Philippines Civil Code Overview

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Questions and Answers

What is property?

Anything that can be owned, used, or controlled by individuals, corporations, or the state. (correct)
A specific, tangible item that can be physically possessed by a person.
A legal document outlining the ownership rights and obligations of a property.
A general term encompassing all assets, regardless of their physical form.

All things which are or may be the object of appropriation are considered either immovable or movable.

True (A)

Immovable property includes items that can be physically moved without altering their substance.

False (B)

A piece of land is classified as immovable property, regardless of whether anything is built on it.

True (A) Signup and view all the answers

Which of the following is an example of movable property?

A car (A) Signup and view all the answers

Forces of nature, such as electricity, can never be considered personal property.

False (B) Signup and view all the answers

Shares of stock in a company that owns real estate are classified as immovable property.

False (B) Signup and view all the answers

Which of the following is NOT a characteristic of property?

Indivisibility (D) Signup and view all the answers

Which of the following is considered a Res Communes?

Air (D) Signup and view all the answers

Which of the following is considered property of public dominion?

A public park (B) Signup and view all the answers

Match the following types of property with their corresponding descriptions.

Immovable by Nature = Inherently immovable properties, such as land and buildings. Immovable by Destination = Movable objects intentionally fixed or associated with immovable property, such as machinery installed for an industry. Immovable by Incorporation = Movable objects attached or incorporated into immovable property that cannot be detached without damaging the principal, such as trees growing on land. Immovable by Analogy = Intangible assets treated as immovable due to their connection to land or immovable property rights, such as contracts for public works. Signup and view all the answers

The right of accretion applies exclusively to landowners along the banks of navigable rivers.

False (B) Signup and view all the answers

What does the term 'accretion' refer to in the context of property law?

The gradual deposit of sediment or soil by the natural action of a current of water, increasing the size of a property. Signup and view all the answers

The person who finds a hidden treasure on state property is automatically entitled to 50% of its value.

False (B) Signup and view all the answers

The right of accession can only be applied to immovable property.

False (B) Signup and view all the answers

Which of the following rights does a usufructuary NOT have under Philippine law?

The right to sell the property. (A) Signup and view all the answers

The right of usufruct can be established only by a contract between the parties.

False (B) Signup and view all the answers

A usufructuary is required to provide security to the owner of the property to ensure that the property is preserved and returned in good condition.

True (A) Signup and view all the answers

What is the primary purpose of an easement or servitude?

To impose restrictions or obligations on the use of a property. (A) Signup and view all the answers

A dominant estate is the property that benefits from an easement, while the servient estate is the property that is subject to the easement.

True (A) Signup and view all the answers

An easement can be established for the benefit of a person without being tied to a specific property.

True (A) Signup and view all the answers

A servient estate is obligated to accept and maintain an easement that was established before they became the owner of the property.

True (A) Signup and view all the answers

The owner of a dominant estate can make any works on the servient estate they deem necessary to preserve the easement, without needing to inform the servient estate owner or consider the impact on the property.

False (B) Signup and view all the answers

Which of the following is NOT a common mode of acquiring an easement?

By Sale (A) Signup and view all the answers

An easement automatically terminates when the dominant and servient estates are merged under the same ownership.

True (A) Signup and view all the answers

If a dominant estate owner fails to use an easement for 10 years, the easement is automatically extinguished.

False (B) Signup and view all the answers

Which of the following is NOT a legally recognized type of easement?

Easements for commercial purposes. (B) Signup and view all the answers

The owner of the servient estate must pay the owner of the dominant estate for any damages incurred due to changes made to the easement.

False (B) Signup and view all the answers

If an owner's property is surrounded by other properties and lacks access to a public highway, they have a right to demand a right-of-way easement from one of the neighboring properties.

True (A) Signup and view all the answers

The location and width of a right-of-way easement can never be modified once it is established.

False (B) Signup and view all the answers

An easement can be granted for free if an owner acquires a property that is surrounded by land owned by the previous owner.

True (A) Signup and view all the answers

The establishment of a right-of-way easement can only be initiated through a formal court proceeding.

False (B) Signup and view all the answers

An easement can only be terminated if both the dominant estate owner and the servient estate owner agree to it.

False (B) Signup and view all the answers

The right of way easement ceases to be necessary if a new public road is constructed that provides access to the dominant estate, even if this occurs long after the easement was established.

False (B) Signup and view all the answers

The right of way easement is automatically terminated when the dominant estate is incorporated into a larger property that abuts a public road.

False (B) Signup and view all the answers

The right to establish an easement on a property automatically extends to all future owners of that property.

True (A) Signup and view all the answers

When a property is surrounded by other properties, it is mandatory for the owner of the surrounding properties to provide a right-of-way easement, regardless of any existing agreements.

False (B) Signup and view all the answers

Signup and view all the answers

Flashcards

Property

Anything that can be owned, used, or controlled by individuals, corporations, or the state. It implies ownership, use, and control.

Immovable Property

Assets that cannot be moved without altering their substance. It includes land, buildings, and structures permanently attached to the land.

Movable Property

Items that can be physically relocated from one place to another without changing their nature. It includes furniture, vehicles, and personal belongings.