Question 13, 2017 Civil Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

XIII.

(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.

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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