Law Dictionary

Question XIII, Civil Law, 2017 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question XIII, Civil Law, 2017 Bar Exam

TRUE or FALSE – Explain your answers.

(a) All rights are considered as property. (2%)

(b) A lessee cannot bring a case for quieting of title respecting the property that he leases. (2%)

(c) Only the city or municipal mayor can file a civil action to abate a public nuisance. (2%)

(d) Possession of a movable property is lost when the location of the said movable is unknown to the owner. (2%)

(e) Continuous non-apparent easements can be acquired either through title or by prescription. (2%)

Suggested Answer:

(a) FALSE. Under the law, there are personal rights which is the power of one person to demand of another.

(b) TRUE. Under the Civil Code, lessee or a bailee is estopped from asserting title to the thing leased as against the lessor.

(c) FALSE. Under the Civil Code, a private person may file an action on account of a public nuisance, if it is specially injurious to himself.

(d) FALSE. Under the Civil Code, the possession of movables is not deemed lost so long as they remain under the control of the possessor, even though for the time being he may not know their whereabouts.

(e) FALSE. Under the Civil Code, continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. Prescription is excluded.

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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