Deck 2: Inheritance, Property and Ownership Laws

Question 1

Spouses M and N executed two (2) separate wills containing the same provisions. After their death, their compulsory heirs filed a petition for joint probate of their wills. One of the voluntary heirs objected because joint probate is invalid. Is the objection tenable?

A)Yes, joint wills are not allowed in the Civil Code.
B)Yes, because the wills have different voluntary heirs.
C)No, because M and N are spouses.
D)No, because practicable considerations dictate the joint probate of the wills.

Answer 1

No, because practicable considerations dictate the joint probate of the wills.

Question 2

X was disinherited by his father Y. In the probate of Y's will, can the children of X represent their disinherited father?

A)No, the disinheritance affects the heirs of the disinherited person.
B)Yes, representation is allowed in case of disinheritance.
C)Yes, substitution of the disinherited person is allow

Answer 2

Yes, representation is allowed in case of disinheritance.

Question 3

State the share in the estate of the testator of illegitimate children who survive with the surviving spouse.

A)1/3
B)¼
C)1/8
D)½

Answer 3

1/3

Question 4

A complaint of forgery was filed against instituted heir after the allowance of probate of the testator's will. Will this action prosper?

A)No, the probate of the will is an evidence of the due execution of the will.
B)No, the probate is a justifying circumstance.
C)Yes, forgery is a criminal action.
D)Yes, this is a statutory right.

Question 5

In reserve troncal the relatives within third degree coming from the same line inherit from:

A)Descendant propositus
B)Reservista
C)Origin
D)Testator

Question 6

The renunciation or repudiation of inheritance shall take effect:

A)Date of repudiation or renunciation
B)Date of will
C)Date of allowance of will
D)Date of death of testator

Question 7

Disposition Captatoria is void because the heir makes a disposition in his will in favor of:

A)another heir
B)testator
C)the State
D)a legatee or devisee

Question 8

May the alluvial deposits be lost by prescription in favor of another? Choose the best answer.

A)No, because there is registration by fiction of law.
B)No, because it is covered by a Torrens title.
C)Yes, because it is not covered by a Torrens title.
D)Yes

Question 9

The northeastern portion of the land of X is bounded by the Manila bay. If there is accretion formed, who owns the accretion? Choose the best answer.

A)The riparian owner.
B)The accretion belongs to the state.
C)The owner of the contiguous la

Question 10

Which of the following is not a characteristic of a co-ownership?

A)There must be more than one subject or owner.
B)There is one physical whole divided into ideal shares.
C)Each share is definite in amount, but is not physically segregated from the first.
D)The co-ownership has juridical personality.

Question 11

The following are modes of extinguishing usufruct except,

A)Expiration of the period for which it was constituted.
B)Merger of the usufruct and ownership in the same person.
C)Total loss of the thing.
D)Bad use of the thing in usufruct.

Question 12

X,Y, and Z are co-owners of a real property which was mortgaged to A. X redeemed it during the period of redemption with his personal funds. Did X become the sole owner of the property, thereby terminating the co-ownership?

A)Yes, because his redemption vest in him sole ownership.
B)Yes, because the funds belong to him alone.
C)No, because the redemption inured to the benefit of all co-owners.
D)No, because Y and Z did not consent to the redemption.

Question 13

The following are the classes of possession except.

A)Possession in one's name or possession in the name of another.
B)Possession in the concept of an owner or possession in the concept of a holder.
C)Possession in good faith or bad faith.
D)Possession with just title.

Question 14

The following are the requisites of the easement of right of way, except.

A)The property is surrounded by other estate.
B)There must be no adequate outlet to a public highway.
C)There must be indemnity.
D)That if there is outlet, it is not convenient to the dominant estate.

Question 15

The following are disqualified to donate to each other, except.

A)Those guilty of adultery or concubinage at the time of the donation.
B)Those found guilty of the same criminal offense in consideration thereof.
C)Those made to public officers or their spouses, descendants, or ascendants, by reason of their office.
D)Those obliged to support one another.

Question 16

The following are the remedies against private nuisance, except.

A)A civil action
B)A prosecution under the penal code or any local ordinance.
C)Abatement without judicial proceedings.
D)None of the above.

Question 17

The nature of action in Quieting of Title is in personam.

A)No, it is always a real action since the subject is real property.
B)No, because the decision is enforceable against the whole world.
C)Yes, provided the subject is personal property.
D)Yes, because the decision is enforceable only against the defeated party.

Question 18

Minerals are still owned by the state even if discovered from a private land.

A)Yes, provided the land is not titled.
B)Yes, because the constitution so provides.
C)No, if the land is titled to a private person.
D)No, it will violate property and property rights.

Question 19

The owner and the tenant are in both possession of the land subject of the lease contract.

A)No, only the tenant, because he is in actual possession of the land.
B)No, only the owner, because the other is just a mere tenant.
C)Yes, but of different concept.
D)No, either of them.

Question 20

Negative easement may be acquired by prescription through notarial prohibition.

A)No, because it is non-apparent.
B)Yes, because notarial prohibition makes apparent what is non-apparent.
C)Yes, because it is provided for by law.
D)Yes, only after 10 years from service of notarial prohibition.

Question 21

In case of roots of a neighboring tree intruded to the state of another, the neighboring owner has the right to cut it off.

A)Yes, only after his demand for the cutting is ignored.
B)Yes, because he owns the roots that intruded at his property.
C)No, without permission from the owner of the tree.
D)Yes, only after 10 years of prescription.

Question 22

Which statement is correct?
1) Accession is the right of an owner of a property to everything which is produced thereby or which is incorporated or attached thereto either naturally or artificially.
2) Natural, industrial and civil fruits belong to the owner.

A)Both statements are correct.
B)Statement 1 is correct. statement 2 is incorrect.
C)Statement 1 is correct. statement 2 is correct.
D)none

Question 23

It is a process whereby the current of a river, creek, or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. Such process is known as:

A)Alluvion
B)Avulsion
C)Adjunction
D)Commixtion

Question 24

Which provision of the Condominium Act (RA 4796) is correct?
1) A condominium corporation shall not, during its existence, sell, exchange, and lease or otherwise dispose of the common areas owned by or held by in the condominium project unless authorized by the affirmative vote of all the stockholders or members.
2) Whenever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for purposes of real property taxation and other tax purposes, to the owners thereof and tax on each such condominium shall constitute a lien solely thereon.

A)Provision 1 is correct, 2 is incorrect.
B)Both provisions are incorrect.
C)Both provisions are correct.
D)Provision 1 is incorrect, 2 is correct.

Question 25

In like manner, Bad Faith is not presumed. Why?

A)Yes, because bad faith is personal.
B)Yes, because bad faith could be inherited.
C)Yes, because ignorance of the law excuses no one.
D)Yes, because it should be proven in court.