NAME: 7.

______In the preference of a possessor, when both are present possessors,

SECTION: the one preferred is one who –

FINAL EXAMINATION a. is longer in possession

FIRST SEMESTER 2017 b. first to register in good faith
CIVIL LAW REVIEW 1 c. is most capable of preserving the property
UNIVERSITY OF THE CORDILLERAS d. has applied for a title.

8._______In preference of ownership of movable property, the one preferred is

INSTRUCTIONS: Read each question or problem carefully. Choose the one who
CORRECT answer and write your answer in the space provided beside each
question. a. First to offer to purchase
b. First to register his/her title in good faith
GOOD LUCK!!! c. First to apply for a title
d. First to possess in good faith
1._______In a contract of donation, one of the following is not ordinarily required
– 9.______A riparian owner constituted B as usufructuary of his land for 10 years.
Three years before the usufruct ends, B alienated his right to S. At
a. Acceptance by donee in “mortis causa donation” that time there was already alluvial deposits attached to the land.
b. Delivery or tradition Who has preference to plant bananas in the alluvium?
c. Thing or right to be donated
d. Full capacity of donor to contract a. Riparian owner
b. B
2.______“A” bought a cellphone from a repair shop with a purchase receipt c. S
issued. The possession of “A” of the cellphone is – d. State

a. Right to possess 10.______A usufructuary at the end of the term of the usufruct of a piano
b. Right of possession delivered the same to the naked owner. The owner refused because
c. Possession in the concept of owner of the piano’s faded color and some notes are off-key when played.
d. Possession in the concept of holder The naked owner cannot refuse because –

3._________ A court declared Ricardo, an old bachelor, an absentee and a. The security furnished was valid
appointed Cicero administrator of his property. After a year, it was b. The damage is minor
discovered that Ricardo had died abroad. What is the effect of the c. The rule of ordinary wear and tear
fact of his death on the administration of his property? d. Preservation of form and substance is liberally construed

a. With Ricardo no longer an absentee but a deceased 11.______One feature of a caucion juratoria in usufruct is:
person, Cicero will cease to be administrator of his
properties. a. With or without approval of the Court
b. The administration shall be given by the court having b. Security is optional
jurisdiction over the intestate proceedings to a new c. Absence of security
administrator whom it will appoint. (BAR Q) d. Absence of inventory
c. Cicero automatically becomes administrator of Ricardo’s
estate until judicially relieved. 12.______A donated to B his property on condition that B shall shoulder his
d. Cicero’s alienations of Ricardo's property will be set future burial expenses and the remainder shall pertain to the donee,
aside. which shall only be delivered after the donor’s death, but A shall
remain to enjoy the fruits of his property while alive. This is a:
4.______“A” lost a ring. It was found by “R”. “R” pledged the ring at a pawnshop
to obtain a loan of P100,000.00. “A” saw the ring at the pawnshop a. Donation mortis causa
and wanted to take it. In this situation, which of the following b. Donation inter vivos
arguments is correct? c. Donation with a suspensive condition
d. Donation with a resolutory condition
a. PAWNSHOP – only “R” can redeem because “A” has no
contractual relation with the pawnshop. 13.______Donation is valid to a person for reason of his past services provided
b. “R” – no one can overcome “R’s” presumption of good that –
faith and just title.
c. “A” – is an owner unjustly dispossessed. a. The donation does not constitute a demandable debt
d. An onlooker – let the Court decide and then there would b. There would be further future services or burden
be an auction sale. c. The donation is strictly to take place during the lifetime of
the donor
5._______A tenant was allowed by a landowner to build his (tenant’s) farm d. The donation is by reason of a demandable debt on the
house. After ten (10) years, the possession of the tenant is: part of the donee.

a. Possession in the concept of an owner 14.______A and B entered into an ordinary contract to kill C. B was promised
b. Possession in the concept of a holder P1M to do the job. B, however, did not kill C.
c. Possession with a just title
d. Possession imbued with difficult question of law a. B can claim for the P1M as the condition imposed is
illegal hence presumed not imposed.
6.______ T died intestate, leaving an estate of P9,000,000. He left as heirs three b. B cannot claim the P1M because the contract is void.
legitimate children, namely, A, B, and C. A has two children, D and E. c. B can claim P1M because it was considered as donation
Before he died, A irrevocably repudiated his inheritance from T in a d. B cannot claim as the prize should have been given
public instrument filed with the court. How much, if any, will D and E, before the killing. Otherwise there would be no
as A’s children, get from T’s estate? object of the donation.

a. Each of D and E will get P1,500,000 by right of 15.______A mortis causa donation does not need one of the following-
representation since their father repudiated his
inheritance. a. Three instrumental witnesses
b. Each of D and E will get P2,225,000 because they will b. Signature of notary public on every page
inherit from the estate equally with B and C. c. Attestation clause
c. D and E will get none because of the repudiation; "B" d. Signature of donor on every page.
and "C" will get A’s share by right of accretion. (BAR
Q) 16.______A donated irrevocably his car to B. A provision thereof however
d. Each of D and E will get P2,000,000 because the law provided: “it shall be revoked only if B drops out from the law school.”
gives them some advantage due to the demise of "A". The donation is

a. mortis causa
1

 b. inter vivos c. 75 tons
c. with impossible condition d. 100 tons
d. with suspensive condition
26.______A usufructuary of woodland for 20 years introduced to the area the
17.______Donation is perfected from the moment following; perimeter fence worth P50K; guard house worth P100k;
and new plantings worth P50k. At the end of the usufruct, the naked
a. The donor executes the deed of donation owner reimburses –
b. The donee accepts the donation
c. The donor knows of the acceptance of the done (BAR a. none
Q) b. P50k for the perimeter fence
d. The time the deed of donation is notarized c. P50k for the new plantings
d. P100k for the new plantings
18.______X stole the car of Z. While cruising along the national road in
Pangasinan a lightning struck the car but X survived. 27.______When delivered to the usufructuary the corn grits were measured one
ton with appraised value of P500k. At the end of the usufruct, what
a. X is not liable because he is a possessor in good faith would be returned to the naked owner?
b. X is liable being a possessor in bad faith
c. X is not liable because the damage is due to fortuitous a. one tone of corn grits with same quality
event b. the US dollars equivalent of P500k
d. X would be liable because he is a thief c. the current value of one ton of corn grits with same quality
d. P500k
19.______A deposited his car to B and later B sold the car to C by forging the
signature of A. In this situation - 28.______A is a co-owner of a piece of land. He was designated to have 1.2
hectares thereof. A entered into usufruct with B for that designated
a. A can get the car without reimbursing the purchase price. area. Later, in due partition, A’s share was 1 hectare only. B as a
b. A can get the car by reimbursing the purchase price and usufructuary is entitled to –
hold B for civil liability
c. A cannot get back the car because possession of a a. none
movable object is equivalent to title. b. 1.2 hectares
d. A cannot recover because C is an innocent purchaser for c. one hectare plus indemnity
value in good faith. d. one hectare

20.______In preference of ownership of immovables, the one preferred is – 29.______Which of the following can be removed by the usufructuary even with
the naked owner’s choice of appropriation?
a. First to pay downpayment
b. First to possess in good faith a. automatic door of garage
c. The one with the oldest title b. protective rubbers of bathroom
d. One who has made improvements on the property c. spiral staircase
d. decorative lights and chandelier
21.______A writ of preliminary mandatory injunction filed 10 days after an action
for possession is filed has the objective of – 30.______ Which of the following is an indispensable requirement in an action for
"quieting of title" involving real property? The plaintiff must
a. Pending trial, no third party claim is possible
b. To secure the enjoyment of Plaintiff to the property a. be in actual possession of the property.
pending trial b. be the registered owner of the property.
c. Prior to the final judgment, the interest of Plaintiff is c. have legal or equitable title to the property. (BAR Q)
preserved d. be the beneficial owner of the property.
d. To prevent the deterioration of the object.
31._______Which of the following statements is wrong?
22.______A title which despite long years of possession, such possession will
not ripen into ownership –
a. The possessor in bad faith shall reimburse the fruits
received and those which the legitimate possessor could
a. Valid
have received.
b. Colored
b. The possessor in bad faith has right of reimbursement for
c. Putative
necessary expenses and those for the production,
d. Unregistered
gathering and preservation of the fruits.
c. The possessor in bad faith is not entitled to a refund of
23.______A possessor in good faith but who was later declared by competent
ornamental expenses.
Court to have no right to or of possession, is entitled to the fruits –
d. The possessor in bad faith is entitled to a refund of
useful expenses. (BAR Q)
a. Harvested at the end of the cropping period
b. Received prior to the decision of the Court
32.________ Which phrase most accurately completes the statement –
c. Harvested after continued cultivation
The expenses incurred in improvements for the luxury or mere
d. Growing at the time of the decision
pleasure shall not be refunded to the possessor in bad faith:
24.______P is a possessor in bad faith of a house. He remodeled the house
a. but he may remove the objects for which such expenses
spending P300,000.00. He likewise decorated the living room with a
have been incurred, provided that the thing suffers no
Van Gough painting worth P1Million. When evicted, choose the best
injury thereby, and that the lawful possessor does not
option of P:
prefer to retain them.
b. and he may not remove the objects for which such
a. Leave the house and take the painting
expenses have been incurred.
b. Seek reimbursement of P300,000.00 being useful
c. and he may not remove the objects for which such
expense
expenses have been incurred, unless he pays the value
c. Seek reimbursement of P300,000.00 as necessary
they may have at the time he entered into possession.
expense
d. but he may remove the objects for which such
d. Sell the painting at P1.3Million to the owner of the house
expenses have been incurred. (BAR Q)
25.______F planted corn in a land he thought was not owned by anybody. The
33.________ A plenary action for the recovery of the possession of real
corn planted were three months old when there was finality of
estate, upon mere allegation and proof of a better right thereto, and
judgment that the landowner is entitled to possess the land. One
without allegation of proof of title. This action can only be brought
month thereafter, the corn were harvested. After F and landowner
after the expiration of one (1) year. What action is being referred to?
deducted the cultivation expenses and the net harvest was 100 tons.
The share of F would be –
a. Accion publiciana (BAR Q)
b. Accion reinvindicatoria
a. 50 tons
c. Accion interdictal
b. 25 tons
2

 d. Quieting of Title a. notification and notation (A749)
b. notarial services and communication to donor
34.________ Action to recover real property based on ownership. Here, c. due execution and notarization
the object is the recovery of the dominion over the property as owner. d. notarization and furnishing copies to concerned
What action is being referred to? authorities

a. Accion publiciana 43.______Oral donation is allowed with simultaneous delivery and acceptance
b. Accion reinvindicatoria (BAR Q) when the property is movable and worth –
c. Accion interdictal
d. Quieting of Title a. less than P5,000
b. P5,000 or less (A748)
35.________ A summary action to recover physical or material c. P5,000 more or less
possession only and must be brought within one (1) year from the d. exceeding P5,000
time the cause of action arises. What action is being referred to?
44.______Under the law on donations, accrued inheritance can be considered
a. Accion publiciana as-
b. Accion reinvindicatoria
c. Accion interdictal (BAR Q) a. future property
d. Quieting of Title b. gross hereditary estate
c. present property
36.________ The following cannot ask for the reduction of inofficious donation, d. collated property
except:
45._______Inofficious donations occur when the legitime is impaired due to:
a. Creditors of the deceased
b. Devisees or legatees a. birth of an illegitimate child of the donor who enjoys
c. Compulsory heirs of the donor (BAR Q) proven filiation and acknowledgment
d. The surviving spouse of the done b. non-recognition of illegitimate child
c. donation of the entire free portion of the estate of the
37._______Donation that takes effect after the death of the donor, the donor
acceptance should be made – d. death of a legitimate child who was declared by
competent Court to be absent
a. upon knowledge of the donation
b. before the death of the donor 46.______A is a donee of B. A later wrote a libelous article against B. B can
c. after the death of the donor revoke the donation on account of –
d. at anytime before or after the death of the donor a. imputing a crime involving moral turpitude
b. committing an offense against honor with the donor
38._______A donor mortgaged his condominium unit worth P1Million. Later, he as the offended person
donated the same condominium to Z, with the condition that Z shall c. imputing an act involving moral turpitude
pay his loan and pay for his burial expenses. Z eventually spent for d. commission of a crime involving moral turpitude
the burial of the donor and payment of his loan at an aggregate sum
of P700,000.00. Thereafter, X, an illegitimate child of the donor 47.______A donated his land worth P1Million to B. If A owes C P1Million and
appeared. If the said child was recognized in a testamentary will to such land was mortgaged as security therefor, the donation is –
inherit from the estate of the donor, how much would he get from the
remainder of the P1Million? a. void as it was made in fraud of creditor
b. void as the donation is worthless
a. P150,000.00 c. valid by virtue of the principle of concurrence of burden
b. P100,000.00 d. valid as the donation was made after the loan was
c. P200,000.00 contracted.
d. P300,000.00
48.______A donor’s capacity to donate is determined –
39.______A donated by means of a public instrument with right of revocation to
B a house and lot. When A was bedridden, the donee sold the house a. as to the time of the delivery of the property donated
to X, and mortgaged the lot to Y. Here – b. as to the acceptance of the donation
c. the supposed time to know the acceptance of donation
a. the donation to B was void d. as of the time of making the donation (A737)
b. the mortgage to Y is valid
c. the sale to X is valid 49.______A donor gave his accrued inheritance to a niece. The donation shall
d. the sale to X is revocable become effective when any of his niece’s children will become a
lawyer. When the niece gave birth to her first child, the donor died.
40.______D by testamentary will gave his only land to his three (3) sons and The donation has –
one-half of his estate to his wife. D prior to his death, however, sold
the land to X. Therefore, the right of the three (3) sons of the land a. impossible condition
would be – b. void suspensive condition
c. mortis causa donation with valid suspensive condition
a. none d. suspensive condition beyond natural expectancy of donor
b. right to net hereditary estate which is the value of the
land plus any remnant of donor’s 50.______As to guardians and trustees –
estate
c. right to annul the sale a. they can repudiate donations made by their wards
d. right of possession to the land sold b. can donate properties entrusted to them
c. can accept onerous donations for their wards
41.______One of the following donations is valid – d. can accept pure donations to their wards

a. those made by customers to commercial sex workers 51.______D donated a land to A. Subsequently, D donated the same land to B.
b. those made by government subordinates aching to get Then later on D donated the same land to C. C knew the prior
promotion donations so he registered the same. A and B not knowing of any
c. those given by womanizers to their concubines who are other donation made over the same land also registered at the same
not yet convicted of concubinage time their respective donations. The preferred donee is –
d. those serving sentences after final conviction of having
committed crimes a. C
for reason of the donation b. B
c. None
42.______In deed of donation Inter vivos, a separate document of acceptance d. A
needs the formalities of –
52.______ Joanne married James, a person with no known relatives. Through
James' hard work, he and his wife Joanne prospered. When James
3

 died, his estate alone amounted to P100 million. If, in his will, James
designates Joanne as his only heir, what will be the free portion of his
estate.
a. Joanne gets all; estate has no free portion left.
b. Joanne gets 1/2; the other half is free portion. (BAR
Q)
c. Joanne gets 1/3; the remaining 2/3 is free portion.
d. Joanne gets 1/4; the remaining 3/4 is free portion.
53.______Future property can be donated to would-be-spouses as part of their
marriage settlement if and when it satisfies –
58.________ Elated that her sister who had been married for five years was
a. contractual requirements of inter vivos donations and
contractual capacities.
b. made effective of testamentary succession
c. requirements of testamentary succession
d. mortis causa donation with reservation of usufruct
54._______Accretion can be provided in favor of the rest of the donees in case
of –
a. disinheritance, partition and collation
b. incapacity, predecease and disinheritance
c. repudiation, predecease and incapacity
d. collation, disinheritance and incapacity
55.______A clause in a public instrument denominated as, “Assignment” reads,
“x x x for and in consideration of a motor vehicle given to me by X,
the real property aforementioned, described and all improvements
thereof shall be given absolutely to X, his heirs and assigns.” This is
a–
a. Sale
b. Barter
c. Remunatory donation
d. Donation inter vivos
56._______ ML inherited from his father P5 million in legitime but he waived it in
a public instrument in favor of his sister QY who accepted the waiver
in writing. But as it happened, ML borrowed P6 million from PF before
the waiver. PF objected to the waiver and filed an action for its
59._________ In 1950, Dr. Alba donated a parcel of land to the Central
rescission on the ground that he had the right to ML’s P5 million
legitime as partial settlement of what ML owed him since ML has
proved to be insolvent. Does PF, as creditor, have the right to rescind
the waiver?
a. No, because the waiver in favor of his sister QY amounts
to a donation and she already accepted it.
b. Yes, because the waiver is prejudicial to the interest
of a third person whose interest is recognized by law.
(BAR Q)
c. No, PF must wait for ML to become solvent and,
thereafter, sue him for the unpaid loan.
d. Yes, because a legitime cannot be waived in favor of a
specific heir; it must be divided among all the other heirs.
57.________ B donated to M a parcel of land in 1980. B made the deed of
donation, entitled “Donation Inter Vivos,” in a public instrument and M
accepted the donation in the same document. It was provided in the
deed that the land donated shall be immediately delivered to M and
that M shall have the right to enjoy the fruits fully. The deed also
provided that B was reserving the right to dispose of said land during
his (B’s) lifetime, and that M shall not register the deed of donation
until after B’s death. Upon B’s death, W, B’s widow and sole heir, filed
an action for the recovery of the donated land, contending that the
donation made by B is a donation mortis causa and not a donation
inter vivos.
a. The action will prosper. The donation is a donation mortis
causa because the reservation is to dispose of all the property
donated and, therefore, the donation is revocable at will.
Accordingly, the donation requires the execution of a valid will,
either notarial or holographic.
b. The action will not prosper. The conveyance of the land by B to D is
a donation subject to a condition reserving the right of the donor to
dispose of the land during his lifetime. The donor did not exercise the
right which he reserved as a consequence of which, upon the death
of the donor, the right of the donee over the property becomes fully
vested. The beneficial right over the property as well as naked
ownership over the same is merged in the donee upon the death of
the donor.
c. The action for recovery of the land will not prosper. It was the wishes
of the donor that the property shall not form part of his estate when
he dies which is why he had donated the same during his lifetime to
M reserving unto himself only the right to dispose the same during his
lifetime. The donor never exercised this right and as such, it can thus
be presumed that it was the donor’s wishes that the land shall pertain
to the donee and not to his legal heirs. In a contract of donation, the
donor may impose charges, burdens and conditions on the donation
which does not make the donation without effect upon his death. At
the time of death of the donor, the property no longer formed part of
his estate.
pregnant for the first time, Alma donated P100,000.00 to the unborn
child. Unfortunately, the baby died one hour after delivery. Alma
seeks the recovery of the P100.000.00 that she had donated to said
baby before it was born.
a. The donation is valid and binding, being an act favorable to the
unborn child, but only if the baby had an intra-uterine life of not
less than seven months and provided there was due acceptance
of the donation by the proper person representing said child. If
the child had less than seven months of intra-uterine life, it is
not deemed born since it died less than 24 hours following its
delivery, in which case the donation never became effective
since the person never became a person, birth being
determinative of personality. (BAR Q)
b. Even if the baby had an intra-uterine life of more than seven months
and the donation was properly accepted, it would be void for not
having conformed with the proper form. In order to be valid, the
donation and acceptance of personal property exceeding five
thousand pesos should be in writing. The facts of the case do not
show that the donation was executed in writing and that the
acceptance was also made in writing.
c. A donation may be made in favor of an unborn child provided there
has been acceptance of the same by the proper person representing
the child. Where there has been proper acceptance of the donation
said donation can no longer be revoked unilaterally by the donor.
University on condition that the latter must establish a medical college
on the land to be named after him. In the year 2000, the heirs of Dr.
Alba filed an action to annul the donation and for the reconveyance of
the property donated to them for the failure, after 50 years, of the
University to established on the property a medical school named
after their father. The University opposed the action on the ground of
prescription and also because it had not used the property for some
purpose other than that stated in the donation. Should the opposition
of the University to the action of Dr. Alba’s heirs be sustained?
a. The donation may be revoked. The non-established of the
medical college on the donated property was a resolutory
condition imposed on the donation by the donor. Although the
Deed of Donation did not fix the time to established the medical
college, the failure of the donee to establish the medical college
after fifty (50) years from the making of the donation should be
considered as occurrence of the resolutory condition, and the
donation may now be revoked. While the general rule is that in
case the period is not fixed in the agreement of the parties, the
period must be fixed first by the court before the obligation may
be demanded, the period of fifty (50) years was more than
enough time for the donee to comply with the condition. (BAR
Q)
b. The donation may not as yet be revoked. The establishment of a
medical college is not a resolutory or suspensive condition but a
“charge”, “obligation”, or a “mode” The non-compliance with the
charge or mode will give the donor the right to revoke the donation
within four years from the time the charge was suppose to have been
complied with. Since the period has not yet been fixed, the donor has
no cause of action to revoke the donation as of yet.
c. The donation may not be revoked. The establishment of a medical
college is not a resolutory or suspensive condition but a “charge”,
“obligation”, or a “mode” The non-compliance with the charge or
mode will give the donor the right to revoke the donation within four
years from the time the charge was suppose to have been complied
with. In this case, the four year period should be counted from the
time the donation was accepted by the donee. Since the donor did
not demand compliance with the condition, mode or charge within the
said four year period his action has prescribed. The fact also that fifty
years has also passed definitely deprives even the heirs of any right
or interest over the property.
4
60.______ Ernesto donated a mobile phone worth P 32,000 to Hubert orally and
delivered the unit to Hubert who accepted. Which statement is most
accurate?
a. The donation is void and Ernesto may get mobile
phone back. (BAR Q)
b. The donation is void but Ernesto cannot get the mobile
phone back.
c. The donation is voidable and may be anulled.
d. The donation is valid.
61._______X and Y were to marry in 3 months. Meantime, to express his
affection, X donated a house and lot to Y, which donation X wrote in a
letter to Y. Y wrote back, accepting the donation and took possession
of the property. Before the wedding, however, Y suddenly died of
heart attack. Can Y’s heirs get the property?
a. No, since the marriage did not take place.
b. Yes, since all the requisites of a donation of an
immovable are present.
c. No, since the donation and its acceptance are not in a
public instrument. (BAR Q)
d. Yes, since X freely donated the property to Y who
became its owner.
62._______Lucio executed a simple deed of donation of P50 million on time
deposit with a bank in favor of A, B, C, D, and E, without indicating
the share of each donee. All the donees accepted the donation in
writing. A, one of the donees, died. Will B, C, D, and E get A’s share
in the money?
a. Yes, accretion will automatically apply to the joint-donees
in equal shares.
b. Yes, since the donor’s intention is to give the whole of
P50 million to the joint donees in equal shares.
c. No, A"s share will revert to the donor because accretion
applies only if the joint donees are spouses.
d. No, A’s share goes to his heirs since the donation did
not provide for reversion to donor. (BAR Q)
63________ Felix cultivated a parcel of land and planted on it sugar cane,
believing it to be his own. When the crop was eight months old, and
harvestable after two more months, a resurvey of the land showed
that it really belonged to Fred. What are the options available to
Fred?
a. As to the pending crops planted by Felix in good faith, Fred has
the option of allowing Felix to continue the cultivation and to
harvest the crops, or to continue the cultivation and harvest the
crops himself. In the latter option, however, Felix shall have the
right to a part of the expenses of cultivation and to a part of the
net harvest, both in proportion to the time of possession.
(SUGGESTED ANSWER) (ART. 545, NCC)
b. Since sugarcane is not a perennial crop. Felix is considered a sower
in good faith. Being so, the options available to Fred are: (a) to
appropriate the crop after paying Felix the indemnity, or (b) to require
Felix to pay rent. (ALTERNATIVE ANSWER)
c. Felix has no right over the fruits since the resurvey shows that he is
not the true owner of the property. As such, Fred can appropriate all
that has been planted on the property with the only obligation of
paying Felix expenses the latter may have incurred in the
preservation of the land.
64._________S and T were D’s brother and sister; N, the child of S; X, the child
of T; G, the child of X. D died intestate. S, T, and X are all dead. G
claims a share in the estate of D.
a. G can inherit from the estate of D because she is also a legal heir. In
the absence of legal heirs in the direct line, the collateral line may
inherit. G inherits in her own right because of the absence of her
parent and her grandparent who is the sister of the decedent.
b. G can inherit from the estate of D because she is a legal heir of D. G
inherits by right of representation because X and T predeceased the
decedent in this case.
c. G cannot inherit by right of representation, because she is only
a grandniece. Hence only N gets the estate. In the collateral
line, the right of representation takes place only in favor of the
children of brothers and sisters. (A925)
65._________A has a child B who has a child C. C dies. One day later B dies.
Can A share in the estate of C?
a. A can inherit from C’s estate because he is the legitimate heir of B.
since B is already dead, A inherits by right of representation and thus
inherits what B was suppose to receive from the estate of C.
b. A can intervene in the adjudication of C’s estate, not because he
represents B, but because A can get his share in the estate of B ,
which meantime is still included in C’s estate. B did not
predecease C hence B was entitled by law to inherit from C. A
does not inherit by representation here he inherits in his own
right, not from C’s estate, but from B’s estate.
c. A cannot inherit from the estate of C despite the death of his child B.
the right of representation does not exist in the ascending line but
only in the descending line. A here is the grandparent of C.
66._________A has 2 children B and C. B has 2 children D and E. D has a child
F. B dies in 2003 but D repudiates his share. Later A dies in 2005.
a. D cannot inherit from A because he has repudiated his inheritance
from B. One who repudiates is deemed to have repudiated all that he
can inherit from the decedent. F cannot also inherit from his
grandparent B because his father (D) had repudiate whatever he may
receive from the estate of B. One who repudiates his inheritance
transmits no rights to his heirs.
b. D can inherit from B in his own right and not by right of representation
and thus inherits from the estate of A together with C per capita and
not per stirpes. F, on the other hand, cannot inherit from the estate of
B because his father D repudiated his inheritance from B.
c. D can still inherit from A by representing B. F cannot represent
D in the inheritance from B because heirs who repudiate their
share (like D) may not be represented.
67.________ T has an estate is P90,000.00. T has three children A, B, and C. E
is the legitimate child of A. T executed a will, valid in form and gave
each of his children P30,000.00. A, however, is incapacitated to
inherit. Divide the estate.
a. E, in representation of his father A, who is incapacitated to inherit, will
get the latter’s share or P30,000.00 by right of representation. While
B and C will also each get P30,000.00.
b. An heir who repudiates, is incapacitated or predeceases his decedent
transmits nothing to his heirs. In this case, since A was incapacitated
to inherit, his son E, cannot participate in the distribution of the estate
of T. B and C, being the only heirs capacitated to inherit from the
estate of T are thus entitled to the entire estate of T or P45,000.00
each.
c. E gets P15k which is the legitime of A. B and C get P37,500 each.
E is not allowed to get the extra P15k because his father was a
voluntary heir and there is no right of representation with
respect to a voluntary heir. The extra amount will go by
accretion to B and C, who will then receive a total of P37,500
each.
68._________ T has 5 children. He made a will with only one provision,
disinheriting one of his children for living a disgraceful and immoral
life. If T dies with an estate of P100K, how would his estate be
divided?
a. The disinherited child is not entitled to his legitime and also a
share in the estate as an intestate heir since intestacy is only the
presumed will of the deceased. The entire estate of T shall then
be divided among the other 4 children equally or each will
receive P25K. (A915)
b. This is a case of preterition where one of the compulsory heirs, a
daughter of the testator, although mentioned in the will, is not given
anything. The estate of T shall be divided equally among all five
children of T or each child will receive PP20k including the
disinherited child.
c. The disinherited child of T will only be deprived in sharing in the free
portion of the estate of T but cannot be deprived of his/her legitime.
The legitime has been preserved by law for the compulsory heirs. A
legitimate child of a testator or decedent shall always be entitled to
his/her legitime.
5
69.________T has five children and disinherited one child for a ground provided
for by law. T also instituted his 4 other children as heirs in his will.
Divide the P100K estate. A OR B
a. The disinherited heir, who was validly disinherited for a ground
provided by law cannot receive his/her legitime. Neither can
he/she participate in the distribution of the estate with respect to
the free portion since the same has been disposed of by the
testator by way of institution in favor only of the four other
children. Thus, the four other children shall get their legitime
and divide the free portion equally among themselves.
b. An heir who has validly disinherited loses only his legitime but can
share in the free portion of the estate of T in the amount of P100k
which shall be equally divided among the 5 instituted children.
c. There being a valid disinheritance, the disinherited child of T will only
be deprived of his/her legitime but can ask for the annulment of the
institution of heirs in order that he/she may participate in the
distribution of the free portion. Thus the portion covering the legitime
shall be divided among the four children but the free portion shall be
divided among the five children including the disinherited heir.
70._______A has a child B who has a child C. If A disinherits B, is it still possible
for C to represent B in the succession from A?
a. No, C cannot represent his disinherited parent (B) in the settlement
of the estate of his/her grandparent (A). An heir who has been validly
disinherited transmits nothing to his heirs.
b. Yes, so long as C is not incapacitated to inherit from A. A
legitimate child of a disinherited heir can exercise the right of
representation for as long as said heir is capacitated to inherit
from the testator. What is to be determined in this case is C’s
capacity to succeed from A, not from B.
c. Although C cannot represent his disinherited parent in the settlement
of the estate of the former’s grandparent, he still receives from the
estate of his grandparent, not by right of representation but in his own
right. Hence, in this case, C will be entitled to the entire estate of A.
71._______B and C are A’s brothers; X, the child of B; Y and Z, the children of C.
Estate is P90k. A is the decedent. C predeceases A, divide the
estate.
a. B gets P30k; Y gets P30; and Z gets P30K
b. B gets P45k; and Y and Z each gets P22,500
c. Only B gets the entire estate of P90K
72._______B and C are A’s brothers; X, the child of B; Y and Z, the children of C.
Estate is P90k. A is the decedent. If B and C predecease A, divide
the estate.
a. X, Y and Z each get P30k. They inherit in their own right, and per
capita and not by right of representation.
b. X, Y and Z each get P30 by right of representation and they all inherit
per stirpes.
c. X and Y inherit by right of representation and the share of their parent
is divided between them thus each gets P22,500; while C, who also
inherits by right of representation gets the share of his parent which is
P45k.
73._________ Armand died intestate. His full-blood brothers, Bobby and Conrad,
and half-blood brothers, Danny, Edward and Floro, all predeceased
him. The following are the surviving relatives:
1. Benny and Bonnie, legitimate children of Bobby;
2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.
The net value of Armand's estate is P 1,200,000.
How much is Felix's share in the net estate?
a. P400,000.
b. P150,000.
c. P300,000.
d. P0.00
74._________In the probate of a holographic will and in order to determine the
authenticity of the handwriting of the testator, the presentation of
witnesses who know the handwriting and signature of the testator
shall be:
a. Two witnesses, if the will is not contested; 3 witnesses if the will is
contested; and in the absence of witnesses expert testimony shall be
presented
b. One witness, if the will is not contested; at least 3 witnesses if the will
is contested and an expert witness;
c. One witness if the will is not contested; at least 3 witnesses if
the will is contested; and in the absence of said witnesses, an
expert witness.
75._________What is meant by disposition captatoria and what is its
consequence?
a. It is a condition that the heir named in the will of the testator as
an heir, legatee or devisee shall also make some provision in his
will in favour of the testator or of any other person. Said
condition as well as the testamentary disposition in favor of said
heir/legatee or devisee is void.
b. It is a condition that the heir named in the will of the testator as an
heir, legatee or devisee shall also make some provision in his will in
favour of the testator or of any other person. Said condition is void
and shall be deemed as not made but the testamentary disposition in
favor of said heir/legatee or devisee is shall remain valid.
c. It is the security given by an heir but whose testamentary disposition
in his favor is subject to a negative potestative condition or consist in
not doing or not giving something. The security ensures that said heir
will not do or give that which has been prohibited by the testator, and
that in case of contravention, he will return whatever he may have
received, together with its fruits and interests.
76.________The causes for accretion in succession are the following:
a. In case of repudiation and incapacity of one of the heirs
b. In case of repudiation, incapacity and predecease
c. In case of disinheritance, incapacity and repudiation
d. In case of disinheritance and repudiation
77.______In the allowance of a will, the following are the issues to be resolved
by the court:
a. Testamentary capacity, validity of testamentary dispositions; and due
execution of the will
b. Identity of the will, testamentary capacity, intrinsic validity of the will
c. The identity of the will, due execution and testamentary capacity
d. Testamentary capacity, identity of the will, capacity of heir to succeed
78.______A, an alien, and B, a Filipino, executed their respective wills which
were written in one and the same document. They executed their respective wills
in a country which recognizes the making of the will in this manner as valid. The
laws of the country to which A belongs allows the making of a will in this manner.
Which of the following statement is correct, if the will would be probated here in
the Philippines:
a. The will is void for both A and B.
b. The will is valid for both A and B.
c. The will is valid as to B but void as to A.
d. The will is void as to B the Filipino but valid as to A,
the alien.
79.______ What is fideicommissary substitution
6
 a. Fedeicommissary substitution is one by virtue of which a testator 84._______ The attestation clause contains the following, except:
institutes a first heir and charges him to transmit the whole or part of
the inheritance to a second heir after the death of the first heir a. the number of pages used;
or a period provided by the testator. b. that the testator signed or caused another to sign the will
and every page thereof in the presence of the
b. Fedeicommissary substitution is one by virtue of which a instrumental witnesses;
testator institutes a first heir and charges him to preserve and c. notary public; (BAR Q)
transmit the whole or part of the inheritance to a second heir d. the instrumental witnesses witnessed and signed the will
upon the death of the first heir or the lapse of a period provided and all the pages thereof in the presence of the testator
by the testator. and one another.

c. Fedeicommissary substitution is one by virtue of which a testator 85.________ The decedent died intestate leaving an estate of P10 million. He
institutes a first heir and advices him to preserve and transmit the left the following heirs:
whole or part of the inheritance to a second heir upon the
death of the first heir or the lapse of a period provided by the a) Marlon, a legitimate child and
testator. b) Cecilia, the legal spouse.

d. Fedeicommissary substitution is one by virtue of which a testator Divide the estate.

institutes a first heir and charges him to preserve and transmit the
whole or part of the inheritance to a second heir and the a. Marlon gets 1/4 and Cecilia gets 3/4.
second heir to do the same and transmit the property to a third heir. b. Marlon gets 2/3 and Cecilia 1/3.
c. Marlon gets 1/2 and Cecilia gets 1/2. (BAR Q)
80.______ What is substitucion sub modo? d. Marlon gets 3/4 and Cecilia 1/4.

a. Substitucion sub modo is what is otherwise known as a 86.________It is the omission in the testator’s will of one, some or all of the
modal substitution. compulsory heirs in direct line, whether living at the time of execution
of the will or born after the death of the testator. What principle is
being referred to?
b. Substitucion sub modo is when substitution takes place
because the heir first named dies before the testator, is
a. reserve troncal
incapacitated to inherit or repudiates the
b. preterition (BAR Q)
inheritance.
c. fideicommissary
d. disposicion captatoria
c. Substitucion sub modo is when a first heir is named to
inherit the property with the charge of transmitting it to 87.________Any disposition made upon the condition that the heir shall make
a second heir after the life of the first heir some provision in his will in favor of the testator or of any other
named. person shall be void. Here, both the condition and the disposition are
void. What principle is being referred to?
d. Substitucion sub modo is when the testator prohibits the
alienation of the property given by way of a will for a a. reserve troncal
period of twenty (20) years. b. preterition
c. fideicommissary
81.________ Who can make a donation? d. disposicion captatoria (BAR Q)

a. All persons who can enter into contracts and dispose 88._______Pepito executed a will that he and 3 attesting witnesses signed
of their property. (BAR Q) following the formalities of law, except that the Notary Public failed to
b. All persons who are of legal age and suffer from no civil come. Two days later,the Notary Public notarized the will in his law
interdiction. office where all signatories to the will acknowledged that the testator
c. All persons who can make a last will and testament. signed the will in the presence of the witnesses and that the latter
d. All persons, whether natural or artificial, who own themselves signed the will in the presence of the testator and of one
property. another. Was the will validly notarized?

82.______Rex, a philanthropist, donated a valuable lot to the municipality on the
condition that it will build a public school on such lot within 2 years
from its acceptance of the donation. The municipality properly
accepted the donation but did not yet build the public school after 2
years. Can Rex revoke the donation?
a. Yes, since the donation is subject to a resolutory
condition which was not fulfilled. (BAR Q)
b. No, but Rex is entitled to recover the value of the land
from the municipality.
c. No, the transfer of ownership has been completed.
d. Yes, the donation is not deemed made until the
suspensive condition has been fulfilled.
a. No, since it was not notarized on the occasion when the
signatories affixed their signatures on the will.
b. Yes, since the Notary Public has to be present only
when the signatories acknowledged the acts required
of them in relation to the will. (BAR Q)
c. Yes, but the defect in the mere notarization of the will is
not fatal to its execution.
d. No, since the notary public did not require the signatories
to sign their respective attestations again.
89._______In his will, the testator designated X as a legatee to receive P2 million
for the purpose of buying an ambulance that the residents of his
Barangay can use. What kind of institution is this?

83._______The residents of a subdivision have been using an open strip of land a. a fideicomissary institution.
as passage to the highway for over 30 years. The owner of that land b. a modal institution. (BAR Q)
decided, however, to close it in preparation for building his house on c. a conditional institution.
it. The residents protested, claiming that they became owners of the d. a collective institution.
land through acquisitive prescription, having been in possession of
the same in the concept of owners, publicly, peacefully, and 90.______X owed Y P1.5 million. In his will, X gave Y legacy of P1 million but the
continuously for more than 30 years. Is this claim correct? will provided that this legacy is to be set off against the P1.5 million X
owed Y. After the set off, X still owed Y P500,000. Can Y still collect
a. No, the residents have not been in continuous this amount?
possession of the land since they merely passed
through it in going to the highway. (BAR Q) a. Yes, because the designation of Y as legatee created
b. No, the owner did not abandon his right to the property; a new and separate juridical relationship between
he merely tolerated his neighbors’ use of it for passage. them, that of testator-legatee. (BAR Q)
c. Yes, residents of the subdivision have become owners by b. It depends upon the discretion of the probate court if a
acquisitive prescription. claim is filed in the testate proceedings.
d. Yes, community ownership by prescription prevails over c. No, because the intention of the testator in giving the
private claims. legacy is to abrogate his entire obligation to Y.
d. No, because X had no instruction in his will to deliver
more than the legacy of P1 million to Y.

7

91.________ Which of the following is not a common ground in the
disinheritance of children and descendants, parents and ascendants
and spouse?
a. When the heir has been found guilty of an attempt against
the life of the testator, the testator’s descendants or
ascendants, and spouse in case of children and parents.
b. When the spouse has given grounds for the loss of
parental authority.
c. When the heir has accused the testator of a crime for
which the law prescribes imprisonment for six years or
more, if the accusation has been found groundless.
d. The refusal without justifiable cause to support the
testator who disinherits such heir.
only testamentary disposition in the will is the recognition of the
testator's illegitimate child with a popular actress. Is the will valid?
a. Yes, since in recognizing his illegitimate child, the
testator has made him his heir.
b. No, because the non-designation of heirs defeats the
purpose of a will.
c. No, the will comes to life only when the proper heirs are
instituted.
d. Yes, the recognition of an illegitimate heir is an ample
reason for a will. (BAR Q)
97.________ Ric and Josie, Filipinos, have been sweethearts for 5
years. While working in a European country where the execution of
joint wills are allowed, the two of them executed a joint holographic
will where they named each other as sole heir of the other in case
either of them dies. Unfortunately, Ric died a year later. Can Josie
have the joint will successfully probated in the Philippines?

92.________ Who among the following may not demand a partition of a. Yes, in the highest interest of comity of nations and to
the estate of a deceased person? honor the wishes of the deceased.
b. No, since Philippine law prohibits the execution of
joint wills and such law is binding on Ric and Josie
a. A third person to whom the power is entrusted by the
even abroad. (BAR Q)
decedent even if he is a co-heir.
c. Yes, since they executed their joint will out of mutual love
and care, values that the generally accepted principles of
b. The heirs themselves international law accepts.
d. Yes, since it is valid in the country where it was
c. Court of competent jurisdiction executed, applying the principle of "lex loci celebrationis."

d. A third person to whom the power is entrusted by the

decedent but must not be a co-heir. 98.________ Ramon, a Filipino, executed a will in Manila, where he left
his house and located in BP Homes Parañaque in favor of his Filipino
93.________ In succession, a mode: son, Ramgen. Ramon’s other children RJ and Ramona, both Turkish
nationals, are disputing the bequest to Ramgen. They plotted to kill
a. imposes an obligation upon an heir or devisee or legatee but does Ramgen. Ramon learned of the plot, so he tore his will in two pieces
not affect the efficacy of his rights to the succession. out of anger. Which statement is most accurate?

a. The mere act of Ramon Sr. is immaterial because the will

b. imposes an obligation upon an heir or devisee or legatee and until the is still readable.
obligation is fulfilled, the heir, devisee or legatee cannot inherit. b. The mere act of tearing the will amounts to revocation.
c. The tearing of the will may amount to revocation if
c. imposes only a condition upon an heir or devisee or legatee which, coupled with intent of revoking it. (BAR Q)
upon fulfillment, gives the heir, devisee or legatee the right to the d. The act of tearing the will is material.
inheritance.
99.________ A executed a 5-page notarial will before a notary public and three
d. imposes upon the estate or legal heirs an obligation which must be witnesses. All of them signed each and every page of the will. One of
fulfilled before the legatee or devisee may inherit. the witnesses was B, the father of one of the legatees to the will.
What is the effect of B being a witness to the will?
94.________ The equivalent of possession in good faith and
possession in bad faith for immovables is: a. The will is invalidated
b. The will is valid and effective (ALTERNATIVE ANSWER)
c. The legacy given to B’s child is not valid (BAR Q)
a. Two years of possession in bad faith is equivalent to one year in good d. B can get the legacy but cannot be a witness therefore it
faith. is as if there is only 2 witnesses and hence the will is not
valid.
b. Three years of possession in bad faith is equivalent to one year of
good faith. 100._______ Armand died intestate. His full-blood brothers, Bobby and
Conrad, and half-blood brothers, Danny, Edward and Floro, all
c. Four years of possession in bad faith is equivalent to one year of predeceased him. The following are the surviving relatives:
good faith.
1. Benny and Bonnie, legitimate children of Bobby;
d. Five years of possession in bad faith is equivalent to one year in good 2. Cesar, legitimate child of Conrad;
faith. 3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.
95.________ Fernando executed a will, prohibiting his wife Marina from The net value of Armand's estate is P 1,200,000. (2012 BAR)
remarrying after his death, at the pain of the legacy of P100 Million in
her favor becoming a nullity. But a year after Fernando’s death, How much do Benny and Bonnie stand to inherit by right of
Marina was so overwhelmed with love that she married another man. representation?
Is she entitled to the legacy, the amount of which is well within the
capacity of the disposable free portion of Fernando’s estate? a. P200,000
b. P300,000
a. Yes, since the prohibition against remarrying is absolute, c. P400,000
it is deemed not written. d. None of the above (BAR Q)
b. Yes, because the prohibition is inhuman and oppressive
and violates Marina’s rights as a free woman.
c. No, because the nullity of the prohibition also nullifies the ***
legacy.
d. No, since such prohibition is authorized by law and
is not repressive; she could remarry but must give up
the money. (BAR Q)

96.________ The testator executed a will following the formalities

required by the law on succession without designating any heir. The

8

2015 OT (not in this set) charge, lien or encumbrance cannot be subject to another burden,
change, or lien.
3. __________ “U” is the usufructuary of “N”, the naked owner. The possession
of “U” is 61._________ Can there be a usufruct over an easement?
a. Right to possess a. There can be no usufruct over an easement. While a usufruct
b. Right of possession maybe created over a right, such right must have an existence of
c. Presumed in good faith its own independent of the property. A servitude cannot be the
d. Presumed in bad faith object of a usufruct because it has no existence independent of
the property to which It attaches.
6. __________ One of those allowed by law to be a donee, despite absence of b. There cannot be a usufruct over an easement since an easement
contractual capacity, is presupposes two (2) tenements belonging to different persons and
a. Married woman the right attaches to the tenement and not to the owner. While a
b. Judicial person usufruct gives the usufructuary a right to use, right to enjoy, right to
c. One who is presumed dead the fruits, and right to possess, an easement gives only a limited use
d. Conceived child provided delivered from intra-uterine life and of the servient estate.
survived for 24 hours c. There can be no usufruct constituted on an easement since both an
easement and a usufruct are already burdens or liens on a property.
(30. _________ A is in a lower elevation to that of his immediate neighbor B. A burden, charge, lien or encumbrance cannot be subject to another
When A digs his land endangering the stracture of B to a possible collapse, the burden, change, or lien.
easement is:
a. Natura flow of water 62. __________Can there be an easement over another easement?
b. Subjacent support to A a. There can be no easement constituted on another easement since a
c. Lateral support to A burden, charge, lien or encumbrance cannot be subject to another
d. Subjacent support to B) burden, change, or lien.
b. There can be no easement over another easement since an
(31. _________ Right of way cannot be acquired by prescription because it – easement may be constituted only on a corporeal immovable
a. Has no external sign property. An easement, although it is a real right over an
b. Party wall immovable, is not a corporeal right. There can be no servitude
c. Intermittently used over another servitude.
d. Needs prescription for 30 years) c. There can be an easement constituted on another easement since an
easement is a limit on the use of the property, said first limit may also
(32. _________ Which of the following is not a legal easement? be subject to further limitations.
a. Easement on nuisance
b. Party wall 73. __________ The right of representation in testate succession exist in case of
c. Intervening tenement’s light and view a. Predecease and disinheritance
d. Drainage of building) b. Predecease and incapacity
c. Predecease incapacity and disinheritance
(33. _________ The exercise of easement which can ripen to ownership by
prescription is –
a. With equitable title, adverse, open and public TRUE OR FALSE
b. Continuous, adverse, open and public If the answer is “True” write “True”, it the answer id “False” write “False”
c. Uninterrupted, peaceful, public and in the concept of owner and the correct answer or reason. A mere “False” answer will not be given
d. Peaceful, uninterrupted and continuous) any credit.

(34. _________ A road of right of way cannot be acquired by – 1. Alfredo and Segunda, both Filipino citizens got married on April 14,
a. Recognition by servient estate 1960 and begot five children (Tomas, Alicia, Alfonso, Margarita, and
b. Demand by seller’s enclosed estate Leopoldo). Alfredo had two (2) illegitimate children (Rolando and
c. Final judgment of competent court Elena) with Josefa who was married to Adriatico. Josefa and
d. Deed of recognition) Adriatico raised Rolando and Elena from birth. Rolando has three
children (R1, R2, and R3); while Elena has 2 children (E1 and E2).
(35. _________ A road right of way is a legal easement in a – Adriatico died in 2000. Alfredo died in 2007. Tomas is married to
a. Voluntary will of dominant and servient estates Aurora and they have three (3) children (X, Y, and Z); Alicia is
b. Relocation of a former road crossing an estate to the most convenient married to Alberto and they have a child, B; Alfonso has four (4)
portion children with Corzaon (C, D, E, and F), Leopoldo died when he was
c. Opening an alley in place of a firewall only 5 years of age. In 2007, Alfredo died without a will leaving an
d. To connect adjoining communities affording residents for most estate of 5 million pesos. Margarita, daughter of Alfredo and Segunda
convenient access to a highway) died in the year 2000. Rolando and Elena were made aware of their
illegitimate filiation to Alfredo after the death of Adriatico. At the time
(36. _________ An aqueduct cannot be converted into a drainage because an of death of Alfredo, his father was still alive as well as his maternal
easement cannot be – grandparents. Alfredo’s two brothers (Leandro and Augusto) are also
a. Subject to additional burden still alive as well as the legitimate daughter (Maria) of his deceased
b. Used for what was not contemplated sister Dionisia. All persons living at the time of death of Alfredo claim
c. Impaired rights and interest in his estate.
d. Changed with mutual consent of servient and dominant estates)
Since he dies intestate, only his children Tomas, Alicia and Alfonso
52. _________ Excessive donations can be – inherit the entire estate with their mother Segunda. The entire estate
a. Reduced will be divided among the four of them equally as their legitime as
b. Revoked being void compulsory heirs and intestate heirs. The presence of the illegitimate
c. Retained in inter vivos donations children excludes the collateral line as well as the ascending libe and
d. Reduced in mortis causa donations the other descendants, The illegitimate children will not be given any
because they were conceived and born during the marriage of Josefa
(56. _________ Easement for drawing water and for watering animals means – (mistress) and her husband and thus deemed to be legitimate
a. Allow passage to persons and animals children of Adriatico. Thus, the P5M will be divided into four.
b. Allow passage of animals to drink or be transported
c. Allow persons in tow of animals to the rivers 2. For many years, the Rio Grande river deposited soil along its bank,
d. Allow livestocks to their water areas) beside the titled land of Jose. In time, such deposit reached an area
of one thousand square meters. With the permission of Jose, Vicente
60. _________ Can there be an easement over a usufruct? cultivated the said area. Ten years later, a big flood occurred in the
a. There can be no easement over a usufruct. Since an easement river and transferred the 1000 square meters to the opposite bank,
may be constituted only on a corporeal immovable property, no beside the land of Agustin. The land transferred is now contested by
easement may be constituted on a usufruct which is not a Jose, Agustin, and Vicente.
corporeal right
b. There can be an easement over a usufruct since an easement may Jose should prevail. The disputed area, which is an alluvion, belongs
be constituted on corporeal or incorporeal property or right by right of accretion to Jose, the riparian owner. When, as given in
c. There can be no easement over usufruct since both an easement and the problem, the very same area" was "transferred" by flood waters to
a usufruct are already burdens or liens on a property. A burden, the opposite bank, it became an avulsion and ownership thereof is
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 retained by Jose who has two years to remove it. Vicente's claim
based on prescription is baseless since his possession was by mere
tolerance of Jose and, therefore, did not adversely affect Jose's
possession and ownership. Inasmuch as his possession is merely
that of a holder, he cannot acquire the disputed area by prescription.
TRUE

3. Liam died after executing a Last Will and Testament leaving his
estate valued at P12 Million to his common-law wife Miley. He is
survived by his brother Ronie and his half-sister Michelle. Liam’s
wishes contained in his will is valid and should be respected. The law
grants to a person the right to determine the disposition of his
properties upon his death and the aiw prefers testamentary
succession to intestate succession. TRUE

4. In the preceding problem, if Liam failed to execute a will, he died

intestate and his estate was inherited by his intestate heirs. His
intestate heirs are Ronie and Michelle. However, Ronie will receive
double the share of Michelle because Michelle was a half-blood sister
while Ronie was a full-blood brother. Ronie will thus receive P8Million
pesos, while Michelle will receive P4 Million pesos. TRUE

5. Assuming Liam died intestate and is survived by his brother Ronie,

his half-sister Michelle, and his legitimate son Jayson, only Jayson
will inherit from Liam as his compulsory heir in the direct descending
line. Jayson will exclude the collateral relatives Ronie and Michelle. In
intestate succession, the direct line excludes the collateral line. TRUE

6. Assuming further he died intestate, survived by his father Juan, his

brother Ronie, his half-sister Michelle, and his legitimate son Jayson,
how will his estate be distributed?
Only Jayson will inherit from his father Liam. In estates succession,
the direct line excludes the collateral line. But among those in the
direct line, the descending excludes the ascending. Hence, the father
of Juan and Jayson, who are in the direct line, exclude the brother
Ronie and the sister Michelle who are both in the collateral line.
However, the son Jayson who is in the descending line, excludes the
father Juan who is in the ascending line. TRUE

7. Emil, the testator, has three legitimate children, Tom, Henry and
Warlito; a wife named Adette; parents named Pepe and Pilar; an
illegitimate child, Ramon; brother, Mark; and a sister, Nanette. Since
his wife Adette is well-off, he wants to leave to his illegitimate child as
much of his estate as he can legally do. His estate has an aggregate
net amount of Pl,200,000.00, and all the above-named relatives are
still living. Distribute the estate of Emil according to his wishes without
violating the law on testamentary succession providing the share of
each and what it stands for.

In his will, Emil should give his compulsory heirs just their respective
legitimes and give all of the free portion to his illegitimate child in
addition to the said child’s legitime. He should divide his estate in his
will as follows:

Tom P200,000.00
Warlito P200,000.00
Henry P200,000.00
Adette P200,000.00
Ramon P400,000.00 (P100,000 as legitime and 300,000 as free
portion)

Total P1,200,000.00
TRUE

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