Property
Property
Property
3. Usufruct may involve real or personal property but an easement could only be over a real property.
A: TRUE. ART. 564 a usufruct may be constituted over things and rights without qualification whether it is a real or
personal property while in easement according to ART. 613 an easement or servitude is one which is imposed upon a
immovable property.
5. The usufructuary may lease the property to the third person but must ask the consent of the naked owner to the lease
contract and the choice of the lessee.
A: FALSE. ART. 572 provides that the usufructuary may personally enjoy the thing in usufruct, LEASE it to another or
alienate his right of usufruct. As to the thing itself, the usufructuary may lease the thing to another, even without the
consent of the owner. (p. 119, 2014 MEMAID)
6. In a quasi-usufruct, the usufructuary must return the thing itself or pay its current price at the termination of the usufruct.
A: FALSE. ART. 574 speaks of QUASI-USUFRUCT OR ABNORMAL USUFRUCT which provides the usufructuary at the
end of the usufruct must a. pay the appraised value or b. if there is no appraisal made, return the same kind, quality, or
quantity or he must pay the price current at the termination of the usufruct. (p. 117, 2014 MEMAID) The law does not
require that the thing itself must be returned.
7-8. Give 2 instances when tha naked owner is obliged to post a bond in usufruct.
A: a. ART . 587 (par.3) if the owner does not wish that certain articles be sold because of their artistic worth or because
they have sentimental value, he may demand their delivery to him upon his giving SECURITY for the payment of the legal
interest on their appraised value.
b. ART. 609 Should the thing usufruct be expropriated for public use, the owner shall be obliged either to replace it with
another thing of the same value and of similar conditions, or to pay the usufructuary the legal interest on the amount of the
indemnity for the whole period of the usufruct. If the owner chooses the latter alternative , he shall give SECURITY for the
payment of the interest.
9. Ordinary repairs consists of repair of damages due to normal use, which are not indispensable for preservation.
A: FALSE. ART. 592 (par 2) by ordinary repairs are understood such as are required by the wear and tear due to the
natural use of the thing and are INDESPENSABLE FOR ITS PRESERVATION.
11. The usufructuary did not share in the payment of the insurance premiums,
he is still entitled to the used of the property under Art. 607 if the owner rebuilds.
A: FALSE. (qualify kasi talaga dapat)
ART. 607 (par 1) IF THE USUFRUCT IS ON THE BUILDING AND LAND = the usufruct continues on the land and the
materials
ART. 607 (par 2) in relation to ART. 608 IF THE USUFRUCT IS ON THE BUILDING ALONE But in such case, if the
owner should wish to construct another building, he shall have the right to occupy the land and to make use of the
materials, being obliged to pay to the usufructuary, during the continuance of the usufruct, the interest upon the sum
equivalent to the value of the land and of the materials.
(CHECK 2014 MEMAID p. 124 pag mejo naguluhan kayo)
12. When the insurance on the building is taken only by the usufructuary, the
usufruct continues on the land and the naked owner must rebuild.
A: FALSE. The usufruct continues on the land for the remaining period of the usufruct. There is no obligation to rebuild on
the part of the usufructuary. Please see (2104 MEMAID pp. 124-125) walang nakalagay sa obligation ni owner to build
e huhuhuhu
14-20: Enumerate the distinctions between donations mortis causa and inter vivos
MORTIS CAUSA INTER VIVOS
Takes effect upon the death of the donor Takes effect independently of the donors death
Made in contemplation of his death without the intention to Made out of donors pure generosity
lose the thing or its free disposal in case of survival
Void if donor survives done Valid if donor survives donee
Always revocable at anytime and for any reason before the Generally irrevocable during donors lifetime except for
donors death grounds provided by law
Must comply with the formalities of a will Must comply with the formalities required by Arts. 748 and
749
Can only be accepted after the donors death Must be accepted during the donors lifetime
25. A convict suffering from civil interdiction may donate his property mortis
causa.
A: TRUE. The penalty of civil interdiction only prohibits donation inter vivos.
26. A donation made by an insane person can be validated by his having a lucid interval.
FALSE. Capacity to donate is determined at the time of donation. The donor
must have capacity to donate at the time of the perfection of the contract. His subsequent lucid interval will NOT cure the
defect.
30. A donation made by a husband in favor of a paramour is void even without a judgement of conviction.
TRUE. According to Art. 739, those donations made by persons guilty of adultery or concubinage at the time of the
donation shall be VOID.
31. The wife may validly donate in favor of her husbands paramour.
TRUE. There is no prohibition imposed upon such circumstance but no one in his right mind would do such, thereby
raising doubts as to the wifes mental capacity.
34. A donation of a parcel of land valued at P4,000.00 can be made in a handwritten deed that is notarized.
TRUE. Donations of immovable property must always be made in a public instrument, regardless of value. However, a
donation of an immovable, even if void, it can be the basis of acquisitive prescription, for as long as there is adverse
possession in the concept of an owner.
36. A donation made in favor of common law spouses is deemed to be a joint donation.
FALSE. The presumption that a donation is joint is only available for husbands and wives and NOT to common law
spouses.
37. A donation made by XXX company in favor of Mr. X and his paramour is valid.
TRUE. There is no prohibition, unless the company itself is prohibited from making donations.
39. The ownership of a property may be donated to an unborn child and the usufruct over the same property to another
person other than the mother.
TRUE. Art. 756 provides that the ownership of property may be donated to one person and the usufruct to another or
others, provided, all the donees are living at the time of the donation. This is because the naked ownership and usufruct
are real properties themselves.
40. The parties may agree that the donee will pay all the debts of the donor even in excess of the value of the property
donated.
TRUE. The law provides that if there is an express stipulation, the donee is to pay only debts contracted before the
donation, if not otherwise specified, but the donee answers only up to the value of the property donated, if no stipulation is
made to the contrary. If there is no stipulation, the donee is answerable only for the debts contracted in fraud of creditors.
41 to 43. What are the grounds for the reduction of a donation.
a. Birth, appearance, adoption of a child
b. Failure of the donor to reserve sufficient means for support of himself or his dependents
c. Failure of the donor to reserve sufficient property for the payment of his debts
d. Inofficiousness, that is the donation exceeds that which the donor can give by will.
44. An action for revocation for failure to comply with a burden imposed prescribes after five years from non-compliance.
FALSE. The action for revocation of an onerous donation does not prescribe in 4 years. It is governed by the law on
contracts and prescribes in 10 years. (p. 150, memaid)
45. An action for revocation on the ground of ingratitude may be renounced by the donor.
TRUE. However, it cannot be renounced in advance. Said action prescribes in 1 year to be counted from the time the
donor had knowledge of the fact and it was possible for him to bring the action.
46. An easement is a real right of limited use but without possession of the thing.
TRUE. An easement is a real right which is limited by the needs of the dominant owner or estate, WITHOUT
POSSESSION.
47. The easement of light and view, abutment of a dam, and aqueduct are continuous easements.
TRUE. Because the use of which are or may be, incessant without the intervention of any act of man.
49. Servitudes of intrusion may be acquired by prescription upon a notarial publication given to the servient owner.
FALSE. Servitudes of intrusion pertain to positive servitudes. It can be acquired by prescription of 10 years, counted from
the day their exercise commences. It is for negative servitudes that a notarized document is necessary in acquiring
property by prescription.
50. In the establishment of an easement by an apparent sign, the silence of the deed does not bar the right to the
easement.
TRUE. This is because the sign itself is apparent and as a rule, the mark or sign need NOT be seen but should only be
susceptible of being seen.