Questions:

Reconcile 815 with law that joint will made by a Filipino is not allowed

Art 918 - Ineffective disinheritance

Art 957 - Right to repurchase? Eviction and Indeterminate thing?
Art 933 - When does legatee or devisee has right to reimbursement? Reconcile that with
ineffectivity of devise/legacy
Art 975/979/980: nephews & nieces alone (per capita) VS. grandchildren alone (per stirpes)
Clarify: Iron Barrier Rule does not apply to illegit children inheriting from illegit children

Memory Aid:
1. Easements
2. Nuisance per se vs. Nuisance per accidens
3. Definition of Wills: SUSACPERVID
4. Valid Notarial Will
5. Valid Holographic Will
6. Witnesses to a Will
7. Preterition
8. ISRAI
9. Fideicommissary Substitution
10. Reserva Troncal
11. Iron Barrier Rule
12. Valid Disinheritance
13. Causes for disinheritance
14. Ineffective disinheritance
15. Revocation of disinheritance
16. Ineffective Devise
17. Rules of Intestate Succession
18. Accretion
19. Iron Curtain/Barrier

B. For immovable property (Art 749)

1. donation must be in a public instrument, specifiying theirn the property donated and hte value
of the charges which the done must satisfy
2. acceptance inn the same deed or in a separate public document
3. if in a separate document, donor shall be notified thereof in an authenticated form and this step
shall be noted in both instruments.

SUCCESSION

Art 789 PATENT AMBIGUITY - ambiguity is apparent on the face of the will
I give to some of my relatives some of my properties

Art 789 LATENT Ambiguity - ambiguity is not apparent on the face but upon enforcing the will
I give to my son my green Honda Civic car.
(But testator pala has 5 sons)

Art (as to time) 2093

Art 799 Sound mind

Art 802/803. Married women may now do acts

813. Only dispositions SIGNED but NOT dated may be validated by the last provision dated and
signed. (Provisions dated but NOT signed MAY NOT be validated)

Art 822. Sanity/Supervening Incapacity

Art 823 in conjuction with Art 824. (Additional witness needed to make it 3 in total excluding
legatee/devisee/creditor) Creditor is competent to be a witness.

REVOCATION VS DISALLOWANCE
1.
2.
3. R - may be partial D - always total

Art 845. Unknown Person

Property - Midterms
This is a reconstituted questionaire of my exam today in Property, under former Associate Dean,
ATTY. TLC.

I.

True or False. Write TRUE if the statement is true, otherwise write FALSE and cite the legal basis
for such.

a. A possessor in bad faith has the right to reimbursement and right to retention with regard to the
necessary expenses
b. Legal partition is effected if the co-owned cannot be separated thereof.
c. Quieting of title is an action quasi in rem.
d. Properties of the public domain may be subject to execution upon judicial order.
e. In case when two owners of two materials are mixed, the doctrine to be applied is “accessory
follows the principal.”

II.

Multiple Choice. Write the letter of the best and correct answer.

a. Doctrine of self help, characteristics

b. Characteristics of avulsion
c. Doctrine of self help, characteristics
d. Characteristics of avulsion
e.

III.

Sps. Reyes owns a piece of land in Makati City worth P1M, covered by TCT # 1234. Sps. Santos
builds a P900K house at the said lot. When Sps. Reyes visited the lot, they found out and
discovered the construction, but they did not brought up the matter, because it may cause disorder,
until the construction was finished.

Discuss the rights of Sps. Reyes (10%) and Sps. Santos (10%).

IV.

Suppose in Question III, while in possession of the land, Sps. Santos introduced improvements,
what are their rights regarding

a. Necessary expenses (5%);

b. Useful expenses (5%); and
c. Luxurious expenses (5%).

V.

Carmen is in a buy and sell business of jewelry. Donna is an agent of Carmen on commision basis.
In need of money to pay off her casino debt, Donna secured a P50K loan from Aguirre Pawnshop,
giving 5 rings as pledge thereof. Due to her failure to redeem the said rings before the maturity
date, the pawnshop foreclosed it. 3 rings were thereafter sold in a public auction sale to Evelyn,
while 2 rings remained with Aguirre Pawnshop. When Carmen learned of the sale, she sued to
recover her rings from Aguirre Pawnshop and Evelyn. Both refused and interposed the defense as
being possessors in good faith.

a. Between Carmen and Aguirre Pawnshop, who has the better right? (5%)
b. How about between Carmen and Evelyn? (5%). Explain fully.

VI.

Benjie inherited from his father Bonifacio a 250 sq. m. lot, when the latter died on February 14,
1996. Benjie, then in Dubai, was only able to accept the inheritance on March 14, 2000. He
thereafter came home, built a house and lived there with his family. Sometime in March 14, 2002,
Henry appeared and claimed to be the lawful owner of the said lot. He filed an action for
reconveyance to recover the land. It was later proved that during his lifetime, Bonifacio has been in
possession of the land since 1981 until his death in 1996, in bad faith. Benjie pleaded as his
defense, that Henry's claim has already prescribed.

Rule on the contention of Benjie, citing the legal/doctrinal basis that is to be applied (10%).

VII.
There are two adjacent lots by a river. Lot # 1, with an area of 1000 sq. m. is owned by Rudy, while
Lot # 2, also with an area of 1000 sq. m. is owned by Romy. For a period of 10 years, soil deposits
began to accumulate over a piece of land. 25 sq. m. was deposited in Lot # 2, which formerly
belonged to Lot # 1. Rudy asserts that accretion cannot validly take place because the subject lots
are registered in the Torrens system.

a. Who owns the accretion? Explain fully (5%).

b. What are the elements of alluvium? (5%).

VIII.

Bernie, a treasure hunter, secured a map indicating the location of a hidden treasure. It was later
identified that the land belongs to Bert, an OCW in Kuwait. Despite attempts to find him, Bernie
was unable to contact Bert. So he decided to enter the property, opening the steel gate of the
property. He conducted his search thereon. True enough, a found the hidden treasure, comprised
of precious stones, gold, jewelries and money. Bert learned of Bernie's discovery. He demanded
his share of the hidden treasure. Bernie refused.

What are the rights of Bert and Bernie? (10%).