McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Uncategorized topics .
Chapters
| 301. |
A and B are married. They have a joint account in a bank. They executed a survivorship agreement that upon the death of one of them, the full amount of money in their account shall become the property of the survivor. Is the agreement valid? |
| A. | No, because it is a donation mortis causa which did not comply with the formalities of the law; |
| B. | No, it is a donation inter vivos prohibited under Article 87, Family Code; |
| C. | Yes, because it is an aleatory contract subject to an uncertain even which is death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755) |
| D. | No, by reason of public policy. |
| Answer» C. Yes, because it is an aleatory contract subject to an uncertain even which is death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755) | |
| 302. |
A placed a bet of P10,000.00 that San Beda would win the NCAA basketball championship. B accepted the bet. But B refused to pay after SBC won. Is B correct? |
| A. | Yes, because of the principle of mutuality of contracts; |
| B. | Yes, because of the principle of liberty of contracts; |
| C. | No, because the law prohibits betting in basketball even if it is not a game of chance; |
| D. | Yes, because basketball is a game of skill and not of chance. |
| Answer» C. No, because the law prohibits betting in basketball even if it is not a game of chance; | |
| 303. |
A sold his car to B, but the latter failed to register the car under his name. While B was driving the car, it met an accident resulting in injuries to C. Who may be liable? |
| A. | C can hold A liable alone as he is the registered owner of the car; |
| B. | C can sue A and B as they are solidarily liable; |
| C. | C can sue B alone as the execution of the document of sale and delivery of the car conferred ownership upon him; |
| D. | C can sue B, but A can file a third party complaint against B for reimbursement if he is adjudged liable. |
| Answer» D. C can sue B, but A can file a third party complaint against B for reimbursement if he is adjudged liable. | |
| 304. |
A constructed a building for B. Twenty-five (25) years thereafter, the building collapsed due to lack of necessary repairs resulting in the death of 10 tenants of the building. Who is liable? |
| A. | the architect |
| B. | A, the contractor. |
| C. | the engineer |
| D. | B. |
| Answer» D. B. | |
| 305. |
A, bus conductor killed a passenger. Is the operator civilly liable? |
| A. | Yes, based on contract, but with defense of the diligence of a good father of a family; |
| B. | Yes, based on quasi-delict; |
| C. | Yes, based on breach of contract of carriage, but cannot interpose the defense of due diligenc; |
| D. | Yes, but subsidiary in case of insolvency of the driver. |
| Answer» C. Yes, based on breach of contract of carriage, but cannot interpose the defense of due diligenc; | |
| 306. |
A, a seaman with a contract for two (2) years was required to disembark due to the sale of the vessel. Within what period should he file an action to collect his unpaid wages for one (1) year? |
| A. | Within 3 years because it is the consequence of an employer-employee relationship; |
| B. | Within 10 years because there is a written contract; |
| C. | Within 4 years because the action is based on injury to his rights as there was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732); |
| D. | Within 10 years because the action is based on law. |
| Answer» C. Within 4 years because the action is based on injury to his rights as there was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732); | |
| 307. |
ABC Corp. is the owner of a hospital where Doctor A is a visiting consultant. A conducted an operation at the hospital of a woman-neighbor but left two (2) gauzes inside the inscission of the patient resulting in infections and eventual death of the patient. Who can be sued for damages? |
| A. | The patient’s heirs can sue the doctor alone for his negligent act. |
| B. | The heirs can sue the hospital alone. |
| C. | The heirs can sue the hospital and the doctor solidarily because of the doctrine of corporate negligence of the hospital. |
| D. | The heirs can sue the hospital and the doctor because the doctor is an employee, hence, they are solidarily liable. |
| Answer» C. The heirs can sue the hospital and the doctor solidarily because of the doctrine of corporate negligence of the hospital. | |
| 308. |
A is a teacher of St. Jude elementary school. While the pupils were in class, B, one of the pupils boxed the face of C, another pupil resulting in the blindness of his left eye. Who is liable? |
| A. | The parents of B are liable. |
| B. | The school is liable. |
| C. | The teacher is liable regardless of the nature of the school. |
| D. | The teacher is not liable because the school is not a school of arts and trades. |
| Answer» C. The teacher is liable regardless of the nature of the school. | |
| 309. |
A is the owner of a car driven by B. While on his way to fetch A at his office, the motor vehicle met an accident resulting in the death of C, a pedestrian. He was sued for imprudence resulting in homicide and convicted with civil indemnity in the amount of P500,000.00. Who may be liable for the amount of damages? |
| A. | Only B is a liable. |
| B. | A & B are solidarily liable if A cannot prove the diligence of a good father of a family in the selection and supervision of B. |
| C. | A is subsidiarily liable in case of insolvency of B. |
| D. | A cannot be liable because he was not a party to the criminal action, otherwise, he would be deprived of the right to due process. |
| Answer» C. A is subsidiarily liable in case of insolvency of B. | |
| 310. |
A is an owner of a horse. He asked B to take care of it while reviewing for the Bar Exams. After the examination, he went to B to get back the horse but as he got near the horse, he was kicked by the horse on his face resulting in his blindness. He sued B for damages. Is B liable for damages? |
| A. | B is not liable because of a force majeure. |
| B. | B is liable because at the time A was injured B was in possession of the horse. |
| C. | A is not entitled to an award of damages because the injury is self-inflicted being the owner of the house. |
| D. | A is not entitled to damages because of his own negligence. |
| Answer» B. B is liable because at the time A was injured B was in possession of the horse. | |
| 311. |
ABC Corp. is a furniture manufacturing company. One weekend, the manager and two (2) employees had an overtime to finish a work upon instruction of A, the President. At 12:00 midnight they were through with the work, so B, the manager went back home driving a company car but dropped by a coffee shop to have midnight snacks and a cup of coffee. At 1:30 a.m., he was driving the company car on his way home when a motorcycle collided with the car resulting in the death of C, the motorcycle rider. At the time of the collision, a woman shouted “Papa” as she was surprised by the sudden collision. Who is liable for the death of C? |
| A. | The company is liable because the manager was still performing his tasks. |
| B. | B alone is liable because at the time of the accident, he was not performing his tasks. |
| C. | The company & B are solidarily liable. |
| D. | B, but in case of insolvency, the company. |
| Answer» B. B alone is liable because at the time of the accident, he was not performing his tasks. | |
| 312. |
A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C.
|
| A. | The parents of D can sue A & B for damages. |
| B. | The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption. |
| C. | The parents of D can sue A & B, X & Y for damages who are solidarily liable. |
| D. | The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained. |
| Answer» A. The parents of D can sue A & B for damages. | |
| 313. |
A promised marriage to B, a gainfully employed girl. Before the marriage, they agreed that B would resign from the job, hence, a week before the date set for the wedding, B resigned, but A did not comply with the promise of marriage. B sued A for damages. Is A liable for damages? |
| A. | A is not liable because mere breach of promise to marry is not an actionable wrong. |
| B. | A is liable because there was an act independent of the breach of promise to marry. |
| C. | A is not liable because it is his right to back out from the wedding. |
| D. | A is not liable because it was voluntary for B to resign and that she is presumed to take care of her own concerns. |
| Answer» B. A is liable because there was an act independent of the breach of promise to marry. | |
| 314. |
A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month died due to a vehicular accident. During the trial of the case filed by his heirs, the latter failed to produce his income tax returns as he never filed the same with the BIR and yet, they were claiming for damages due to unearned income. Is the defendant liable? |
| A. | The defendant is not liable for the unearned income as there was no documentary evidence to prove the same. |
| B. | The defendant is liable because testimonial evidence is sufficient to prove the unearned income. |
| C. | The defendant is liable because the law automatically provides for liability in case of death. |
| D. | The defendant is liable as it is the natural consequence of his wrongful act. |
| Answer» A. The defendant is not liable for the unearned income as there was no documentary evidence to prove the same. | |
| 315. |
A killed B. After trial A was convicted of the crime of murder and the court imposed the penalty of reclusion perpetua. Which amount of civil indemnity may be awarded by the court? |
| A. | P50,000.00 |
| B. | P75,000.00 |
| C. | P3,000.00 |
| D. | P150,000.00, the actual earnings of B. |
| Answer» B. P75,000.00 | |
| 316. |
In an information for murder, there is no allegation of aggravating circumstances. The prosecutor, however presented evidence on the aggravating circumstances during the trial. What for is the presentation of evidence of aggravating circumstances if they were not alleged? |
| A. | To prove that the accused may be liable for moral damages. |
| B. | To prove the guilt of the accused beyond reasonable doubt. |
| C. | To prove that the accused is liable for exemplary damages. |
| D. | He cannot do it because he can only prove what has been alleged in the information. |
| Answer» C. To prove that the accused is liable for exemplary damages. | |
| 317. |
X is the owner of a domesticated dog. He left it at his compound while at work. Y, a neighbor threw stone at the dog, trying to play with it as he used to do. The dog was hit, hence, it jumped from the compound of X and went after Y who got injured when he fell while running away from the dog. Is X liable for damages? |
| A. | X is liable as owner/possessor of the dog. |
| B. | X is not liable because of force majeure. |
| C. | X is not liable because of Y’s fault for throwing stones at the dog. |
| D. | X is liable but the court will temper the award of damages due to contributory negligence of Y. |
| Answer» D. X is liable but the court will temper the award of damages due to contributory negligence of Y. | |
| 318. |
A and B entered into a contract for B to construct the house of A for P10M. XYZ are partners engaged in the construction of houses. As they are friends of A, they told him that they can construct his house for only P8M and told him to cancel the contract with B. He cancelled the contract with B. What is the right of B? |
| A. | B can sue A for breach of contract. |
| B. | B can sue XYZ partnership because of interference in contractual relationship. |
| C. | B can sue X,Y,Z for inducing A to violate his contract. |
| D. | B can sue A, and XYZ partnership for breach of contract. |
| Answer» B. B can sue XYZ partnership because of interference in contractual relationship. | |
| 319. |
A had a 4-storey building which was constructed by Engineer B and at the same time the contractor. After five years, the building developed cracks and its stairway eventually gave way and collapsed due to poor quality of materials used in the construction, resulting to injuries to some lessees. Who should the lessees sue for damages? |
| A. | A, the owner; |
| B. | Both A and B; |
| C. | B, the contractor; |
| D. | No one because of wear and tear of the building. |
| Answer» C. B, the contractor; | |
| 320. |
ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of a radio station verbally attacked the corporation hence, the latter sued him for damages. Is the school entitled to moral damages? |
| A. | ABC Corp. is not entitled to moral damages because it has no nervous system to feel the wounded feelings and besmirched reputation. |
| B. | ABC Corp. is entitled to moral damages because it has a personality that can be maligned, tarnished or demeaned; |
| C. | X, the commentator can interpose the defense of truth. |
| D. | No, because it cannot suffer sleepless nights. |
| Answer» B. ABC Corp. is entitled to moral damages because it has a personality that can be maligned, tarnished or demeaned; | |
| 321. |
A & B are married. B who was then pregnant by six (6) months was on board a bus going to the office. The vehicle met an accident resulting in injuries to B and death of the fetus. They sued the bus company for damages due to the death of the fetus. Is the company liable? |
| A. | A & B are entitled to an award of compensatory damages in the amount of P50,000.00 for the death of the fetus. |
| B. | A & B can be entitled to an award of moral damages for the death of the fetus. |
| C. | A & B are not entitled to any amount of damages because the fetus has yet to be born in order to die. |
| D. | A & B are entitled to damages because the fetus had life inside the womb of the mother which the constitution and the law protect. |
| Answer» B. A & B can be entitled to an award of moral damages for the death of the fetus. | |
| 322. |
A courted B and promised to marry her. The wedding was set on February 14, 2011 but at the date set for the celebration. A did not appear at the church. B sued A for damages for breach of promise to marry alleging that all preparations have been made and there were so many people who attended their scheduled wedding. She knew however that A was married but still submitted herself to sexual desires of A. Is A liable? |
| A. | A is not liable because mere breach of promise to marry is not an actionable wrong. |
| B. | A is liable because he caused sleepless nights, wounded feelings to B by not appearing at the church. |
| C. | B is not entitled to damages because of mutual lust. |
| D. | B has to bear her own losses. |
| Answer» C. B is not entitled to damages because of mutual lust. | |
| 323. |
A raped and killed a minor girl. He was convicted after trial. He can be held liable for exemplary damages. What is the basis? |
| A. | The basis of the award of exemplary damages is found solely in Article 2230, NCC; |
| B. | Exemplary damages can only be awarded if there is more than one (1) aggravating circumstances; |
| C. | Exemplary damages can also be awarded where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender and to set a public example, to serve as deterrent to elders who abuse and corrupt the youth and to protect the latter from sexual abuse. |
| D. | The existence of aggravating circumstances. |
| Answer» C. Exemplary damages can also be awarded where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender and to set a public example, to serve as deterrent to elders who abuse and corrupt the youth and to protect the latter from sexual abuse. | |
| 324. |
A was one of the passengers of a vessel of Sulpicio Lines that sank resulting in the death of hundreds of passengers including A. The heirs of A filed an action for damages praying for compensatory, exemplary, moral damages. The brothers and sisters intervened and prayed for moral damages. Are they correct? |
| A. | Yes, the brothers and sisters of A are entitled to moral damages because of the mental anguish they suffered by reason of A’s death; |
| B. | Yes, the brothers and sisters of A are entitled because the law provides that moral damages may be recovered in the following and analogous cases, they being collateral relatives who are entitled to inherit; |
| C. | No, only the spouse, legitimate and illegitimate descendants and ascendants of A are entitled to an award of moral damages; |
| D. | The brothers and sisters of A are entitled to moral damages because of the injury suffered by them due to the act or omission of Sulpicio which was the proximate cause of A’s death. |
| Answer» C. No, only the spouse, legitimate and illegitimate descendants and ascendants of A are entitled to an award of moral damages; | |
| 325. |
A and B are married. They have been in possession of an agricultural land of the public domain as early as 1935. After their death C and D, their heirs inherited the same. Can they register the land? |
| A. | No, because the land forms part of the public domain; |
| B. | Yes, because their predecessors have been in possession continuously, openly, publicly and adversely of an alienable land of the public domain as early as June 12, 1945 thus, converting ipso jure the same to private land; |
| C. | No, because of the Regalian Doctrine; |
| D. | No, because prescription does not lie against the State. |
| Answer» B. Yes, because their predecessors have been in possession continuously, openly, publicly and adversely of an alienable land of the public domain as early as June 12, 1945 thus, converting ipso jure the same to private land; | |
| 326. |
A owns a parcel of land. Through the natural current of the river, there was a gradual increase in the area from 11,000 square meters to 13,000 square meters in a period of 8 years. Can A register the land? |
| A. | No, because it is a public land; |
| B. | No, because he has not acquired it by prescription as the State is not bound by the rules on prescription; |
| C. | Yes, being the riparian owner, he is the owner of the accretion; |
| D. | No, because he has not possessed it for a period of 10 years. |
| Answer» C. Yes, being the riparian owner, he is the owner of the accretion; | |
| 327. |
A is the owner of a parcel of land adjoining a river. There is an accretion formed through the natural current of the river. In 1980, his neighbor took possession of the accretion. In 2011, B filed an application for registration. Will the petition prosper? |
| A. | No, because A is the owner being the owner the land to which the accretion is attached; |
| B. | No, because the accretion is a public land; |
| C. | Yes, having acquired it by prescription after 30 years of possession even in bad faith and without title; |
| D. | No, because the title of A is imprescriptible, the accretion being covered by the phrase “more of less.” |
| Answer» C. Yes, having acquired it by prescription after 30 years of possession even in bad faith and without title; | |
| 328. |
A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000 square meters more of less adjoining the river bank. Accretion was formed which has been in the possession of B in 1990, but it was disposed of by the Director of Lands to B in s2010. Is the Director correct? |
| A. | Yes, because the accretion forms part of the alienable land of the public domain; |
| B. | Yes, because of the Regalian Doctrine; |
| C. | No, because it belongs to A, being the riparian owner, hence, a private land; |
| D. | Yes, because of prescription. |
| Answer» C. No, because it belongs to A, being the riparian owner, hence, a private land; | |
| 329. |
A filed an application for confirmation of imperfect or incomplete title over a parcel of land. It was dismissed. Can A re-file the same? |
| A. | No, because of res judicata; |
| B. | Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice; |
| C. | No, because the dismissal means that A has not been able to establish his right, hence, the second application is a fishing expedition; |
| D. | No, because of lack of cause of action. |
| Answer» B. Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice; | |
| 330. |
A filed an application for confirmation of imperfect or incomplete title. B filed an opposition alleging that the land is part of the inalienable lands of the State. Is B correct? |
| A. | Yes, because anyone can invoke the interest of the State; |
| B. | No, because only the State can invoke its interest; |
| C. | Yes, by reason of public policy; |
| D. | Yes, because any Filipino is a real party in interest. |
| Answer» B. No, because only the State can invoke its interest; | |
| 331. |
X is a naturalized Filipino. In 1990, he migrated to the USA and embraced American citizenship. In 2010, he returned to the Philippines and asks you whether he can own a residential lot in Manila. What is your advice? |
| A. | Yes, he being a former natural-born citizen, he can own up to 5,000 square meters; |
| B. | No, because only former natural-born citizens can own land in the Philippines up to 5,000 square meters in Manila; |
| C. | Yes, because he has the same rights as a former natural born citizen; |
| D. | Yes, otherwise, there would be a violation of the equal protection clause. |
| Answer» B. No, because only former natural-born citizens can own land in the Philippines up to 5,000 square meters in Manila; | |
| 332. |
A, an American citizen is married to B, a Filipina. Through the pension and savings of A, they acquired a residential lot in Manila, but it was registered under B’s name. B sold the property to C. Can A seek to recover the property? |
| A. | Yes, because the sale is void as it was done without the consent of A; |
| B. | Yes, because B as trustee, she cannot sell the property; |
| C. | No, because even if the property was acquired with A’s money, he cannot own land in the Philippines; |
| D. | Yes, otherwise B would enrich herself at the expense of A. |
| Answer» C. No, because even if the property was acquired with A’s money, he cannot own land in the Philippines; | |
| 333. |
In the question above who can file an action to recover the property? |
| A. | A can recover the property because the contract of sale is void; |
| B. | The State by filing a petition for reversion; |
| C. | The State by filing a petition for escheat; |
| D. | No one because the title is valid especially so that B is married to a Filipino. |
| Answer» C. The State by filing a petition for escheat; | |
| 334. |
A and B are compadres. They own two (2) adjacent parcels of land covered by TCT Nos. 1 and 2 respectively where they reside. With the use of fraud, A registered the property of B under his name in 2009. Can B recover the title? |
| A. | No, because one (1) year after the issuance of the title, it became imprescriptible; |
| B. | No, because of the indefeasible nature of the title after one (1) year from its issuance; |
| C. | Yes, because the title of A is void; |
| D. | No, because a void act can be the root of a valid title. |
| Answer» C. Yes, because the title of A is void; | |
| 335. |
In the question above A sold it to C while the title is clean. C registered it under his name. Can B recover the title? |
| A. | No, because C is a buyer in good faith and for value as the title was clean when it was sold; |
| B. | No, because of the mirror doctrine; |
| C. | Yes, because C is not a buyer in good faith having closed his eyes to things that he saw when he bought it; |
| D. | No, because of the indefeasibility of his title. |
| Answer» C. Yes, because C is not a buyer in good faith having closed his eyes to things that he saw when he bought it; | |
| 336. |
A is the owner of a parcel of land covered by a TCT No. 1. B stole the title, forged his signature and transferred it under his name. TCT No. 2 was issued under his name. He sold it to C who registered under his name. When returned to the Philippine in 2010, he discovered that his title was transferred to another. Can he recover the same? |
| A. | Yes, because the title of C is void; |
| B. | No, because the title of C is valid because he is a buyer in good faith and for value; |
| C. | No, because even if the title of B is void, a void title can be the root of a valid title if it passes to a buyer in good faith and for value; |
| D. | Yes, because the title of B being void, it cannot produce a valid title. |
| Answer» C. No, because even if the title of B is void, a void title can be the root of a valid title if it passes to a buyer in good faith and for value; | |
| 337. |
Of the following properties enumerated, which is disposable? |
| A. | Mineral land |
| B. | Military reservation |
| C. | Forest land |
| D. | Agricultural land |
| Answer» D. Agricultural land | |
| 338. |
X and Y are married. They have a son Z. When X died, Z inherited a property covered by TCT No. 1. Z died without any issue. Y inherited it and obtained a title. There is however no inscription of the reservable character of the property. Y sold it to A who obtained a title. Y died in 2009. Can B, C and D, the reservatarios recover the property? |
| A. | Yes, because the property is reserved to them by law; |
| B. | Yes, because Y could not have sold it being a mere trustee; |
| C. | No, because A is a buyer in good faith and for value; |
| D. | Yes, because Y could not have sold that which she did not own. |
| Answer» C. No, because A is a buyer in good faith and for value; | |
| 339. |
In the problem, above, Y executed an affidavit stating the foregoing circumstances. It was inscribed/registered in the day book of the register of deeds. Can the reservatarios recover? |
| A. | No, because the title of A is indefeasible; |
| B. | No, because A is a buyer in good faith and for value; |
| C. | Yes, because A is not a buyer in good faith and for value, as the registration of the affidavit in the day book of the Register of Deeds is notice to the whole world; |
| D. | No, because the affidavit was not recorded/annotated at the back of the title. |
| Answer» C. Yes, because A is not a buyer in good faith and for value, as the registration of the affidavit in the day book of the Register of Deeds is notice to the whole world; | |
| 340. |
The Roponggi property of the Philippines was sought to be sold to help raise funds to finance the various economic projects of the State. If you were consulted on this legal matter, what would be your advice? |
| A. | It can be sold because it is a patrimonial property of the State; |
| B. | It cannot be sold because it is a property of the State intended for public use and public service; |
| C. | It can be sold because it is a disposable property; |
| D. | It can only be sold if the Director of Lands reclassifies it to a patrimonial property. |
| Answer» B. It cannot be sold because it is a property of the State intended for public use and public service; | |
| 341. |
May there be registration of a parcel of land already decreed in favor of another? |
| A. | Yes, due to prescription; |
| B. | Yes, due to laches; |
| C. | No, the land registration court has no jurisdiction to order the registration of a property already registered, otherwise, it is void; (MWSS v. CA, 215 SCRA 783) |
| D. | Yes, for as long as there is compliance with the due process clause. |
| Answer» C. No, the land registration court has no jurisdiction to order the registration of a property already registered, otherwise, it is void; (MWSS v. CA, 215 SCRA 783) | |
| 342. |
A is the owner of a parcel of land covered by TCT No. 1. He leased it to B. When sued for ejectment, B contended that A’s title is void. Is he correct? |
| A. | Yes, because if A’s title is void, he has no right to sue B for ejectment; |
| B. | No, because that is a collateral attack on A’s title; |
| C. | Yes, because the decision on the title would be res judicata to the issue of the right to eject A; |
| D. | Yes, because a decision on the title of A is prejudicial to the right to eject B. |
| Answer» B. No, because that is a collateral attack on A’s title; | |
| 343. |
A leased a parcel of land from B. With the consent of B, A constructed his house. If B will file an application for registration of the land, what will happen to the house? |
| A. | It will be included in the registration as improvement thereon unless A files an opposition and asks that his right be annotated on the title; |
| B. | A can have it registered independently; |
| C. | A need not file an opposition as the court will order the registration of the land without the house because registration under PD 1529 applies only to land; |
| D. | A can oppose alleging that he has a better right to register since he is in actual possession. |
| Answer» A. It will be included in the registration as improvement thereon unless A files an opposition and asks that his right be annotated on the title; | |
| 344. |
What is the remedy of an owner of a titled land in case it was registered by another with the use of fraud under his name? |
| A. | He can file an action for reconveyance within 10 years from the discovery of the fraud; |
| B. | He can file an action for reconveyance within 10 years from the date of registration since the registrant is merely holding it as a trustee. |
| C. | He can file an action for reconveyance at anytime since the title is void, hence, the right to file the action is imprescriptible; |
| D. | He has to file the action within 4 years from the discovery of the fraud. |
| Answer» B. He can file an action for reconveyance within 10 years from the date of registration since the registrant is merely holding it as a trustee. | |
| 345. |
A was able to register a mineral land under TCT No. 1 as early as 1950. After his death, his children B and C inherited it and sold to D. What is the remedy of the State if it chooses to recover it today? |
| A. | File a petition for escheat; |
| B. | File an action for reversion which is imprescriptible (Rep v. Animas, 56 SCRA 499); |
| C. | Cannot file any action anymore because the title has become indefeasible; |
| D. | Cannot recover anymore because while A’s title was void, D has acquired it in good faith and for value. |
| Answer» B. File an action for reversion which is imprescriptible (Rep v. Animas, 56 SCRA 499); | |
| 346. |
May a corporation hold or own alienable lands of the public domain? |
| A. | Yes, to become sustainable; |
| B. | Yes, because the term persons under PD 1529 is used in its generic sense to include artificial persons; |
| C. | No, it can only lease; |
| D. | Yes, for a limited time. |
| Answer» C. No, it can only lease; | |
| 347. |
A is the owner of a property covered by TCT No. 10. As early as 1950, he knew that his title has been transferred under the name of B, but did nothing to recover it, knowing that B has been in possession. Can he file an action to recover it today? |
| A. | Yes, because the title is imprescriptible and indefeasible; |
| B. | Yes, because B’s title is void, hence, the action to declare it void is imprescriptible (Art. 1410, NCC); |
| C. | No more because of laches. While a title is imprescriptible, under certain exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985) |
| D. | No, because of estoppel. |
| Answer» C. No more because of laches. While a title is imprescriptible, under certain exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985) | |
| 348. |
If a parcel of land covered by a homestead patent is sold, what is the period of redemption? |
| A. | Within 5 years from registration of the deed; |
| B. | Within 5 years from the date of the conveyance (Sucaldito v. Montejo, February 6, 1991); |
| C. | Within 5 years from the date of the conveyance plus one (1) year redemption period under the Rules of Court. |
| D. | Imprescriptible because the sale is void. |
| Answer» C. Within 5 years from the date of the conveyance plus one (1) year redemption period under the Rules of Court. | |
| 349. |
A was granted a homestead patent on April 3, 2009. On April 29, 2011, she sold it to C. Is the sale valid? |
| A. | Yes, because the right to sell is inherent in the right of ownership; |
| B. | No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006) |
| C. | Yes, anyway, she can repurchase it; |
| D. | Yes, because there is no prohibition at the back of the title. |
| Answer» B. No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006) | |
| 350. |
May a person file an application for registration of a part of the reclamation undertaken by a local governmental unit? |
| A. | Yes, because it is an alienable land; |
| B. | Yes, because it is a private land; |
| C. | No, because reclaimed lands of the public domain may only be leased not sold to private parties as they retain their inherent potential as areas for public use or public service. (Chavez v. Public Estates Authority, 384 SCRA 152); |
| D. | Yes, because a local government unit is vested with a juridical capacity to enter into contracts. |
| Answer» C. No, because reclaimed lands of the public domain may only be leased not sold to private parties as they retain their inherent potential as areas for public use or public service. (Chavez v. Public Estates Authority, 384 SCRA 152); | |
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