LAW SITUATIONAL PROBLEMS

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When one exercises a right recognized by law, knowing that he
thereby causes an injustice to another, the latter is entitled to
recover damages. This is known as the principle of
(A) res ipsa loquitur. (D) abuse of rights.
(B) damnum absque injuria.
(C) vicarious liability.
(D) abuse of rights.
Who has the direct executive control on the sale disposition and
management of the lands of the public domain?
a. Municipal Court
b. Bureau of Lands
b. Bureau of Lands
c. District Land Officers
d. Regional Trial Court
How many hectares can private corporation or association lease
A and D lands of the public domain?
a. 24
b. 1000
b. 1000
c. 1500
d. 12
Is it still necessary that DENR shall approve the alienation or
transfer of homestead?

a. Government agencies cannot interfere with the affair of any

Filipino citizens
b. Yes, it is extremely necessary other wise no patents shall be
b. Yes, it is extremely necessary other wise no patents shall be
issued.
issued.
c. The transfer has already been done. There is nothing more to
approve
d. Not anymore because the transfer of rights was done in private
capacity
Natural born citizens of the Philippines who is not an owner of
more than 12 has of land who since June 12, 1945 or prior thereto
continuously occupied and cultivated either by himself or through
his predecessors in interest on public lands which is subject to
disposition could perfect his title thru: a. RTC
a. RTC
b. Bureau of Lands
c. DENR
d. Office of the President
The cancellation of free patent is between the grantor and the
a. DARAB
b. DENR c. Applicant/ grantee
c. Applicant/ grantee
d. LRA/ ROD
Which agency of the government can bring action in court in order
to revert a private land back to the government?

a. Land Management Bureau d. Office of the Solicitor General

b. Provincial Agrarian Reform Office
c. Land Registration Authority
d. Office of the Solicitor General
For the purpose of qualifying a public land applicant of free patent
under RA 10023, the average annual income of a 2nd class
municipality where he is applying is equal to or more than 45
million but not exceeding
b. 55M
a. 65M
b. 55M
c. 45M
d. 75M
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The CENRO concerned, shall process the public land application
under RA 10023 for non-extendible period of days, from the date
filing of the application
d. 120
a. 160
b. 130
c. 90
d. 120
What are the distinction between usufruct and a lease?

a. In a usufruct, it is always a real right. While in a lease, it may be

a real or personal property
a. In a usufruct, it is always a real right. While in a lease, it may be
b. In a usufruct, it is created by contract, while in a lease, it is
a real or personal property
created by the government
c. In a lease contract, the lessee has the duty to make ordinary
repairs, while in usufructuary, he has no duty to make repairs.
d. None of the above
Which agency of the government that has jurisdiction over cases
involving construction and development along foreshore area?

a. DENR c. DPWH
b. PRA
c. DPWH
d. PPA
Some of the co-owners of an old house would like to convert it into
a hotel for productive purposes. Others would like to preserve as
an ancestral home. What is the best solution?

a. Seek relief from the court a. Seek relief from the court
b. They should seek assistance from the office of the city engineer.
c. Proceed with the conversion anyways, it is beneficial to every-
body
d. Consult other relatives
Juan and Rex are co-owners of a piece of land in Cagayan. Juan
sold his undivided interest in the property to Marian to support
his children in college. After two days, Juan and Rex hired the
services of a Geodetic Engineer to subdivide the subject land after
which, Juan and Rex were given separate land titles. Is the right
of Maria prejudiced? C. No, she can still enforce her rights against the vendor.

A. No, she is not a co-owner.

B. Yes, she was not informed of the partition of the property.
C. No, she can still enforce her rights against the vendor.
d. Yes, the subdivision was done in bad faith.
Prior to the explanation of his lease contract, can an individual in
alienable public agricultural land allowed by the law to purchase
the lease area?

a. Yes, to ensure that every square inch of the land become

d. Yes, subject to restriction of existing laws, rules and regulations.
productive
b. No, the leased area cannot be purchased. It can only be leased
c. No, the leased area cannot be the subject of sales patent
application.
d. Yes, subject to restriction of existing laws, rules and regulations.
Can we acquire public dominion through prescription?

A. Yes, if we are in actual occupation and cultivation

No, it cannot be acquired through prescription
B. No, because there is no public land application filed
C. Yes, if we are in open and continuous possession
No, it cannot be acquired through prescription
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When do we consider that possession of a piece of land becomes
unlawful?

A. When the possessor is not the owner. B. When there is a demand to vacate the said parcel of land.
B. When there is a demand to vacate the said parcel of land.
C. When the rent has not been paid.
D. When the owner did give his consent.
Part of a river dried up due to lack of flowing waters. Who owns
the new bed?

A. Private Owner D. State

B. Riparian Owner
C. Littoral Owner
D. State
Why are alluvial deposits given to the owner of lands adjoining the
banks of rivers?

a) The owner is still considered landless. d) To offset his loss for possible erosion.
b)Because the adjoining owner is a tenant.
c) To make every square inch of the land productive.
d)To offset his loss for possible erosion.
Can Engr. E by his own declaration rescind the contract if Engr. W
failed to comply on the agreed date?

a. No, he can't.
b. Yes, he can.
b. Yes, he can.
c. The contract cannot be rescinded because it is already nota-
rized.
D. Engr. W is guilty of unethical conduct.
Can Engr. E by his own declaration rescind the contract if Engr. W
failed to comply on the agreed date? can Engr. W resort to judicial
action in case of unilateral rescission?
c. Yes, he can.
a. No, he cannot.
b.It is a futile exercise, judicial action is not required.
c. Yes, he can.
d.The action is unethical.
Penalty for fraudulent acts in reconstitution of lost or destroyed
certificates of titles.

A. 1 year imprisonment, 10000 fine B. 2 years imprisonment, 20000 fine

B. 2 years imprisonment, 20000 fine
C. 12 years imprisonment, 2000000 fine
D. Reclusion perpetua
The new foreshore along the reclaimed areas shall be the property
of _______
A. respective municipalities
D. national government
B. respective cities
C. an individual buyer
D. national government

In case a certificate of title considered lost was subsequently

found which is not in the name of the same person in whose
favor the reconstituted title has been issued, the ____________
or concerned party should bring the matter to the attention of
the concerned _______________ who shall conduct hearing after d. ROD, RTC
due notice.

a. CENRO, LRA
b. RED, LRA

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c. DENR, RTC
d. ROD, RTC
Who is considered the father of Torrens System?

a. Sir Richard Ray Torrens

c. Sir Robert Richard Torrens
b. Sir Richard Raymond Torrens
c. Sir Robert Richard Torrens
d. Sir Ray Robert Torrens
Other than the applicant, who else is being notified in an ordinary
land registration proceeding?

a. Director, NHA c. Director, LMB of DENR

b. DAR Regional Director
c. Director, LMB of DENR
d. Director General of NEDA
The posting of notice in land registration case is placed in the
bulletin board or in a conspicuous place of the
I. Province
II. City/ municipality
III. Quezon City
IV. Land applied for C. I, II, IV

A. II, III and IV

B. I, III, IV
C. I, II, IV
D. I, II, III
The decision of the reconstituting officer of the Register of Deeds
under RA 6732 is subject to the final review and or decision of the
LRA Administrator, he may the said decision
I. Reverse
II. Modify
III. Affirm b. I, II & III

a. II & III
b. I, II & III
c. I & II
d. I & III
A petroleum operation facility is operated off the coast of
Manila. The facility was located on a floating platform upon which
was permanently attached the heavy equipment for the petroleum
operations. What kind of property is the platform?
b. Immovable
a. Movable
b. Immovable
c. Both movable and immovable
d. NOTA
While waking on a street, Ricky finds a purse containing 100 pe-
sos. Does he become the owner thereof by his mere possession?
a. Yes, because the owner is unknown
b. No, possession does not make him a owner
b. No, possession does not make him a owner
c. yes, he found it by chance
d. No, he can be liable for stealing it

The City of Cavite entered into an agreement with the Fil-Estate

Realty Company, authorizing the latter to reclaim 300 hectares
of land from the sea bordering the city for docking and harbor
facilities, with 30% of the land to be reclaimed to be owned by Fil-
D. No, reclaimed land from the sea is public dominion
Estate as compensation for its services. Is the agreement valid?

a. Yes, it is allowed under RA 1899 for reclamation of land.

b. No, because there is no consent of the President.

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c. Yes, it is a perfected contract between the parties
D. No, reclaimed land from the sea is public dominion
Can a land owner eject a squatter on his property?

a. Yes, by principle of self-help

b. No, he must call the police to eject the squatters d. No, there must be a court order first
c. Yes, he is the real owner and it his right to eject them by
Himself
d. No, there must be a court order first
Andres is a riparian owner of a parcel of registered land. His land,
however, has gradually diminished in area due to the current of the
river, while the registered land of Mario on the opposite bank has
gradually increased in area by 200-square meters. Who has the
better right over the 200-square meter area that has been added
to Mario's registered land? B. Mario

A. Andres
B. Mario
C. Both Andres and Mario, in equal sharing.
D. No one. It is owned by the State.
Identified areas outside the boundaries of and immediately adja-
cent to designated protected areas that need special development
control in order to avoid or minimize harm to the protected area
A.Contiguous zone B.Buffer zone
B.Buffer zone
C.Ozone
D.NOTA
The allowable area for mining exploration by an individual in any
one province is twenty (20) meridional blocks or equal equivalent
to _____________ hectares.
A. 1,500 B. 1,620
B. 1,620
C. 2,620
D. 500
A parcel of mineral land containing a vein, lode, lodge or mass or
ore in place which has been located in accordance with law.
A.Placer claim
B.Lode mineral claim
B.Lode mineral claim
C.Stalagmite
D.Dolomite
The maximum area that a qualified person may hold at any time
under exploration shall be _______ blocks onshore in the entire
Philippines for individuals.
A.20 C.40
B.100
C.40
D.80
An agreement where the government grants to the contractor the
exclusive right to conduct mining operations within a contract area
and shares in the gross output. The contractor shall provide the
financing, technology, management and personnel necessary for
the implementation of this agreement. C.Mineral production sharing agreement
A.co-production agreement
B.Joint venture agreement
C.Mineral production sharing agreement
D.Labor-production agreement

Any person found extracting and disposing minerals without a

mining agreement lease, permit or license, shall upon conviction
be fined or imprisoned from six months to ______________ years.

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A. 10
B. 6
B. 6
C. 3
D. 12
Under the UNCLOS agreement, passage of foreign ship shall be
considered prejudicial to the persons coastal sea if in the territorial
sea
a.If the ship is in danger c. Any fishing activity
b.Any artificial distress
c. Any fishing activity
d.A travel without authority
Can an owner of a piece of land claims that he is also the owner of
the aerial space exactly corresponding to the size of his property
on the surface of the earth?
A.No, it is against aerial navigation D.Yes, subject to restrictions.
B.Yes, but is limited to the size of a 150 storey building
C.No, he is not the owner.
D.Yes, subject to restrictions.
As per PD 705, lands that are designated for the protection of
animals, birds and fishes and it is off limits to hunting are called
___________.
A. National park/ grazing areas D. Game refuge/ bird sanctuary
B. Grazing lands/marine park
C. Seashore park/ marine park
D. Game refuge/ bird sanctuary
What kind of watershed area that needs immediate protections
and rehabilitation in support to existing and future hydro-electric
power, irrigations and domestics water needs?
A. Virgin forest D. Critical watershed
B. Agro-forestry
C. Private reforestation project
D. Critical watershed
The minimum period given to a license under the timber license
agreement, renewable for the same period is ________________
years.
A. 50 B. 25
B. 25
C. 30
D. 10
The government and its desire to vigorously pursue forest protec-
tion programs __________ of chainsaws are regulated to prevent
further distraction of our forest.
I. Ownership
II. Importation
C. I, II, III
III. Transfer
A. I, II
B. I, III
C. I, II, III
D. II, III
RA 9175 is also known as Chainsaw Act of 2002 is being imple-
mented by the province of Palawan by the __________________
in accordance with the strategic environmental plan for Palawan.
A. Provincial development and coordinating council. C. Palawan council for sustainable development
B. Provincial environment and natural resources office
C. Palawan council for sustainable development
D. Office of the provincial governor.

A twenty (20) meters easement for public use must be indicated

in the cadastral map, if the area is situated in ______ areas. B. Agricultural
A. Institutional

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B. Agricultural
C. Industrial
D. Commercial
Can future inheritance be the subject of a contract of sale?

A. No, since it will put the predecessor at the risk of harm from a
tempted buyer, contrary to public policy.
B. Yes, since the death of the decedent is certain to occur. C. No, since the seller owns no inheritance while his predecessor
C. No, since the seller owns no inheritance while his predecessor lives.
lives.
D. Yes, but on the condition that the amount of the inheritance can
only be ascertained after the obligations of the estate have been
paid.
Which of the following is an indispensable requirement in an action
for "quieting of title" involving real property? The plaintiff must
A. be in actual possession of the property.
C. have legal or equitable title to the property.
B. be the registered owner of the property.
C. have legal or equitable title to the property.
D. be the beneficial owner of the property
X and Y were to marry in 3 months. Meantime, to express his
affection, X donated a house and lot to Y, which donation X
wrote in a letter to Y. Y wrote back, accepting the donation and
took possession of the property. Before the wedding, however, Y
suddenly died of heart attack. Can Y's heirs get the property?
A. No, since the marriage did not take place. C. No, since the donation and its acceptance are not in a public
B. Yes, since all the requisites of a donation of an immovable are instrument.
present.
C. No, since the donation and its acceptance are not in a public
instrument.
D. Yes, since X freely donated the property to Y who became its
own
Lucio executed a simple deed of donation of P50 million on time
deposit with a bank in favor of A, B, C, D, and E, without indicating
the share of each donee. All the donees accepted the donation
in writing. A, one of the donees, died. Will B, C, D, and E get A's
share in the money?
A. Yes, accretion will automatically apply to the joint-donees in
D. No, A's share goes to his heirs since the donation did not provide
equal shares.
for reversion to donor
B. Yes, since the donor's intention is to give the whole of P50
million to the joint-donees in equal shares.
C. No, A's share will revert to the donor because accretion applies
only if the joint-donees are spouses.
D. No, A's share goes to his heirs since the donation did not
provide for reversion to donor
An agent, authorized by a special power of attorney to sell a land
belonging to the principal succeeded in selling the same to a buyer
according to the instructions given the agent. The agent executed
the deed of absolute sale on behalf of his principal two days after
the principal died, an event that neither the agent nor the buyer
knew at the time of the sale. What is the standing of the sale? B. Valid

A. Voidable
B. Valid
C. Void
D. Unenforceable

When does a declaration of absence of a missing person take

effect?
(C) 6 months after the publication of the declaration of absence.
(A) Immediately from the issuance of the declaration of absence.
(B) 3 months after the publication of the declaration of absence.

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(C) 6 months after the publication of the declaration of absence.
(D) 15 days from the issuance of the declaration of absence.
The authority that school administrators exercise over school
children under their supervision, instruction, or custody is called
(A) legal parental authority.
(D) special parental authority.
(B) substitute parental authority.
(C) ordinary parental authority.
(D) special parental authority.
Can future inheritance be the subject of a contract of sale?
(A) No, since it will put the predecessor at the risk of harm from a
tempted buyer, contrary to public policy.
(B) Yes, since the death of the decedent is certain to occur.
(C) No, since the seller owns no inheritance while his predecessor
(C) No, since the seller owns no inheritance while his predecessor
lives.
lives.
(D) Yes, but on the condition that the amount of the inheritance
can only be ascertained after the obligations of the estate have
been paid.
Upon the proposal of a third person, a new debtor substituted the
original debtor without the latter's consent. The creditor accepted
the substitution. Later, however, the new debtor became insolvent
and defaulted in his obligation. What is the effect of the new
debtor's default upon the original debtor?
(A) The original debtor is freed of liability since novation took place
(A) The original debtor is freed of liability since novation took place
and this relieved him of his obligation.
and this relieved him of his obligation.
(B) The original debtor shall pay or perform the obligation with
recourse to the new debtor.
(C) The original debtor remains liable since he gave no consent
to the substitution.
(D) The original debtor shall pay or perform 50% of the obligation
to avoid unjust enrichment on his part.
Lennie bought a business class ticket from Alta Airlines. As she
checked in, the manager downgraded her to economy on the
ground that a Congressman had to be accommodated in the
business class. Lennie suffered the discomfort and embarrass-
ment of the downgrade. She sued the airlines for quasi-delict but
Alta Airlines countered that, since her travel was governed by a
contract between them, no quasi-delict could arise. Is the airline
correct? (A) No, the breach of contract may in fact be tortious as when it
(A) No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad faith, and
is tainted as in this case with arbitrariness, gross bad faith, and malice.
malice.
(B) No, denying Lennie the comfort and amenities of the business
class as provided in the ticket is a tortious act.
(C) Yes, since the facts show a breach of contract, not a qua-
si-delict.
(D) Yes, since quasi-delict presupposes the absence of a pre-ex-
isting contractual relation between the parties.
Which of the following is an indispensable requirement in an action
for "quieting of title" involving real property? The plaintiff must
(A) be in actual possession of the property.
(C) have legal or equitable title to the property.
(B) be the registered owner of the property.
(C) have legal or equitable title to the property.
(D) be the beneficial owner of the property.

X and Y were to marry in 3 months. Meantime, to express his

affection, X donated a house and lot to Y, which donation X
wrote in a letter to Y. Y wrote back, accepting the donation and
(C) No, since the donation and its acceptance are not in a public
took possession of the property. Before the wedding, however, Y
instrument.
suddenly died of heart attack. Can Y's heirs get the property?
(A) No, since the marriage did not take place.
(B) Yes, since all the requisites of a donation of an immovable are
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present.
(C) No, since the donation and its acceptance are not in a public
instrument.
(D) Yes, since X freely donated the property to Y who became its
owner.
Rene and Lily got married after a brief courtship. After one month,
Lily discovered that while Rene presented himself as a macho
man he was actually gay. He would not go to bed with her. He kept
obscene magazines of nude men and always sought the company
of handsome boys. What legal remedy does Lily have?
(A) She can file an action for annulment of marriage on ground of
(A) She can file an action for annulment of marriage on ground of
fraud.
fraud.
(B) She can seek a declaration of nullity of the marriage based on
Rene's psychological incapacity.
(C) She can go abroad and file for divorce in a country that can
grant it.
(D) She has none since she had the opportunity to examine the
goods and freely entered into the marriage.
Lucio executed a simple deed of donation of P50 million on time
deposit with a bank in favor of A, B, C, D, and E, without indicating
the share of each donee. All the donees accepted the donation
in writing. A, one of the donees, died. Will B, C, D, and E get A's
share in the money?
(A) Yes, accretion will automatically apply to the joint-donees in
(D) No, A's share goes to his heirs since the donation did not
equal shares.
provide for reversion to donor.
(B) Yes, since the donor's intention is to give the whole of P50
million to the jointdonees in equal shares.
(C) No, A"s share will revert to the donor because accretion
applies only if the joint-donees are spouses.
(D) No, A's share goes to his heirs since the donation did not
provide for reversion to donor.
Raul, Ester, and Rufus inherited a 10-hectare land from their
father. Before the land could be partitioned, however, Raul sold
his hereditary right to Raffy, a stranger to the family, for P5 million.
Do Ester and Rufus have a remedy for keeping the land within
their family?
(A) Yes, they may be subrogated to Raffy's right by reimbursing to
(A) Yes, they may be subrogated to Raffy's right by reimbursing to
him within the required time what he paid Raul.
him within the required time what he paid Raul.
(B) Yes, they may be subrogated to Raffy's right provided they buy
him out before he registers the sale.
(C) No, they can be subrogated to Raffy's right only with his
conformity.
(D) No, since there was no impediment to Raul selling his inheri-
tance to a stranger.
Which of the following is NOT a basis for rendering a disinheri-
tance defective or imperfect?
(A) Its cause comes from the guilt of a spouse in a legal separation
case, the innocent-spouse having died. (A) Its cause comes from the guilt of a spouse in a legal separation
(B) The truth of its cause is denied and not sufficiently proved by case, the innocent-spouse having died.
evidence.
(C) Its cause is not authorized by the law.
(D) Its cause is not specified.
Manuel came to Manila and married Marianne. Unknown to Mar-
ianne, Manuel had been previously convicted in Palawan of theft
and served time for it. After Marianne learned of his previous
conviction, she stopped living with him. Can Marianne seek the
(B) Yes, since the non-disclosure of that crime is the equivalent of
annulment of the marriage based on Manuel's nondisclosure of
fraud, which is a ground for annulment.
his previous crime?
(A) No, since the assumption is that marriage forgives all past
wrongs.
(B) Yes, since the non-disclosure of that crime is the equivalent of
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fraud, which is a ground for annulment.
(C) No, in case of doubt, the law must be construed to preserve
the institution of marriage.
(D) No, since Manuel already served the penalty for his crime.
Arthur and Helen, both Filipinos, got married and had 2 children.
Arthur later worked in Rome where he acquired Italian citizenship.
He got a divorce from Helen in Rome but, on returning to the
Philippines, he realized his mistake, asked forgiveness of his wife,
and resumed living with her. They had 2 more children. What is the
status of their 4 children?
(A) The children born before the divorce are legitimate but those (A) The children born before the divorce are legitimate but those
born after it are not since Arthur got the divorce when he had born after it are not since Arthur got the divorce when he had
ceased to be a Filipino. ceased to be a Filipino.
(B) The divorce rendered illegitimate the children born before it
since the marriage that begot them had been nullified.
(C) The children born before and after the divorce are all legitimate
since Philippine law does not recognize divorce.
(D) All the children are legitimate since they were born of the same
father and mother.
Who can make a donation?
(A) All persons who can enter into contracts and dispose of their
property.
(A) All persons who can enter into contracts and dispose of their
(B) All persons who are of legal age and suffer from no civil
property.
interdiction.
(C) All persons who can make a last will and testament.
(D) All persons, whether natural or artificial, who own property.
The liability of the partners, including industrial partners for part-
nership contracts entered into in its name and for its account,
when all partnership assets have been exhausted is
(A) Pro-rata. (A) Pro-rata.
(B) Joint.
(C) Solidary.
(D) Voluntary.
When can a missing person who left someone to administer his
property be declared an absentee by the court? When he has
been missing for
(A) 2 years from the receipt of the last news about him. (D) 5 years from the receipt of the last news about him.
(B) 7 years from the receipt of the last news about him.
(C) 10 years from the receipt of the last news about him.
(D) 5 years from the receipt of the last news about him.
Which of the following claims against the debtor enjoys preference
over the others with respect to his specific immovable property
and real rights?
(A) Unpaid price of real property sold, upon the immovable prop-
erty.
(B) Mortgage credits recorded in the registry of property, upon the
mortgaged real estate.
(C) Taxes due, upon the land or building.
(D) Expenses for the preservation and improvement of property,
when the law authorizes reimbursement, upon the preserved or
improved immovable.
When bilateral contracts are vitiated with vices of consent, they
are rendered
(A) rescissible.
(D) voidable.
(B) void.
(C) unenforceable.
(D) voidable.
An agent, authorized by a special power of attorney to sell a land
belonging to the principal succeeded in selling the same to a buyer
according to the instructions given the agent. The agent executed
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the deed of absolute sale on behalf of his principal two days after
the principal died, an event that neither the agent nor the buyer
knew at the time of the sale. What is the standing of the sale?
(A) Voidable. (B) Valid.
(B) Valid.
(C) Void.
(D) Unenforceable.

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