Fundamentals of Property Ownership in the Philippines, Exams of Nursing

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1-1 Fundamentals of Property

Ownership

1987 Philippines Constitution - correct answer ✔✔Ownership of real estate in the Philippines is foremost and primarily governed by: Regalian doctrine - correct answer ✔✔When a person speaks of the principles that "all lands of the public domain belongs to the state," it is referred to as: 40% - correct answer ✔✔The maximum amount of foreign ownership of a trading corporation which intends to buy lands shall be: Family Code of the Philippines - correct answer ✔✔The law that governs the property relations of two people who plan to get married in 2013 is referred to as: Agricultural - correct answer ✔✔The government may dispose or alienate lands of the public domain provided the classification is: One-half share (one share: legitimate child) - correct answer ✔✔The share of an illegitimate child in their father's estate is equivalent to the share of the legitime of the legitimate child in the share of: Eminent domain - correct answer ✔✔It is the power of the state to take private property for the purpose of public use, provided there is payment of just compensation Absolute community of property - correct answer ✔✔Ms. Shamy will get married this coming year but does not intend to enter into a marriage settlement. What will be their property relations after marriage? Police power - correct answer ✔✔In case a person owns a piece of land, it can only be used for legal purposes, and the government may exercise its power referred to as:

Right to dispose (Bundle of rights: Right to possess, Right to use/enjoy, Right to the fruits, Right to dispose, Right to recover, Right to exclude others) - correct answer ✔✔One of the most important rights of someone who owns agricultural land and which is part of the bundle of rights of an owner is: 12 hectares - correct answer ✔✔Under the 1987 Philippine Constitution, the government may transfer land to a Filipino citizen by homestead provided the size does not exceed: Contractual (easements, servitudes, usufruct) (Legal: zoning ordinances, regulations) (Constitutional: police power, eminent domain, taxation) - correct answer ✔✔There are two main types of limitation on the right of ownership over land, one of which is legal or by the government, while the other is: Separation of property - correct answer ✔✔Ms. Alopa will get married this year and will enter into a prenuptial agreement with agreement on complete separation of property regime. What will be their property relations after marriage? Alluvium - correct answer ✔✔When soil is deposited through the gradual deposit by the flowing of a river in the property along the river, deposited soil is called: She has not renounced her citizenship - correct answer ✔✔A Filipina got married to a foreigner in August 3, 1998. In such case, the Filipina may still buy land in the Philippines. Provided :

Steward concept of ownership - correct answer ✔✔An owner is obliged to utilize the land not only for himself but also for the general welfare, is referred to as the principle of Has a bundle of rights - correct answer ✔✔An owner is said to be an owner in fee simple. Which means that the owner: Condominium certificate of title - correct answer ✔✔The best evidence of ownership of a 1-bedroom condominium unit that a person has is Expropriation - correct answer ✔✔A proceeding which government undertakes in the exercise of its power to take private property for road widening and payment of just compensation He leases the land and builds a house - correct answer ✔✔A natural born American citizen from Hawaii may own a house in the Philippines Hereditary succession - correct answer ✔✔The daughter of a Filipino went abroad and then became a foreign citizen. The daughter may still own land in the Philippines upon the death of the parents by: Prenuptial agreement - correct answer ✔✔For one to have a property relation of complete separation of property, the future spouses must execute this document before marriage. Usufruct - correct answer ✔✔It is the right of a person to the fruit of a property even if the property is not owned by the said person. August 3, 1988 - correct answer ✔✔The Family Code that now governs the property relations between married people after the New Civil Code became effective last 18 years old both - correct answer ✔✔Two people desire to get married under the Family Code of the Philippines, it is now required that their ages should be: Deed of restriction - correct answer ✔✔It is voluntary limitation on one's right of ownership to land

Private grant (voluntary transfer of private property by owner) - correct answer ✔✔Two neighbors enter into a sale of a house and lot in cash. This type of transfer is referred to as: Void (because regardless, the foreigner cannot own; however, it is required by RD) - correct answer ✔✔A foreigner married a Filipina who then bought a house and lot and the Register of Deeds required the foreigner to execute an affidavit of waiver of his rights over the property. The affidavit of waiver is: He is a former natural born Filipino citizen - correct answer ✔✔A Filipino who became a Canadian citizen may still buy land in the Philippines for business purposes provided Community property (default for wife's inheritance during Family Code) - correct answer ✔✔Mrs. Chi got married last August 2012 but her father donated to her a condominium unit in Makati before she got married. In such case, the property will be considered A legal heir - correct answer ✔✔A foreigner may own land in the Philippines through hereditary succession, but it is required that the foreigner must be Paraphernal property - correct answer ✔✔When it is the sole property of the wife which she inherited when she was already married, it is referred to as Jus soli (3 bases in Philippine nationality law: By Birth: jus soli By Blood: jus sanguinis By Naturalization) - correct answer ✔✔This principle states that the citizenship of a person shall be based on the location of birth of a person is called

File a petition with the Bureau of Immigration - correct answer ✔✔To apply as dual citizen of the Philippines under RA 9225, one must be a former natural born Filipino and do the following Co-ownership - correct answer ✔✔Arnold and Ces were both 18 years old but decided not to get married yet and just lived as husband and wife. Their property relation shall be 1 hectare (rural land) (1000 sq. m. - urban land) - correct answer ✔✔Ed Layas, former natural born Filipino became a Japanese citizen and now wants to but a lot in subdivision in Cavite. He may do so under BP 185 and if in a rural area, the area should not exceed She gets the consent of her husband - correct answer ✔✔Baby got married last June 1998, but now separated from her husband. In case she inherited property when she was still single, she can still sell property provided (3 hectares - rural) 5000 square meters (urban) (RA 7042 - Foreign Investment Act) - correct answer ✔✔A natural born Filipino neighbor migrated to the United States and became an American but now wants to do business in the Philippines and acquire land in Bonifacio Global City. What is the maximum area that your friend can purchase under the Foreign Investment Act? Involuntary grant (land is taken against owner's consent) - correct answer ✔✔An owner of a house borrowed money from the bank but failed to pay his loan and the property was sold at auction. This is referred to as a method of acquiring title by Capital property - correct answer ✔✔The sole property of the husband is also called Buying and selling - correct answer ✔✔Acquisition of land under Foreign Investment Act is allowed for business purposes but cannot be done for the purpose of

Escheat - correct answer ✔✔The government may own real property such as when a person dies intestate and with no heir under the principle of 1000 hectares - correct answer ✔✔C corporation engaged in the corn business wanted to expand its plantation and lease more land from the government, but it can do so provided the maximum area does not exceed They have a judicial separation of property - correct answer ✔✔A husband and wife cannot sell property to each other, except if their property relations is separation of property, or 5 years - correct answer ✔✔Mr. Felipe sold their conjugal house and lot to the buyer but did not get the consent of his wife, Alexis. Alexis may question the sale still provided she does so within a period of how many years from date of sale indefeasible - correct answer ✔✔The best evidence of Ownership is the Torrens certificate of title, as it considered imprescriptible and 25 years - correct answer ✔✔A foreigner, under the Foreign Investors' Lease Act, may lease land in the Philippines for 50 years and renewable for another Act of legislature - correct answer ✔✔In addition to the process of naturalization, a foreigner may also become a Filipino citizen through Legal guardian - correct answer ✔✔Under the law, the following person cannot acquire land of the person under whom the administration of the property is given Illegitimate child - correct answer ✔✔A female child was born of parents who could not marry because they were both minors at the time of the birth, and is classified as 25 years renewable for another 25 years (private corporation)

(Foreigner: 25 renewable 25 Investor: 50 renewable 25) - correct answer ✔✔If ABC Corporation wanted to lease lands of the public domain, the lease can only be for a period of Right of way easement - correct answer ✔✔Your neighbor who owns the parcel of land behind your property A wanted to pass through your property and is referred to as Accretion - correct answer ✔✔The spouses Provis who lived in the province had a river behind their lot where through the gradual deposit of the soil by the river resulted in additional land and is referred to as a mode of acquiring title by 60% - correct answer ✔✔Paris Sheraton, a British, wanted to buy a piece of land in Taguig City and to be able to do so he will have to form a corporation with a minimum Filipino ownership of the outstanding capital stock of at least Relative community of property (a.k.a. conjugal partnership of gains - CPG) (upon separation, the net gains obtained by either spouse shall be divided equally between them) (CPG is the default regime prior to Family Code, 1988) - correct answer ✔✔Manny and Hengee got married last 1976 but did not have a marriage settlement prior to their marriage. Their property relations will be It was bought with exclusive money of the wife - correct answer ✔✔The marital consent of the husband is not required in the sale of the following property of a couple who got married in 1986 when 25 years - correct answer ✔✔Under the Foreign Investor Lease Act, a foreigner may lease land in the Philippines for 50 years and may be renewed for 10 years (ordinary prescription) - correct answer ✔✔Mang Pepito occupied a parcel of agricultural land way back in 1952 under adverse and continuous possession. He may acquire title to the land if he was in good faith and if he has been in possession for at least

Judicial order - correct answer ✔✔Mr. And Mrs. Federico got married without marriage settlement. Still, their property relations may be change during marriage by Lease contract - correct answer ✔✔It refers to the temporary or limited turnover of the use and possession of one's property to another at an agreed price Reclamation - correct answer ✔✔The mode of acquiring title such as Mall of Asia and which requires government approval for the filling of submerged land is referred to as A municipality with a population density of 1000 persons per square kilometer (PD 1517: 1000 pax/sq. km. RA 7279: 500 pax/sq. km.) - correct answer ✔✔Under BP 185, for land to be classified as an urban area, it means Affidavit under BP 185 (1982) (BP 185: Former Filipinos can own residential land) - correct answer ✔✔Francis migrated to America in

1980. Born of Filipino parents, he wants to retire in the Philippines and wants to buy a house and lot in Batangas City. As such, he must execute this document Taking oath of allegiance to the Philippines - correct answer ✔✔Natural-born citizen of the Philippines who had become a citizen of a foreign country shall retain their Philippines citizenship, under the Dual Citizenship Law, upon 30 years (prescription, a.k.a. adverse possession, a.k.a. extraordinary prescription) - correct answer ✔✔For prescription as a mode of acquiring title, it requires that possession must be adverse, continuous, actual, and if in bad faith, for a period of

Judicial separation of property (for married couple) - correct answer ✔✔In the absence of an express declaration in the marriage settlements, the separation of property between spouses once married shall not take place except by Paraphernal property (default for wife's inheritance before Family Code) - correct answer ✔✔Donna inherited a piece of land in 1986 but she got married in 1987 without any prenuptial agreement. The said property is considered as Jus sanguinis - correct answer ✔✔The Philippines applies the principle of citizenship based on the citizenship of the parents and is also referred to as the principle of Patrimonial property (government land) - correct answer ✔✔A vacant lot in Cebu that was escheated to the government because the deceased left no will and no heir will be classified as Dual citizen - correct answer ✔✔The person may own land in the Philippines for purpose of either residence or business purpose, provided the person is Special resident retiree's visa - correct answer ✔✔Under the Philippine Retirement Authority, a foreigner may reside in the Philippines and will be given a visa referred to as Patrimonial property - correct answer ✔✔If a parcel of land owned by the city is no longer intended for public use, it referred to as 0% (because a 100% foreign-owned company can buy a condominium) - correct answer ✔✔The minimum amount of Filipino ownership of a real estate corporation which intends to buy a condominium unit shall be 750 sq. m.

(Highly urbanized cities: 200 sq. m. Other cities: 500 sq. m. 1st- & 2nd-class municipalities: 750 sq. m. Other municipalities: 1000 sq. m.) - correct answer ✔✔Any Filipino citizen may apply for a free patent title under RA 10023 and in case of first and second class municipalities, the same should not exceed Legitimate - correct answer ✔✔A child born of wedlock from minor parents, but who eventually got married, will now be classified as Valid - correct answer ✔✔A sale of parcel of land, bought by a foreigner who was not allowed to own land, sold eventually to a Filipino citizen is considered Be born of at least one Filipino parent - correct answer ✔✔For a Filipino, now 33 years old (as of 2012 - born on 1979) and who is now a citizen of Australia, to be able to acquire land under BP 185, the person should Legitime (portion of a parent's estate of which he cannot disinherit his children, without a legal cause) - correct answer ✔✔Property reserved for compulsory heirs of the decedent is referred to as Foreign Investment Act of 1991 - correct answer ✔✔A former natural born Filipino may acquire land in a rural area not exceeding 3 hectares for business purpose under Absolute community of property (default regime if w/o marriage settlement) (ACP - husband and wife are co-owners of all properties brought into marriage and acquired during marriage, except donation/succession) - correct answer ✔✔A couple married in August 3, 1998 entered into a marriage settlement but was declared void by the court. Their property relations shall be Sale by city treasurer due to delinquent real estate taxes - correct answer ✔✔This is not considered a public grant

(a. Free patent issued by the government b. Sales patent c. Sale by city treasurer due to delinquent real estate taxes d. Homestead grant) The father executed an affidavit of acknowledgement - correct answer ✔✔An illegitimate minor child may use the surname of the father who is married to another, provided Involuntary grant - correct answer ✔✔Land acquired through public auction due to nonpayment of delinquent real estate taxes is a grant referred to as Intestate succession - correct answer ✔✔When a person inherits real estate from the deceased who dies with a will but which was declared void, would be an inheritance through She has a judicial separation of property - correct answer ✔✔A Filipina who married last August 3, 1988 may sell her property to her husband provided Immovable property - correct answer ✔✔The general classification of property under the Civil Code is that one is classified as movable property and the other is 1987 Philippine Constitution - correct answer ✔✔A foreigner who was given a Filipino citizenship through a law under a republic act approved by congress may own land under Co-ownership (for non-married couple living in together) - correct answer ✔✔In case two people, both single, lived in together as husband and wife last 2012 up to now, their property relations shall be governed by Public use - correct answer ✔✔A proceeding which the government undertakes in the exercise of its power to take private property must be with payment of just compensation and for the purpose of Community property

(property owned by the spouses at the time of marriage or acquired thereafter) - correct answer ✔✔A woman inherited property before marriage and married in 1989 without a marriage settlement. Her said properties will be classified as Upon the death of the father - correct answer ✔✔The children inherited property from their father who just died. The right over the property shall be deemed transmitted to their heirs A legal heir - correct answer ✔✔A foreigner may inherit and own real property located in the Philippines, provided that the foreigner must be Sale of condo unit to a foreigner (has consent) - correct answer ✔✔Not considered as an involuntary grant (a. Sale through foreclosure sale b. Sale through execution sale c. Sale of condo unit to a foreigner d. Sale through auction sale due to unpaid real estate taxes) Before marriage - correct answer ✔✔A couple got married in 1986 with a marriage settlement that their property relations will be under separation of property. The marriage settlement to be valid must be executed Make a renunciation of his foreign citizenship - correct answer ✔✔It is not required for purpose of becoming a dual citizen under RA 9225 (a. Execute an oath of allegiance b. Petition through the consular office abroad c. Make a renunciation of his foreign citizenship d. Be a former natural born citizen of the Philippines) Right of way easement - correct answer ✔✔Which one of the following is considered as a voluntary limitation on one's ownership to land

500 hectares - correct answer ✔✔Mario wanted to lease alienable land of the government. In this case, Constitution allows that he may lease up to Avulsion - correct answer ✔✔The process by which the current of the river segregates from one estate on its bank a known portion of land and transfers it to another estate Right to receive rent - correct answer ✔✔The right of the owner of a parcel of land to receive civil fruits means Must be titled land - correct answer ✔✔It is not an essential requisite for the exercise of eminent domain by the government (a. For public use b. Must be titled land c. Payment of just compensation d. Due process of law)