Fundamentals of Property Ownership with complete solutions rated A+

Fundamentals of Property Ownership
1. Ownership of real estate in the Philippines is foremost and primarily governed by:

A. Special laws enacted by Congress

B. 1987 Philippine Constitution

C. 1935 Philippine Constitution

D. New Civil Code provisions of Property Ownership - correct answer ✔✔B. 1987 Philippine Constitution



Note: The keywords are ''foremost' and ''primarily governed" which is somewhat

synonymous with ''fundamental". The 1987 Constitution is the fundamental law of the

land. There are three classes of laws: (1) fundamental law, example is the

constitution; (2) genera/law, examples are Civil Code, Penal Code, Corporation

Code etc. (3) Special laws, examples are RESA Law, MACEDA law etc.



2. When a person speaks of the principle that "all lands of the public domain belong

to the State". It is referred to as:

A. Land ownership doctrine

B. Regalian Doctrine

C. Real Estate Ownership Doctrine

D. State Ownership of land doctrine - correct answer ✔✔B. Regalian Doctrine



3. The maximum amount of foreign ownership of a trading corporation which

intends to buy land shall be:

A. 40%

B. 50%

C.30%

D.60% - correct answer ✔✔A. 40%

,4. The law that governs the property relations of 2 people who plan to get married in

2013 is referred to as:

A. Family Code of the Philippines

B. The New Civil Code

C. Property Code of the Philippines

D. The Family law of the Philippines - correct answer ✔✔A. Family Code of the Philippines



5. The government may dispose or alienate lands of the public domain provided the

classification is:

A. Forest land

B. Residential

C. Agricultural

D. Commercial - correct answer ✔✔C. Agricultural



6. The share of an illegitimate child in their father's estate is equivalent to the

share of the legitime of the legitimate child in the share of:

A. Equal share

B. One third share

C. One half share

D. No share - correct answer ✔✔C. One half share



7. It is the power of the state to take private property for the purpose of public use,

provided there is payment of just compensation:

A. Expropriation

B. Police power

C. Escheat

D. Eminent Domain - correct answer ✔✔D. Eminent Domain

, Note: Please remember that Eminent Domain is the "power or right" of the State

while Expropriation is the "process", both involves the taking of private property for

public use.



B. Ms. Yannie will get married this coming year but does not intend to enter into a

marriage settlement. What will be their property relations after marriage?

A. Relative community of property

B. Conjugal partnership of gains

C. Co-ownership

D. Absolute community of property - correct answer ✔✔D. Absolute community of property



Explanation: In determining property relations between spouses, the examinee must

consider the following:

First, the date of marriage: If the date of marriage is before 03 August 198 8 and there

is no marriage settlement or pre-nuptial agreement, the property relations shall be

conjugal partnership of gains; If the date of marriage is on or after 03 August 1988

and there is no marriage settlement or pre-nuptial agreement, the property relations

shall be absolute community of property.



9. In case a person owns a piece of land, it can only be used for legal purposes and

the government may exercise its power referred to as:

A. Police power

B. Government restrictions

C. Land use plan

D. Building permit - correct answer ✔✔A. Police power



10. One of the most important rights of someone who owns agricultural land and

which part of the bundle of rights of an owner is:

A. Right to harvest