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600+ Philippines Civil Law Society Solved MCQs

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

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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
discuss
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
discuss
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.
discuss
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and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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
discuss
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
discuss
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.
discuss
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.
discuss
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
discuss
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
discuss
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.
discuss
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
discuss
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.
discuss
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.
discuss
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.
discuss
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
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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
discuss
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.
discuss
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
discuss
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
discuss
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
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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.
discuss
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
discuss
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.
discuss
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.
discuss

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