Addt'l Land Laws (Bar Exams)

Question 1

2. The owner of a thing cannot use it in a way that will injure the 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, jarting, offensive odor, and smoke. This principle is known as (2011 BAR)

A. Jus vindicandi
B. Sic utere tuo ut alienum non laedas.
C. Jus dispondendi.
D. Jus abutendi.

Answer 1

B. Sic utere tuo ut alienum non laedas.

Question 1

1. 0, 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 8 where she succeeded in unearthing gold and precious stones. How will the treasures found by O be divided?

A. 100% to O as finder
B. 50% to O and 50% to the spouses X andY
C. 50% to D and 50% to the state
D. None of the above

Answer 1

D. None of the above

Question 2

3. A delayed accession is: (2014 BAR)

A formation of an island
B. avulsion
C. alluvium
D. change in the course of the riverbed

Answer 2

B. avulsion

Question 3

4. Which of the following is an indispensable requirement in an action for “quieting of title” involving real property? The plaintiff must (2011 BAR)

A. be in actual possession of the property.
B. be the registered owner of the property. C. have legal or equitable title to the property.
D. be the beneficial owner of the property

Answer 3

C. have legal or equitable title to the property.

Question 4

5. The following are the limitations on the right of ownership imposed by the owner himself, except: (2012 BAR)

a) Will/Succession
b) Mortgage
c) Pledge
d) Lease

Answer 4

a) Will/Succession

Question 5

6. The following cannot ask for the reduction of inofficious donation, except: (2012 BAR)

a) Creditors of the deceased
b) Devisees or legatees.
c) Compulsory heirs of the donor
d) The surviving spouse of the donee.

Answer 5

c) Compulsory heirs of the dono

Question 6

7. Donation is perfected from the moment (2012 BAR)

a) the donee accepts the donation.
b) the donor executes the deed of donation.
c) the donor knows of the donee’s acceptance even if the latter has not received the copy of the deed of donation.
d) the donee confirms that the donor has learned the former’s acceptance.

Answer 6

c) the donor knows of the donee’s acceptance even if the latter has not received the copy of the deed of donation.

Question 7

8. 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? (2012 BAR)

a) The donation is void and Ernesto may get mobile phone back.
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.

Answer 7

a) The donation is void and Ernesto may get mobile phone back.

Question 8

9. 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 doner. 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? (2011 BAR)

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.

Answer 8

(D) No, A’s share goes to his heirs since the donation did not provide for reversion to donor.

Question 9

10. Who can make a donation? f12011 BAR)

A) All persons who can enter into contracts and dispose of their property.
B) All persons who are of legal age and suffer from no civil interdiction.
C) All persons who can make a last will and testament. Page 83 of 199 Civil Law
D) All persons, whether natural or artificial, who own property.

Answer 9

A) All persons who can enter into contracts and dispose of their property.

Question 10

11. 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? fi2011 BAR)

A) Yes, since the donation is subject to a resolutory condition which was not fulfilled.
B) No, but Rex is entitled to r er 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

Answer 10

A) Yes, since the donation is subject to a resolutory condition which was not fulfilled.

Question 11

12. X bought a land from Y, paying him cash. Since they were friends, they did not execute any document of sale. After ti years, the heirs of X asked Y to execute a deed of absolute sale to formalize the verbal sale to their father. Unwilling to do so, X’s heirs filed an action for specific performance against Y. Will their action prosper? (2011 BAR)

A) No, after more than 6 years, the action to enforce the verbal agreement has already elapsed.
B) No, since the sale cannot under the Statute of frauds be enforced.
C) Yes, since X bought the land and paid Y for it. Page 85 of 199 Civil Law
D) Yes, after full payment, the action became imprescriptible.

Answer 11

A) No, after more than 6 years, the action to enforce the verbal agreement has already elapsed.

Question 12

13. An action for reconveyance of a registered piece of land may be brought against the owner appearing on the title based on a claim that the latter merely holds such title in trust for the plaintiff. The action prescribes, however, within 10 years from the registration of the deed or the date of the issuance of the certificate of title of the property as long as the trust had not been repudiated. What is the exception to this 10 year prescriptive period? (2011 BAR)

A) When the plaintiff had no notice of the deed or the issuance of the certificate of title.
B) When the title holder concealed the matter from the plaintiff
C) When fortuitous circumstances prevented the plaintiff from filing the case sooner.
(D) When the plaintiff is in possession of the property.

Answer 12

(D) When the plaintiff is in possession of the property.

Question 13

15. The following are the elements of an obligation, except: fi2012 BAR)

a) Juridical Legal Tie
b) Active subject
c) Passive subject
d) Consideration

Answer 13

d) Consideration

Question 14

14. What is the prescriptive period for filing an action for revocation of a donation based on acts of ingratitude of the donee?(2011 BAR)

A) 5 years from the perfection of the donation.
(B) 1 year from the perfection of the donation.
C) 4 years from the perfection of the donation.

Answer 14

(B) 1 year from the perfection of the donation.

Question 15

16. It is a conduct that may consist of giving, doing, or not doing something. fi2012 BAR)

a) Obligation
b) Juridical necessity
c) Prestation
d) Contract

Answer 15

c) Prestation

Question 16

17 It is a juridical relation arising from lawful, voluntary and unilateral acts based on the principle that no one should unjustly enrich himself at the expense of another. 92012 BAR)

a) Quasi contract
b) quasi delict
c) Contract
d) Delict

Answer 16

a) Quasi contract

Question 17

18. The following are the elements of quasi delict, except: fi2012 BAR)

a) Act or omission
b) fault/negligence
c) Damage/injury
d) Pre-existing contract

Answer 17

d) Pre-existing contract

Question 18

19. The creditor has the right to the fruits of the thing from the time: 2012 BAR)

a) the thing is delivered.
b) the obligation to deliver the things arises.
c) the contract is perfected.
d) the fruits are delivered.

Answer 18

b) the obligation to deliver the things arises.

Question 19

20. A debtor is liable for damages in case of delay if he is guilty of any of the following, except: (2012 BAR

a) default/mora)
b) mistake
c) negligence/culpa)
d) breach through contravention of the tenor thereof

Answer 19

b) mistake

Question 19

22. The following are the requisites of mora solvendi, except: fi2012 BAR

a) Obligation pertains to the debtor and is determinate, due, demandable, and liquidated.
b) Obligation was performed on its maturity date.
c) There is judicial or extrajudicial demand by the creditor.
d) failure of the debtor to comply with such demand.

Answer 19

b) Obligation was performed on its maturity date.

Question 20

21. This term refers to a delay on the part of both the debtor and creditor in reciprocal obligations (2012 BAR)

a) Mora accipiendi
b) Mora solvendi
c) Compensation morae
d) Solution indebiti

Answer 20

c) Compensation morae

Question 21

24. The following are the requisites of fortuitous event, except: (2012 BAR)

a) Cause is independent of the will of the debtor b) The event is unforeseeable/unavoidable.
c) Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal manner; impossibility must be absolute not partial, otherwise not force majeure,
d) Debtor contributed to the aggravation of the injury to the creditor

Answer 21

d) Debtor contributed to the aggravation of the injury to the creditor

Question 22

23. It is an international evasion of the faithful performance of the obligation (2012 BAR) Page 88 of 199 Civil Law

a) Negligence
b) Fraud
c) Delay
d) Mistake

Answer 22

b) Fraud

Question 23

25. A debtor may still be held liable for loss or damages even if it was caused by a fortuitous event in any of the following instances, except: (2012 BAR)

a) The debtor is guilty of dolo, malice or bad faith, has promised the same thing to two or more persons who do not have the same interest.
b) The debtor contributed to the loss.
c) The thing to be delivered is generic.
d) The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the obligation.

Answer 23

c) The thing to be delivered is generic.

Question 24

26. A natural obligation under the New Civil Code of the Philippines is one which fi2011 BAR)

A) the obligor has a moral obligation to do, otherwise entitling the obligee to damages.
B) refers to an obligation in writing to do or not to do.
c) the obligee may enforce through the court if violated by the obligor
D) cannot be judicially enforced but authorizes the obligee to retain the obligor’s payment or performance.

Answer 24

D) cannot be judicially enforced but authorizes the obligee to retain the obligor’s payment or performance.

Question 25

27. Buko, Formin and Toti bound themselves solidarily to pay Ayee the amount of P 5,000.00. Suppose Buko paid the obligation, what is his right as against his codebtors? (2012 BAR)

a) Buko can ask for reimbursement from Fermin and Toti.
b) Buko can sue ftermin and Toti for damages.
c) Buka can sue for rescission,
d) Buko can claim a refund from Ayee.

Answer 25

a) Buko can ask for reimbursement from Fermin and Toti.

Question 26

28. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the sum of P 10,000.00. When the obligation became due and demandable, Ayee sued Buko for the payment of the P 10,000.00. Buko moved to dismiss on the ground that there was failure to implead Fermin and Toti who are indispensable parties. Will the motion to dismiss prosper? Why? (2012 BAR)

a) Yes, because Fermin and Toti should have been impleaded as their obligation is solidary.

b) No, because the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously.

c) No, because a motion to dismiss is a prohibited pleading.

d) Yes, because ftermin and Toti should also pay their share of the obligation

Answer 26

b) No, because the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously.

Question 27

29. Buko, ftermin and Toti are solidarily debtors of Ayee. Twelve fi12) years after the obligation became due and demandable, Buko paid Ayee and later on asked for reimbursement of ftermin’s and Toti’s shares. Is Buko correct? Why? fi2012 BAR)

a) No, because the obligation has already prescribed.
b) Yes, because the obligation is solidary
c) No, because in solidary obligation any one of the solidary debtors can pay the entire debt.
d) Yes, because Fermin and Toti will be unduly enriched at the expense of Buko.

Answer 27

a) No, because the obligation has already prescribed.

Question 28

30. Buko, ftermin and Toti are solidary debtors under a loan obligation of P 300,000.00 which has fallen due. The creditor has, however, condoned ftermin’s entire share in the debt. Since Toti has become insolvent, the creditor makes a demand on Buko to pay the debt. How much, if any, may Buko be compelled to pay? fi2012 BAR)

a) P 200.000.00
b) P 300,000.00
c) P 100,000.00
d) P 150,000.00

Answer 28

a) P 200.000.00

Question 29

31. A, B, C and D are the solidary debtors of X for P40,000. X released D from the payment of his share of PI 0,000. When the obligation became due and demandable, C turned out to be insolvent. Should the share of insolvent debtor C. be divided only between the two other remaining debtors, A and B? (2013 BAR)

A) Yes. Remission of D’s share carries with it total extinguishment of his obligation to the benefit of the solidary debtors. Page 92 of 199 Civil Law

B) Yes. The Civil Code recognizes remission as a mode of extinguishing an obligation. This clearly applies to D.

C) No. The rule is that gratuitous acts should be restrictively construed, allowing only the least transmission of rights.

D) No, as the release of the share of one debtor would then increase the burden of the other debtors without their consent.

Answer 29

C) No. The rule is that gratuitous acts should be restrictively construed, allowing only the least transmission of rights.

Question 30

32. Rudolf borrowed P1 million from Rodrigo and Fernando who acted as solidary creditors. When the loan matured, Rodrigo wrote a letter to Rudolf, demanding payment of the loan directly to him, Before Rudolf could comply, Fernando went to see him personally to collect and he paid him. Did Rudolf make a valid payment? (2011 BAR)

A) No, since Rudolf should have split the payment between Rodrigo and Fernando.
B) No, since Rodrigo, the other solidary creditor, already made a prior demand for payment from Rudolf.
C) Yes, since the payment covers the whole obligation.
D) Yes, since Fernando a solidary creditor, payment to him extinguished the obligation.

Answer 30

B) No, since Rodrigo, the other solidary creditor, already made a prior demand for payment from Rudolf.

Question 31

33. Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in Subic. Before they could deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall not exempt Roy and Carlos from their obligation. Owing to the loss of the motor boat, such obligation is deemed converted into one of indennity for damages. Is the liability of Roy and Carlos joint or solidary? (2011 BAR)

A) Neither solidary nor joint since they cannot waive the defense of fortuitous event to which they are entitled,
B) Solidary or joint upon the discretion of Sam,
C) Solidary since Roy and Carlos failed to perform their obligation to deliver the motor boat.
D) Joint since the conversion of their liability to one of indemnity for damages made it joint.

Answer 31

D) Joint since the conversion of their liability to one of indemnity for damages made it joint.

Question 31

34. Dina bought a car from Jai and delivered a check in payment of the same. Has Dina paid the obligation? Why? (2012 BAR)

a) No, not yet. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired.
b) Yes, because a check is a valid legal tender of payment. Page 94 of 199 Civil Law c) It depends. If the check is a manager’s check or cashier’s check it will produce the effect of payment. If it’s an ordinary check, no payment.
d) Yes, because a check is as good as cash,

Answer 31

a) No, not yet. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired.

Question 32

35. The following are the requisites of legal compensation, except: (2012 BAR)

a) That each of the obligors is bound principally and that he be the same time a principal creditor of the other.
b) That both debts consist in a sum of money, or if the things due are consumable, they be the same kind, and also of the same quality if the latter has been stated.
c) That the two (2) debts are not yet due.
d) That they be liquidated and demandable.

Answer 32

c) That the two (2) debts are not yet due.