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True or False:

1. The Family Code, which took effect on 3 August 1988, provides that any alienation or
encumbrance made by the husband of the conjugal partnership property without the consent of
the wife is void. FALSE
2. Conjugal property cannot be held liable for the personal debts contracted by one spouse, unless
some advantage or benefit is shown to have accrued to the conjugal partnership. FALSE
3. There is co-ownership whenever the ownership of an undivided thing or right belongs to
different person. TRUE
4. One of the requisites of the power of eminent domain is that it must be for public use. FALSE
5. Property refers to any thing which is already the object of appropriation or found in the
possession of man. TRUE
6. Accession continua refers to extension of the right of ownership to that which is incorporated or
attached to a thing which belongs to such person. FALSE
7. Avulsion is also known as force of river. TRUE
8. No co-owner shall be obliged to remain in the co-ownership. TRUE
9. Action to demand partition is imprescriptible or cannot be barred by laches. TRUE
10. A person may be declared owner but he may not be entitled to possession. TRUE
11. Foreigners can own up to 40% of the entire condominium corporation. FALSE
12. Residential and commercial properties are always subject to VAT. FALSE
13. Capital gains presumed to be realized from the sale of a real property not categorized as
ordinary asset is subject to a tax of six percent (6%). FALSE
14. The documentary stamp tax is an excise tax levied on documents, instruments, loan agreements
and papers evidencing the acceptance, assignment, sale or transfer of an obligation, rights, or
property incident thereto, and has a rate of one point five percent (1.5%). FALSE
15. Exemption to real property tax is given to real properties owned by the government, charitable
institutions, churches, cooperatives, those that are used in the supply of water and electric
power and equipment for pollution control and environmental protection. TRUE
16. The real property tax starts to accrue on the first of January every year and can be paid in four
installments before the office of the local treasurer on or before the end of each quarter. FALSE
17. Lina Law is also known as "Urban Development and Housing Act of 1992." FALSE
18. Late payments of real property tax shall subject the taxpayers to the payment interest at the
rate of two percent (2%) per month on the unpaid amount to a maximum of seventy-two (72%)
percent or thirty-six (36) months. TRUE
19. Community property refers to all properties owned by the spouses at the time of celebration of
marriage and all properties acquired after marriage. TRUE
20. In the system of absolute community, liabilities incurred by either spouse by reason of crime is
chargeable to the absolute community property, in the absence or insufficiency of the exclusive
property of the debtor-spouse. TRUE
21. A person cannot interfere with the right of ownership of another except when civil
indemnification can be asked for as it is in a state of necessity. TRUE
22. No person shall be deprived of the property except by competent authority and for public use
and always upon payment of just compensation. TRUE
23. Any modification, alteration or change in the marriage settlement must be made before the
celebration of the marriage. FALSE
24. Dominion is Not owned by the State but simply under its jurisdiction and administration for the
collective enjoyment of all the people of the State. FALSE
25. Accession is the right of the owner of a thing, real or personal, to become the owner of
everything. FALSE
26. Repairs for preservation may be made at the will of one of one of the co-owners, but he must, if
practicable, first notify his co-owners of the necessity for such repairs. TRUE
27. All persons who may contract and dispose of their property may make a donation. TRUE
28. Condominium Certificate of Title is given in condominium units. FALSE
29. Transfer tax in Metro manila must not exceed 75% of the 1%. FALSE
30. Property relations between husband and wife is governed by marriage settlement, family code
and local customs. TRUE

Enumeration:
1-4. Requisites for power of eminent domain
Taking must be done by competent authority
Must be for public use
Owner paid just compensation
Requirement of due process of law must be observed

5-10. Different modes of acquiring ownership


Original Mode (independent)
Occupation (condition of being without known owner); and
Work which includes intellectual creation (creation, discovery, or invention)
Derivative modes or those based on a pre-existing right held by another person, namely:
Law (existence of required conditions)
Donation (contract of parties)
Succession, estate and intestate (death)
Tradition, as a consequence of certain contracts (contract of the parties), and
Prescription (possession in the concept of owner)

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