I.

PROPERTY
PRELIM EXAM Set A

Write the letter of your answer and explain your

answer in 2 sentences or less. (3 points each)

Fill in the blanks. Write the answer on your

notebook. (1 point each)

For his wedding, A borrowed the luxury car of B. B

agreed and informed A that the brakes are defective
and that the gas tank is half full. A fixed the brakes,
filled the gas tank, and placed a Just Married!
sticker on the cars rear bumper. Before A could use
the car, B asked that the car be returned to him.

The following are immovable property:

(1) Land, buildings, roads and constructions of all
kinds _______________;
(2) Trees, plants, and ___________, while they are
attached to the land or form an integral part of an
immovable;
(3) Everything attached to an immovable in a
_______________, in such a way that it cannot be
separated therefrom without breaking the material
or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use
or ornamentation, placed in buildings or on lands
__________________ in such a manner that it
reveals the intention to attach them permanently to
the tenements;
(5) Machinery, receptacles, instruments or
implements intended by the owner of the tenement
for an industry or works which may be carried on in
a building or on a piece of land, and which
_________________ of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish
ponds or breeding places of similar nature, in case
their owner has placed them or preserves them with
the intention ___________________________and
forming a permanent part of it; the animals in these
places are included;
(7) Fertilizer _____________ on a piece of land;
(8) Mines, quarries, and slag dumps, while the
matter thereof_________________, and waters
either running or stagnant;
(9) Docks and structures which, though floating, are
intended by their nature and object
______________ on a river, lake, or coast;
(10) ___________ for public works, and servitudes
and other real rights over immovable property.

1. What kinds of accessions were introduced

by A on the car?
a. Adjunction, mixture
b. Specification, conjunction, confusion
c. Adjunction, confusion, conjunction
d. Mixture, specification
2. What are the remedies of A?
a. Ask for reimbursement for fixing the
brakes and for filling half of the gas
tank
b. Remove half of the gas from the tank
and the sticker from the bumper
c. Remove all the improvements
introduced at the expense of B
d. Remove the sticker and ask for
reimbursement for fixing the brakes
and for filling half of the gas tank
3. What are the remedies of B?
a. Appropriate all the improvements
without reimbursement
b. Remove the sticker and half of the
gas from the tank, reimburse A for
fixing the brakes, and ask for
damages
c. Appropriate all the improvements
and reimburse A for fixing the brakes
and for filling half of the gas tank
d. Remove the sticker at the expense of
A and reimburse A for fixing of the
brakes and for filling half of the gas
tank
A and B are adjoining landowners, whose lands are
separated by a river. For 30 years, the land of A
increased in size through the torrential effects of the
river. Believing the alluvium in As land came from
his property, B planted adult mangroves along the
riverside of his property to demarcate the lands
present boundaries. A few weeks later, a typhoon
came and altered the course of the river. B saw his

planted mangroves standing on As side of the

river.

c. All proceeds belong to A

d. All proceeds belong to the State

4. What is/are the remedy/ies of B?

a. Remove the mangroves within 6
months
b. Make a claim within 6 months
and remove the mangroves
within 2 years
c. Make a claim within 6 months
and remove the mangroves
within 4 years
d. Remove the mangroves within 2
years

A excavated on his property to make way for

the construction of a basement floor. At six feet
deep, the construction workers hit a gas pipe,
which caused the gas to leak, affecting the
residents of the adjacent condominium.
Because of this incident, the local government
unit locked down his property and the adjacent
condominium.
8. If A can show that such condemnation
by the LGU is unjustified, what is the
remedy of A?
a. Use reasonable force to repel
further usurpation by the LGU
b. Demand indemnity from those
who were benefited by the lock
down
c. Demand just compensation from
the LGU
d. Demand that his possession over
the property be restored

5. What is/are the remedy/ies of A?

a. Appropriate the mangroves if B
does not make a claim within 6
months
b. Appropriate the mangroves if B
does not remove them within 2
years
c. Appropriate the mangroves by
paying the current market value
thereof
d. Remove the mangroves and
demand reimbursement for the
expenses incurred in gathering

9. What concept of ownership was

demonstrated in the given problem?
a. Doctrine of Self-Help
b. Police Power
c. State of Necessity
d. Eminent Domain

6. Who owns the old riverbed?

a. A by right of accession
b. B in proportion to the area he
lost
c. Co-owned by A and B in equal
proportion
d. The State

10. What ownership right was limited by

the LGU?
a. Surface right
b. Right to enjoy
c. Right to vindicate
d. Right to dispose

7. A leased the ancestral house of B, including

the muebles therein. While cleaning the
house, A found thereon the medals and
uniform of Gen. Emilio Aguinaldo, who
was an ancestor of B. Finding them
historically valuable, A sold the items on
ebay. How should the proceeds of the sale
be divided?
a. 50-50 to A and B
b. All proceeds belong to B

A is the registered owner of a land. B, the

caretaker of As property, started planting
tomatoes without As permission. In his
plantings, B used As seedlings and fertilizer,
but built a greenhouse with his own resources
to shelter the plantings. When harvest time
came, A informed B that he wants to
appropriate the produce for himself.
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c. Within 10 years from the

discovery of the apartment
d. Within 10 years from discovery
of the barong-barong

11. B is entitled to
a. Reimbursement for the expenses
for building the greenhouse only
b. Reimbursement for gathering
only
c. Damages only
d. No reimbursement

16. The complaint must allege

a. As dispossession through stealth
and prior physical possession
b. As discovery of the apartment
and Bs unlawful possession
c. That A is the real owner and that
Bs possession was merely
tolerated
d. That Bs possession was merely
tolerated and that he built the
apartment through stealth

12. If the expenses for PGP is higher than

the value of the harvested produce, then
a. A will not be required to pay B
b. A will still pay for the expenses
for building the greenhouse
c. A can offset the value from the
expenses
d. A will still pay for the expenses
for PGP

17. What is the purpose of ejectment cases?

a. To determine better right to
possess
b. To avoid disruption of public
order
c. To physically restore possession
d. To remove cloud over ones
possession

13. If A cannot pay the expenses for PGP,

then
a. B has the right to retain the fruits
b. B can file a collection case
c. B has the right to purchase the
land
d. B has the right to retain the land

A, the neighbor of B, was watering his plants

one afternoon. A then saw C vandalizing the car
of B. To stop C, A pointed his water hose and
sprayed pressurized water at Cs direction. C
slipped, fell on the ground head first, and died.

A is the registered owner of a land. One day, A

discovered that B had built a barong-barong
over his property. Since the structure is only
made up of light materials, A tolerated Bs
occupancy over his property. After a year, A
went back to his property and discovered that
Bs humble hut is now a 2-storey apartment.

18. Was the act of A justified under the

Doctrine of Self-Help?
a. Yes
b. No

14. What action must A file to recover

possession over his property?
a. Accion reivindicatoria
b. Forcible entry
c. Accion publiciana
d. Unlawful detainer

19. Was the act of A justified under the

Doctrine of Necessary Interference?
a. Yes
b. No

15. The case must be filed

a. Within 1 year from the discovery
of the apartment
b. Within 1 year from the time the
possession was tolerated

M left boxes of ceramic tiles along the corridor

of his condominium floor. B, a contractor hired
by L, thought the boxes were those delivered by
his supplier. B took the boxes inside the unit
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owned by L and installed them on the bathroom

walls.

24. The painting is

a. Movable property
b. Immovable property

20. What is the remedy available to L?

a. Acquire the improvement by
paying B for the labor expenses
only
b. Compel B to buy the unit
c. Acquire the improvement by
paying M the value of the
materials
d. Absolute right to remove the
improvement at the expense of B
plus damages

25. The ATM is

a. Movable property
b. Immovable property
26. A property of public dominion
a. Is registered under the National
Government
b. Is for the proprietary functions
of the government
c. May be the subject of a contract
d. Can be acquired through
acquisitive prescription if
possessed in good faith for the
required period of time

21. What is the remedy available to M?

a. Right to receive indemnity for
the value of the materials from B
b. Absolute right to remove the
materials at the expense of B
c. Limited right to remove the
materials at the expense of B
d. If B is insolvent, receive
indemnity for the value of the
materials from L

27. Patrimonial property

a. Is not owned by the State
b. Is considered private ownership
c. Cannot be acquired through
prescription
d. May be for public use

22. What is the remedy available to B?

a. Limited right to remove the
materials
b. Right to retain the unit until he is
paid for the improvement
c. Right to be indemnified for the
necessary expenses if L chose to
acquire the improvement
d. B has no rights.

28. A property of public dominion becomes

patrimonial when
a. The property is not actually
devoted for public use or service
b. There is a formal declaration on
the part of the government
c. The President has issued an
executive order to that effect
d. The LGU has declared through
an ordinance that the property is
no longer for public service

Bank A leased the land owned by B. The lease

contract provides that all improvements
introduced by Bank A will be owned by B upon
the expiration of the lease term. Bank A, though
its agent, placed a painting in the managers
office, a bank vault, and an ATM.

29. Which of the following is not a property of

public domain?
a. A new riverbed in a private
estate
b. Accretion along the sea
c. Islands formed on lakes
d. Abandoned riverbeds

23. The bank vault is

a. Movable property
b. Immovable property
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30. Which of the following is considered

industrial fruit?
a. Trees
b. Balut
c. Bank interest
d. Perennial plants

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