to the rights of ownership.
12. The grounds for revocation of a donation inter vivos include the following, except:
a. Ingratitude of the donee.
b. Inofficiousness of the donation.
c. Non-compliance with a condition imposed by the donor.
d. Birth, adoption or re-appearance of the child of the donor.
13. An original mode of acquiring ownership includes
a. Donation inter vivos
b. Intellectual creation
c. Prescription
d. Tradition
14. The servient estate owner CANNOT
a. Change the place and manner for the exercise of the easement.
b. Make use of the easement, unless allowed by stipulation of the parties.
c. Be required to contribute to the expenses, even if he uses the easement.
d. Be deprived ownership and possession of the estate burdened with the easement.
15. A donation inter vivos
a. Takes effect during the lifetime of the donor and the donee.
b. Preferred in case of absence of impairment of legitimes of compulsory heirs.
c. Void should the donor survive the donee.
d. Right to dispose of the property donated is retained by the donor during his lifetime.
16. Possession is
a. A derivative mode of acquiring ownership.
b. An original mode of acquiring ownership.
c. Not a mode of acquiring ownership.
d. Always in the concept of an owner to be valid and lawful.
17. Property is considered movable if it
a. Cannot be transferred from place to place.
b. Is excluded from the enumeration under Art. 415 of the Civil Code.
c. Is attached to an immovable and will be damaged/injured when separated therefrom.
d. Is attached by the agent of the owner of the tenement to an immovable with the intention to
attach it permanently.
18. Elated that her sister Ana who had been married for ten years was pregnant, Belinda donated
P100,000.00 to the unborn child. Ana was ecstatic in thanking her sister when they talked while
shopping for baby clothes at the SM MOA. Ana gave birth after 7-1/2 months of pregnancy on June 1,
2009. Unfortunately, the baby died 21 hours after delivery. May Belinda recover the P100K she
donated to the baby?
a. Yes, because the donation did not comply with the formalities of law.
b. Yes, because the donation was made to an incapacitated person.
c. No, because the baby was considered born for all purposes favorable to him.
d. No, because the donation is considered irrevocable having been accepted by the person who
has legal representation for the baby.
19. Edwin was the owner of an agricultural land with no access to a public road. He has been passing
through the land of Franco with the latter’s acquiescence for more than 30 years. Subsequently, Edwin
subdivided his property into 20 residential lots and sold them to different persons. Franco blocked the
pathway and refused to let buyers pass through his land. Can this pathway be closed by Franco?
a. Yes, as seller, it should be Edwin and not Franco who must give the right of way to the buyers.
 b. No, because Edwin has already acquired the easement of right of way having been allowed to
use the pathway for more than 30 years.
c. Yes, because Edwin did not acquire the easement of right of way, hence, he cannot transmit
such right to the buyers of his lot.
d. No, because the buyers are in GF and the easement of right of way is perpetual.
20. Based on the given facts above, what are the rights of the lot buyers, if any?
a. To compel Edwin to give them a right of way without payment of indemnity.
b. To compel Franco to give them a right of way without payment of indemnity.
c. To go to court to compel Edwin to give them a right of way subject to the payment of indemnity
d. To go to court to compel Franco to give them a right of way subject to the pavement of
indemnity.
21. Anton, Bernie and Caloy are brothers. They purchased from their parents specific portions of a parcel
of land as evidenced by 3 separate deeds of sale, each deed referring to a particular lot in metes and
bounds. When the deeds were presented for registration, the Register of Deeds of Manila could not
issue separate certificates of title due to the absence of a subdivision plan, hence, only 1 title was
issued in the name of the three brothers. Anton, Bernie, and Caloy each receive the fruits exclusively
from the lot actually purchased by each of them. Later, Anton sold his lot to Dencio, with verbal to his
brothers. To enable Dencio to secure a new title in his name, the Deed of Sale was made to refer to an
undivided interest in the property of Anton, with the metes and bounds of the lot being stated. Bernie
and Caloy reacted violently to the sale conducted by Anton signifying their exercise of the right of
redemption as co-owners of the lot. May Bernie and Caloy still redeem the lot sold by Anton to Dencio?
a. Yes, because a co-owner may exercise the right of legal redemption within 30 days from written
notice to them by the seller.
b. No, because there is no longer any co-ownership between the brothers as specific portions
were sold to them by their parents.
c. Yes, because there was only one (1) certificate of title covering the property and such title was
issued in the name of the brothers as co-owners.
d. No, because Dencio was a buyer in good faith who did not have any notice of any defect in the
title of his seller, Anton.
22. Alice and Boyet are owners of neighboring estates. Both of their lots are titled in their respective
names. Both of them also constructed their houses on said lots. In 1998, Boyet constructed windows on
his own walls which do not extend to Alice’s property. May Alice demand from Boyet that all these
windows be closed?
a. Yes, because the windows will intrude into the privacy and security of Alice.
b. No because opening the windows on his own walls is an attribute of ownership of Boyet which
must be respected.
c. Yes, because Boyet did not secure first the consent of Alice prior to the construction of the
windows.
d. No, because Boyet already acquired the easement of light and view since he owned the house
and lot where the windows were opened.
23. Considering your answer above, within what period may Alice close the windows opened by Boyet?
a. Within 10 years from the opening of the windows.
b. Within 10 years from the issuance of a notarial prohibition.
c. At any time convenient to Alice because the right to close the opening made by Boyet is
imprescriptible.
d. She cannot close the windows anymore because they were opened on the dominant owner’s
own wall which does not extend to Alice’s property.
24. Carmelo built a house on his own land using the materials of Daniel. After 6 months, Carmelo sold his
house and lot to Efren. Daniel remained unpaid for the value of the materials which he provided to
Carmelo for the construction of the house. Against whom will Daniel have a right of action for the value
of the materials?
a. Against Carmelo because he was primarily responsible for using Daniel’s materials.
b. Against Carmelo since he was a builder in BF.
c. Against Efren because he was a buyer in BF.
d. Against Efren since it was he as buyer who benefited from the accession.
25. Artemio, a drug user, and his family reside in a small bungalow constructed on the lot that he owns
located in Pasay City. He and his sons sell shabu and marijuana in their house. When the police
discovered the illegal trade, they immediately demolished the house because according to them, it was
a nuisance per se. Can this demolition of the house be sustained?
 a. Yes, because the house is a nuisance per se that could be abated summarily.
b. Yes, because selling shabu and marijuana is illegal, hence, the need to stop the trade
immediately.
c. No, because the house is not a nuisance per se or at law as it not an act or omission which is a
nuisance at all times and under all circumstances.
d. No, because the policemen did not first secure search warrants and warrants of arrest before
they abated the nuisance.
26. Peter and Paul are brothers. Peter migrated to Australia and worked as an engineer there. Paul stayed
in Laguna, took care of their widowed mother and continued to work on the family farm even after the
death of their mother intestate. Returning to the Philippines some thirty years after he left, Peter seeks
the partition of their farm to get his share as the only co-heir and co-owner of Paul. May Peter still claim
½ of this farm as co-owner of Paul?
a. Yes, because prescription does not lie against a co-owner unless there is repudiation by the
other co-owner.
b. Yes, because the right to demand partition is always imprescriptible and cannot be barred by
laches.
c. No, because extra-ordinary prescription has already set-in and Paul became the full owner of
the farm after possession for more than 30 years.
d. No, because non-user for more than 10 years shall be considered as renunciation of the co-
owner as to his share in this farm.
27. Percival cultivated a parcel of land and planted it to sugar cane, believing the land to be his own. When
the crop was 8 months old and harvestable after 2 more months, a re-survey of the land showed that it
really belonged to Sonny. What are the options available to Sonny?
a. Compel the removal of the sugar cane planted on his land.
b. Compel Percival to buy the portion of the land belonging to Sonny which he planted with sugar
cane even if the price of the land is considerably more than the value of the sugar cane.
c. Appropriate the sugar cane planted on his land after playing Percival the indemnity provided
under Art. 546.
d. Appropriate the sugar cane planted on his land even without paying Percival any indemnity.
28. The following constitute extinguishment of usufruct, except:
a. Death of the naked owner.
b. Death of the usufructuary.
c. Renunciation of the usufructuary.
d. Merger of the usufruct and ownership in the same person.
29. Extinguishment of easement include:
a. Renunciation by the servient estate owner.
b. Non-fulfillment of the condition, if the easement is conditional.
c. Continuation of the term, if the easement is temporary.
d. Non-use for ten years.
30. Celso is a possessor in bad faith of a lot with a house erected on it and several fruit-bearing trees
planted on the lot. In case of loss or deterioration of all these properties, Celso shall be liable
a. Only after receiving judicial summons.
b. Only in case there is negligence on his part.
c. In every case, either through his negligence or due to a fortuitous event.
d. Only before receiving judicial summons, in case of negligence or due to a fortuitous event.
31. Quieting of title is an action
a. Quasi in rem.
b. In rem.
c. In personam.
d. Interdictal.
32. Spontaneous products of the soil and young of animals are considered
a. Civil fruits.
b. Natural fruits.
c. Industrial fruits.
d. Productive fruits.
33. A builder in bad faith is always liable
a. To pay rent to the landowner in GF.
b. To demolish or remove the building he constructed.
c. To pay damages to the landowner in GF.
 d. To vacate the premises.
34. In a co-ownership, an act of alteration requires the consent of
a. All the owners.
b. The financial majority.
c. The simple majority.
d. Any one of the co-owners.
35. The requisites of alluvium are the following, except
a. Soil deposit should be gradual and imprescriptible.
b. Cause is the current of the river.
c. River must continue to exist.
d. Increase must be comparatively little.
36. A house of prostitution where minors trade their bodies for money is
a. A nuisance per se.
b. A nuisance per accidens.
c. An attractive nuisance.
d. A private nuisance.
37. The requisites for a legal easement of right of way include the following, except
a. Isolation must not be due to claimant’s own act.
b. Claimant must be the owner of the enclosed estate.
c. Established at a point adequate and convenient to the dominant estate owner.
d. Absolutely necessary for the use of dominant estate owner.
38. Which is more burdensome to the owner of the immovable, easement or usufruct?
a. Usufruct, because the usufructuary enjoys the possession and fruits of the property.
b. Easement, because the servient estate owner is compelled to allow the use of his property by
the dominant estate owner.
c. Usufruct, because the usufructuary may abuse the use of the property.
d. Easement, because it is always enforceable even without any agreement between the parties.
39. Abigail gave Belinda a tiffany diamond ring worth P20,000.00 as a graduation gift. Belinda accepted the
ring with utmost gratitude. Three weeks later, they had a serious quarrel. Abigail demanded the return
of the ring but Belinda refused to heed said demand. This donation is considered
a. Valid, because there was donative intent and delivery of the ring by the donor to the donee.
b. Void, because the value of the personal property donated exceeded P5,000.00 and the
donation and acceptance were not in writing.
c. Valid, because there was simultaneous delivery to and acceptance by the donee of the donated
personal property.
d. Void, because the value of the personal property donated exceeded P5,000.00 and the
donation and acceptance were not in a public instrument.
40. Which of the following is NOT a mode of acquiring ownership of property?
a. Occupation
b. Donation inter vivos
c. Intellectual Creation
d. Contract of Sale
41. Property of the public dominion are characterized by the following, except:
a. Within the commerce of man.
b. Cannot be acquired by prescription.
c. Can be used by everybody without any discrimination.
d. Cannot be subject to execution, levy, attachment or garnishment.
42. Intellectual creation is
a. A derivative mode of acquiring ownership.
b. An original mode of acquiring ownership.
c. Not a mode of acquiring ownership.
d. An active mode acquiring ownership.
43. In a residential subdivision in San Pedro, Laguna, Abigail constructed and maintained a shoe factory
which emits heavy and foul-smelling smoke and very loud noise 24 hours a day. This factory is
a. A nuisance per se, because it is always a nuisance, regardless of its location, surroundings or
circumstances.
b. A nuisance per accidens, because it is only a nuisance based on its location and circumstances.
c. A nuisance per se because it affects and annoys the entire subdivision.
d. Not a nuisance because it is a business endeavor giving work to residents of the subdivision.
44. Property is considered movable if it
a. Cannot be transferred from place to place.
b. Will be damaged or destroyed when moved to another place.
c. Is excluded from the enumeration under Art. 415 of the Civil Code.
d. Will deteriorate or be destroyed when separated from the immovable to which it is attached.
45. The following are characteristics of co-ownership, except:
a. It has juridical personality.
b. There must be more than one subject or owner.
c. There is one physical whole divided into ideal shares.
d. Each ideal share is definite in amount but is not physically segregated from the rest.
46. Which of the following is NOT a requisite of Art. 461 NCC (Abandoned River Bed)?
a. Change must be sudden so the old river bed may be identified.
b. Change of the course of the river must be more or less permanent.
c. Change of the course of the river must be a natural one.
d. River must not continue to exist and completely dry up or disappear.
47. The following are modes of extinguishing usufruct, except:
a. Expiration of the period for which it was constituted.
b. Bad use of the object held in usufruct.
c. Total loss of the thing held in usufruct.
d. Merger of the ownership and usufruct in the same person.
48. The remedies against a private nuisance include the following, except:
a. Prosecution under the penal code or any ordinance.
b. Civil action for abatement.
c. Extra-judicial abatement.
d. Civil action for damages.
49. The following are classes of possession, except:
a. Possession in one’s name or in the name of another.
b. Possession in the concept of an owner or in the concept of a holder.
c. Possession with just title or without just title.
d. Possession in good faith or in bad faith.
50. A donation inter vivos may be reduced due to
a. Ingratitude of donee
b. Inofficiousness of the donation
c. Non-compliance with a condition imposed by the donor
d. Birth, adoption or re-appearance of any child of the donor.
51. The process whereby the current of a river, creek or torrent segregates from an estate on its bank a
known portion of land and transfers it to another estate is called
a. Alluvion
b. Avulsion
c. Adjunction
d. Commixtion
52. The roots of the tree belonging to Andrea penetrated the land of Basilia. Does Basilia have the right to
cut off these roots?
a. Yes, but only after her demand for Andrea to cut off the roots of her tree has been ignored.
b. Yes, because Basilia owns the roots that penetrated and intruded into her property.
c. No, because the tree belongs to Andrea who has absolute ownership of the roots.
d. No, without permission of the owner of the tree, Andrea.
53. The process by which two movables belonging to different owners are united in such a way that they
form a single object is known as
a. Alluvion
b. Adjunction
c. Commixtion
d. Specification
54. Which of the following is considered an immovable property?
a. A painting, place by a seaman in his cabin room, while he is still in his voyage.
b. A Meralco steel tower or post.
c. A tree planted on land of another person.
d. Fertilizer, which is inside a sack and placed inside a farmhouse.
55. Romy, lessee and Oscar, lessor, entered into a Contract of Lease of a building to be used by Romy in
his business. Romy placed a machinery to be used in his business. How do you classify this
machinery?
a. Movable property, since it was placed by the lessee, not the owner of the building.
b. Movable property, since the machinery could be moved from place to place inside the building.
c. Immovable property, since the machinery was placed in the building with the intention of the
tenant to attach it permanently to the tenement.
d. Immovable property, since it was immobilized by destination.
56. Which of the following statements is NOT a test to determine whether property is movable or
immovable?
a. Whether the property is excluded in the enumeration under Art. 415 NCC.
b. Whether the property can be carried from place to place.
c. Whether the transfer in location shall injure the property or the immovable to which it is
attached.
d. Whether the property is of public dominion or patrimonial.
57. Simplicio, a squatter who is sought to be ejected by the landowner Torquato, seeks reimbursement
from the latter for the improvements he has made on said land. Simplicio is entitled to be reimbursed
for the
a. Necessary and useful improvements.
b. Useful improvements only.
c. Necessary and ornamental improvements.
d. Necessary improvements only.
58. Arnold, lessee of a parcel of land owned by Benigno, found by chance hiddent treasure on said land.
Arnold is entitled to
a. ½ of the hidden treasure being the finder and Benigno will get the other half being the owner of
the land.
b. Nothing being a mere lessee of the land and Benigno is entitled to all the hidden treasure being
the owner of the land where hidden treasure was found.
c. A reasonable compensation for his efforts as finder of the hidden treasure by chance.
d. 40% of the treasure being the lessee and finder thereof and Benigno shall get 60% of the
treasure being the owner of the land.
59. In a co-ownership, an act of administration
a. Gives rise to a real right.
b. May be renewed from time to time.
c. Prejudices the condition of the thing.
d. Affects the substance or the nature of the thing.
60. The following statements are true, except:
a. A landowner in GF has the right to demand removal or demolition at builder’s own expense.
b. A co-owner has the right to demand partition at any given time.
c. In accession, he who is in GF may be held responsible and be penalized.
d. Quieting of title is an action quasi in rem.
61. Rudy was the owner of a lot with a building erected thereon. The building was sold for purposes of
demolition. This building is classified as
a. Movable property, since the building is no longer attached to the land
b. Immovable property, since the building was made of concrete materials and attached to the
land.
c. Movable property, since the building was sold to be demolished, the true object of the sale
would be the materials.
d. Immovable property, since after the building has been demolished, its foundation is still attached
to the land.
62. Under the principle of surface rights of the landowner, everything found underneath his land belongs to
him. Is he the owner of minerals and natural resources found under his land?
a. Yes, because the surface rights of a landowner under Art. 437 NCC is provided for by law.
b. Yes, because this is an attribute of ownership
c. No, because the landowner needs a permit from the government to be able to excavate on his
land.
d. No, because ownership is subject to certain restrictions and limitations and under the Regalian
doctrine, minerals and natural resources are reserved in favor of the state.
63. With respect to the manner of its exercise and for purposes of prescription, an easement of right of way
is considered
a. Continuous and apparent.
b. Discontinuous and apparent.
c. Continuous and non-apparent.
d. Discontinuous and non-apparent.
64. Under the doctrine of state of necessity, a person can interfere with the property of another if the
interference is necessary
a. To avert an imminent danger and threatened damage to the actor.
b. To avert clear and present danger to the owner of the property.
c. To avert injury that will exempt the actor from liability.
d. To avoid greater injury to the owner of the property.
65. Which is NOT a limitation on the right of ownership?
a. Inherent powers of the State.
b. Imposed by the transferee of the property.
c. Imposed by conflict with other rights.
d. Constitution.
66. A house constructed on a public highway without permit from the government is both
a. Nuisance per se and public nuisance.
b. Nuisance per accidens and public nuisance.
c. Nuisance per se and private nuisance.
d. Nuisance per accidens and private nuisance.
67. An easement which is apparent and continuous like an easement of light and view can be acquired by
a. Title only.
b. Prescription of 10 years only.
c. Title or prescription of 10 years.
d. Neither title or prescription of 10 years.
68. The donor’s action to revoke a donation by reason of ingratitude of the donee is
a. Not personal to the donor and is transmissible to the heirs of the donor.
b. Personal to the donor and not transmissible to the heirs of the donor.
c. Transmissible to the heirs of the donor, although personal to the donor.
d. Transmissible to the heirs of the donor, although personal to the donor, but only if the donor
dies before the expiration of the period of prescription to file the action for revocation.
69. Anton, Benigno and Carlos are co-owners of a 10-hectare agricultural land. Benigno, without the
knowledge and consent of his co-owners can
a. Convert this land into a residential subdivision.
b. Lease 2 hectares of this land to Dencio for five years.
c. Mortgage the entire parcel of land with PNB.
d. Sell his undivided share to Enrico.
70. Arnold’s watch was stolen by Boyet who sold the stolen watch to Caloy, a merchant store owner. Caloy
displayed the watch in his store and Dennis bought the watch from Caloy’s store for P5000.00. Can
Arnold recover the watch from Dennis?
a. No, because Dennis is considered an innocent buyer for value.
b. Yes, because Arnold was unlawfully deprived of his watch but he must reimburse Dennis the
P5000.00 he paid to Caloy.
c. No, because Dennis purchased the watch in good faith from a merchant store.
d. Yes, because Arnold was unlawfully deprived of his watch, without reimbursing Dennis of the
price he paid to Caloy.
71. Percival, a resident of Cagayan de Oro, sent a telegram to his best friend Sammy, a resident of Makati
City, donating to the latter his second-hand motorcycle worth P75,000.00. Upon receipt of the telegram,
Sammy, using his cellular phone, called up Percival, thanked his friend profusely and accepted the
donation of the motorcycle. This donation is considered
a. Valid, because the donation of the personal property worth P75,000.00 was made in writing.
b. Valid, because both the donor and the donee are alive when the donation and acceptance of
the personal property were made.
c. Void, because the donation and acceptance of a personal property worth more than P5000.00
must be in writing to be valid.
d. Void, because the donation and acceptance of a personal property worth more than P5000.00
must be in a public instrument.
72. The following are modes of acquiring ownership of property, except:
a. Occupation
b. Traditio symbolica
c. Donation inter vivos
d. Accession
73. The branches of Rosario’s tree were encroaching and intruding into Perlita’s garage. Can Perlita cut-off
these branches?
a. Yes, under the principle that the “accessory follows the principal.”
b. No, she must first make a demand on Rosario to cut-off the branches of her tree.
c. Yes, but only with Rosario’s consent.
d. No, only after her demand on Rosario to cut-off the branches of her tree has been ignored by
Rosario can Perlita cut-off the branches of Rosario’s tree.
74. Anton and Basilio were owners of separate lots titles under their names located on opposite sides of a
river. Over a span of 20 years, soil was gradually deposited on Anton’s land, consisting of more or less
100 sq. meters and an area consisting of more or less 100 sq. meters, was gradually eroded from
Basilio’s land on the other side of the river. This 100 sq. meter land is now owned by:
a. Anton by alluvium.
b. Basilio, to compensate him for the area he lost.
c. Both Anton and Basilio, as co-owners of the land in equal shares.
d. The state, the river being the cause of the accretion.
75. Which of the following statements is NOT true regarding alluvium?
a. Soil deposit cannot be identified.
b. Soil deposit belongs to the owner of the land adjoining the river bank where accretion took
place.
c. Soil deposit is sudden and abrupt.
d. Cause of the soil deposit is the current of the river.
76. Placido built a house on his own land using the materials of Oscar. Later, Placido sold his house and lot
to Rodrigo. Oscar has not been paid the value of the materials which were used in the construction of
the house. Against whom shall Oscar have the right of action for the value of his materials?
a. Placido because he was primarily responsible for using the materials of Oscar.
b. Placido, since he was a builder in bad faith.
c. Rodgrigo, because he was a buyer in bad faith.
d. Rodrigo, since it was he who benefited from the accession.
77. Uprooted trees carried away by the current of the river and transported to another estate which were
not claimed by the original owner of the uprooted trees within 6 months belong to
a. The original owner of the uprooted trees.
b. The owner of the estate where the uprooted trees were transported and cast upon.
c. The original owner and the owner of the estate where the uprooted trees were found, dividing
the property equally.
d. The State, the cause of the uprooting and the transfer being the river.
78. The following extinguishes co-ownership, except:
a. Consolidation in one of the co-owners of all the interests of the other co-owners.
b. Judicial partition, excluding extra-judicial partition.
c. Expropriation of the property owned in common.
d. Sale of the thing to a 3rd person and distribution of its proceeds to all the co-owners.
79. Whose ownership shall be preferred in case of double sale or double donation of an immovable
property?
a. Present possessor.
b. One longer in possession
c. First Registrant in the Registry of Property in GF
d. One adjudged by the court.
80. Under the easement of lateral and subjacent support.
a. There is no real easement but mere restrictions.
b. Parties are allowed to stipulate on excavations which may cause danger to an adjacent land or
building under the principle of liberty of contracts.
c. The owner can lawfully excavate on his own land as part of his surface and sub-surface rights
even without notifying his neighbors.
d. A testator can provide in his will testamentary provisions allowing excavations on his property
although it may cause danger to an adjacent land.
81. Edgar was the usufructuary of a parcel of land owned by Fred. With the consent of Edgar and by
chance, Greg found hidden treasure on this land. How would you distribute the hidden treasure.
a. The owner of the land, Fred, gets all the hidden treasure.
b. Greg, the finder, gets ½ and Fred, the landowner, gets the other half of the hidden treasure.
c. Edgar, Greg and Fred get 1/3 each from the hidden treasure.
d. Greg gets a reasonable salary or wage but does not get a share in the hidden treasure. Edgar
who consented to the search gets all the hidden treasure.
82. Which of the following is NOT a ground for losing possession?
a. Abandonment of the thing.
b. Possession of another by tolerance.
c. Destruction or total loss of the thing.
d. Donation of the thing to another person.
83. The obligations of the usufructuary during the usufruct include the following, except:
a. Preserve the property with the diligence of a good father of a family.
b. Make the necessary repairs for preservation.
c. Undertake extra-ordinary repairs on the property held in usufruct.
d. Notify the naked owner of acts committed by 3 rd persons which are prejudicial to the property
held in usufruct.
84. The modes of extinguishment of the easement include:
a. Renunciation of the owner of the servient estate.
b. Non-user for 20 years.
c. Non-fulfillment of the condition if the easement is conditional.
d. Expiration of the term is easement is temporary.
85. Which of the following is NOT a requisite of a valid donation?
a. Donative intent of the donor.
b. Only actual & simultaneous delivery of the thing donated to the donee.
c. Acceptance by the donee.
d. Compliance with formalities of law.
86. A donation inter-vivos is characterized by the following, except:
a. Takes effect during the lifetime of the donor.
b. Cannot be revoked except for grounds provided by law.
c. Not so preferred in case of impairment of legitime.
d. Must be accepted by donee during the lifetime of donor.
87. The requisites under the doctrine of disputable presumption of ownership include the following, except:
a. There must be actual physical or material possession of the property.
b. Possession must be in the concept of an owner or holder.
c. True owner must resort to judicial process for the recovery of the property.
d. The court shall decide who has a better right to ownership of the property in dispute.
88. In case of loss or deterioration of the thing, a possessor in BF is liable
a. In case there was negligence on his part.
b. Only after receiving judicial summons.
c. In every case including one caused by his negligence.
d. In case of negligence but not when due to a fortuitous event.
89. Dina owned a valuable painting worth P1.5M which was stolen from her house during a robbery which
was duly reported to the police authorities. A year later, during a party at Erica’s house, Dina saw the
painting hanging in Erica’s living room. Upon inquiry, Erica said she bought the painting in a gallery
auction sale at the Luz Gallery for 1M. The painting was positively identified as the one stolen from
Dina’s house. Can Dina recover this painting from Erica?
a. Yes, Dina was unlawfully deprived of her personal property and she can recover the painting
without indemnity to Erica.
b. No, Erica bought the painting from the gallery auction sale, hence, she is in GF and acquires
title over the personal property.
c. Yes, Dina was unlawfully deprived of her personal property but she must reimburse Erica of the
P1M the latter paid in the gallery auction sale.
d. No, Erica acquired the painting as a buyer in GF and one (1) year has already lapsed, hence,
she has a better right to ownership of this personal property.
90. Bernie, a treasure hunter, found a map which appears to the location of hidden treasure. By diligent
effort, research and inquiry, he discovered that the hidden treasure could be found on the lot owned by
Charlie whom he learned was in Saudi Arabia as an OFW. Nobody could give him Charlie’s exact
 address in Saudi Arabia so Bernie could not communicate with him. Although there was a lock on the
steel gate of the steel fence surrounding the premises, Bernie was able to enter Charlie’s lot and
conducted the search for hidden treasure. He succeeded and found precious stones, gold, old coins
and other jewelries. Who should validly own the hidden treasure?
a. Charlie owns all the hidden treasure being the owner of the land where hidden treasure was
found.
b. ½ of the hidden treasure goes to Bernie being the finder and ½ goes to Charlie being the owner
of the land where hidden treasure was found.
c. Bernie owns the hidden treasure having found it by diligent effort, research and inquiry.
d. The State owns the hidden treasure, the landowner being outside of the country and not having
authorized the finder who is considered a trespasser.
91. Brother Butch, Caloy and Dennis are co-workers of a 3-story house which they use as their residence
together with their respective families. Butch informed Caloy and Dennis that they need to replace and
repair the roof of the house as it was already leaking. Caloy and Dennis merely kept quiet and ignored
the request of Butch who proceeded to undertake the repair of the roof spending P30,000.00 of his own
money. How do you classify the repair of the roof done by Butch?
a. Act of preservation.
b. Act of administration.
c. Act of alteration.
d. Act for better enjoyment.
92. In the preceding case above (#91), can Butch compel contribution from his co-owners with respect to
the amount of P30,000.00 which he spent for the repair of the roof of their house?
a. No, because the 2 other co-owners did not expressly consent to the repair made by Butch.
b. Yes, because any of the co-owners can initiate necessary repairs and compel contribution from
the other co-owners.
c. No, because Butch should have collected the share from the other co-owners before starting the
repair of the roof.
d. Yes, because it would be unfair if only Butch will shoulder all the expenses.
93. Jane and John are adjoining co-owners of a party wall. Suppose John makes an opening on the party
wall, within what period should Jane close said opening?
a. Within 10 years from the time John made the opening.
b. Within 10 years from the time of the issuance by John of a notarial prohibition to Jane.
c. Within 10 years from the time of the issuance by Jane of a notarial prohibition to John.
d. Within 10 years from the time John extra-judicially prohibit Jane from closing the opening on the
party wall.
94. If two things owned by two different persons are mixed, what rule do we follow?
a. “The accessory follows the principal.”
b. “No one shall be unjustly enriched at the expense of the other.”
c. “Co-ownership governs the mixture.”
d. “To each his own.”
95. Which is NOT included as a requisite of repudiation by a co-owner?
a. One co-owner repudiates the co-ownership and claims exclusive ownership of the entire
property.
b. The evidence of repudiation is clear and convincing.
c. The knowledge of the other co-owners of the repudiation made by one co-owner is clear and
convincing.
d. Repudiating co-owner possess the property in the concept of a holder.
96. The Deed of Donation executed by Basilisa reads:
“I donate to my children this house and lot covered by TCT #14344; this property donated
cannot be recovered anymore, hence, this donation is considered irrevocable; this property shall
remain in my possession during my entire lifetime; my children shall acquire possession of this property
only after my death; this property shall not be mortgaged, alienated or sold while I am still alive.”

What is the nature of this donation?

a. Inter-vivos, because the property cannot be recovered anymore, hence, donation is irrevocable.
b. Mortis causa, since the donees cannot have possession of the property during donor’s lifetime.
c. Inter-vivos, since it was the intention of the donor.
d. Mortis causa, since the property donated cannot be mortgaged, alienated or sold during the
lifetime of the donor.
 97. Amelia is the owner of a mango tree, some of the branches of which extend over the property of
Belinda. These branches have mango fruits attached to them. Does Belinda have the right to gather the
mango fruits on the branches extending into her land?”
a. Yes, under the principle “the accessory follows the principal”, the fruits now belong to her.
b. Yes, since the branches are now encroaching into her property.
c. No, only fruits which naturally fall on her land belong to her under the principle “the accessory
follows the principal.”
d. No, she must make a demand first from Amalia that she be given the fruits of the tree before
she becomes the owner of the fruits.
98. If two movable properties belonging to different owners were united in such a way that they form a
single object, to whom shall such object belong when both owners had acted in good faith?
a. Owner of the principal acquires the object indemnifying the owner of the accessory.
b. Owner of the accessory acquires the object indemnifying the owner of the principal.
c. Whoever claims the object first.
d. Person who united the 2 things.
99. Which of the following is NOT a nuisance per se?
a. Informal settlers on the sidewalk
b. Rabid dogs
c. House of prostitution
d. Slaughter houses
100. Which of NOT a characteristic of an easement?
a. It is a real right.
b. It is impossible upon another’s property.
c. It is inherent on the dominant estate.
d. It is a limitation or encumbrance on the servient estate for another’s benefit.