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110+ Review 1 Solved MCQs

in Philippines Civil Law Society

These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Uncategorized topics .

Chapters

Chapter: Review 1
101.

Which of the following is not included in the attributes of juridical capacity?

A. Juridical Personality is inherent in every natural person, and therefore it is not acquired.
B. Juridical capacity is lost only through death
C. Juridical capacity can be limited or restricted
D. Juridical capacity cannot exist without capacity to act
Answer» D. Juridical capacity cannot exist without capacity to act
102.

The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage, except?

A. Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude
B. Concealment of drug addiction of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage
C. Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage
D. Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage
Answer» D. Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage
103.

Which of the following is not a requisite for a valid donation propter nuptias?

A. The donation must be made before the celebration of the marriage
B. The donation shall be automatically revoked in case of non-celebration of the marriage
C. The donation must be made in consideration of the marriage
D. The donation must be made in favour of one or both of the future spouses
Answer» B. The donation shall be automatically revoked in case of non-celebration of the marriage
104.

Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Bruce was engaged to Margarita. In view of the pronouncement of Bruce’s doctor, the two got married without a marriage license. Six (6) months thereafter, Bruce died. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. What is the status of the marriage between Bruce and Margarita.

A. Voidable
B. Valid
C. Valid but subjects the party responsible to civil, criminal and administrative liability
D. Unenforceable
Answer» B. Valid
105.

Which of the following does not characterized legal separation?

A. The marriage is not defective
B. The grounds arise only after the marriage
C. The spouses are still married to each other and cannot, therefore remarry
D. There are ten (10) grounds for legal separation
Answer» D. There are ten (10) grounds for legal separation
106.

The Civil Code of the Philippines took effect on:

A. August 30, 1951
B. June 30, 1950
C. August 30, 1950
D. June 30, 1949
Answer» C. August 30, 1950
107.

Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a birthday gift. Danny readily accepted the gift with profuse gratitude. One month later, they had a serious quarrel; hence, Charlie demanded the return of the watch from Danny. Danny refused to return the watch. What is the nature of this donation?

A. Valid, because there was intention to donate and delivery by the donor Charlie.
B. Valid, because there was acceptance and receipt of the donated personal property by the donee Danny.
C. Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and acceptance were not in writing.
D. Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance were not in a public instrument.
Answer» C. Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and acceptance were not in writing.
108.

In a residential subdivision in San Pedro, Laguna, Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day. How do you classify this nuisance?

A. Nuisance per se, because it is always a nuisance, regardless of its location and surroundings.
B. Nuisance per accidents, because it is only a nuisance based on its location and circumstances.
C. Nuisance per se, because it affects the entire subdivision
D. Nuisance per accidents, because it affects and annoys the entire residential subdivision.
Answer» B. Nuisance per accidents, because it is only a nuisance based on its location and circumstances.
109.

Amelia and Arsenio are married. Amelia went to the U.S. to work as a nurse in 2005. She left her two (2) children, Benjie and Cherry, 4 years old and 2 years old, respectively, with her parents, Danilo and Elenita. Later, because his parents-in-law, do not want to give his children to him, Arsenio, through trickery, was able to get his children from their maternal grandparents. Danilo and Elenita are claiming that they have a better right to have custody over Benjie and Cherry since they are financially capable of supporting the needs of the children. Can the grandparents claim back the children?

A. Yes, because the mother Amelia has transferred her parental authority over the children in favor of the grandparents.
B. Yes, because the grandparents are more financially capable of providing for the needs of the children.
C. No, because parental authority should be vested on the present parent, Arsenio.
D. No, because the children should be given back to their mother considering that being both less that 7 years of age, their mother must have custody over the children.
Answer» C. No, because parental authority should be vested on the present parent, Arsenio.
110.

Occupation is:

A. A derivative mode of acquiring ownership
B. An original mode of acquiring ownership
C. Not a mode of acquiring ownership
D. None of the above
Answer» C. Not a mode of acquiring ownership
111.

Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses during the day of the signing of her will, Clara fell down the stairs and broke both her arms. Coming from the hospitals, Clara insisted on signing her will by thumb mark and said that she can sign her full name later. While the will was being signed, Roberta, experienced a stomach ache and kept going to the restroom for long period of time. Hannah while waiting for her turn to sign the will, was reading the 7th Harry Potter book on the couch, beside the table on which everyone was signing Benjamin, aside from witnessing the will. Also offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give your reasons briefly.

A. Yes, because the testatrix signed the will in the presence of 4 credible witnesses and the credible witnesses signed the will in the presence of the testatrix and of one another.
B. Yes, because the testatrix signed the will in the presence of 3 credible witnesses and the 3 credible witnesses signed the will in the presence of the testatrix and of one another.
C. No, because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another.
D. No, because the testatrix was not
Answer» C. No, because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another.
112.

In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad was mending his broken hearth, he met Angie and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting to Angie. Brad died 1995. Saddened by Brad’s death, Jennifer asked for the Picasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not?

A. Yes, because the painting was owned by Brad
B. Yes, because the painting was given as legacy to her by Brad.
C. No. because the real owner of the painting was Jennifer.
D. Yes, because the painting was given to Brad as a gift by Jennifer.
Answer» C. No. because the real owner of the painting was Jennifer.
113.

The following constitute fraud which is a ground for annulment of marriage

A. concealment of pregnancy of the wife by a man other than the husband
B. concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage
C. concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable
D. letters a and b
Answer» D. letters a and b

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