2014 BAR EXAM: CIVIL LAW (PROPERTY ONLY!!!) Suggeste A s"e#: No. The donation is not valid. Donation of immovable property must be made in public instrument in order to be considered as valid. Notarization is a mandatory requirement for all public instruments. In this case, the deed of donation has not been notarized prior to the death of Don Mariano and hence it is a public instrument and such donation is void. Suggeste A s"e#: A
Suggested Answer: No. The donation is not valid. Donation of
immovable property must be made in public instrument in order to be
considered as valid. Notarization is a mandatory requirement for
all public instruments. In this case, the deed of donation has not
been notarized prior to the death of Don Mariano and hence it is a
public instrument and such donation is void.
Suggested Answer: A
Suggested Answer: The act of Francisco and his men is unlawful.
The law provides for remedies to a person being deprived of the
possession and enjoyment of his property by another. In the case at
bar, if the written demand of Francisco against spouses Magtanggol
remains unheeded, a case for unlawful detainer should have been
resorted to by Francisco in order to restore unto him the physical
possession of the subject property instead of using force by the
aid of the group of armed men to wrest physical possession of the
said property. By taking the law into their own hands, Francisco
and his men committed an unlawful act.
Suggested Answer: B. In the case of avulsion, if the owner
abandons the soil involved, or fails to remove the same within two
years, the land to which it had been attached acquires ownership
thereof.
