CIVREV 1 TRUE.

(FC 103)
QUIZ 4
August 19, 2017 9. Upon dissolution of property regime resulting from legal separation, the
presumptive legitimes of the common children shall be delivered upon
partition in accordance with Article 51 of the Family Code because the
1. Collective Bargaining Agreement retirement benefits received by the procedure for liquidation is the same for legal separation and annulment.
husband in excess of what the law mandates shall be exclusive property.
TRUE.
TRUE. The excess is mere gratuity; hence, it, being acquired by
gratuitous title, forms part of his exclusive property. (FC 115) 10. If part of the land of X falls on the lower estate of Y as a result of erosion
caused by earthquake, X has the right to remove the same within 2 years.
2. The fruits of separate property shall belong to the conjugal property of
absolute community. FALSE. It must be caused by the current of river, creek or torrent for
Article 459 to apply.
FALSE. The fruits, as well as the income, of properties acquired from
gratuitous title or previous marriage shall be excluded from the 11. If a gold ring is valued at 20,000 while gem set on it by adjunction is
community property. (FC 92) 20,500, the owner of the gem may remove it even if the ring may be
scratched as a result of removal.
3. A pig is an industrial fruit of a piggery farm.
TRUE.
FALSE. It is a natural fruit. (NCC 442)
12. There is collusion if the husband sets up his wife to commit an act of
4. In Article 35 Paragraph 2 of Family Code the bad faith of one spouse adultery to have a ground for legal separation.
neutralizes the bad faith of the other.
FALSE. This is connivance.
FALSE. At least one of them should be in good faith.
13. A husband has an action for damages based on breach of contract against
5. The presumption of good faith on the part of a possessor is quasi- the wife who fails to perform her obligation as a spouse.
conclusive.
FALSE. There is no such thing as breach of contract of marriage. The
TRUE. It may be refuted by contrary evidence. (NCC 527) remedy is to file an action for damages.
6. A possessor in good faith or bad faith is entitled to an indemnity for 14. The one-fifth limitation on donation by reason of marriage will also apply
luxurious improvements he introduced on the property of another should the even if the parties executed an ordinary donation.
latter opt to retain the same.
FALSE. The 1/5 limitation applies if the donation propter nuptias is
TRUE. (NCC 548 and 549) made in the marriage settlement. The reason for limitation is to prevent
undue influence. If it is an ordinary donation, there is nothing to
7. A donation propter nuptias may include future property.
prevent since it was not made in consideration of marriage but out of
FALSE. Donations cannot comprehend future property. pure liberality, thus limitation does not apply.

8. If a marriage is terminated by death, complete separation of property shall 15. After legal separation, the donee may revoke donation by reason of
govern the subsequent marriage of the surviving spouse solemnized after a marriage if the donor is the guilty spouse because no one may be compelled
year from the death of the deceased spouse, if the spouse fails to liquidate to accept the generosity of another.
the property regime

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 FALSE. The donor may revoke the donation if the donee is the guilty 23. Judicial separation of property may follow upon the declaration of
spouse. presumptive death of the wife who was missing for 3 years after the plane
she boarded crashed in the Indian Ocean.
16. The expenses of the husband in undergoing the sex-change operation care
chargeable against the absolute community. FALSE. If there is presumptive death, you liquidate the property
regime. Judicial separation of property is a proper remedy ONLY if
FALSE. This is not self-improvement. the marriage has not been dissolved.
17. In all instances, the spouse shall be governed by the regime of absolute 24. Voluntary dissolution of absolute community may happen only once.
community in the absence of a stipulation on property relations. TRUE.
FALSE. ART. 103 & 130 spouse dies, no liquidation, surviving 25. The administration of exclusive property may be transferred by the court to
remarries. The property regime of the surviving spouse and the new the other spouse who is sentenced to a finality of civil interdiction.
spouse if complete separation of property. FALSE. The court cannot transfer the administration to the
18. A car purchased during the marriage, 45% of the price of which was paid person who is civilly interdicted because he cannot manage his
out of the conjugal partnership funds and 55% from exclusive funds of wife, properties.
belongs to conjugal partnership. 26. A will that was impliedly revoked by a subsequent will shall be revived
TRUE. upon the revocation of the second will.
TRUE.
19. Moral damages awarded in favour of the husband because of physical
injuries inflicted by the brother of his wife belongs to conjugal partnership. 27. Opposition to the intrinsic validity of a will cannot be entertained during
probate.
FALSE. The moral damages are awarded to him by reason personal to TRUE.
him.
28. A mere picture in the testator’s cellphone of his holographic will may be
20. Interest on the ante-nuptial accounts payable of the husband incurred during allowed for probate purposes.
his stag party shall be charged against the conjugal partnership but the FALSE. The original must be presented.
principal must be paid out of his exclusive funds.
29. Succession is a derivative mode of acquiring ownership.
FALSE. The debt does not redound to the benefit of the family.
TRUE.
21. The conjugal partnership will be liable if the contract was executed by the
husband with the wife signing as a mere witness. 30. Acceptance of inheritance by the successor is an element of succession.

TRUE. FALSE. The elements of succession are subjective elements (testator,

heirs, devisees, and legatees), objective element (inheritance), and
22. The conjugal partnership shall advance payment for liability of debtor causal element (death).
spouse arising from a criminal offense.
31. A holographic will tattooed on the belly of the testator is valid.
FALSE. This is true only in case of absence or insufficiency of the
exclusive property of the debtor-spouse. (FC 94) FALSE. The holographic will must be entirely written, dated and
signed by the hand of the testator, unless he is a tattoo artist himself.

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 32. A will written by a testator after being judicially declared insane must be 44. A monetary obligation of the decedent may be inherited by an heir in the
disallowed even if it is made during a lucid interval because the judicial sense that whatever payment made from the estate is ultimately a payment
declaration has not been lifted. by the heirs or distributees since the amount of the paid claim in fact
diminishes or reduces the shares that the heirs would have been entitled to
FALSE. Supervening incapacity will not invalidate a valid will. receive.
33. If the testator delegates the signing of the will to a representative, the latter TRUE.
must sign his own name and the name of the testator. 45. An heir may sell his share in the inheritance after the death of the decedent
FALSE. Only the testator’s name. although the will has not yet been probated.
34. If the person asked to subscribe for the testator is 10 years old, the will is TRUE.
void.
46. The failure to state the number of pages in the attestation clause of a will
TRUE. can be cured by a statement of the number of pages in a subsequent codicil.
35. The test of available senses provides that the witnesses must sign the will FALSE. It must be re-published.
within the range of a blind testator’s other senses. 47. A will was signed in the presence of an instrumental witness even if said
TRUE. witness is in an adjoining room separated by a glass wall decorated with
36. A will is void if the witnesses signed before the testator subscribed his will. wallpaper all over.
FALSE. This is not a requirement because what is required is that they FALSE. There is an obstruction.
sign in presence of each other. 48. A will is void if it does not state that it is written in a language known to the
37. The attestation clause need not be signed by the testator. testator.
TRUE. FALSE. It is not necessary that it is stated as long as it is
38. The statement of the place of execution of a will need not be indicated. complied with.
TRUE.
39. The witnesses may sign at the margin of the page containing the attestation 49. An abandoned property is res alicujus.
clause. FALSE. It is res nullius.
FALSE. They must sign at the end of the attestation clause.
50. Rice may be non-fungible.
40. An interpolation in a holographic will that is not authenticated by the
testator’s full signature will invalidate the will. TRUE.
FALSE. It will invalidate the interpolation only.
51. A stolen painting may be immobilized by attachment under paragraph 3 of
41. An attesting witness may use his thumb mark instead of a signature. article 415.
TRUE.
FALSE. The thing may not be immobilized if the one who attached it to
42. A forced heir may be a witness to the testator’s will. an immovable is not the owner of the thing.

TRUE. 52. A power barge fastened to a tug boat in a bay is real property.
TRUE.
43. A revocation of a will based on a false cause will make the will void.
FALSE. The revocation, not the will, is invalidated. 53. A personal right against a debtor will survive the destruction of all his
properties.

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 TRUE. 64. Accretion may benefit the owner of land adjoining the banks of a lake.

54. Meralco towers bolted on platforms are personal property but the TRUE. Laguna de Bay is a lake, the accretion on which, by the
transmission lines may be assessed real property taxes. mandate of Article 84 of the Spanish Law of Waters of 1866, belongs to
the owner of the land contiguous thereto. (Meneses v. Court of Appeals)
TRUE.
65. Accretion may also apply to unregistered lands.
55. Dominion is the exclusive right of ownership over a property.
TRUE. TRUE.

56. The gradual sinking of a registered land due to natural calamities and the 66. Quieting of title is not applicable to public lands.
action of the waves of the sea revert the property to public dominion.
TRUE.
TRUE.
67. A decision of the DARAB that is already final may not be a cloud on title to
57. A son-in-law cannot sell the property of his deceased mother-in-law. property because it is not included in the enumeration in Article 476.

FALSE. He may sell it if he was assigned as an executor or FALSE. The Supreme Court holds that the DARAB decision in favor of
administrator. Cabral satisfies all four elements of a cloud on title. The DARAB
decision, a final one at that, is both an “instrument” and a “record.”
58. The issuance of a writ of execution is a ministerial duty of the court in Black’s Law Dictionary defines an instrument as a document or writing
foreclosure proceedings. which gives formal expression to a legal act or agreement, for the
FALSE. It is discretionary. purpose of creating, securing, modifying or terminating a right. A
record, on the other hand, is defined as a written account of some act,
59. CARP beneficiaries may employ reasonable force under Art 429 to guard court proceeding, transaction or instrument drawn up under authority
the lots awarded to them. of law, by a proper officer, and designed to remain as a memorial or
permanent evidence of the matters to which it relates. It is likewise a
TRUE.
“claim” which is defined as a cause of action or a demand for money or
60. The share of the finder of hidden treasure is exclusive property. property since Cabral is asserting her right over the subject lots. More
FALSE. Conjugal property. importantly, it is a “proceeding” which is defined as a regular and
orderly progress in form of law including all possible steps in an action
61. A caretaker who constructs a house without the permission of the owner is a from its commencement to the execution of judgment and may refer
builder in bad faith. not only to a complete remedy but also to a mere procedural step that is
part of a larger action or special proceeding. (Green Acres v. Cabral)
TRUE. Except if the landowner accepts rental payments from the
caretaker, in which case the caretaker would be a builder in good faith. 68. Quieting of title does not apply to boundary disputes.
(Automat v. Sps. Dela Cruz)
FALSE. Where the titles are not opposed, and the basis and existence
62. Under the Civil Code, accretion does not apply to littoral owners. of all right and claim depend simply upon where the original line runs.
When that is once settled, there can remain no semblance of claim or
TRUE.
cloud to be passed on, and the issue on that particular question is one
63. Dumping of sawdust and other filling materials may result to accretion in regularly triable at law. (Vda. de Abilles v. CA)
favour of the owner adjoining the bank of a river.
FALSE. Must be natural cause.
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 69. A co-owner is not a necessary party in an action for ejectment filed by (2) Livestock existing upon the dissolution of the partnership in excess of
another co-owner against the lessee. the number of each kind brought to the marriage by either spouse;

FALSE. A co-owner is a necessary party insofar as his share to the co- (3) Those which are acquired by chance, such as winnings from gambling
owned property is concerned. or betting. However, losses therefrom shall be borne exclusively by the
loser-spouse.
70. The sale of a property made by a co-owner without the consent of the other
co-owners is void because an act of alteration or disposition must have (4) Those acquired by onerous title during the marriage at the expense of
unanimous approval to be binding. the common fund, whether the acquisition be for the partnership, or
for only one of the spouses;
FALSE. It is valid but only insofar as his share in the property is
concerned. (5) The fruits, natural, industrial, or civil, due or received during the
marriage from the common property, as well as the net fruits from the
71-76. Enumerate 6 instances where testamentary dispositions are revoked by exclusive property of each spouse;
operation of law.
(6) Those acquired through occupation such as fishing or hunting;
PUJ-BALA:
(7) The share of either spouse in the hidden treasure which the law awards
(1) Preterition revokes the institution of heir; to the finder or owner of the property where the treasure is found;
(2) Act of Unworthiness by an heir, devisee/ legatee revokes testamentary 84-89. Enumerate the causes for judicial separation of property.
provisions in his favor;
CLAAPS:
(3) Judicial action for recovery of debt revokes a legacy of credit/remission
of debt; (1) That the spouse of the petitioner has been sentenced to a penalty which
carries with it civil interdiction;
(4) If both spouses of the subsequent marriage acted in bad faith, said
marriage shall be void ab initio and testamentary dispositions made by one (2) That loss of parental authority of the spouse of petitioner has been
in favor of the other are revoked by operation of law; decreed by the court;

(5) Alienation, transformation, or loss of bequeathed property revokes a (3) That the spouse of the petitioner has been judicially declared an
legacy of such property; absentee;

(6) Legal Separation revokes testamentary provisions made in favor of the (4) That the spouse of the petitioner has abandoned the latter or failed to
offending spouse; comply with his or her obligations to the family as provided for in Article
101;
(7) Annulled of void ab initio marriages revoke testamentary dispositions
made by one spouse in favour of the other. (5) That the spouse granted the power of administration in the marriage
settlements has abused that power; and
77-83. Enumerate the properties of conjugal partnership.
(6) That at the time of the petition, the spouses have been separated in fact
LL-CC-FONTI: for at least one year and reconciliation is highly improbable.
(1) Those obtained from the labor, industry, work or profession of either 90-93. Enumerate the 4 circumstances that constitute fraud as a ground for
or both of the spouses; annulment of marriage.

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 NPSD: (No Problem Sana Daddy) (5) If the testator was insane, or otherwise mentally incapable of making a
will, at the time of its execution; and
(1) Non-disclosure of a previous conviction by final judgment of the other
party of a crime involving moral turpitude; (6) If the signature of the testator was procured by fraud.

(2) Concealment by the wife of the fact that at the time of the marriage, she 109-115. Enumerate the grounds for the revival of the property regime between
was pregnant by a man other than her husband; the spouses before judicial separation of property.

(3) Concealment of sexually transmissible disease, regardless of its nature, TJARRRR:

existing at the time of the marriage; or
(1) When the civil interdiction terminates;
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage. (2) When after voluntary dissolution of the absolute community of property
or conjugal partnership has been judicially decreed upon the joint
94-102. Enumerate the 9 classes of succession. petition of the spouses, they agree to the revival of the former
property regime. No voluntary separation of property may
(1) Testamentary thereafter be granted.
(2) Intestate (3) When the court, being satisfied that the spouse granted the power of
(3) Mixed administration in the marriage settlements will not again abuse
that power, authorizes the resumption of said administration
(4) Compulsory Succession
(4) When the absentee spouse reappears;
(5) Voluntary Succession
(5) When the spouse who has left the conjugal home without a decree of
(6) Universal Succession legal separation resumes common life with the other;
(7) Particular Succession (6) When parental authority is judicially restored to the spouse previously
deprived thereof; or
(8) Inter Vivos
(7) When the spouses who have separated in fact for at least one year,
(9) Mortis Causa
reconcile and resume common life.
103-108. Enumerate the grounds for disallowance of a will.

FFUMIS:

(1) If the formalities required by law have not been complied with;

(2) If it was executed through force or under duress, or the influence of

fear, or threats;

(3) If it was procured by undue and improper pressure and influence, on

the part of the beneficiary or of some other person;

(4) If the testator acted by mistake or did not intend that the instrument he
signed should be his will at the time of affixing his signature thereto;
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