(9a) Modes of Acquiring Ownership

STOPID LAW

Which mode of acquiring ownership involves ownership transmitted because of death?
A. Tradition
B. Succession
C. Occupation
D. Prescription

B. Succession

Succession can occur through:
A. Sale or barter
B. Tradition
C. Testate succession or intestate succession
D. Occupation

C. Testate succession or intestate succession

Ownership transmitted by will is called:
A. Testate succession
B. Intestate succession
C. Tradition
D. Prescription

A. Testate succession

Ownership transmitted by operation of law when there is no will is called:
A. Intestate succession
B. Testate succession
C. Tradition
D. Donation

A. Intestate succession

Which of the following examples demonstrates testate succession?
A. A rancher states in his will: “I leave all my horses to my eldest daughter.”
B. A breeder sells a puppy and delivers it to the buyer
C. A stray horse is kept for 8 years
D. A cow gives birth and the owner automatically owns the calf

A. A rancher states in his will: “I leave all my horses to my eldest daughter.”

Which of the following is an example of intestate succession?
A. Capturing a Philippine Eagle
B. A veterinarian dies without a will, leaving several dogs and rescued cats. His legal heirs inherit them
C. A breeder delivers a dog
D. Selling a purebred puppy

B. A veterinarian dies without a will, leaving several dogs and rescued cats. His legal heirs inherit them

Ownership of 15,000 chickens of a deceased poultry farm owner passes to heirs. This is:
A. Succession
B. Tradition
C. Occupation
D. Prescription

A. Succession

Animals may be specifically bequeathed in a will or pass generally with the estate. This refers to:
A. Tradition
B. Succession
C. Occupation
D. Prescription

B. Succession

Which mode of acquiring ownership requires delivery in accordance with a valid contract?
A. Tradition
B. Succession
C. Occupation
D. Prescription

A. Tradition (DELIVERY)

Which of the following does not transfer ownership by itself?
A. Contract
B. Payment alone
C. Delivery
D. Will

B. Payment alone

Which type of delivery involves physically handing over the animal?
A. Constructive delivery
B. Prescription
C. Physical delivery
D. Law

C. Physical/Actual delivery

Which type of delivery involves documents, keys, transfer of control, or symbolic acts?
A. Actual delivery
B. Constructive delivery
C. Succession
D. Donation

B. Constructive delivery

A breeder sells a purebred puppy; the buyer has paid but has not received the puppy. Who owns it?
A. Seller owns until delivery
B. Buyer owns immediately
C. Ownership arises by law
D. Ownership arises by prescription

A. Seller owns until delivery

A farmer acquires 20 goats when the seller physically turns them over. This is an example of:
A. Physical delivery
B. Constructive delivery
C. Succession
D. Donation

A. Physical/Actual delivery

A ranch sells a stallion via a notarized deed. Ownership is transferred:
A. By constructive delivery
B. By actual delivery only
C. By succession
D. By prescription

A. By constructive delivery (via documents)

Occupation applies to acquiring ownership of:
A. Animals inherited by heirs
B. Intellectual creations
C. Things that have no owner, including animals; res nullius
D. Animals delivered under contract

C. Things that have no owner, including animals; res nullius (ownerless)

Occupation applies to:
A. Animals acquired through succession
B. Truly stray or abandoned domestic animals and wild animals
C. Registered purebred animals only
D. Animals acquired by donation

B. Truly stray or abandoned domestic animals and wild animals (w/ major limitations)

A stray animal can be acquired by occupation only when:
A. It is lost but owner is identifiable
B. There is no identification, the owner cannot be located, no one claims it, and circumstances show abandonment
C. It is captured illegally
D. It is a protected wild animal

B. There is no identification, the owner cannot be located, no one claims it, and circumstances show abandonment (TRULY OWNERLESS / ABANDONED)

Which of the following is not considered ownerless?
A. Lost pet
B. Puppy abandoned in a garbage bag
C. Animals left tied in a dump site
D. Feral cats in abandoned warehouse

A. Lost pet

Under RA 9147, most wild animals—especially threatened, vulnerable, endangered, or critically endangered—
A. Cannot be privately owned
B. May be owned if captured gently
C. May be owned with barangay approval
D. Can be registered as pets

A. Cannot be privately owned

The rule “ownership is prohibited, not merely restricted” means:
A. Occupation does not transfer ownership over protected wildlife
B. Ownership is allowed after paying a fee
C. Ownership depends on municipality rules
D. Ownership may be gained after one year

A. Occupation does not transfer ownership over protected wildlife

Possession of protected wildlife under RA 9147:
A. May constitute a criminal offense
B. Is allowed for personal hobby
C. Is allowed if the animal is fed properly
D. Is allowed as long as no harm is done

A. May constitute a criminal offense

A person who encounters an injured protected animal such as a Philippine Eagle must:
A. Turn it over to DENR or a wildlife rescue center
B. Keep it at home until it recovers
C. Sell it to a zoo
D. Release it immediately without reporting

A. Turn it over to DENR or a wildlife rescue center

Which of the following is an example of wildlife that cannot be owned?
A. Tarsier
B. Cane toad
C. Non-protected rodents
D. Tuna

A. Tarsier

Even if captured peacefully, the following animal cannot be privately owned:
A. Pawikan
B. Mackerel
C. Tuna
D. Cane toad

A. Pawikan (sea turtle)

Occupation is allowed for wildlife only if:
A. The species is not threatened and capture is allowed by law
B. The species is threatened
C. The animal is rare
D. The finder wants to rescue it

A. The species is not threatened and capture is allowed by law

Occupation of wildlife is lawful when:
A. Permits required by law are secured
B. The animal is endangered
C. The animal is listed under threatened categories
D. The captor intends to breed it

A. Permits required by law are secured

Fishing for tuna or mackerel in open seas is considered:
A. Valid occupation
B. Illegal possession
C. Capture of threatened species
D. Possession of protected wildlife

A. Valid occupation

Capturing an invasive species such as a cane toad is:
A. Allowed
B. Illegal
C. Only allowed with CITES permit
D. Considered trafficking

A. Allowed

Trapping non-protected rodents that damage crops is:
A. Allowed
B. Prohibited
C. Regulated by CITES
D. Considered ownership of a threatened species

A. Allowed

Ownership is acquired by long-term possession of an animal that appears to belong to no one else, provided the possession is:
A. Temporary, peaceful, public, and in concept of owner
B. Continuous, private, public, and in concept of owner
C. Continuous, peaceful, secret, and in concept of owner
D. Continuous, peaceful, public, and in concept of owner

D. Continuous, peaceful, public, and in concept of owner

Types of prescription for movables (animals) include:
A. Extraordinary prescription only
B. Short-term and long-term prescription
C. Ordinary prescription and extraordinary prescription
D. Ordinary prescription only

C. Ordinary prescription and extraordinary prescription

Ordinary prescription requires:
A. 1 year with good faith
B. 4 years, with good faith and just title
C. 8 years, even without good faith
D. 4 years without good faith

B. 4 years, with good faith and just title

Extraordinary prescription requires:
A. 10 years, without good faith
B. 8 years, even without good faith
C. 4 years, with good faith
D. 8 years, with just title

B. 8 years, even without good faith

Animals can be acquired by prescription if:
A. The possessor keeps the animal secret for 8 years
B. The possessor truly believes he is the owner (good faith), OR the possessor openly keeps the animal for 8 years without interruption
C. The possessor acquires the animal by delivery
D. The possessor registers the animal with authorities

B. The possessor truly believes he is the owner (good faith), OR the possessor openly keeps the animal for 8 years without interruption

Example of ordinary prescription:
A. A breeder donates a dog to a relative
B. A family keeps a stray horse for 8 continuous years
C. A rancher sells a stallion via deed of sale
D. A farmer buys a carabao from someone who was not the real owner but acts in good faith. After 4 years, he may acquire ownership.

D. A farmer buys a carabao from someone who was not the real owner but acts in good faith. After 4 years, he may acquire ownership.

Example of extraordinary prescription:
A. A family keeps a stray horse for 8 continuous years, feeding and using it openly → ownership acquired by extraordinary prescription.
B. A breeder delivers a puppy after sale
C. A farmer buys a carabao in good faith
D. A rancher sells a stallion via deed of sale

A. A family keeps a stray horse for 8 continuous years, feeding and using it openly → ownership acquired by extraordinary prescription.

Prescription may not be invoked if:
A. The possessor keeps the animal continuously for 8 years
B. The animal is registered, microchipped, branded, or identifiable
C. The possessor believes he is the owner in good faith
D. The animal is ownerless

B. The animal is registered, microchipped, branded, or identifiable

Ownership over intellectual creations (books, inventions, artistic works) belongs to:
A. The buyer
B. Anyone who uses it
C. DENR
D. The creator

D. The creator

Does intellectual creation apply to ownership of animals themselves?
A. Only domestic animals are included
B. No, because animals are not “intellectual creations”
C. Only endangered species are included
D. Yes, all animals are intellectual creations

B. No, because animals are not “intellectual creations”

Which of the following is an example of an animal-related intellectual output?
A. Registered breed standards
B. Actual dogs and cats
C. Ownerless livestock
D. Feral animals

A. Registered breed standards

Which of the following is an example of an animal-related intellectual output?
A. Proprietary genetic lines
B. Poultry farm animals
C. Abandoned pets
D. Wild Philippine Eagle

A. Proprietary genetic lines

Which of the following is an example of an animal-related intellectual output?
A. Veterinary manuals, research, and textbooks
B. Pets found in the street
C. Livestock acquired by occupation
D. Wild animals under RA 9147

A. Veterinary manuals, research, and textbooks

Which of the following is an example of an animal-related intellectual output?
A. Donated pets
B. Captured wild birds
C. Stray horses
D. Trademarks for animal breeding programs

D. Trademarks for animal breeding programs

Which of the following is an example of an animal-related intellectual output?
A. Pedigree registry systems
B. Confiscated wildlife
C. Newly captured tarsiers
D. Rescued cats and dogs

A. Pedigree registry systems

Ownership of actual animals is governed by:
A. Breed standards
B. Intellectual property rights
C. Tradition or law
D. Trademarks

C. Tradition or law, not intellectual creation

In the example given, a breeder creates a new genetic line of show dogs. What does he own?
A. Ownership of stray horses
B. Captured wild animals
C. Ownership of each puppy automatically
D. IP rights

D. IP rights

How is ownership of each puppy transferred in the example of intellectual creation?
A. By writing a will
B. Only by delivery
C. By capture
D. Automatically with registration

B. Only by delivery

Does creating a new genetic line of dogs give ownership of the animals themselves?
A. No, ownership of animals is separate from IP rights
B. Yes, automatically
C. Only if registered with DENR
D. Only if CITES permits are obtained

A. No, ownership of animals is separate from IP rights

Ownership is transferred gratuitously from donor to donee, requiring:
A. Delivery only
B. Capacity to donate, acceptance by the donee, and delivery
C. Acceptance only
D. Registration with DENR

B. Capacity to donate, acceptance by the donee, and delivery

Animals may be donated:
A. Only if registered
B. Only during life
C. Inter vivos or mortis causa
D. Only after death

C. Inter vivos (during life) or mortis causa (upon death)

Which of the following is a valid example of donation?
A. Capturing a stray horse for occupation
B. A breeder donates a German Shepherd to the police K9 unit
C. A rancher delivers a stallion after payment
D. A farmer sells goats to a neighbor

B. A breeder donates a German Shepherd to the police K9 unit

Which of the following is a valid example of donation?
A. Catching invasive cane toads
B. Buying a carabao from someone acting in good faith
C. Keeping a stray horse for 8 years
D. An elderly owner donates her pet cat to a relative before entering a nursing home

D. An elderly owner donates her pet cat to a relative before entering a nursing home

Which of the following is a valid example of donation?
A. A ranch owner donates two mares to an agricultural school
B. Catching tuna in open sea
C. Selling a purebred puppy
D. Buying a pet from a breeder

A. A ranch owner donates two mares to an agricultural school

Ownership is acquired because:
A. Delivery occurs
B. Animals are registered
C. Payment is made
D. The law directly provides for it, without need for contract or delivery

D. The law directly provides for it, without need for contract or delivery

Most relevant application of law in acquiring ownership of animals is:
A. Donation
B. Accession (Art. 441)
C. Prescription
D. Tradition

B. Accession (Art. 441)

Under accession, the offspring of animals belong to:
A. The buyer of the father
B. Anyone who captures the offspring
C. DENR
D. The owner of the mother

D. The owner of the mother

A cow gives birth to a calf. Who owns the calf?
A. DENR owns the calf by law
B. The buyer of the cow owns the calf only if he knew it was pregnant
C. The owner of the cow automatically owns the calf
D. Ownership is shared between buyer and seller

C. The owner of the cow automatically owns the calf

Someone buys a cow, unaware it is pregnant. Who owns the unborn calf?
A. The buyer automatically owns it because ownership passes with the cow
B. The seller keeps ownership of the unborn calf
C. Ownership is pending until birth
D. DENR decides ownership

A. The buyer automatically owns it because ownership passes with the cow

A pet dog produces puppies. Who owns the puppies?
A. The owner of the dog becomes the owner of the puppies by law
B. Ownership is shared with the buyer of the dog
C. The breeder automatically owns them
D. The puppies belong to the local pound

A. The owner of the dog becomes the owner of the puppies by law

A hen lays eggs. Who owns the eggs?
A. The eggs belong to anyone who collects them
B. DENR owns all eggs from hens
C. The farmer becomes the owner of the eggs as fruits of the animal
D. Ownership passes only after sale

C. The farmer becomes the owner of the eggs as fruits of the animal

Which of the following is an example of ownership by law other than offspring?
A. Fruits or profits of animals, such as milk or wool, belong to the owner
B. Captured stray animals automatically belong to the finder
C. Registered pets belong to the kennel club
D. Wild animals are owned by anyone who finds them

A. Fruits or profits of animals, such as milk or wool, belong to the owner

Animals found after theft must be:
A. Returned by virtue of law
B. Sold to the highest bidder
C. Donated to zoos
D. Captured for occupation

A. Returned by virtue of law