Quiz No. 10

Correct answer

Classification of Property & Ownership incorporation

The respondent's email address

(brasileno.cr20@s.msumain.edu.ph) was recorded on Feedback
submission of this form.

Paras, page 19
 
 

Land owned by A was sold at public auction. Now, under the

During the pendency of an ejectment case, the defendant died
law, the owner is entitled to redeemed said property within a
and his heirs vacated the property. Can the recovery of the
period of one year. Before the expiration of said period, the
damages proceed despite the death and the leaving of the
sheriff put the purchaser forcibly in possession of the land. May
premises of his heirs?
A file an action of forcible entry against both the sheriff and the
purchaser?
0/2
0/2
Yes
Yes
No
No
It depends
 
 
to the sheriff only
None of the above
to the purchaser only
Correct answer
Correct answer Yes
Yes
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Paras, page 106

Paras, page 105  
 
Ownership may be exercised over things or ______.
Below are hidden treasures, except:
0/2
2/2
land
money
 
minerals
Correct answer
  jewelry rights

precious objects Feedback

 
1 Art. 427, RPC.

Growing crops are considered real property by ____________.  

0/2 Only agricultural lands of public domain can be alienated.

nature 0/2
 True personal property

False  

  It depends

Sometimes none of the above

None of the above  

Correct answer A plenary action for the recovery of the possession of real
estate, upon mere allegation and proof of a better right thereto,
True and without allegation of proof of title. This action can only be
brought after the expiration of one (1) year. What action is
Feedback being referred to?

0/2
Paras, page 40-41

  Accion publiciana

A floating house tied to a shore or bank post and used as Quieting of Title
residence is considered real property.
Accion interdictal
2/2
 
True
Accion Reinvindicatoria
 
Correct answer
False Accion publiciana

Sometimes  

None of the above

A, the owner of a house was renting the same to B, who was
occupying said house. B had a guest, C, who was staying at
  the house. A brought an action of unlawful detainer against B,
who was not paying his rentals. A won and B was ejected. C,
however, wanted to remain in the premises, alleging that the
One is not like the other. action had been brought only against B, not against both B and
C. Is C correct in alleging that he should not be ejected?

2/2
0/2

right to possess
Yes

right to accession
 

 
No

right to use
It depends

right to the fruits

None of the above

 
Correct answer

A share of stock in a gold mining corporation is

2 No

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2/2

real property Paras, page 118-119

  0/2

_________ is the action that must be brought when possession Yes

by a landlord, vendor, vendee or other person of any land or
building is being unlawfully withheld after the expiration or
termination of the right to hold possession, by virtue of any No
contract, express or implied.
 
2/2
Yes on the machinery only

Unlawful detainer
Yes on the building only

 
Correct answer

Feedback Yes on the machinery only

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Paras, page 106

 
Ulep, pages 6-7

One is not like the other.  

2/2 Trees and plants are considered real property by _______ if

they are spontaneous products of the soil.

replevin
2/2

 
nature
accion publiciana
 
accion reivindicatoria
incorporation
forcible entry
destination
 
analogy

When a municipality no longer uses a public plaza as such,

and instead constructs buildings thereon for storage of  
government property or for housing purposes,

The owner of a thing cannot use it in a way that will injure the
2/2 right of a third person. Thus, every building or land is subject to
the easement which prohibits its proprietor or possessor from
committing nuisance like noise, jarring, offensive odor, and
it can be sold to a private individual smoke. This principle is known as

  2/2

it still cannot be sold to a private individual Jus vindicandi

It depends Jus dispondendi

None of the above Jus abutendi

  Sic utere tuo ut alienum non laedas

3

To secure the payment of B of a loan, A, the owner of a lot,  

executed a chattel mortgage on the building he erected as well
as on some newly bought machinery stored therein. Thereafter,
a judgment was rendered against A in favor of C who had the  
building and machinery levied upon to satisfy the judgment. Is
the chattel mortgage binding on C?
One is not like the other.
2/2 friar lands

strategy  

method Action to recover real property based on ownership. Here, the

object is the recovery of the dominion over the property as
owner. What action is being referred to?
 

2/2
force

intimidation Accion interdictal

  Quieting of Title

Accion publiciana
O, owner of Lot A, learning that Japanese soldiers may have
buried gold and other treasures at the adjoining vacant Lot B
belonging to spouses X & Y, excavated in Lot B where she Accion reinvindicatoria
succeeded in unearthing gold and precious stones. How will
the treasures found by O be divided?
 

0/2
 

100% to O as finder
A house built on rented land is subject to chattel mortgage.

50% to O and 50% to the spouses X and Y

2/2
 
True
50% to O and 50% to the state
False
none of the above
Sometimes
Correct answer
 
none of the above

None of the above

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2010 Bar Exam, Question No. II-B. The general rule is that the
treasure shall belong to the spouses X and Y, exception is
discovery of hidden treasure by chance. This is not by chance
because O knew that the treasure was in Lot B.
When parties present to the registrar of property a document of
chattel mortgage, the registrar must record it as such even if in
his opinion, the object of the contract is real property.

2/2
Which of the following is patrimonial property of the State?

True
0/2
 
tidal swamps
False
mangroves
It depends
friar lands
None of the above
4
foreshore lands
 
 
A filed registration proceedings for a parcel of land. The land
Correct answer contained trees and plants still annexed to the soil. If A
succeeds in having the land registered under his name, will he
also be considered the owner of the trees and plants?
2/2 All things which are or maybe the object of appropriation are
considered either: immovable or movable.

Yes
2/2

No
Sometimes True
It depends
False
 
Sometimes False
None of the above
True
 
 

In 1907, the government demanded from Aldecoa and Co., the

possession of a piece of land which had been formed by the  
action of the sea. Aldecoa and Co. claimed ownership on the
ground that the adjacent lands was theirs, and that their
erection of a wall was responsible for the forming of a new Steel towers of MERALCO are considered real properties.
parcel of land. The new parcel of land belongs to

2/2
2/2

True
Aldecoa and Co.

False
The state

 
 

Sometimes
It depends

None of the above

None of the above

 
 

The steamship President Cleveland is

Uprooted timber in the timberland is

2/2
0/2

real property
immovable property

personal property
movable property

both real and personal property

it depends

 
 

none of the above

none of the above

 
Correct answer

immovable property The defendant used a "jumper" and was thus able to divert the
flow of electricity, causing loss to the Meralco of over 2000
kilowatts of current. Accused of theft, his defense was that
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electricity was an unknown force, not a fluid, and being
5
intangible, could not be the object of theft. Which decision is
correct?
Paras, page 18

  2/2

Electricity, being intangible, cannot be the object of theft.

 Defendant is only civilly liable corresponding to over 2000 jus vindicandi
kilowatts of current.

jus sanguines
Electricity is not like an LPG (gas) which can be stolen

 
None of the above

jus accesionis
 

 
 

One is not like the other.

Contracts of individuals who, not being personally disqualified
to hold alienable lands of the public domain, have been able to
acquire in good faith, reclaimed portions of the subject property 0/2
from AMARI Coastal Bay Development Corporation. Should
said contracts be upheld?
right to recover

0/2
right to dispose

Yes
 

No
right to own

It depends
right to enjoy

 
Correct answer

None of the above right to own

Correct answer  

Yes
__________ is defined as an action or provisional remedy
where the complainant prays for the recovery of the possession
Feedback of personal property.

2/2
Paras, pages 68-69

 
Replevin

_________ - when the ownership is vested in two or more  

owners.

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2/2

Co-ownership Paras, page 94

 
 

A summary action to recover physical or material possession

Feedback only and must be brought within one (1) year from the time the
cause of action arises. What action is being referred to?

Paras, page 87
0/2
 
Accion reinvindicatoria
One is not like the other. 6
Accion publiciana
2/2
 

jus utendi
Quieting of Title
 Accion interdictal 2/2

Correct answer all property of the State, which is not of public dominion, is
patrimonial property
Accion interdictal

patrimonial property of the state, when no longer intended

  for public use or for public service, shall become property of
public dominion
Barong-barongs are real property.
 

2/2
The property of provinces, cities and municipalities is divided
into property for public use and patrimonial property
True
Property is either of public dominion or of private ownership
False
 
 

If during the construction of my house, I requested my neighbor

Sometimes to keep in the meantime a painting (with frame) which I own
and my friend attaches said painting on his own wall, the
painting should be regarded as
None of the above

  2/2

One is not like the other. real property

personal property
2/2

 
mines

It depends of the intent to attach.

quarries

None of the above

dolomites

 
 

Property is either of public dominion or of private ownership.

slag dumps

  0/2

________ is a summary action to recover material or physical True

possession of real property when a person originally in
possession was deprived thereof by force, intimidation, False
strategy, threat or stealth.

Sometimes
2/2

 
Forcible entry
None of the above
 
Correct answer
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True
7
Paras, page 99 Feedback

 
Art. 419, NCC
Which of the following statements is wrong?  
A tenant placed machines for use in a sawmill on the land of 0/2
the landlord. The machinery is

True
0/2

False
real property
Sometimes
personal property
 
It depends
None of the above
 
Correct answer
None of the above
False

Correct answer
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personal property

Feedback Paras, page 31

Paras, Pages 23-24

One is not like the other.
 

0/2
One is not like the other.

Real property by analogy

2/2

Real property by incorporation

electricity
Real property by nature
lightning
 
 
Real property by attachment
nitrogen
Correct answer
gas
Real property by attachment

 
 

Trees and plants are considered real property by _______ if

they were planted through labor. The following are the limitations on the right of ownership
imposed by the owner himself, except:

2/2
0/2

nature
Lease

incorporation
Pledge

 
 

destination
8 Will/Succession

analogy
Mortgage

 
Correct answer

Will/Succession
Sugar quotas are personal property.
 

______ ownership - this is ownership where the right to the use

and the fruits has been denied.

0/2

Naked ownership

Correct answers
Naked

naked

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Paras, page 87

A sold his land to B in a pacto de retro transaction, but he (A)

continued in possession thereof. At the termination of the right
to repurchase, since A had so far failed to make the
redemption, but continuing to possess, may B file an action for
unlawful detainer against A?

0/2

Yes

No

It depends

None of the above

Correct answer

Yes

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Paras, page 120