Week 1 Sample Problems (Oblicon, Property Laws, Envi. Laws, GE Law, COE, Family Code)

Question 1

A and B are neighbors and good friends. A is temporarily abroad when a typhoon hit the place where A and B resides. The typhoon caused the destruction of the gate in A’s house. B, being a good friend, took care of the expenses for the repair of A’s gate in the amount of P30,000.00.

Questions:

a. Is there an existing contract between A and B?

b. Is A Obliged to pay B the amount of P30,000.00? Why or why not?

Answer 1

Answer:

a.None. Only a quasi-contract exists due to the voluntary act of B in paying for the expenses of the repair of A’s gate, without prior authority from A

b. Yes. This case is an example of a Negotiorum Gestio. Thus, A is bound to pay B the amount of P30,000.00.

Question 2

A entered into a contract with B, a geodetic engineer, wherein B will conduct a survey of A’s land for P50,000.00. Because of an error, the payment was delivered by A through mail to C, another geodetic engineer.

Is C obliged to return the payment received?

Answer 2

Answer:

Yes. This case is an example of a Solutio Indebiti. C has no right to demand the amount he received and the payment was delivered through mistake. Thus, C is bound to return the amount of P50,000.00.

Question 3

A orally donated his 1-hectare land to B. B contracted the services of C, a geodetic engineer, to conduct a survey on such land which was completed within one month. After six months, A died. A’s heirs claim to recover the land from B. B refused to vacate the lot and reasoned that the land was validly donated to him by A. Is B correct?

a. Yes, there was a valid donation making B the absolute owner of the lot.

b. Yes, the survey was already completed making B the owner of the land.

c. No, there was no valid donation because such donation is not notarized.

d. No, because the heirs of A should have consented to the donation of the land to A.

Answer 3

c. No, there was no valid donation because such donation is not notarized.

Question 4

Bruno contracted the services of Geodetic Engr. Juan to conduct a relocation survey of his twenty four hectare land for a professional fee of P 180,000. Identify the object.

A Bruno
B. Engr. Jan
C. Land
D to survey

Answer 4

D. To survey

Question 5

Victor, a wealthy landowner suddenly left for abroad leaving his livestock farm unattended. Ramon, a neighbor of Victor managed the farm thereby incurring expenses. When Victor returns, is he obliged to reimburse Ramon’s expenses?

Answer 5

Yes. Victor has the obligation to reimbure Ramon for the expenses incurred by him and to pay him for his services. (Negotiorium gestio)

Question 6

___________________________contracts as by its effect is valid but cannot be enforced by a proper action in court

Select one:
a.Voidable
b.Unenforceable
c.Void
d.Rescissible

Answer 6

B. Unenforceable

Question 7

X sold Y 100 sacks of rice that Y was to pick up from X’s rice mill on a particular date. Y did not,however, appear on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid?

Select one:
a.Yes, automatic rescission is allowed since, having the character of movables and consumables, rice can easily deteriorate.

b.No,the seller should first determine that Y was not justified in failing to appear.

c.No, since there was no express agreement regarding automatic rescission.

d.No, the buyer is entitled to a customary 30-day extension of his obligation to take delivery of the goods

Answer 7

c.No, since there was no express agreement regarding automatic rescission.

Question 8

Juan promised to pay Engr. Maria 150,000 pesos If she can undertake a ubdivision survey of his property, which is located in an MNLF infested area. This is an example of

A. pure obligation

B. mixed obligation

C. casual obligation

D. conditional obligatioon

Answer 8

B. Mixed obligation

Question 9

____________________________ is the remedy allowed by law by means of which a written instrument is amended or rectified so as to express or confirm the real agreement or intention when by reason of mistake, fraud, inequitable conduct or accident, the intention fails to express such in agreement or intention.

Select one:
a.None of the choices
b.Annulment
c.Reformation
d. To declare void

Answer 9

C. Reformation

Question 10

Contracts by nature of the defect, was entered in the nameof another without authority or in excess of authority

A. Voidable
B. Unenforceable
C. Rescisssible
D. Void

Answer 10

C. Rescisssible

Question 11

X and Y were to marry in 3 nonths. To express his affection, X donated a house and lot to Y, which donation X wrote in a letter to Y. Y accepted the donation and topik 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.

D. Yes, since X freely donated the property to Y who became its owner.

Answer 11

C. No, since the donation and its acceptance are not in a public Instrument.

Question 12

Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owns, without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots he owned Lino undertook to sell to Ramon. What is the status of the contract?

A. Rescissible

B. Unenforceable

C. Void

D. Voidable

Answer 12

C. Void

Question 13

Contract when the creditors cannot in any other manner collect the claims due them

Answer 13

Rescisssible

Question 14

Type of Defective contract If entered into by the defendant without the knowledge and approval of the litigants or competent judicialla uthority

Answer 14

Rescisssible

Question 15

Contracts When the acts of administration cause lesion or damage to the ward they represent

Answer 15

Rescisssible

Question 16

Contract of Those entered into in ther ame of another person by one who has been given no authority or legal representation, or who has acted beyond his powers;

Answer 16

Unenforceable
Note: unless it is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is revoked by the other contracting party.

Question 17

Contract in which both parties are incapable of giving consent

Answer 17

Unenforceable

Question 18

Contract in which both parties are incapable of giving consent

Answer 18

Unenforceable

Question 19

formal contracts not made in writing;

Answer 19

Unenforceable

Question 20

Contracts where one of the parties is incapable of giving consent to a contract;

Answer 20

Voidable

Question 21

Contract where the content is vitiated by mistake, violence, intimidation, undue influence or fraud.

Answer 21

Voidable

Question 22

A sack of rice is to be delivered by Jose. The night before he could deliver the rice, severe rain flooded their area causing damage to the sak of rice he’s supposed to deliver. Is Jose liable for the damages?

Answer 22

No, this is a case of fortuitous event in which no person is liable for

Question 23

A sold a lot to B and C. A few days later, a calamuty hit their area and destroyed the land. Is A liable to oay for damages to B and C?

Answer 23

Yes, this case is an exception of fortuitous event. A delivered the same thing to two persons with the same interest.

Question 24

Susan is supposed to pay 1 million to Cecil, however due to a fortuitous event, he wasn’t able to pay Cecil on time. Is Susan still liable to pay 1 million?

Answer 24

Yes, the thing to deliver is a generic things.

Question 25

What type of condition is the statement “I will give you a laptop if you pass the board exam”

Answer 25

Suspensive

Question 26

What type of condition is the following “I will give you 10,000 allowance per month until you pass the board exam”

Answer 26

Resolutory

Question 27

Should a property be actually used for public use or public service to be classified as part or public dominion?

Answer 27

No. In the case of Manila Lodge No. 761 v. Court of Appeals, the Supreme Court clarified that in order to be property of public dominion an intention to devote it to public use is sufficient and it is not necessary that it must actually be used as such.

Question 28

A accidentally found an iPhone 14 pro max in the comfort room of a mall in Legazpi City. Under the laws, can A claim that he is the rightful owner of the phone?

a. Yes, because the owner is unknown
b. No, possession does not make him a owner
c. Yes, he found it by chance.
d. No, he can be liable for stealing it.

Answer 28

b. No, possession does not make him a owner

Question 29

A petroleum operation facility is operated off the coast of Manila. The facility was located on a floating platforin upon which was permanently attached the heavy equipment for the petroleum operations. What kind of property, is the platform?

a. Movable
b. Immovable
c. Both movable and immovable
d. NOTA

Answer 29

b. Immovable

Question 30

The City of Cavite entered into an agreement with the Fil-Estate Realty Company, authorizing the latter to reclaim 300 hectares of land from the sea bordering the city for docking and harbour facilities, with 30% of the land to be reclaimed to be owned by Fil- Estate a compensation for its serv ces. Is the agreement valid

a. Yes, it is allowed unde RA 1899 for reclamation of land.
b. No, because there is no consent of the President.
c. Yes, it is a perfected contract between the parties
d. No, reclaimed land from the sea is public dominion.

Answer 30

d. No, reclaimed land from the sea is public dominion.

Question 31

Can a land owner eject a squatter on his property?

a. Yes, by principle of self-help
b. No, he must call the police to eject the squatters
c. Yes, he is the real owner and it his right to eject them by himself
d. No, there must be a court order first

Answer 31

d. No, there must be a court order first

Self-help may no longer be applicable if the physical invasion has already succeeded

Question 32

Dodong was the owner of an agricultural land with no access to a public road. He had been pas ing through the land of Tetay with consent for over 20 years. Therı, Dodong subdivided his property Into 10 residential lots and sol i them to different persons. Tetay blocked the pathway and refused to let the buyers pass through his land. Did Dodong acquire an easement of right of way?

A. Yes, he acquired it by prescription for more than 10 years
B. No, easement can never be acquired.
C. Yes, It is just a mere misunderstanding between Dodong and Tetay and right of way should not be affected
D. No, Dodong must have a title of it.

Answer 32

D. No, Dodong must have a title of it.

Right of way cannot be acquired by prescription

Question 33

Pepe learning that Japanese soldiers may have buried gold at the vacant lot belonging to spouses Cruz, excavated the lo: where he succeeded in unearthing gold and precious stones. How will the treasures found by Pepe be divided?

a. 100% to Pepe as fincler
b. 50% to Pepe and 50% to the spouses Cruz
c. 50% to Pepe and 50% to the state
d. NOTA

Answer 33

D. NOTA

Question 34

Andres is a riparian owner of a parcel of registered land. His land, however, has grad ually diminished in area due to the current of the river, while the registered land of Mario on the opposite bani has gradually increased in area by 200-square meters. Who has the better right over the 200-square meter area that has been added to Mario’s registered land?

by

A. Andres
B. Mario
C. Both Andres and Mario, in equal sharing.
D. No one. It is owned by the State.

Answer 34

B. Mario

Question 35

The Roman Catholic Church accepted a donation of a real property located in Lipa City. A deed of donation was executed, signed by the donor, Don Mariano, and the donee, the Church, as represented by Fr. Damian. Before the deed could be notarized, Don Mariano died. Is the donation valid?

A. Yes, because the donor donated it freely.
B. No, because the deed of donation is not notarized.
C. Yes, because the donee accepted it.
D. No, because the terms are not clear.

Answer 35

B. No, the donation is void. The donation of an immovable property must be in a public instrument in order for it to be valid.

In this case, the donor died even before the notarization of the deed of donation. Hence, it does not satisfy the requirement of being in a public instrument for the donation to be valid.

Question 36

Mr. C is a title holder of piece of land where Mr. D erected his two story residential house. If there was bad faith on the part of Mr. D, can the land owner demand the demolition of his erected house?

A. Mr. D is protected by the Urban Poor Law.
B. No, he can’t.
C. Yes, he can.
D. Mr. D can demand reimbursement of his expenses.

Answer 36

C. Yes, he can.

Article 449 of the Civil Code applies to builders in bad faith, to wit:

“He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity.”

Moreover, Article 450 of the Civil Code will apply. It provides:

“The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent.”

Question 37

Believing that a piece of land belonged to him, Totoy erected thereon a building. The owner of the land was aware of the construction being made by Totoy but did not do anything to stop it. Which of the following statement is the most accurate?

A. Totoy is in bad faith.
B. Owner is in good faith.
C. Owner is in bad faith.
D. Both Totoy and owner is in good faith.

Answer 37

C. Owner is in bad faith

Question 38

Identified areas outside the boundaries of and immediately adjacent to designated protected areas that need special development control in order to avoid or minimize harm to the protected area

A. Contiguous zone
B. Buffer zone
C. Strict nature reserve
D. Resource reserve

Answer 38

B. Buffer zones

Question 39

Are coal, petroleum, natural gas, geothermal energy, and radioactive materials considered as minerals?

Answer 39

No. Minerals refers to all naturally occurring inorganic substance, in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy.

Question 40

As per PD 705, lands that are designated for the protection of animals, birds and fishes and it is off limits to hunting are called

A. National park/grazing areas
B. Grazing lands/marine park
C. Seashore park/marine park
D. Game refuge/bird sanctuary

Answer 40

D. Game refuge/bird sanctuary

Question 41

What kind of watershed area that needs immediate protections and rehabilitation in support to existing and future hydro-electric power, irrigations and domestics water needs?

A. Virgin forest
B. Agro-forestry
C. Private reforestation project
D. Critical watershed

Answer 41

D. Critical watershed

Question 42

The maximum period given to a license under the timber license agreement, renewable for the same period is not exceeding years, renewable for a period, years.

A. 50,50
B. 25, 25
C. 30, 20
D. 10, 20

Answer 42

B. 25, 25

Question 43

Alice, 45 years old, a duly registered geodetic engineer was appointed on August 2024 as a member of the Board of GE.
She finished her degree in BSGE way back 2010, she passed the licensure exam in 2011, and went to the US in the same
year to pursue fashion design. 2 years after, she went back to the Philippines to start her own surveying firm and has been
in the practice of the GE profession up until the present time. In 2020, she became a permanent lecturer in Vector Review
Center which offers review classes for GELE. In January 2024, she decided to resign as lecturer in light of her upcoming
appointment because according to her, the law provides that a member of the board should not be connected with any
review center which offers lecture services . Is Alice correct? Does she have all the qualifications to become a member of
the board?

Answer 43

Alice is wrong, she does not possess all the qualifications to become a member of the board.
RA 8560 as amended by RA 9200 provides that a member of the board Must not, for a period of three (3) consecutive
years prior to appointment, be connected with a review center or with any group or association where review classes or
lectures in preparation for the licensure examination are offered or conducted at the time of appointment.
In this scenario, Alice only resigned from the review center in January 2024. For her to be qualified, she should have
resigned, or should not be connected with Vector as early as August 2021, or 3 years prior to her appointment.

Question 44

Ben, a practicing GE, questioned the appointment of Marco as a member of the Board of GE. According to Ben, Marco is
not qualified to hold such position since he acquired US citizenship in 1998. Marco, on the other hand, contends that he
was already able to re acquire his Filipino Citizenship in 2004 when he went back from the US and stayed here in the
Philippines for good. Can a Filipino who acquired US Citizenship and subsequently re-acquired his Filipino Citizenship be
appointed as a member of the board?

Answer 44

Yes, a Filipino who acquired US Citizenship and subsequently re-acquired his Filipino Citizenship can be appointed as a
member of the board
A Filipino who reacquires his Filipino citizenship is a natural born Filipino Citizen. What is prohibited by the law to be a
member of the board are those Naturalized Filipinos.

Question 45

Due to apparent increase of traffic related accidents in the City of Legazpi, the Sanggunian enacted an ordinance
criminalizing “Jaywalking” within the City. According to the said accordance, persons caught not using the pedestrian lane
while crossing the road should be penalized with a fine of 5000 pesos and imprisonment of 6 months.
in 2010, Mikaela, a GE was convicted of the crime of “Jaywalking” while conducting a parcellary survey in Legazpi.
Can Mikaela still be appointed as a member of the Board of GEs despite her conviction and subsequent imprisonment?

Answer 45

Yes, Mikaela can still be appointed notwithstanding her conviction.
The crime of “jaywalking” as penalized by the ordinance enacted by the City of Legazpi is not an offense which involves
moral turpitude. The commission of such offense does not disturb or endanger the morals of the general public.

Question 46

Acting on the strength of a report, the PRC upon conducting a secret investigation, recommended to the President, the
removal of Donna, a member of the Board of GE, due to her allege neglect and incompetence in performing her functions
as a member of the Board. The President, upon receiving such recommendation immediately ordered the removal of
Donna. Was the removal valid?

Answer 46

No, the removal was invalid.
Donna was not given due notice and hearing, such denial is violative of Donna’s constitutional right to due process.

Question 47

The board revoked the COR of Arjay for his application to take the GELE since, according to them, Arjay is a
naturalized Filipino and that the law only allows natural-born Filipinos to take such licensure exam. Is the board
Correct?

Answer 47

No, the law only requires that the applicant shall be a citizen of the Philippines, it does not create a distinction
whether the Citizenship was acquired through naturalization in case of those naturalized or through birth in case
of those natural-born. Therefore, the law should be interpreted to include both naturalized and those naturalborn.

Question 48

The Board of GE, after due notice and hearing, revoke the license of Lester, a practicing GE in Legazpi.
The order was made known to him through a written notice which was issued on March 10, 2024. 15 days
from the said date, Lester appealed the decision to the Supreme Court. Was the appeal proper?

Answer 48

No.
Though Lester was able to appeal the revocation of the Board of his license within the prescriptive period
provided by the law, such appeal shall be made to the PRC and not to the Supreme Court