USUFRUCT

1. Q: What is ownership w/o usufruct?

A: Naked

2. What kind of things are the objects of a normal usufruct?

A: immovable and movable, non-consumable

3. How are the rights and obligations of the usufructuary determined?

A: Agreement of parties, if none civil code

4. Can the usufructuary recover his expenses for useful or luxurious improvements? Is there an exception?
A: No. Exception if it can be removed without damage on the form and substance of the object

5. Who owns the fruits in the beginning of the usufruct?

A: Usufructuary (not the naked owner)

6. When the usufructuary did not conduct the survey to determine the boundaries of the land in usufruct for the 1st 10 years, is the usufruct
extinguished although the period of usufruct was set at 50 years with the provision that the usufructuary shall determine the boundaries of 7
hectares as a subject of the usufruct?
A: No.???

7. Can a usufructuary lease his rights to the property w/o the consent of the owner?
A: YES, pero maeextinguish pag nag extinguish na yung usufruct

8. Who has the right to choose the tenant of a building: the owner of the building or the usufructuary who is entitled to the rentals?
A: The usufructuary

9. What kind of usufruct is a simple loan?

A: Quasi-usufruct

10. X gave the naked title of her fishpond to her sister, Y, and the usufruct to her 14 nieces. When the 3 of the 14 nieces dies, who gets their
share?
A: Usufruct remains the multiple usufructuary up to the death of the last one of them

EASEMENTS

1. Can easements be imposed on movables?

A: NO. Only immovables are subject to easements.

2. What do you call the estate that benefits from an easement?

A: Dominant Estate

3. Mr Aquino allowed people to pass through his land connecting it to the highway . He charged a “toll fee” for vehicles but passers-by can
use it for free. Mr Bernabe owned a “Tuba” saloon across the highway. Mr. Aquino’s workers using the road to get drunk in Mr. Bernabe’s
tuba saloon. Can Mr. Aquino prevent Mr Bernabe from driving his truck through his land even if Mr Bernabe was willing to pay the toll fee?
A: No

4. There are 2 images below. Which one is a positive easement? Which one is the negative easement?
A: NOne??

5. Is the easement in the photograph below continuous or discontinuous?

A: If pathway, discontinuous. If dried up river bed, continuous.

6. How are easements established?

A: Art 619

7. Where do you find the basis for the easement in the picture below?

A: Title

8. Which of the following extinguishes the easement?

a. By renunciation by the owner of the servient estate

b. By the death of the co-owner
c. By the non-user for 15 years

A: C. By the non-user for 15 years

9. What is the easement that is shown in the picture below?

A:

10. How is the distance of the easement of rainwater falling between two houses determined?
A: Puruganan v. Paredes

NUISANCE

1. Select the paragraph in Art 694 that best describes the nuisance in the photograph below:

A: “Annoys or offends the senses”

2. Is this a public or private nuisance?

A: Public nuisance because it affects a group of people or community - hospital and school

3. What is the period of prescription for the abatement of nuisance?

A: NONE

4. What are the 4 requisites of extrajudicial abatement of private nuisance?

A: The same requisites of extrajudicial abatement of public nuisance
1. Demand
 2. Demand has been rejected
3. Abatement is proved by the District Health Officer and executed with the assistance of Local Police
4. Value of destruction does not exceed 3,000.00

5. What are the 2 methods by which abatement of public nuisance is accomplished?

A:
1. By removal
2. By destroying the thing causing the nuisance

6. What are the remedies against a private nuisance?

A:
1. Civil Action
2. Abatement w/o judicial proceedings

7. Can a private person institute a civil action against public nuisance?

A:
GR: No because it is the Mayor who should institute the action against a public nuisance
XPN: Yes when the nuisance is specially injurious to a private person

8. Are piles of sand and gravel near a construction site considered as an attractive nuisance?
A: YES because it encourages young children to play while it is dangerous because there are heavy equipment, tools and construction
materials like nails and screws that may injure them

9. Does the photograph below depict a nuisance? Why or why not?

A: Yes. A nuisance that obstructs the use of the sidewalk

10. When can a person be liable for filing a court action against a nuisance?
A: when proven that the action was filed for harassment

MODES OF ACQUIRING OWNERSHIP

1. MISSING

2. What MODE of acquiring ownership did Goldilocks invoke against the 3 bears? Is she correct?
A:

3. Is TRADITION a mode of acquiring ownership?

A: YES

4. What is the type of constructive delivery described below?

A: Tradicion brevi manu – one who possesses a thing by title other than ownership, continues to possess the same under a new
title, that of ownership
Tradicion constitutum possessorium – owner alienates the thing, but continues to possess the same under a different title e.g
depositary, pledgee, or tenant

5. What is the type of CONSTRUCTIVE DELIVERY is illustrated below?

A: Traditio symbolico

6. What is the share of the pirate of the treasure he found on an uninhabited island after correctly deciphering the secret code in the Treasure
Map “X Marks the Spot”?
A: 1/2

7. Which of the ff animals can be legally acquired thru OCCUPATION?

A: Deer (huhu natakpan ung turtle)

8. What is the “ANIMO REVERTENDI”?

A: intention to return or have it returned has been given up by the owner.

9. Can the sudden change in course of the river on the eastern boundary of your property, creating a new course in the middle of your land
be considered a mode of extinguishing ownership? Explain.
A: Avulsion. No it still belongs to the owner of the land.

10. Can the Ifugao Indigenous People claim ownership of the mountains where their rice terraces are located and maintained since time
immemorial?
A: NO? Regalian doctrine.

DONATION:

1. Donation is a contract. Does it require “TRADITION” to transfer ownership?

A: No.

2. Is the DONATION made by the lessee to her son valid?

A: NO. the property was not hers to start with

3.A. What kind of donation rewards past services? Remuneratory 1st kind

3.B. What kind of DONATION imposes a burden of the donee? Remuneratory 2nd kind

4. What kind of DONATION INTER VIVOS is contemplated in Art 729?

A:

5. Mr. A read the will of his grandfather, who was undergoing dialysis, and found out that his grandfather is donating the ancestral home to
him. What should A do to make sure the donation is not invalidated?
A:

6. Can a mistress be made a beneficiary of the life insurance of a man whose legal wife is still alive and not aware of the illicit relationship?
A: Yes

7. Can a guardian donate the property of his ward?

A: NO

8. What kind of property requires simultaneous delivery when donated?

A: movable

9. Mr X donated 100 shares of stock to her 2 sons, A and B, in equal shares. A did not accept the donation. Can B get the other half for A?
Why or Why not?
A: No. Genato v Genato. “Since by appellants' own version, the donation intended was a joint one to both donees, one could not accept independently
of his co-donee, for there is no accretion among donees unless expressly so provided (Art. 637) or unless they be husband and wife.”