1.
M (sorry mahina record)  [note: Q&A unedited]
 There is psychological incapacity in case of a woman who lives a
lie at the start of the marriage
 She had to write letter to herself, she had to invent personal
circumstances and it affected the performance of her marital
obligations.
 SC said, she is psychologically incapacitated
2. A marriage between first cousins is void for being contrary to public
policy.
 TRUE. Article 38(1) of the FC states that marriages between
collateral blood relatives whether legitimate or illegitimate, up to
the fourth civil degree, shall be void for reasons of public policy.
3. The marriage of the Filipina and an American in the PH facilitated by a
mail order bride operation is not valid?
 FALSE. Although the operation of such business is prohibited by
RA 6955 (Anti Mail-Order Bride Law), the validity of the marriage
will not be affected as long as the elements of a valid marriage are
present.
4. A policeman who killed X, a drug pusher, ….can validly marry the widow
of X.
 TRUE. The marriage may be valid provided that the killing was not
for the purpose of marrying the widow of X, as stated in Article
38(9) of the FC.
5. The accused in the ……nullity of his previous marriage…  [note: Q&A
unedited]
 FALSE
 While jurisprudence states that the nullity of a previous marriage
will not allow a party thereto to contract another subsequent
marriage without a judicial declaration of nullity of the previous
one
 SC said if he/ she gets married again, he/ she is risking a
prosecution for bigamy.
 BUT, EXCEPTIONALLY in the case of People vs Morigo, where the
marriage was annulled or declared void from the beginning. The
SC acquitted the accused BUT the acquittal was not really based
on the fact that there is a previous declaration of nullity but on
the nature of the ….
 The SC in Morigo distinguished that case from Sarciano? vs Tan in
the sense that n Morigo: there is no ceremony and that there is
no marriage to begin with although the SC said you cannot
determine for yourself the nullity of the marriage (not matter
WON void or voidable)
6. A valid bigamous marriage shall be auto terminated upon the
reappearance of the spouse.
 FALSE. Article 42 of the FC states that “valid bigamous marriage
shall be automatically terminated by the recording of the affidavit
of reappearance of the absent spouse, unless there is a judgment
annulling the previous marriage or declaring it void ab initio.”i
7. Pregnancy of the wife before the marriage by one other than the
husband is a valid ground for annulment.
 FALSE. As provided by Article 46 of the FC, it is the concealment of
pregnancy before the marriage by a man other than her husband,
and not merely the fact of such pregnancy, which constitutes as
ground for annulment.
8. Fraudulent misrepresentation of the one regarding the salary of one is a
valid ground for annulment of marriage.
 FALSE. Instances of fraud as a ground for annulment are limited to
those enumerated in Article 46 of the FC.
9. The grounds for annulment of marriage are exclusive to those specified
by law.
 TRUE. No other grounds may be assailed except those which are
specified by law.
10. A woman abandoned by the husband since 1995 may marry without the
judicial declaration of presumptive death.
 FALSE. As discussed in the case of Navarro vs Domagtoy,
regardless of the number of years, failure of the present spouse to
institute a summary proceeding for the declaration of
presumptive death shall render the subsequent marriage
bigamous, and therefore void.

11. The nullity of the subsequent marriage because of psychological
incapacity is prejudicial question in a bigamy case.
 FALSE. As discussed in the case of Tenebro vs CA, RPC penalizes
bigamy as the mere act of contracting a second or a subsequent
marriage during the subsistence of a valid marriage.
 Although the judicial declaration of the nullity of a marriage on
the ground of psychological incapacity retroacts to the date of the
celebration of the marriage, the marriage may still produce legal
consequences, such as incurring criminal liability for bigamy.
12. The rules of triennial cohabitation is absolute
 FALSE. It merely raises the presumption that the husband is
impotent should the wife still remain a virgin after living together
with the husband for three years.
13. Impotency may be relative
 TRUE. Relative impotency is where a person is impotent with
respect to his or her spouse but not with another woman or man.
 Under the FC, relative impotency may be invoked as a ground for
annulment of marriage in view of the physical incapability of one
party to consummate said marriage with the other.
14. A man who can only have an erection by drinking “makahiya” is
impotent
 FALSE. As discussed in the case of People vs Austria, impotency is
the physical inability to have sexual intercourse, characterized by
the absence of complete power of copulation.
 By drinking “makahiya”, the man can still have erection and
therefore perform sexual intercourse.
15. In a marriage that is voidable for lack of parental consent, the mother of
the 23-year old husband may seek the annulment of the marriage
 FALSE. Article 47(1) of the FC states that it is the party whose
parent or guardian did not give his or her consent, within five
years after attaining the age of 21, who should file for annulment
of marriage.
16. The insane spouse may seek the annulment of his marriage to another
insane person
 TRUE. Article 47(2) of the FC states that annulment of a marriage
due to unsound mind may be commenced by the insane spouse
during a lucid interval or after regaining sanity.
17. One single slap to the face can be a ground for legal separation
(Unchanged)
 TRUE
 Repeated violence BUT if the husband is 6ft tall and he wife is
4’11, one slap in the face could be fatal
 Under Article 55 a ground of legal separation is Repeated physical
violence or grossly abusive conduct directed against the
petitioner, a common child or a child of the petitioner
 This could be grossly abusive conduct
18. The insistence of the husband to have dog-style sex every other day can
be a ground for legal separation
 TRUE
- A ground for legal separation is sexual infidelity or
PERVERSION
- As long as there is no condonation of such acts of sexual
perversion then it could be a ground for legal separation
19. Continued support given by the aggrieved husband to the adulterous
wife is considered as condonation.
 TRUE
20. Recrimination must refer to a common ground for legal separation
 FALSE
 Different grounds or else it will end up in pari delicto
21. A legal separation decree does not become final
 FALSE
 Procedurally it does become final
 When the decree of legal separation is issued, the finality of the
separation is complete after the lapse of the period to appeal the
decision to a higher court even if the effects, such as liquidation of
the property, have not yet been commenced nor terminated.
(Macadangdang v. CA)

22. The wife may revert to her maiden name after the decree of legal
separation
 FALSE
 In a legal separation case, the marriage ties are not severed.
23. The reconciling spouses may adopt a property regime different from
what they had prior to the legal separation
 FC = Revival of former property regime (ART 66, 67 of FC) SC
Circular = May choose another property regime
 Substantive law will govern over SC Circulars
 BONUS
 The FC refers to the revival of the previous property regime
meaning they have to go back to what they had prior to the legal
separation
 BUT the SC in its CIRCULAR, provides that the spouses may revert
back OR they can adopt a new or diff prop regime BUT it is still in
the FC that if the spouses will agree on the prop regime it must
begin at the precise moment of marriage
 An agreement of a property regime to begin in the future is VOID
 On the basis of SUBSTANTIVE LAW, it is NOT possible
 But if considering the SC circular, it may happen
 Atty. Delson (personally, I would prefer substantive law)
24. Drug addiction or habitual alcoholism of the petitioner is a valid ground
for legal separation
 FALSE
 It is the respondent
 Under Article 55 (5) A petitione for legal separation may be filed
due to Drug addiction or habitual alcoholism of the RESPONDENT
25. A lesbian may not petition for legal separation against her gay husband
whom she caught having sex with their driver. (Unchanged)
 FALSE
 Does it mean that if the spouses are homosexual, they can no
longer fila an action from legal separation? NO
 Even if the man is homosexual but after finding true love he
forgot about his homosexual ways it would be unfair.
26. After legal separation the custody of the 6 years old child shall be
awarded to the innocent husband
 FALSE
 Under the Maternal preference rule embodied in Article 213 of
the FC “No child under seven years of age shall be separated from
the mother, unless the court finds compelling reasons to order
otherwise”
 EXCEPTIONALLY for a child below 7, the law states that the child
must be in the custody of the mother UNLESS it can be shown
that the mother is unfit
27. The offended spouse in an action for annulment shall be disqualified in
inheriting from the innocent spouse by intestate or testate succession.
(Unchanged, medyo Malabo yung question)
 TRUE
 In the case of legal separation, the provision which provides that
the will shall be revoked by operation of law does not foreclose
the possibility of
28. The … of the marriage under Art. 40 of the FC shall be governed by the
regime of absolute community of property… (Unchanged)
 TRUE
29. A void marriage under Art. 36 of the FC shall be governed by Art 148 of
the same code.
 FALSE
 Article 147 “When a man and a woman who are capactitated to
marry each other, live exclusively with each other as husband and
wife under a void marriage…. Their properties shall be governed
by the rules on co-ownership
 Governed by Art. 147 (3 requisites stated above are present) Art.
148 if any of the requisites are absent
 Art. 36 Psychological incapacity is not a legal impediment to a
marriage (passes the first requirement of “capacitated to marry
each other”
30. In the event of adverse judgement in a petition for legal separation, the
wife may appeal or file an MR
 FALSE
  MR first before one can file for appeal. Cannot appeal without
filing a MR
31. Upon the declaration of nullity of subsequent marriage, Art. 40 of the
FC, a donation propter nuptias in favor of a party in bad faith may be
revoked by court action.
 TRUE
 There is an apparent inconsistency between Art 43 and Art 86
because in Art 86 it made donation propter nuptias revocable by
court action. In Art. 43, it is supposed to be revoked by operation
of law.
32. The petition for legal separation may be filed in the family courts in the
province or city where the marriage was celebrated.
 FALSE
 According to section 2 [c] of A.M. No. 02-11-11-SC The petition of
legal separation shall be filedi n the Family Court of the province
or city where the petitioner or the respondent has been RESIDING
for at least six months prior to the date of filing or in the case of a
non-resident respondent, where he may be found in the
Philippines, at the election of the petitioner
 It must be in the place where either party resides (determinant of
the venue of the action – Rules of Court)
33. The respondent in a legal separation case may … verbally abused
(Incomplete question)
 TRUE
 It is part of the pretrial ……
34. In all cases, sexual intercourse is an implied condonation in a case for
legal separation
 FALSE
 Not in all cases, because sexual intercourse can be forced
 If it is forced upon the woman, that is not condonation.
 In Shackleton vs. Shackleton, 48 N. J. Eq. 364; 21 Atl. 935, it has
been held that “condonation is implied from sexual intercourse
after knowledge of the other infidelity. Such acts necessary
implied forgiveness. It is entirely consonant with reason and
justice that if the wife freely consents to sexual intercourse after
she has full knowledge of the husband’s guilt, her consent should
operate as a pardon of his wrong.”
 F*CK (“for unlawful carnal knowledge”) refers to adulterous
sexual relations, if with the wife, it is not f*cking but
love/romance
35. The decree of legal separation must be published once in a newspaper
of general circulation if the whereabouts of the respondents are
unknown
 FALSE
 Why service of summons may, if the party or the respondents is
not in the place of is last residence, he cannot be located or if his
whereabouts are unknown, the publication or the requirement of
publication of the decree will apply only when service of
summons was done by publication
 If at the start of the proceedings, you know where the respondent
is but thereafter he went missing is there a need for you to
publish the decree of legal separation? NO, if you have acquired
the jurisdiction over the person by means of service of summons,
then there is no need to publish the decree
 It is only in the case where the summons is served thru
publication that the decree of legal separation must also be
published
36. X purchased the very old Spanish house he was renting from a friend
with the intention of demolishing it once he receives his retirement pay
or 2 years from the sale and construct his dream house thereon. The
building is personal property.
 FALSE
 Intent will not determine the classification of the real property by
incorporation
 The building here is not personal property it is real property
 Remember the classification of real property under Art. 415
i. By nature – those which cannot be moved from place to place
(ex. Land while it is forming part of the earth; land on a dump
truck cases to be land which is immovable by nature and
becomes a personal property but if you put it back to form
part of the greater mass of the earth it reverts back to an
immovable by nature)
 ii. By designation – it is placed in an immovable in a fixed
manner to be an integral part thereof, like buildings…
iii. By incorporation – things which can be moved from place to
place but they are immobilized by incorporation; so it is the
attachment to the ground/ immovable that determines the
classification of the property (permanent or superficial) if
permanent, it becomes real property without any other
consideration even if it does not form part of the land/even if
it is a nuisance YES PROVIDED it is incorporated or attached to
the land permanently. (if it is made up of strong materials –
permanent; as opposed to those made up of light materials -
temporary)
iv. By purpose or by destination – intent of the owner is material
and not the manner of attachment
37. A concrete house on rented lot is personal property
 FALSE. Article 415, Par. 1: The following are immovable property:
(1) Land, buildings, roads and constructions of all kinds adhered to
the soli;
38. A concrete house on rented land may be the object of a chattel
mortgage
 TRUE
 While it is a real property, SC said that the parties may agree to
classify it as personal property for purposes of contract - chattel
mortgage
 The obligations arising from the contract shall be the law between
the contracting parties
 Standard Oil CO. of NY v Jaramillo: The parties to a contract of
chattel mortgage may, by agreement, treat as personal property
that which by nature would be real property such as buildings.
39. The house mentioned above may be auctioned as chattel mortgage
 FALSE
 The SC said however that the classification of the parties of a
house as a personalty will only be valid between them, if it will
affect third parties, it is still real property. So the procedure
governing the foreclosure, auction or sale of the property shall be
that of a real property.
 Evangelista v. Alto Surety & insurance co.
40. A house built in the middle of the street is not a real property
 FALSE. Article 415, Par. 1: The following are immovable property:
(1) Land, buildings, roads and constructions of all kinds adhered to
the soli;
41. A cash register of a restaurant is a real property
 FALSE
 Remember the elements for a machinery to be immobilized under
par 5 of Art 415
 One requirement is that the machinery should cater directly to
the needs of the industry or business, meaning that it must be
essential to the operations of the industry and not merely an
accessory
 Essential meaning, that the work or industry cannot be operated
without such machinery
 If the industry can be operated even without the machinery then
it is not essential
42. The beds of the hospital is personal property
 FALSE, if it is immobilized under par 5 of Art 415, it is real property
43. The machinery to be immobilized by destination may be owned by the
owner of the tenement
 TRUE
 Par 5 of Art 415 does not expressly require that the one who
placed the machinery must own the same
 What is important in par 5 is that the one who placed the
machinery is the owner of the land
 But for the owner to intend the machinery to be part of the real
property it presupposes that he is the owner thereof
 So if he rented the machinery or if he borrowed the machinery for
the use of his industry it cannot be considered as immobilized
under Art 415 (5)
44. A statute may be immobilized.
 FALSE
 A statute is a law may not be immobilized

45. A machinery placed by the lessor on rented property for an industry
operated by the lessee is real property
 TRUE. Article 415 does not distinguish. The important fact is that
it is intended by the owner of the tenement for an industry which
may be carried on in a building
46. A portable liquid container may be classified as real property under
Article 415
 TRUE. So long as attached and immobilized under Article 415. It
may fall under paragraph 3 and 5
47. A St. Peter’s fish in a fishpond may be donated orally
 TRUE
 The inclusion of the animal in Art 415 (6) as real prop will arise if
the animal is considered as an integral part of the animal house
 If the animal is treated separately with the animal house, it is not
classified as real property
 So the taking of a fish from the fish pond is not considered as
usurpation of the real property, it is qualified theft.
 So if you donate the animal not including the animal house, it is
considered as a personal property. Thus, you can donate it orally.
48. A vintage car placed by Mr. X in his living room as a permanent
ornamentation may be subjected to a writ of replevin in favor of Y, the
true owner
 TRUE
 The car was not immobilized by destination because the owner of
the tenement is not the owner of the car
 Art. 415 paragraph 4
 The object will not attain the character of immovable unless such
person acts as an agent of the owner, Davao Sawmill v. Castillo
49. Without exception, the strip of land between the high and low water
marks of the sea cannot be registered under the Torrens system
 TRUE Manese v. Velasco states that It is part of the alienable land
of the public domain and may be disposed of only by lease and
not otherwise. Foreshore land remains part of the public domain
and is outside the commerce of man. It is not capable of private
appropriation
50. The Roppongi lot in Japan, when no longer intended for public service
shall form part of the patrimonial property of the PHL
 TRUE or FALSE
 In the case of Laurel vs Garcia, the SC said that Art. 422 does not
automatically apply. The suggestion is that there must be an
affirmative act from the State as in the form of a law by the
legislative branch that would reclassify the property from pubic
dominion particularly by withdrawing it from public service or
public use and classifying it as patrimonial but substantially Art
422 provides that if the property is no longer for public use, it
shall form part of the patrimonial property
51. A health facility acquired and operated by the City of Manila using funds
donated by ... is patrimonial property
 FALSE
 The only patrimonial property of the State is the property that is
acquired using its patrimonial funds. If the purpose is for
governmental purposes, then it has the characteristics of
properties for public use/service
 Art. 423. The property of provinces, cities, and municipalities is
divided into property for public use and patrimonial property.
(343)
52. The aircon unit of Jollibee Baguio is real property
 FALSE
 Aircon is not necessary to Jollibee
 Art. 415 (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 tend directly to meet the needs of the said industry or
works;
53. The printing machine of a newspaper company installed inside its
building is a real property
 TRUE
  Art. 415 (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 tend directly to meet the needs of the said industry or
works;
54. A machinery bolted on a platform at the backyard (residential lot) of Mr.
X is personal property
 TRUE
 Art. 415 (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 tend directly to meet the needs of the said industry or
works;
55. Exceptionally, a municipality may lease a portion of the town plaza to
raise money for charity
 Last years answer: TRUE
 My answer*** FALSE
 Town plazas are properties of public dominion, to be devoted to
public use and to be made available to the public in general They
are outside the common of man and cannot be disposed of or
even leased by the municipality to private parties. (Espiritu vs.
Municipal Council of Pozorrubio)
56. Ownership is elastic
 TRUE
 Characteristics of ownership:
(1) It is a general right over all utilities of a thing subject to the
limitations of real rights of others.
(2) It is an independent right since it can exist without the
necessity of any other right.
(3) It is an abstract right because it can exist distinct and
independent of its constituent parts.
(4) It is an exclusive right for there can only be one ownership but
there may be two or more owners.
(5) It is generally a perpetual right and is not usually limited by
time and may last as long as the thing exists.
(6) It is an elastic right since the power included therein may be
reduced in quantity or quality without affecting the nature of
the dominion.
57. Ownership maybe limited by the nature of the property owned.
 TRUE
 Art. 428. The owner has the right to enjoy and dispose of a thing,
without other limitations than those established by law.
58. The doctrine of self-help may apply to an immovable property
 TRUE. Art 429 does not qualify.
 Art. 429. The owner or lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal thereof. For
this purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property.
59. The doctrine of state of necessity cannot be invoked if all the elements
for the application of self-help are attendant.
 TRUE
 Art. 434. In an action to recover, the property must be identified,
and the plaintiff must rely on the strength of his title and
not on the weakness of the defendant's claim.
60. Without exception, Article 448 will apply only if both parties acted in
good faith.
 FALSE. Also applicable if the parties are both in bad faith
61. An owner who does not know the exact metes and bounds of his land
cannot be a builder in good faith
 FALSE. Negligence does not equate to bad faith. SC says you can
still invoke good faith even if you do not know the exact boundary
of your property.
62. An accretion automatically belongs to the owner of the land adjoining
the banks of the river.
 TRUE.
  Owner of the land is the riparian owner, but does not
automatically include the title to the property, registration is still
required.
 Art. 457. To the owners of lands adjoining the banks of rivers
belong the accretion which they gradually receive from the effects
of the current of the waters.
63. There can be co-ownership between X and Y over 2 eggs of the same
size.
 Last year’s answer: TRUE
 My answer (please check!): FALSE. Art. 484. There is co-ownership
whenever the ownership of an undivided thing or right belongs to
different persons.
64. An agreement to subdivide the property terminates co-ownership.
 FALSE
 Actual partition terminates the co-ownership
 Art. 500. Upon partition, there shall be a mutual accounting for
benefits received and reimbursements for expenses made.
Likewise, each co-owner shall pay for damages caused by reason
of his negligence or fraud.
65. A co-owner becomes the owner of a parcel of land 40 years after he
causes the cancelation of the old title in the names of the co-owners
and the issuance of a new one in his name even if he did not tell his co-
owners about the cancellation.
 TRUE
 For a co-owner to acquire a property by acquisitive prescription,
one of the requisites is that there must be a renunciation of the
co-ownership which must be known to the other co-owners.
 Knowledge of the co-owners can be by actual information or by
constructive notice. SC said that the issuance of a title to one co-
owner can be considered as constructive notice to the whole
world that there is liquidation of ownership.
66. X and Y caught a monkey-eating eagle in the forest. A and Y own the
bird in equal shares.
 FALSE.
 They cannot own the bird.
67. A government recognition issued to a school operated by a stock
corporation is property.
 TRUE/FALSE
 The recognition is supposed to be a privilege granted by the State,
not property (strictly)
 However, if there is an issuance from CHED saying that if another
party will acquire the school, the recognition given by the State to
the school shall be included.
 Property in a limited extent as long as it is acquired together with
the school. But the fact that it can be acquired by another makes
it a property.
68. Properties of a municipality for the public use are under the control of
Congress.
 TRUE. Not patrimonial property of the municipality. The
municipality is holding such property as administrator for the
public or for the State.
69. A lot donated by a private corporation to the city of Manila for the
opening a street is patrimonial under the street is actually constructed
 FALSE. Property of public dominion are those intended for public
use, public service and for development of national wealth. The
purpose is not the actual use, so if the property is intended for
public use it is of public dominion, even if the mean time it is not
used as such.
70. A possessor of a parcel of land may file an action for forcible entry or
unlawful detainer against a party claiming to be the owner of the same
 FALSE. The tenant can deprive the possession of the property
even against the lessor
 So if the lessor through force or violence, dispossesses the tenant,
latter can file an action for forcible entry. For unlawful detainer,
the possessor has rightful possession by virtue of a contract or
some other legal right, but after it is terminated and he retains
possession.
71. An artificial lake constructed in the property of Mr. X was destroyed by
a magnitude 7 earthquake inundating the land and damaging the plants
 of his neighbor. Mr. X is liable for damages because the owner of a
property cannot make use thereof to injure the rights of a third person
 FALSE. The earthquake is a fortuitous event.
72. The sperm of Pedro, a bulldog, extracted through manual inducement is
a natural fruit
 TRUE. Natural fruit includes the young or other products of the
animal even if by manual intervention or scientific process. Ref:
Paras, Book II of Civil Code
73. Canned sardines from a cannery are fruits
 FALSE. Industrial fruits do not include canned goods or
manufactured products.
Ref: Paras, Book II of Civil Code
74. The compensation paid to X who executed a mortgage over his land to
secure the loan of another person is a civil fruit
 FALSE. Civil fruits do not include bonus granted as a reward or as
compensation to a person who mortgaged and thus risks his land
to secure the loan of another party. (Bachrach Motor Co. vs.
Talisay-Silay Milling Co.)
75. Article 448 may apply to an improvement introduced by a usufructuary
on a parcel of land
 FALSE. Art. 448 does not apply when there is a contractual
relation between the parties (Spouses del Campo vs. Abesia)
76. The landowner may avail of demolition as a first option under Article
448
 FALSE. In Ignacio vs. Hilario, the Court ruled that the owner of the
land is entitled to have the improvement removed when after
having chosen to sell his land to the other party (builder in good
faith), such party fails to pay the same.
 SAMPLEX ANSWER: TRUE. It is the last option (?)
77. Without exception, Article 448 applies only when a person builds, plants
or sows on the land of another
 FALSE. There is an exception, even if the land and the building
used to be owned by only one person, if by contractual or by
lawful processes, the ownership of the land has been separated
from the ownership of the building Art. 448 can be applied ‘by
analogy’.
 In the case where the building is used as a collateral and the
building was acquired by a third party in a public auction, as a
result the land belongs to the original owner and the building
belongs to a third party. The purpose of the rules on accretion is
to avoid a case of forced co-ownership where the accessory is
owned by one and the principal is owned by another.
 Both the principal and the accessory should be owned by only one
person, so in that case Art. 448 can be applied
78. Article 448 cannot apply where a co-owner builds on a land owned in
common
 FALSE. In Ignao vs. IAC, Art. 448 was applied when a co-owner
constructed a land owned in common but after partition of the
co-ownership, the building encroached upon the share that was
given to the other co-owner.
79. To avoid unjust enrichment, the builder in Article 448 must pay rent
during the period of retention
 FALSE. The builder in good faith cannot be forced to pay rent
during the period of retention
80. In industrial accession, a landowner in bad faith may not only lose his
property but could even be held liable for damages
 FALSE. In industrial accession, the land owner cannot lose his
property/land, but the land owner in bad faith may pay damages
and value of the improvements.
81. If the landowner elects to sell the land to the builder, the price must be
fixed at the market value at the time of taking or introduction of the
improvement of the land
 FALSE. In Batallan vs. CA (1999), it was ruled that in the event the
landowner elects to sell the land to the builder in good faith, the
price must be fixed at the prevailing market value at the time of
payment.
82. The buyer who builds on a land after an action for annulment of the sale
is a buyer in bad faith regardless of the result of the litigation.
 FALSE. There is bad faith on the part of the landowner whenever
the act was done with his knowledge (Art. 453). If there is no
knowledge of the action for annulment, there is no bad faith.
 However, if the seller sells the property knowing that there is a
pending litigation or a case on the said property then there is bad
faith
83. A planter in bad faith may demand reimbursement for irrigation
expenses
 FALSE. Irrigation expense is not a necessary expense for the
preservation of the land.
84. A builder in bad faith may demand reimbursement for real property
taxes on the land
 TRUE. The builder in bad faith is entitled to reimbursement for
the necessary expenses of preservation of land. Although taxes
are not exactly expenses for the preservation of the land, they are
still considered in the category of ‘necessary expenses’.
85. A planter in bad faith may claim reimbursement for litigation expenses
against the landowner
 FALSE. In the absence of stipulation, attorney's fees and expenses
of litigation, other than judicial costs, cannot be recovered, except
when there is malicious prosecution, act or omission has
compelled the plaintiff to litigate with third persons or to incur
expenses to protect his interest, or gross and evident bad faith in
refusing to satisfy the plaintiff's plainly valid, just and demandable
claim. Planter in bad faith does not fall among exceptions.
86. The in pari delicto rule applies to industrial accession
 False. In pari delicto states that since the parties are all in bad
faith, they have no affirmative relief. However, in the case of
industrial accession, if all parties acted in bad faith, they are
considered to have acted in good faith. Hence, they have available
reliefs under Art 453
87. The rule on accretion applies to lakes, non-navigable rivers and shores
 False. Art 458 refers to ponds and lagoons and has no application
to lakes.
88. In no instance will the rule of accretion apply if sedimentary deposits
are accumulated because of artificial works
 True: Art 457 excludes ALL deposits caused by human
intervention. Alluvion must be the EXCLUSIVE work of nature
(Vda. De Nazareno vs CA 1996)
 False: exception: if the special manmade works were done to
protect his property from the destructive force of the waters of
the river and the accumulation is merely incidental - alluvion
applies (Republic vs. CA 1984)
89. Uprooted trees on segregated land should be claimed within six months
 False. Trees are considered accessions of the land and hence, they
may be claimed within 2 years (Payatas Estate vs Tuason)
90. The rule on natural change in the course of a river does not apply to
navigable rivers
 False. Art 461 does not distinguish. Hence, it applies to both.
91. Islands formed through alluvion on rivers and lakes belong to the state
 False. Navigable river and lake: belongs to the state or patrimonial
prop (article 464)
 Non-navigable: belongs to nearest riparian owner or if in the
middle, half belongs to each riparian owner (465)
92. Plumbatura is the adjunction of the same metals
 False. Plumbatura: accessory and principal objects are different
metals
93. Gold, united by soldering to platinum, is the principal
 False. Platinum of greater value (468)
94. Tejido shall be governed by the rules on co-ownership
 False. Tejido (weaving of threads belonging to diff owners in
making textile) - adjunction and not mixture applies hence co-
ownership doesn't apply
95. In adjunction involving three or more things belonging to different
owners, there could be two principal things
 False. There is only one principal object, the rest are accessories
(Art 467)

96. The owner of a diamond set on a ring may remove the same even if the
ring may suffer some injury
 True - art 469 2nd paragraph

97. Sentimental value is not relevant in industrial accession involving

inherited land
 True. 475 only applies to personalty or immovable.

98. A fictitious contract of sale, sale by an agent without authority, and a

voidable contract of sale are examples of cloud over title to property
 TRUE

99. All co-owners must agree to bring an action for ejectment

 False. Any one of them can bring an action for ejectment (art 487)

100. A co-owner may demand at any time the partition of the property
owned in common
 True. Art 494.