2012 BAR Questions &Answers: Civil Law (Property)

1. Separation of property between spouses during the marriage may take place only? Answer: Upon order of the court. 2. A plenary action for the recovery of the possession of real estate, upon mere allegation and proof of a better right thereto, and without allegation of proof of title. This action can only be brought after the expiration of one (1) year. What action is being referred to? Answer: Accion publiciana 3. Action to recover real property based on ownership. Here, the object is the recovery of the dominion over the property as owner. What action is being referred to? Answer: Accion reinvindicatoria 4. A summary action to recover physical or material possession only and must be brought within one (1) year from the time the cause of action arises. What action is being referred to? Answer: Accion publiciana 5. The following things are property of public dominion, except: Answer: vehicles and weapons of the Armed Forces of the Philippines 6. Which of the following statements is wrong? Answer: The property of provinces, cities and municipalities is divided into property for public use and patrimonial property.