QUIZ IN CIVIL LAW REVIEW

1. Within what time should an action for reconveyance of registered land based on an implied trust be filed? Why? (p. 545)

2. Give the concept of implied and constructive trusts. How do they arise?

3. Give an example of resulting trust? (535)

4. There was an action for reconveyance of a real property allegedly sold but without consideration. IT WAS contended that the action has prescribed since 16 years have already elapsed. Is the contention correct? Why? Will the action be barred by laches? Explain. (p. 521)

5. A bought a building together with the land upon which it is built from B. One of the conditions is that upon the payment of ½ of its value, B would assign his rights over the lease to which B did not comply. A demanded he refund of this money and since B refused, he filed a suit for collection of a sum of money. B filed a motion to dismiss on the ground that the contract if unenforceable since it is only an oral one. Is the contention correct? Why?(p. 515)

6. X mortgaged his land and building to GSIS as security of the payment of his obligation. Since he failed to pay his obligation, GSIS foreclosed the mortgage.  Centertown Tower  Inc. was the highest bidder. Since the GSIS was not authorized to engage in the real estate business, it organized a corporation known as Towers Inc. The Tenants Association sued the GSIS, Centertown and Towers for the annulment of the title on the ground that it is void because it is ulta vires. Will the action prosper? Why? (p. 509)

7. A is the owner of a house which is being verbally leased to B for five years. A orally promised B that the lease would be renewed only to refuse it later. Can B go to court and enforce his right that the contract be renewed after the expiration of the contract? Why?

(p. 514)

8. The widow, in her own behalf, and that of her children, as natural guardian, sold properties belonging to her husband. After a sister of the husband obtained guardianship over the persons and properties of the minors, an action to annul the sale together with a prayer that they be allowed to redeem the properties of the minor was filed. The trial court rendered judgment in favor of the plaintiffs. On appeal, if you were the ponente, how would you decide? Explain.

9. May a trustee acquire title over a property held in trust? State the general rule. In order that he may acquire title by acquisitive prescription, what requisites must be present? ( 542)

10. Give examples of constructive trusts. (537)

End of the quiz