Property Code - Study Guide

These are the things you need to focus on in studying Property code. I want you to memorize the exact meaning of the concepts and read the underlying principles and it's exceptions and always remember one or two examples. Always understand the law first before reading the comments of the book. 

1. The difference between immovable and movable property. Define and memorize the things enumerated under the law.
2. The instances where an immovable becomes a movable property and the underlying exceptions.
3. The meaning of public lands, public dominion, public use, and patrimonial properties.
4. The different kinds of ownership.
5. What are the actions to recover ownership. Memorize and understand the differences.
6. Understand the Doctrine of Self-Help.
7. Relate the different powers of the state with Property Code.
8. Define accession and memorize its classification.
9. The different kinds of civil fruits. Memorize and understand and always remember an example.
10. The difference of avulsion and alluvium and its underlying principles.
11. What is quieting of title?
12. The purpose of quieting of title.
13. Study everything about the concept of co-ownership.
14. What are the kinds of possession?
15. Distinguish possession of good faith and bad faith.
16. How is possession acquired. Read by heart and always remember one example.
17. What is the effect of possession?
18. What is the concept of owner and concept of holder?
19. What is title and the different kinds of title.
20. When is there abandonment and its underlying principles for recovery of property.
21. The principle of usufruct and the rights of usufructuary. 
22. The difference between usufruct and lease.
23. The extinguishment of usufruct and it's applicable rules.
24. Memorize the meaning of easement and the role of the dominant and servient estate.
25. Memorize the Characteristics of Easement.
26. The modes of acquiring easements. 
27. What is legal easement and its kinds. Study everything and always remember an example of each.
28. What is nuisance and the kinds of nuisance.
29. The purpose of registering the property and it's underlying principles.
30. The different modes of acquiring ownership.
31. The principle of occupation and and the applicable rules.
32. The rule on hidden treasure.
33. What is donation and the principle of donation inter vivos , donation mortis causa and donation praesenti. Give their distinctions and always remember one example.
34. What are considered void donations. Understand the applicable rules
35. When is donation deemed perfected? The forms and rules to be applied.
36. The principle of revocation and reduction of donations.

Law on Property (Sample Exam Questions)

Read each question carefully and then answer it directly, concisely and clearly. Start each number on a separate page and answer to a sub-question under the same number may be written continuously on the same and immediately succeeding pages until completed. Do not repeat the questions. A mere "Yes" or "No" answer without explanation or discussion will not be given any credit.

1. Give a situation where a bag of fertilizer ---movable property can be considered as immovable property. Explain.

2. Give an instance where former real property will classify as movable property. Explain

3. Give example you can avail the doctrine of Self-Help. Explain.

4. Give circumstances where accession takes place. Explain.

5. Explain Quieting of Title and give an example.

6. Elucidate Accion Interdictal and illustrate what kind of possession is to be recovered?

7. Give circumstances where there is a contract of usufruct? Expound clearly.

8. Give example where there is merger of usufruct and ownership. Explain.

9. Discuss what is legal easement and give example.

10. Explain easement on party wall and give example.

11. Give a situation where easement of right of way is present? Explain.

12. May nuisance be legalized through prescription supposing a piggery was existing since time immemorial? Explain.

13. What is the purpose of registering transaction concerning registered land at the Register of Deeds and annotating it at the back of the Certificate of Title? Explain.

14. Give an example of donation mortis causa. Explain.

15. Give an example of donation inter vivos. Explain.

16. What is donation? Is last will and testament a kind of donation? Why?

17. When will donation be perfected? Explain.

18. A luxurious yacht worth 3 million because of its value and importance in commerce it is considered:

a. real property     

b. luxurious property     

c.personal property       

d. mixed (movable and immovable) 

d. none of the foregoing

19. A tree house which can be dismantled anytime is:

a. mixed (movable and immovable)    

b. real property

c. personal property    

d.can either be movable or immovable property     

e. none of the foregoing

20. One of the remedy against a private nuisance is:

a. criminal action   

b. dismantling of the nuisance   

c. an order of the municipal health officer to stop operation    

d. arresting the operator of the nuisance    

e.none of the foregoing

Succession Law (Sample Questionnaire)

Read each question carefully and then answer it directly, concisely and clearly. Start each number on a separate page and answer to a sub-question under the same number may be written continuously on the same and immediately succeeding pages until completed. Do not repeat the questions. A mere "Yes" or "No" answer without explanation or discussion will not be given any credit.

I.  A. What is partition?

    B. How do you distinguish judicial from extrajudicial partition?

    C. Is it necessary that the partition be entrusted to any of the heirs in order that the same be fully effective?

    D. Will the partition be valid among the heirs even if the will has not been probated?

    E. If only one (1) heir survives the decedent, is there a need for judicial declaration of his heir-ship?

II. JokJok during his marriage with this second wife Gracia acquired ten (10) hectares of coconut land. He likewise left ten (10) million pesos. They agreed to extrajudicially partition the estate. Upon learning of the project of partition, his five (5) children of the previous marriage claim their allege lawful shares. The heirs of the second marriage opposed the claims contending that the same was earned during the second marriage and therefore should exclusively belong to them. Rule on their respective positions giving your reasons. Furthermore, apportion or illustrate their respective shares if any. 

III. On his deathbed, Moymoy orally prohibited his compulsory heir, his brothers and a friend, the partition of his ten (10) hectares fruit tree plantation, being a  product of his hardwork, including his residential and prime commercial lots for a period of twenty (25) years so that it will remain intact.

A. May the prohibition be respected?

B. If the majority of the heirs, mutually agree to partition the property without the knowledge and consent of the others, can they validly do so?

C. If instead of  subdividing the properties, they mutually agree to sell the property in violation of the desire of the decedent. Will the act be valid and legal?

D. Does the prohibition to partition apply only to the free portion?

IV. Pending liquidation of estate, Berting sold his shares out of financial problems to Padring (stranger). Her sister, Berta, angrily seeks your legal opinion as to the legality and validity of the sale contending that it is a "sale of future inheritance". Is she correct?

      Furthermore, she now ask your legal opinion whether or not she is allowed by law to exercise her right of redemption after three months from her notice of sale via registered letter.

V. A testator during his last illness confessed to a priest who happened to be his only son. In his will, made shortly after the confession, the testator gave his only son-priest P700,000 out of an estate worth of 1 million pesos. The remaining P300,000 was given to his friend Babe. Then the testator died.

A. How much if any, will the son-priest inherit? Why?

B. How much will the friend get? Why?