CIVREV.Quiz6Property

SY 2015-2016

Civil Law Review 1 –Delson Quiz 6 (Property)

1. X purchased the very old Spanish house he was renting from a friend with the intention of demolishing it once he receives his retirement pay few year from the sale so that he could construct his dream house thereon. The building is personal property. False – immovable property Art. 415 (1) by incorporation 2. A concrete house on rented land is personal property. False – building of strong materials is real property. 3. A concrete house on rented land may be the object of a chattel mortgage. True, estoppel as between the parties to the contract 4. The house in no. 3 above may be auctioned as chattel. False – Public or Third parties can auction real property. 5. A house built in the middle of the street is not real property because it is a nuisance per se and must therefore be abated. False – Still real property 6. The cash register of a restaurant is real property. False – incidental only to the industry. 7. The beds of a hospital are personal property. False – real property; tend to directly meet the needs of the business 8. The machinery to be immobilized by destination must be owned by the owner of the tenement. True 9. A statue may be immobilized by destination under paragraph 4 of Article 415. False – BOTH INCORP (AND DESTINATION) 10. Machinery placed by the lessor on rented property for an industry operated by the lessee is real property. True 11. A portable liquid container may may be  be classified as real property under Article 415. True 12. A St. Peter’s fish in a fishpond may be donated orally. True – once fish is removed it is personal property

SY 2015-2016

Civil Law Review 1 –Delson Quiz 6 (Property)

13. A vintage car placed by Mr. X in his living room as a permanent ornamentation may be subjected to a writ of replevin in favor of Y. True – presumption that there is better right over the property 14. Without exception, the strip of land between the high and low water marks of the sea cannot be registered under the Torrens system. True – foreshore land 15. The Roponggi lot in Japan, when no longer intended for public service, shall form part of the patrimonial property of the Philippines. True- Art. 422 is not automatic. Laurel v. Garcia – there is a need for executive or legislative proclamation. 16. A health facility acquired and operated by the City of Manila using funds donated by Lucio Tan is property for public use. False, Rabuco vs Villegas – patrimonial property 17. The aircon unit of Jollibee Baguio is real property. False, not tend to directly meet the needs of the industry  18. The printing machine of a newspaper company installed inside its building is a real property. True 19. A machinery bolted on a platform at the backyard of Mr. X is personal property. True 20. Exceptionally, a municipality may lease a portion of the town plaza to raise money for charity. True 21. Ownership is elastic. True 22. Ownership may be limited by the nature of the property owned. True 23. The doctrine of self-help may apply to an immovable property. True 24. The doctrine of state of necessity cannot be invoked if all the elements for the application of self-help are attendant. True

SY 2015-2016

Civil Law Review 1 –Delson Quiz 6 (Property)

25. Without exception, Art. 448 will apply only if both parties acted in good faith. False, also applies when co-ownership is terminated 26. An owner who did not know the exact metes and bounds of his land and therefore encroached on his neighbor’s land cannot be a builder in good faith. False, technogas phil vs ca – he is builder in good faith – not presumed to know metes and bounds of his property 27. An accretion automatically belongs to the owner of the land adjoining the banks of the river. True 28. There can be co-ownership between X and Y over two eggs of the same size. True 29. An agreement to subdivide property terminates co-ownership. False – actual partition will terminate 30. A co owner becomes the owner of a parcel of land 40 years after he caused the cancelation of the old title in the names of the co-owners and the issuance of a new one in his name even if he did not tell his co-owner about the cancellation. True (De Lima vs CA – registration of land = sufficient compliance with the notice requirement) 31. To 40. X and Y are co-owners of a bird. Discuss the rights and obligations of X and Y? Rights of each co-owner as to the thing owned in common: 1. to use the thing owned in common  2. to share in the benefits and charges in proportion to the interest of each 3. to the benefits of prescription: prescription by one co owner benefits all. 4. Repairs and taxes 5. To oppose alterations made without the consent of all even if beneficial 6. To protest against seriously prejudicial decisions of the majority 7. Legal redemption 8. To defend the co-ownerships interest in court 9. To demand partition at any time