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(C) have legal or equitable title to the property. - CORRECT ANSWER ✔✔✔✔✔
Which of the following is an indispensable requirement in an action for "quieting of title"
involving real property? The plaintiff must
(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.
(C) No, since the donation and its acceptance are not in a public instrument. -
CORRECT ANSWER ✔✔✔✔✔ (7) X and Y were to marry in 3 months. Meantime, to
express his affection, X donated a house and lot to Y, which donation X wrote in a letter
to Y. Y wrote back, accepting the donation and took 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.
(D) No, A's share goes to his heirs since the donation did not provide for reversion to
donor. - CORRECT ANSWER ✔✔✔✔✔ 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 donee. 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?
(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 jointdonees
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.
(A) Yes, they may be subrogated to Raffy's right by reimbursing to him within the
required time what he paid Raul. - CORRECT ANSWER ✔✔✔✔✔ (10) Raul, Ester,
and Rufus inherited a 10-hectare land from their father. Before the land could be
partitioned, however, Raul sold his hereditary right to Raffy, a stranger to the family, for
P5 million. Do Ester and Rufus have a remedy for keeping the land within their family?
(A) Yes, they may be subrogated to Raffy's right by reimbursing to him within the
required time what he paid Raul.
(B) Yes, they may be subrogated to Raffy's right provided they buy him out before he
registers the sale.
(C) No, they can be subrogated to Raffy's right only with his conformity.
,(D) No, since there was no impediment to Raul selling his inheritance to a stranger.
(D) abuse of rights. - CORRECT ANSWER ✔✔✔✔✔ When one exercises a right
recognized by law, knowing that he thereby causes an injustice to another, the latter is
entitled to recover damages. This is known as the principle of
(A) res ipsa loquitur.
(B) damnum absque injuria.
(C) vicarious liability.
(D) abuse of rights.
(A) Its cause comes from the guilt of a spouse in a legal separation case, the innocent-
spouse having died. - CORRECT ANSWER ✔✔✔✔✔ Which of the following is NOT a
basis for rendering a disinheritance defective or imperfect?
(A) Its cause comes from the guilt of a spouse in a legal separation case, the innocent-
spouse having died.
(B) The truth of its cause is denied and not sufficiently proved by evidence.
(C) Its cause is not authorized by the law.
(D) Its cause is not specified.
(A) All persons who can enter into contracts and dispose of their property. - CORRECT
ANSWER ✔✔✔✔✔ Who can make a donation?
(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.
(D) All persons, whether natural or artificial, who own property.
(A) Pro-rata - CORRECT ANSWER ✔✔✔✔✔ The liability of the partners, including
industrial partners for partnership contracts entered into in its name and for its account,
when all partnership assets have been exhausted is
(A) Pro-rata.
(B) Joint.
(C) Solidary.
(D) Voluntary.
(D) voidable. - CORRECT ANSWER ✔✔✔✔✔ When bilateral contracts are vitiated
with vices of consent, they are rendered
(A) rescissible.
(B) void.
(C) unenforceable.
(D) voidable.
(B) Valid. - CORRECT ANSWER ✔✔✔✔✔ An agent, authorized by a special power of
attorney to sell a land belonging to the principal succeeded in selling the same to a
buyer according to the instructions given the agent. The agent executed the deed of
absolute sale on behalf of his principal two days after the principal died, an event that
, neither the agent nor the buyer knew at the time of the sale. What is the standing of the
sale?
(A) Voidable.
(B) Valid.
(C) Void.
(D) Unenforceable.
(C) No, since the land does not belong to A and B, it cannot qualify as a family home. -
CORRECT ANSWER ✔✔✔✔✔ Spouses A and B leased a piece of land belonging to
B's parents for 25 years. The spouses built their house on it worth P300,000.00.
Subsequently, in a case that C filed against A and B, the court found the latter liable to
C for P200,000.00. When the sheriff was attaching their house for the satisfaction of the
judgment, A and B claimed that it was exempt from execution, being a family home. Is
this claim correct?
(A) Yes, because while B's parents own the land, they agreed to have their daughter
build her family home on it.
(B) No, because there is no judicial declaration that it is a family home.
(C) No, since the land does not belong to A and B, it cannot qualify as a family home.
(D) Yes, because the A and B's family actually lives in that house.
(D) The principal shall go to Solomon but the interests to the conjugal partnership. -
CORRECT ANSWER ✔✔✔✔✔ Solomon sold his coconut plantation to Aragon, Inc.
for P100 million, payable in installments of P10 million per month with 6% interest per
annum. Solomon married Lorna after 5 months and they chose conjugal partnership of
gains to govern their property relations. When they married, Aragon had an unpaid
balance of P50 million plus interest in Solomon's favor. To whom will Aragon's monthly
payments go after the marriage?
(A) The principal shall go to the conjugal partnership but the interests to Solomon.
(B) Both principal and interests shall go to Solomon since they are his exclusive
properties.
(C) Both principal and interests shall go to the conjugal partnership since these become
due after the marriage.
(D) The principal shall go to Solomon but the interests to the conjugal partnership.
(C) The liquidation of a co-ownership applies since the annulment brought their property
relation under the chapter on property regimes without marriage. - CORRECT
ANSWER ✔✔✔✔✔ When A and B married, they chose conjugal partnership of gains
to govern their property relations. After 3 years, B succeeded in getting her marriage to
A annulled on ground of the latter's psychological incapacity. What liquidation procedure
will they follow in disposing of their assets?
(A) They will follow the rule governing the liquidation of a conjugal partnership of gains
where the party who acted in bad faith forfeits his share in the net profits.
(B) Since the marriage has been declared void, the rule for liquidation of absolute
community of property shall be followed.
(C) The liquidation of a co-ownership applies since the annulment brought their property
relation under the chapter on property regimes without marriage.