600+ Philippines Civil Law Society Solved MCQs

Chapters

Chapter: Review 1
1.

A executed a will consisting of ten pages. At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition.

A. The testator and the instrumental witnesses must sign.
B. The defect is fatal if there is failure to have the original signatures.
C. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitt
Answer» C. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitt
2.

A, a minor, executed a last will and testament. He died at the age of 21, after which his will was submitted to probate. If you were the judge, would you approve it?

A. Yes, because the will is valid.
B. Yes, because the testator is capacitated.
C. No, because the will is vo
Answer» C. No, because the will is vo
3.

The attestation clause of X’s will do not contain his signature. At its probate, it is being opposed on that basis. Is the opposition correct? Choose the best answer.

A. Yes, because it is fatal defect.
B. Yes, the will is not valid.
C. No, attestation clause is not an act of the testator.
D. No, attestation clause is not a part of a will.
Answer» C. No, attestation clause is not an act of the testator.
4.

After A has executed a will, he tore it out of anger because B and C were disputing the fact that a house and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.

A. The mere act of A is immaterial
B. The tearing of the will may amount to revocation
C. The tearing of the will may amount to revocation if coupled with intent of revoking it.
D. The act of tearing the will is material.
Answer» C. The tearing of the will may amount to revocation if coupled with intent of revoking it.
5.

What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best answer.

A. No, transmission of right from the first heir to the second.
B. No right of representation
C. The right shall be transmitted to the heirs of the second heir.
D. None of the above.
Answer» C. The right shall be transmitted to the heirs of the second heir.
6.

Suppose the reservista is survived by the uncles and aunts and by the nephews and nieces of the propositus, who shall be entitled to the property reserved? Choose the best answer.

A. The uncles and aunts shall inherit the property
B. The nephews and nieces of the decedent survive and are willing and qualified.
C. The uncles and nephews shall inherit together.
D. The aunts and nieces shall inherit together.
Answer» B. The nephews and nieces of the decedent survive and are willing and qualified.
7.

X and Y are married. The marriage was contracted under articulo mortis, and the testator died within 3 months from the time of marriage. What is X’s share of his spouse’s inheritance? Choose the best answer.

A. The surviving spouse shall inherit the whole hereditary estate.
B. The surviving spouse shall inherit ½ of the estate.
C. The surviving spouse shall inherit 1/3 of the estate.
D. The surviving spouse shall inherit ¾ of the estate.
Answer» C. The surviving spouse shall inherit 1/3 of the estate.
8.

X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his inheritance from his father. Upon X’s death, will the right of accretion apply?

A. Yes, A may renounced his inheritance from his father.
B. Yes, the right of accretion applies.
C. No, because the renunciation is vo
Answer» B. Yes, the right of accretion applies.
9.

A repudiated his inheritance from his father. Can he be represented by his son, B?

A. Yes, repudiation do not affect right of representation.
B. No, because heirs who repudiate their share may not be represented.
C. Yes, because the act of repudiation is contrary to public policy.
D. None of the above.
Answer» B. No, because heirs who repudiate their share may not be represented.
10.

If a compulsory heir is disinherited, is it limited to his legitime?

A. No, it also covers the free portion.
B. Yes, it is limited only to his legitime.
C. Disinheritance affect only the free portion but not the legitime
D. None of the above.
Answer» A. No, it also covers the free portion.
11.

Rights to succession are transmitted:

A. On date of last will and testament
B. On probate of will
C. On death of testator
D. On date of death of surviving heir
Answer» C. On death of testator
12.

What law shall determine the validity of a will?

A. The national law of testator
B. The law at the time it is made
C. The law at the time of probate of the will
D. The law at the time of death of the testator
Answer» B. The law at the time it is made
13.

A holographic has no date except one found on the first page, is the will valid?

A. Yes, because the law does not specify the place where the date should be placed.
B. No, because the date should be after the signature of the testator.
C. No, because it did not follow the requirements of law.
D. Yes, because the intention of the testator must be respected.
Answer» A. Yes, because the law does not specify the place where the date should be placed.
14.

In case a holographic will is lost, can it still be probated?

A. No, because the best and only evidence of the handwriting is the will itself.
B. No, the probate court has no jurisdiction.
C. No, because the testator is still living.
D. Yes, because secondary evidence may be presented.
Answer» A. No, because the best and only evidence of the handwriting is the will itself.
15.

Disposition captatoria means that the heir shall make provisions in his will:

A. In favor of another heir
B. In favor of testator or any other person
C. In favor of the state
D. In favor of a legatee
Answer» B. In favor of testator or any other person
16.

Preterition or omission of one, some, or all the compulsory heirs, or some of compulsory heirs in the direct line whether living at the time of the execution of the will or born after the death of the testator shall:

A. Make the will voidable
B. Make the will void
C. Annul the institution of heirs
D. Make the will unenforceable
Answer» C. Annul the institution of heirs
17.

After the probate of a will, may a case for forgery be filed against an instituted heir?

A. No, because the probate of the will is an evidence of its due execution and authenticity.
B. No, because the probate of the will is a justifying circumstance.
C. Yes, because a forgery is a criminal action.
D. Yes, because this is a statutory right.
Answer» A. No, because the probate of the will is an evidence of its due execution and authenticity.
18.

When an injury or damage is caused to another, there being fault or negligence and there is no pre-existing contractual relation between the parties, the source of the obligation is:

A. Law
B. Contracts
C. Quasi-contracts
D. Quasi-delicts
Answer» D. Quasi-delicts
19.

The bailee has the right to be reimbursed in full for advances he made for extraordinary expenses of preservation of the subject matter in commodatum.

A. he gave notice to the bailor before he incurred the expense.
B. if the extraordinary expense arose out of the actual use of the thing.
C. if the bailee was negligent in the use of the thing borrow
Answer» A. he gave notice to the bailor before he incurred the expense.
20.

What are the objectives of Probate proceedings?

A. Probate proceedings seek to establish the identity of the will, its genuineness and due execution, and the testamentary capacity of the testator.
B. Probate seeks to determine whether the will is formally valid.
C. Probate seeks to determine whether the will is intrinsically val
Answer» B. Probate seeks to determine whether the will is formally valid.
21.

The borrower in a contract of loan or mutuum must pay interest to the lender.

A. if there is an agreement in writing to that effect.
B. as a matter of course.
C. if the amount borrowed is very large.
D. if the lender so demands at the maturity date.
Answer» A. if there is an agreement in writing to that effect.
22.

This party in a reserva troncal is the descendant (brother or sister) whose death gives rise to the reserve and from whom therefore the third degree is counted is known as:

A. Origin
B. Propositus
C. Reservista
D. Reservatorios
Answer» B. Propositus
23.

A has a son B and the latter adopted C. B predeceased his father. Can C represent B in the inheritance of A?

A. Yes, he is a compulsory heir.
B. Yes, he is the legal representative.
C. No, there is no blood relationship between A and C.
D. No, he is a voluntary heir.
Answer» C. No, there is no blood relationship between A and C.
24.

X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After X’s death and the probate of his will, are the conveyed properties subject to collation for determination of the heirs’ legitime?

A. No, because X is no longer the owner of the conveyed properties.
B. No, because there was no gratuitous conveyance.
C. Yes, because the heirs are already the owners of the conveyed properties.
D. Yes, they are considered advanced legitime.
Answer» B. No, because there was no gratuitous conveyance.
25.

Can a criminal convicted of a crime which carries civil interdiction execute his will?

A. Yes, it is his statutory right.
B. No, it is an accessory penalty.
C. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
D. No, it is inconsistent with public policy.
Answer» C. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
26.

Spouses M and N executed two (2) separate wills containing the same provisions. After their death, their compulsory heirs filed a petition for joint probate of their wills. One of the voluntary heirs objected because joint probate is invalid. Is the objection tenable?

A. Yes, joint wills are not allowed in the Civil Code.
B. Yes, because the wills have different voluntary heirs.
C. No, because M and N are spouses.
D. No, because practicable considerations dictate the joint probate of the wills.
Answer» D. No, because practicable considerations dictate the joint probate of the wills.
27.

X was disinherited by his father Y. In the probate of Y’s will, can the children of X represent their disinherited father?

A. No, the disinheritance affects the heirs of the disinherited person.
B. Yes, representation is allowed in case of disinheritance.
C. Yes, substitution of the disinherited person is allow
Answer» B. Yes, representation is allowed in case of disinheritance.
28.

State the share in the estate of the testator of illegitimate children who survive with the surviving spouse.

A. 1/3
B. ¼
C. 1/8
D. ½
Answer» A. 1/3
29.

A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. Will this action prosper?

A. No, the probate of the will is an evidence of the due execution of the will.
B. No, the probate is a justifying circumstance.
C. Yes, forgery is a criminal action.
D. Yes, this is a statutory right.
Answer» A. No, the probate of the will is an evidence of the due execution of the will.
30.

In reserve troncal the relatives within third degree coming from the same line inherit from:

A. Descendant propositus
B. Reservista
C. Origin
D. Testator
Answer» A. Descendant propositus
31.

The renunciation or repudiation of inheritance shall take effect:

A. Date of repudiation or renunciation
B. Date of will
C. Date of allowance of will
D. Date of death of testator
Answer» D. Date of death of testator
32.

Disposition Captatoria is void because the heir makes a disposition in his will in favor of:

A. another heir
B. testator
C. the State
D. a legatee or devisee
Answer» B. testator
33.

May the alluvial deposits be lost by prescription in favor of another? Choose the best answer.

A. No, because there is registration by fiction of law.
B. No, because it is covered by a Torrens title.
C. Yes, because it is not covered by a Torrens title.
D. Yes
Answer» A. No, because there is registration by fiction of law.
34.

The northeastern portion of the land of X is bounded by the Manila bay. If there is accretion formed, who owns the accretion? Choose the best answer.

A. The riparian owner.
B. The accretion belongs to the state.
C. The owner of the contiguous la
Answer» B. The accretion belongs to the state.
35.

Which of the following is not a characteristic of a co-ownership?

A. There must be more than one subject or owner.
B. There is one physical whole divided into ideal shares.
C. Each share is definite in amount, but is not physically segregated from the first.
D. The co-ownership has juridical personality.
Answer» D. The co-ownership has juridical personality.
36.

The following are modes of extinguishing usufruct except,

A. Expiration of the period for which it was constituted.
B. Merger of the usufruct and ownership in the same person.
C. Total loss of the thing.
D. Bad use of the thing in usufruct.
Answer» D. Bad use of the thing in usufruct.
37.

X,Y, and Z are co-owners of a real property which was mortgaged to A. X redeemed it during the period of redemption with his personal funds. Did X become the sole owner of the property, thereby terminating the co-ownership?

A. Yes, because his redemption vest in him sole ownership.
B. Yes, because the funds belong to him alone.
C. No, because the redemption inured to the benefit of all co-owners.
D. No, because Y and Z did not consent to the redemption.
Answer» C. No, because the redemption inured to the benefit of all co-owners.
38.

The following are the classes of possession except.

A. Possession in one’s name or possession in the name of another.
B. Possession in the concept of an owner or possession in the concept of a holder.
C. Possession in good faith or bad faith.
D. Possession with just title.
Answer» C. Possession in good faith or bad faith.
39.

The following are the requisites of the easement of right of way, except.

A. The property is surrounded by other estate.
B. There must be no adequate outlet to a public highway.
C. There must be indemnity.
D. That if there is outlet, it is not convenient to the dominant estate.
Answer» D. That if there is outlet, it is not convenient to the dominant estate.
40.

The following are disqualified to donate to each other, except.

A. Those guilty of adultery or concubinage at the time of the donation.
B. Those found guilty of the same criminal offense in consideration thereof.
C. Those made to public officers or their spouses, descendants, or ascendants, by reason of their office.
D. Those obliged to support one another.
Answer» D. Those obliged to support one another.
41.

The following are the remedies against private nuisance, except.

A. A civil action
B. A prosecution under the penal code or any local ordinance.
C. Abatement without judicial proceedings.
D. None of the above.
Answer» B. A prosecution under the penal code or any local ordinance.
42.

The nature of action in Quieting of Title is in personam.

A. No, it is always a real action since the subject is real property.
B. No, because the decision is enforceable against the whole world.
C. Yes, provided the subject is personal property.
D. Yes, because the decision is enforceable only against the defeated party.
Answer» B. No, because the decision is enforceable against the whole world.
43.

Minerals are still owned by the state even if discovered from a private land.

A. Yes, provided the land is not titled.
B. Yes, because the constitution so provides.
C. No, if the land is titled to a private person.
D. No, it will violate property and property rights.
Answer» B. Yes, because the constitution so provides.
44.

The owner and the tenant are in both possession of the land subject of the lease contract.

A. No, only the tenant, because he is in actual possession of the land.
B. No, only the owner, because the other is just a mere tenant.
C. Yes, but of different concept.
D. No, either of them.
Answer» D. No, either of them.
45.

Negative easement may be acquired by prescription through notarial prohibition.

A. No, because it is non-apparent.
B. Yes, because notarial prohibition makes apparent what is non-apparent.
C. Yes, because it is provided for by law.
D. Yes, only after 10 years from service of notarial prohibition.
Answer» C. Yes, because it is provided for by law.
46.

In case of roots of a neighboring tree intruded to the state of another, the neighboring owner has the right to cut it off.

A. Yes, only after his demand for the cutting is ignored.
B. Yes, because he owns the roots that intruded at his property.
C. No, without permission from the owner of the tree.
D. Yes, only after 10 years of prescription.
Answer» B. Yes, because he owns the roots that intruded at his property.
47.

Which statement is correct?
1. Accession is the right of an owner of a property to everything which is produced thereby or which is incorporated or attached thereto either naturally or artificially.
2. Natural, industrial and civil fruits belong to the owner.

A. Both statements are correct.
B. Statement 1 is correct; statement 2 is incorrect.
C. Statement 1 is correct; statement 2 is correct.
D. none
Answer» A. Both statements are correct.
48.

It is a process whereby the current of a river, creek, or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. Such process is known as:

A. Alluvion
B. Avulsion
C. Adjunction
D. Commixtion
Answer» B. Avulsion
49.

Which provision of the Condominium Act (RA 4796) is correct?
1. A condominium corporation shall not, during its existence, sell, exchange, and lease or otherwise dispose of the common areas owned by or held by in the condominium project unless authorized by the affirmative vote of all the stockholders or members.
2. Whenever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for purposes of real property taxation and other tax purposes, to the owners thereof and tax on each such condominium shall constitute a lien solely thereon.

A. Provision 1 is correct, 2 is incorrect.
B. Both provisions are incorrect.
C. Both provisions are correct.
D. Provision 1 is incorrect, 2 is correct.
Answer» A. Provision 1 is correct, 2 is incorrect.
50.

In like manner, Bad Faith is not presumed. Why?

A. Yes, because bad faith is personal.
B. Yes, because bad faith could be inherited.
C. Yes, because ignorance of the law excuses no one.
D. Yes, because it should be proven in court.
Answer» D. Yes, because it should be proven in court.
51.

In land registration cases, the government is always represented by whom?

A. By the Office of the City Prosecutor.
B. By the Office of the Solicitor General.
C. By a private counsel hired for that matter.
D. By the Register of Deeds.
Answer» B. By the Office of the Solicitor General.
52.

Accession is not a mode of acquiring ownership?

A. Yes, because it was not one of the seven (7) modes of acquiring ownership.
B. No, it is considered as acquisition by law.
C. No, because it is neither alluvium nor avulsion.
D. Yes, in accordance with our customs.
Answer» B. No, it is considered as acquisition by law.
53.

A Torrens Title is not a protection in alluvium?

A. No, because a land covered by Torrens Title is not subject to prescription.
B. No, for economic reason.
C. Yes, because the soil added cannot be identifi
Answer» C. Yes, because the soil added cannot be identifi
54.

A possessor in bad faith of a land is entitled for reimbursement as a matter of right?

A. Yes, but only to useful expenses.
B. No to all kind of expenses, because he is in bad faith.
C. Yes, but only to luxury expenses.
D. Yes, but only to necessary expenses.
Answer» D. Yes, but only to necessary expenses.
55.

In land registration cases, the court may acquire jurisdiction only after:

A. Service of summons to the respondents/defendants.
B. After trial of the case.
C. Upon filing of the petition/complaint.
D. Upon publication.
Answer» D. Upon publication.
56.

In the contract of usufruct, the owner of the property is being called the naked owner. Why?

A. Because the owner lost possession of the property.
B. Only if the subject is real property.
C. Because of the agreement of the parties.
D. Because he was divested of his two (2) major rights.
Answer» D. Because he was divested of his two (2) major rights.
57.

In formation of an island, the owner of the nearest margin/distance is the owner of the new island?

A. Because of the principle that accessory follows the principal.
B. Because of the express provision of laws.
C. Only if the river is floatable or navigable.
D. Only if the river is non-floatable or non-navigable.
Answer» D. Only if the river is non-floatable or non-navigable.
58.

Easement is always a real right.

A. Yes, if the easement is for use of another real property.
B. No, if the easement is for use of person only.
C. Yes, because it is enforceable against the wor
Answer» C. Yes, because it is enforceable against the wor
59.

Registration of the Register of Deeds is a mode of acquiring ownership.

A. Yes as provided for by P.D. 1529.
B. Yes as provided for by the New Civil Code.
C. No, it is only for the protection of ownership rights.
D. Yes, because if you failed to register it, you may lost it by prescription.
Answer» C. No, it is only for the protection of ownership rights.
60.

May a local ordinance extinguish a legal easement?

A. Yes, because it is a recent law.
B. Yes, if the local ordinance expressly provided the same.
C. No, because a local ordinance should not be repugnant to law.
D. No, because the local ordinance is not valid for being contrary to law.
Answer» C. No, because a local ordinance should not be repugnant to law.
61.

A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right.

A. Yes, from the time he signed the Contract of Sale.
B. Yes, from the time he fully paid the purchase price.
C. Yes, from the time of the delivery of the condo unit.
D. Yes, provided it is stated at the Master Deeds.
Answer» B. Yes, from the time he fully paid the purchase price.
62.

The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into his own hands.

A. Yes, under special circumstance only.
B. No, because everybody should be law abiding citizen.
C. No, because ignorance of the law excuses no one.
D. No, because the rule allows no exemption.
Answer» A. Yes, under special circumstance only.
63.

The nature of action in Quieting of Title is in personam.

A. No, because the subject of the case is always a real property.
B. No, because the decision in the case is enforceable against the whole world.
C. Yes, provided the subject is a personal property.
D. Yes, because the decision is enforceable only against the litigating parties.
Answer» D. Yes, because the decision is enforceable only against the litigating parties.
64.

Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself?

A. No, because there is no force upon person.
B. Yes, if there is force upon thing.
C. Yes, like in prescription.
D. Yes, because the owner lost only physical possession.
Answer» D. Yes, because the owner lost only physical possession.
65.

Reproduction of books by Xerox or photocopying is a violation of the Copyright Law?

A. No, it is being tolerated anyway.
B. No, because there is no law that prohibits it.
C. No, because it is economical.
D. Yes, because it deprives the author of his royalties.
Answer» D. Yes, because it deprives the author of his royalties.
66.

Donation is both an act and a contract.

A. No, because it is an act of man only.
B. No, because there is no exchange of value.
C. Yes, because it is a gratuitous contract.
D. No, because it is not part of Obligation and Contract of New Civil Code.
Answer» C. Yes, because it is a gratuitous contract.
67.

Donation of the same thing to two or more persons shall be governed by the rule on double sale?

A. No, because they are of different contracts.
B. No, because they are covered by different chapters of the New Civil Code.
C. Yes, because both acts transfer ownership.
D. No, because in donation there is no exchange of value.
Answer» C. Yes, because both acts transfer ownership.
68.

All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).

A. Yes, because it is the intent and spirit of the law.
B. No, only those who had paid at least 2 years of installment and defaulted later.
C. No, they have to apply for it first at HLURB to be cover
Answer» A. Yes, because it is the intent and spirit of the law.
69.

Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was preparing for the bar examinations, Miguel, a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court, thus, preventing him from taking the examinations unless he marries Liza. As a consequence of the threat, Noel married Liza. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code?

A. Yes, because without the threat, Noel would not marry Liza.
B. Yes, because the threat, to enforce the claim of Liza, vitiates the consent of Noel in contracting the marriage.
C. No, because the threat made by Miguel is just and legal.
D. No, because Miguel is not a party to the contract of marriage between Liza and Noel.
Answer» C. No, because the threat made by Miguel is just and legal.
70.

Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. By virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. The said contract of sale was executed before the vice consul of the Philippines in Singapore. Under the laws of Singapore, the sale of a real property by an agent without a special power of attorney is valid. Shantung Company filed a suit for the annulment of the contract of sale on the ground that Magdalene has no authority to sell the property. If you were the judge, which of the following courses of action should you take?

A. Dismiss the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are executed.
B. Dismiss the action for annulment on the ground that the property subject of the case is located in Singapore, thus, the law of Singapore shall govern.
C. Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are execut
Answer» C. Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are execut
71.

Wendy, single, bought a parcel of land in Dagupan City from Amante for P600,000.00. A contract was executed between them which already vested upon Wendy full ownership of the property, although payable in monthly installments for a period of 4 years. One year after the execution of the contract, Wendy got married to Lorenzo. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. Thereafter, subsequent installments were paid from the conjugal partnership funds. Is the land conjugal or paraphernal?

A. The land is conjugal because the installments were paid from the conjugal partnership funds.
B. The land is paraphernal because ownership thereof was acquired before the marriage.
C. The land is both conjugal and paraphernal because the installments were paid from both the personal funds of Wendy and the conjugal partnership funds.
D. The land is paraphernal because it was Wendy who purchased the same.
Answer» B. The land is paraphernal because ownership thereof was acquired before the marriage.
72.

Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling. Charina, on the other hand fell in love with David and they decided to live together as husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin died in an accident. Free at last, Charina and David decided to get married on February 14, 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2) years later, Charina died living a considerable amount of properties. Noreen, assisted by her grandparents, filed a petition questioning the validity of her marriage to David. If you were the judge, how will you decide on the petition?

A. Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David.
B. Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.
C. Dismiss the petition on the ground that the marriage is valid because Charina and David lived together as husband and wife for more than 5 years and their marriage took place after the death of Marvin, the husband of Charina, thus, no need to secure a marriage license.
D. Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid.
Answer» D. Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid.
73.

Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Hence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their conjugal partnership, and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire properties through his own efforts. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo?

A. Yes, because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry.
B. Yes, because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana.
C. No, because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries.
D. No, because there was an agreement between the parties to voluntarily dissolved their conjugal partnership.
Answer» A. Yes, because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry.
74.

Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter accepted in a private instrument. After 6 months of pregnancy, the fetus was born and baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the P200,000.00. Is Jessie entitled to recover the money he donated?

A. No, because the donation is valid as Laura already accepted the same
B. No, because when Casey died, Laura, as Casey’s heir, inherited the money donated by Jessie.
C. Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality.
D. Yes, because the donation is void as the acceptance was not made in a public instrument, thus producing no legal effect.
Answer» C. Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality.
75.

Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen last March 8, 1992 with a valid marriage license. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. The U.S. embassy claims that such marriage is void from the beginning. Is the contention of the U.S. embassy tenable?

A. Yes, because the law provides that when either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them, before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
B. Yes, because the marriage license was wrongfully obtained by the parties, thereby invalidating the marriage.
C. No, because the U.S. embassy later on issued a certificate of legal capacity to contract marriage, thus, during the defect in the issuance of the marriage license.
D. No, because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage, thus it will not affect the validity of the marriage.
Answer» D. No, because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage, thus it will not affect the validity of the marriage.
76.

Glenda, a Filipino citizen and John Riel, an Australian citizen, got married in the consular office of the Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular official is valid, provided that such marriage is celebrated in accordance with the laws of such consular official. What is the status of the marriage of Glenda and John Riel?

A. Void, because the consular official has no authority to solemnize the marriage.
B. Valid, because according to the laws of Australia, such consular official has authority to celebrate the marriage.
C. Voidable, because there is an irregularity in the authority of the consular official to solemnize marriages.
D. Valid, because such marriage is recognized as valid in the place where it was celebrated.
Answer» A. Void, because the consular official has no authority to solemnize the marriage.
77.

The doctrine of “Self-Help” is an exemption that a person should not take the law intro his own hands.

A. Yes, under special circumstances.
B. No, because everybody should be law abiding citizen.
C. No, because ignorance of the law excuses no one.
D. No, because the rule allows no exemption.
Answer» A. Yes, under special circumstances.
78.

Excited over their impending marriage, the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. The marriage is:

A. valid there being a marriage license validly obtained by the parties.
B. voidable there being a defect in the formal requisite.
C. valid there being only an irregularity in the marriage license.
D. void in the absence of a valid marriage license.
Answer» C. valid there being only an irregularity in the marriage license.
79.

Filipinos are governed by their national law with respect to the following matters, except:

A. legal capacity
B. family rights and status
C. personal property
D. testamentary succession
Answer» C. personal property
80.

Separation of property between spouses during the marriage may take place only:

A. by agreement of the spouses.
B. if one of the spouses has given ground for legal separation.
C. upon order of the court.
D. if one spouse has abandoned the other.
Answer» C. upon order of the court.
81.

For civil purposes, a fetus may be considered born if:

A. it had an intra-uterine life of 8 months but is dead upon delivery.
B. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery.
C. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb.
D. it was aborted on request of or with permission from the father to save the life of the mother.
Answer» B. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery.
82.

The husband may impugn the legitimacy of his child but not on the ground that:

A. the wife is suspected of infidelity.
B. the husband had a serious illness that prevented him from engaging in sexual intercourse.
C. the child could not be his for biological or scientific reasons.
D. they were living apart.
Answer» A. the wife is suspected of infidelity.
83.

In legal separation:

A. the aggrieved spouse may file the action within 5 years from the time of the occurrence of the cause.
B. no trial shall be held without the 6-month cooling off period being observed.
C. the spouses will be entitled to live separately upon the start of the trial.
D. the prosecuting attorney has to conduct his own investigation.
Answer» C. the spouses will be entitled to live separately upon the start of the trial.
84.

Three years after marriage, wife learned that husband is afflicted with STD. Apparently, he has been afflicted even before the marriage but concealed such fact. An action for annulment may be filed by the wife.

A. within five years after marriage.
B. anytime during the lifetime of the husband.
C. within five years upon knowledge of the S
Answer» C. within five years upon knowledge of the S
85.

On March 3, 1995, wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27, 1996. The legitimacy of the child may be impugned by:

A. his parents
B. his illegitimate child, if any
C. his brothers or sisters
D. his aunts or uncles
Answer» A. his parents
86.

Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment.

A. the incapacity must be proven to be existing at the time of the celebration of the marriage.
B. the illness must be grave
C. the burden of proof must rest on the respondent.
D. the roots of the illness can be traced to the history of the subject
Answer» A. the incapacity must be proven to be existing at the time of the celebration of the marriage.
87.

Excessive donation inter vivos may be revoked or reduced after the death of the donor.

A. Yes, in so far that it reduces the legitimate of the compulsory heirs.
B. No, because it took effect while the donor is still alive.
C. No, because it will impair the right of a person to enter into a contract.
D. No, because it is not practical.
Answer» B. No, because it took effect while the donor is still alive.
88.

A husband by chance discovered hidden treasures on the paraphernal property of his wife, who owns the discovered treasure.

A. The half pertaining to the husband (finder) belongs to the conjugal partnership
B. The half pertaining to the wife (as owner) belongs to the conjugal partnership
C. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property.
D. a and b
Answer» C. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property.
89.

Action for rescission on the account of lesion will prescribe within ---

A. 10 years
B. 5 years
C. 7 years
D. answer not given
Answer» D. answer not given
90.

Which one is more burdensome, easement or usufruct?

A. Usufruct because the usufructuary has possession and fruits of the property
B. Easement because the servient estate is under obligation to let others use the property
C. None, because in both cases there is no transfer of title
D. Easement because easement is enforceable even if there is no contract
Answer» A. Usufruct because the usufructuary has possession and fruits of the property
91.

Are growing crops real property?

A. Yes, for the purpose of civil law
B. No, for the purpose of criminal law
C. No, for the purpose of commercial law
D. All of the above
Answer» C. No, for the purpose of commercial law
92.

A, donated a parcel of land to the unborn child of H and W, is the donation valid?

A. No, because there is no donee yet
B. No, because there is no one yet to accept the donation
C. Yes, provided the child be born alive or to live for at least 24 hours under certain conditions
D. No, because the donee has no name yet to whom the land is to be transferred
Answer» C. Yes, provided the child be born alive or to live for at least 24 hours under certain conditions
93.

Mr. J constructed a basketball court at the middle of the street, may Mr. J be charged criminally in court? .

A. No. because the remedy is only destruction or removal
B. No, because the case is inlay civil in nature
C. Yes, provided that the basketball court be declared first as a public nuisance
D. Yes, provided that Mr. J did not pay any permit to the local government
Answer» C. Yes, provided that the basketball court be declared first as a public nuisance
94.

Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. B. After ten years branches of the mango tree encroached the air space of B. Mr. X is the owner of the encroaching branches because…

A. of the principle “accessory follows the principal
B. the tree is planted in his (X) land
C. in accordance with the law of easement
D. All of the above
Answer» D. All of the above
95.

Which among the properties of the states that could be the subject of prescription in favor of a private person?

A. agricultural land
B. forest land
C. public road
D. seashore
Answer» A. agricultural land
96.

Which among the churches listed below is owned by the Roman Catholic Church?

A. Quiapo Church constructed after 1898
B. San Agustin Church constructed before 1898
C. Manila Cathedral constructed before 1898
D. Vigan Church constructed before 1898
Answer» A. Quiapo Church constructed after 1898
97.

Which among the group of things listed below could not be considered as a property?

A. res nullius
B. res communes
C. res alicujus
D. None of the above
Answer» B. res communes
98.

Patrimonial Property of the State refers to

A. those no longer intended for public use and public service
B. those no longer intended for public good and public welfare
C. those actually possessed, occupied or utilized by indigenous cultural minorities by themselves or through their ancestors
D. none
Answer» B. those no longer intended for public good and public welfare
99.

The document issued by the government agency concerned stating that mineral resources project under consideration will not bring about an unacceptable environmental impact and that the proponent has satisfied the requirements of the environmental impact system is called

A. Environmental Compliance Certificate (ECC)
B. Environmental Impact Statement (EIS)
C. Joint Venture Agreement (JVA)
D. Mineral Resource EDUC Certification
Answer» B. Environmental Impact Statement (EIS)
100.

Which of the following marriages is void for reasons of public policy?

A. Between brothers and sisters, whether of the full or half blood
B. Between step-parents and step children
C. Between parents-in-law and children-in-law
D. B and C
Answer» D. B and C
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