McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Uncategorized topics .
Chapters
| 51. |
A & B are married. They have a daughter C who is only 5 years of age. B, without the consent of A went to the USA and worked as a nurse and left her daughter with her parents as A is a soldier who is always out of the conjugal dwelling. Can A recover the custody of his child? |
| A. | A can recover custody of his daughter because parental authority is inalienable. |
| B. | A cannot recover custody of his daughter because it may not be possible for him to attend to her needs. |
| C. | The parents of B have a better right to take care of C considering that they are affluent and the best interest of the child is of utmost importance. |
| D. | A cannot recover the custody of his child because the mother’s decision is binding as the child is below the age of 7. |
| Answer» A. A can recover custody of his daughter because parental authority is inalienable. | |
| 52. |
A & B lived together as husband and wife without the benefit of marriage. For a few months before his death, A was writing his autobiography and stated that he loved B so much and because of that, they decided to live together as husband and wife, but planned to marry. At the time he was writing his autobiography, B was pregnant and he stated in his autobiography that he was the father of the child inside the womb of B. He died without finishing it and failed to sign the same. Two (2) months thereafter, the child C, was born, hence, B sought to register the child under the name of A but the Local Civil Registrar refused, hence, she filed a suit for mandamus to compel the registrar to register the child under A’s name. She testified as narrated above; D, the father of A testified that during the lifetime of A he lived with B and she was pregnant at that time. E the brother of A likewise testified along the same line. Is the action of B correct? |
| A. | The child cannot be registered under A’s name because the autobiography was not signed. |
| B. | The child cannot be registered under A’s name otherwise, it would be easy for a woman to vest legitimate status upon a child even if he is illegitimate. |
| C. | The child can be registered under A’s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E. |
| D. | The child cannot be registered under A’s name because an unsigned document is not evidence of recognition. |
| Answer» C. The child can be registered under A’s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E. | |
| 53. |
A, a married man had amorous relationship with B, resulting in the birth of C. C’s existence is with the knowledge of his wife and children. In fact, A and his family were even supporting C who was welcomed in all family occasions. What is the meaning of the acts of A and his family? |
| A. | The acts of A and his family are considered as acts of recognition. |
| B. | The acts of A can be considered as proof of filiation without need of going to court. |
| C. | The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts. |
| D. | C cannot go to court to prove filiation considering that there is no documentary evidence showing recognition. |
| Answer» C. The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts. | |
| 54. |
Samson, the son of a wealthy family has always claimed that since childhood, he was not a boy. He played with the girls and did not mingle with the boys. After finishing his course at a university in the Philippines, he went to the US to take up his masteral and doctorate degrees. He consulted several doctors of the possibility of sex transmission from that of male to that of a female. The sex transmission was done in Thailand and which was certified as successful by a medical expert in Manila, hence, he claimed to be a woman. He filed a petition for correction of entry of his record of birth from male to female and his name from Samson to Delailah as he was marrying his fiancé. The lower court granted the petition. Is the order of the court correct? |
| A. | The order is correct because it is the right to a person to choose his/her gender. |
| B. | The order is correct because a person’s status can be changed thru the intervention of medical science due to the advances in science and technology. |
| C. | The order is correct as there would be no adverse effects, but rather, it would redound to the benefit of Samson. |
| D. | The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one’s name. |
| Answer» D. The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one’s name. | |
| 55. |
A & B are married with children C & D, but were living separately from one another. A got married to E and begot children, F & G. After his death, E, F & G filed a petition for settlement of his estate. B, C &D intervened to claim their share of the estate and contended that since F & G are illegitimate as the marriage of A & E is void, their share is only ½ of the share of the legitimates. Is the contention correct? |
| A. | The contention of B, C & D that the marriage of A & E is void is not correct because only A & E can question the validity of their marriage. |
| B. | B, C & D can contest the validity of the marriage of A & E in the settlement of his estate as an exception to the rule due to the law on succession. |
| C. | There is no use to question the marriage of A & E anymore because it has become moot and academic due to A’s death. |
| D. | The contention of B, C and D is not correct as they should have filed the settlement of estate of A and put up the defense of invalidity of the marriage of A and E if their children would intervene. |
| Answer» B. B, C & D can contest the validity of the marriage of A & E in the settlement of his estate as an exception to the rule due to the law on succession. | |
| 56. |
A & B are married. They put into writing an agreement that they would live separately where they can live with other partners. A went to live with C, his childhood sweetheart, hence, B filed an action for legal separation invoking as ground, sexual infidelity. Will the action prosper? |
| A. | The action will prosper because of the act of A which is a ground under the law. |
| B. | The action will not prosper because of the consent of B. |
| C. | The action will prosper because the agreement is void as it is contrary to law and morals. |
| D. | The action will prosper because B is bound by the principle of estoppels by deed. |
| Answer» B. The action will not prosper because of the consent of B. | |
| 57. |
In the enumeration below, which is not a ground to dismiss an action for legal separation under the law? |
| A. | Condonation; |
| B. | Mutual guilt; |
| C. | Consent; |
| D. | Death. |
| Answer» D. Death. | |
| 58. |
A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper? |
| A. | The action will not prosper because B did not file a criminal case for frustrated parricide. |
| B. | The action will not prosper because there is a need for conviction of A for the crime committed. |
| C. | The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence. |
| D. | The action will not prosper because the act was a frustrated act of parricide, not attempted parricide. |
| Answer» C. The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence. | |
| 59. |
A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage? |
| A. | They can enter into a contract changing their property relationship and from its perfection, they would be bound by another property regime. |
| B. | They can enter into a contract to change their property regime and it binds them due to the principle of liberty of contracts. |
| C. | They can enter into a contract changing their property regime but must file a petition in court for its approval. |
| D. | They can enter into a contract changing the property relationship and be bound thereby because of the principle of mutuality of contracts. |
| Answer» C. They can enter into a contract changing their property regime but must file a petition in court for its approval. | |
| 60. |
A & B are married but due to conflicts, A left the conjugal dwelling and went to live with C, one of his children. Despite B’s pleas, A refused to return to the conjugal dwelling. Can B file an action to compel A to return? |
| A. | B can file an action to compel A to return to the conjugal dwelling because it is A’s duty to live with her. |
| B. | B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act. |
| C. | B can sue A for him to return to the conjugal dwelling because the law mandates him to live with her. |
| D. | B can file a petition for habeas corpus citing her children as respondents for them to produce the body of their father in court for the court to order A to return to the conjugal dwelling. |
| Answer» B. B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act. | |
| 61. |
A & B, lived together as husband and wife while A is legally married with children. They acquired properties in their coverture. After the death of A, where will his share go? |
| A. | His share of ½ of the properties shall go to the conjugal partnership in his marriage with A. |
| B. | His share shall go to his children with A. |
| C. | His share shall go to his children with his wife. |
| D. | All the properties acquired in their coverture shall go to the conjugal partnership of his legally wedded relationship. |
| Answer» D. All the properties acquired in their coverture shall go to the conjugal partnership of his legally wedded relationship. | |
| 62. |
A & B are married. A became a member of the US Armed Forces but when he came back to the Philippines he found out that his wife was cohabiting with his brother. When he went back to the USA, he divorced B; then got married to C. He died and in the petition for settlement of his estate, B contended that she is entitled to inherit. Is B correct? |
| A. | B is correct because of the original relationship between A & B. |
| B. | B is not correct because what governs the successional rights of A is his national law. |
| C. | B is correct because in Philippine law as A is only an American citizen from the point of view of USA law. |
| D. | B is correct because she acquired a vested right when they got married. |
| Answer» B. B is not correct because what governs the successional rights of A is his national law. | |
| 63. |
If homosexuality is concealed, it is a ground for: |
| A. | Annulment of marriage; |
| B. | Legal separation; |
| C. | Declaration of nullity of marriage; |
| D. | The other spouse to live separately from the other. |
| Answer» A. Annulment of marriage; | |
| 64. |
If a person who has been declared psychologically incapacitated, can he get married again? |
| A. | No, because it is a permanent incapacity. |
| B. | Yes, because the incapacity is merely partial. |
| C. | No, because he cannot give his consent due to mental psychoses. |
| D. | No, because he cannot comply with the essential duties to the marriage bond. |
| Answer» B. Yes, because the incapacity is merely partial. | |
| 65. |
A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who are liable? |
| A. | The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident. |
| B. | The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption. |
| C. | The parents of D can sue A & B, X & Y for damages who are solidarily liable. |
| D. | The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained. |
| Answer» A. The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident. | |
| 66. |
May the status of a child be the subject of a compromise or contract? |
| A. | Yes, provided it is freely agreed upon. |
| B. | Yes, because of the principle of mutuality of contracts; |
| C. | No, because of public policy as paternity and filiation must be judicially established; |
| D. | Yes, because it can be left to the will of the parties. |
| Answer» C. No, because of public policy as paternity and filiation must be judicially established; | |
| 67. |
How many years should a person be absent in order that he may be presumed dead including the opening of his succession? |
| A. | 7 |
| B. | 10 |
| C. | 4 |
| D. | 2 |
| Answer» B. 10 | |
| 68. |
How much of their properties may the future spouses donate to one another? |
| A. | 100% |
| B. | 50% |
| C. | 20% |
| D. | 25% |
| Answer» C. 20% | |
| 69. |
Is the prohibition against the spouses donating to one another during the marriage absolute? |
| A. | Yes, because it is contrary to law; |
| B. | Yes, because it is contrary to public policy; |
| C. | No, because they can give to one another gifts during the marriage within their capacity to purchase. |
| D. | Yes, because there might be under influence by one against the other. |
| Answer» C. No, because they can give to one another gifts during the marriage within their capacity to purchase. | |
| 70. |
A and B had amorous relationship resulting in the birth of C. B filed a claim for temporary support of her unacknowledged child which she sought in an action for the issuance of temporary protection order against A. Is the remedy proper? |
| A. | Yes, as an incident of the action for temporary protection order due to child abuse under RA 9262; |
| B. | Yes, because it is the duty of father to support the child; |
| C. | No, the remedy is to file an action for compulsory recognition to establish filiation; |
| D. | Yes, to be fair to the child who never asked to be born. |
| Answer» C. No, the remedy is to file an action for compulsory recognition to establish filiation; | |
| 71. |
The following are the characteristics of psychological incapacity, except: |
| A. | Juridical antecedents; |
| B. | Refusal to have sex; |
| C. | Grave; |
| D. | Incurable. |
| Answer» B. Refusal to have sex; | |
| 72. |
Which of the following statements is correct? |
| A. | A spouse who refuses to live with the other spouse can be declared as one suffering from psychological incapacity; |
| B. | A spouse who spends more time with his friends is suffering from psychological incapacity; |
| C. | A spouse who has a narcissistic personality disorder is suffering from psychological incapacity; |
| D. | A spouse who marries another during the marriages is suffering from psychological incapacity. |
| Answer» C. A spouse who has a narcissistic personality disorder is suffering from psychological incapacity; | |
| 73. |
What is the remedy of a spouse if the other leaves the conjugal dwelling and refuses to return and lives with the parents? |
| A. | File a petition for habeas corpus; |
| B. | File a complaint for specific performance to compel him/her to return; |
| C. | File a complaint for support; |
| D. | No remedy in court because the act of living together is a mere voluntary act which cannot be compelled by any proceeding in court. |
| Answer» D. No remedy in court because the act of living together is a mere voluntary act which cannot be compelled by any proceeding in court. | |
| 74. |
X and Y are married. They have a daughter Z. They are living in the house of Y’s parents, but left the house because of differences with his parents-in-law and his wife due to her refusal to leave the house. He was prevented from visiting his child and the latter was prevented from seeing her father? What is the remedy of X? |
| A. | File a petition for habeas corpus; |
| B. | File a complaint to compel the wife to live with her at a different place; |
| C. | File a complaint for damages; |
| D. | File a complaint for damages de to abuse of right. |
| Answer» A. File a petition for habeas corpus; | |
| 75. |
A and B are married. A filed an action for declaration of nullity of their marriage on the ground of psychological incapacity. In its judgment, the court decreed that a final decree of nullity shall be issued only after there is partition, distribution of the properties in accordance with Article 147 of the Family Code. |
| A. | The order is correct because the law requires distribution, partition and liquidation of the properties before the decree is issued; |
| B. | The order is not correct because the rules in Article 147, F.C. apply only if the marriage is declared void on the ground of psychological incapacity; |
| C. | The order is correct regardless of whether the marriage was declared void on the ground of psychological incapacity or because it is absolutely void because of a prior marriage |
| D. | none |
| Answer» B. The order is not correct because the rules in Article 147, F.C. apply only if the marriage is declared void on the ground of psychological incapacity; | |
| 76. |
A and B are married. A, with the use of fraud, sold a parcel of land belonging to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale void? |
| A. | No more because the action has already prescribed; |
| B. | Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10) |
| C. | No, because the 4-year period to file action based on fraud has prescribed; |
| D. | No, because the buyer is a buyer in good faith and for value. |
| Answer» B. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10) | |
| 77. |
After the heirs of an 80-year old man who disappeared for more than 5 years partitioned his properties, he re-appeared. What happens to the partition? |
| A. | It is automatically considered void since there was no transmission of successional rights; |
| B. | He can file an action for nullity; |
| C. | He can recover his properties in the condition in which it may be found and the price of any property that may have been alienate |
| Answer» C. He can recover his properties in the condition in which it may be found and the price of any property that may have been alienate | |
| 78. |
A and B got married which is not correct in the following statements, |
| A. | B must carry the surname of A; |
| B. | B may carry her maiden name and surname and add her husband’s surname; |
| C. | B may carry her maiden first name and her husband’s surname; |
| D. | B may carry her husband’s full name but prefixing a word indicating that she is the wife such as “Mrs.”. |
| Answer» A. B must carry the surname of A; | |
| 79. |
What is the requirement if the husband and wife would like to adopt? |
| A. | They can adopt jointly; |
| B. | They shall adopt jointly; |
| C. | They must adopt jointly; |
| D. | They may adopt jointly. |
| Answer» B. They shall adopt jointly; | |
| 80. |
What is the required age difference between the adopter and the adopted? |
| A. | 15 years; |
| B. | 20 years; |
| C. | 16 years; |
| D. | 14 years. |
| Answer» C. 16 years; | |
| 81. |
A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper? |
| A. | No, because it is not a joint petition; |
| B. | No, because the requirement of a joint petition for adoption is mandatory; |
| C. | Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369) |
| D. | No, because adoption rules are mandatory. |
| Answer» C. Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369) | |
| 82. |
Of the following statements, which is not correct? |
| A. | The guardian cannot adopt the ward before the approval of the final account to prevent commission of fraud in handling his properties; |
| B. | The guardian cannot adopt the ward because it might be used as a shield to commit fraud; |
| C. | The guardian cannot adopt the ward to prevent any prejudice to him; |
| D. | Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest. |
| Answer» D. Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest. | |
| 83. |
X has a daughter Y. She left for Italy to look for a job and worked there for 10 years but continued to support Y who was left under the custody of A and B. They filed a petition for adoption but did not present evidence of consent of X contending that Y has been abandoned by X. How do you think the court will decide? |
| A. | It will grant the petition to serve the best interest of the child; |
| B. | It will grant even without the consent of X due to abandonment; |
| C. | It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad; |
| D. | It will grant because having left Y for 10 years is considered as evidence of abandonment. |
| Answer» C. It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad; | |
| 84. |
Which of the following is not correct in relation to an adopted child? |
| A. | He inherits like a legitimate child; |
| B. | He cannot be preterited; |
| C. | He has the right of representation; |
| D. | By virtue of adoption, the adopter and the adopted acquire reciprocal obligations arising from their relationship. |
| Answer» C. He has the right of representation; | |
| 85. |
A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned. |
| A. | X shall inherit as A left no legitimate child; |
| B. | X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC) |
| C. | X and C can inherit together but C will inherit like an illegitimate chil |
| D. | (Art. 343, NCC) – It has been deleted by the Family Code.) |
| Answer» B. X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC) | |
| 86. |
A borrowed money from B. As security for the payment of the loan, he executed a chattel mortgage on the building erected on his land and the machinery stored therein. For failure to pay the loan, he was sued and a judgment was rendered against him, where the building and the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff? |
| A. | Yes, because the contract is the law between the parties; |
| B. | Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0; |
| C. | Yes, with respect to both the building and the machinery because of the principle of liberty of contracts; |
| D. | No, C is not bound at all because he is not a party to the contract. |
| Answer» B. Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0; | |
| 87. |
A leased a parcel of land to B. Without A’s consent, B constructed a warehouse. What is the nature of the warehouse? |
| A. | It is a personal property because the builder was in bad faith; |
| B. | It is a personal property because the builder is not the owner; |
| C. | It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (CA) 48 O.G. 4374) |
| D. | Personal because it is a structure which can be removed by the builder. |
| Answer» C. It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (CA) 48 O.G. 4374) | |
| 88. |
A leased a parcel of land from B. With B’s consent, A put up a manufacturing business on the property and attached a machinery. What is the nature of the machinery? |
| A. | The machinery is always a movable property. |
| B. | The machinery is now immovable by destination. |
| C. | The machinery can be considered immovable if there is a provision in the contract of lease that the same will become B’s property when the contract will expire. |
| D. | The parties cannot change the nature of the property even by agreement. |
| Answer» C. The machinery can be considered immovable if there is a provision in the contract of lease that the same will become B’s property when the contract will expire. | |
| 89. |
The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot belonging to Mr. P for non-payment of tax. A was the highest bidder. P was not able to redeem his property, hence, a title was issued in favor of A. He filed a motion for the issuance of a writ of possession over the house and lot. What is the right of Mr. P? |
| A. | A has to pay the value of the house because P is a builder in good faith. |
| B. | A has to pay the value of the house of P considering that when he moved for a writ of possession over the lot and the house, he appropriated P’s house. |
| C. | A does not have to pay the value of the house because when he became the owner of the land, he became the owner of the accessory which is the house. |
| D. | A does not have to pay the value of the house because the sale of the lot implies the sale of the house. |
| Answer» B. A has to pay the value of the house of P considering that when he moved for a writ of possession over the lot and the house, he appropriated P’s house. | |
| 90. |
Which of the following instances treats a building/structure as an immovable property? |
| A. | A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built. |
| B. | A barong-barong built by X on his lot. |
| C. | A building used as security in the payment of an obligation where a chattel mortgage is executed over it. |
| D. | A building bought for purposes of demolishing the same. |
| Answer» A. A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built. | |
| 91. |
Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process? |
| A. | Accretion |
| B. | Regalia Doctrine |
| C. | Alluvium |
| D. | Avulsion |
| Answer» D. Avulsion | |
| 92. |
River beds which are abandoned through the natural change in the course of the water belong to whom? |
| A. | Owners whose land are occupied by the new course in proportion to the area lost. |
| B. | Owners whose land are occupied by the bed course in proportion to the length of the area lost. |
| C. | Owners of the land adjoining the old bed in proportion to the area lost. |
| D. | Owners of the land adjoining the new bed in proportion to the area lost. |
| Answer» A. Owners whose land are occupied by the new course in proportion to the area lost. | |
| 93. |
A is a squatter on the land of B and constructed a house. When sued for forcible entry, he asked for reimbursement from B for the improvements. Is A correct? |
| A. | Yes, he is entitled to the extent of the value of the improvement; |
| B. | Yes, to the extent of 50% of the value of the improvement; |
| C. | Yes, but only for the expenses in the preservation of the land; (Art. 449, NCC) |
| D. | Yes, for the value of the necessary improvement. |
| Answer» C. Yes, but only for the expenses in the preservation of the land; (Art. 449, NCC) | |
| 94. |
A, B & C are the co-owners of a parcel of land. A constructed his house at the middle of the property, such that, when they partitioned it, his house was found to be intruding into the share of B. What is the right of B? |
| A. | A can be evicted by B. |
| B. | B can appropriate the portion of A’s house intruding into his share as A is a builder in bad faith. |
| C. | A may compel B to buy his house. |
| D. | Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement. |
| Answer» D. Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement. | |
| 95. |
A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision property being developed by XYZ Corporation. He did not know the exact location of the lot, hence, he consulted the developer who pointed to a lot, hence, he constructed his house. It turned out that it was another lot covered by TCT No. 124. Is A a builder in good faith? |
| A. | A is a builder in bad faith because he has a title over his property. |
| B. | A is a builder in good faith because, not being an expert he relied on the representation of the developer. |
| C. | A is a builder in bad faith because he should have known the boundaries of his property and the location of the same. |
| D. | A is a builder in bad faith because of his negligence in not asking a geodethic engineer to determine the exact location of his property. |
| Answer» B. A is a builder in good faith because, not being an expert he relied on the representation of the developer. | |
| 96. |
What are the rights of a builder in bad faith? |
| A. | The builder in bad faith may demand for the reimbursement of improvements of the land. |
| B. | The builder in bad faith may demand for the payment or reimbursement for necessary expenses for the preservation of the land and value of the building. |
| C. | The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building. |
| D. | The builder in bad faith is entitled to reimbursement of all expenses available for reimbursement. |
| Answer» C. The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building. | |
| 97. |
A owns a house and lot which is made of concrete materials. A then sold it to B for purposes of demolition. How do you classify the house? |
| A. | Personal property because it is subject of a contract of sale. |
| B. | Immovable property because by reason of immobilization by destination. |
| C. | Immovable because under Article 415 of the Civil Code, everything attached to an immovable property in a fixed manner in such way that it cannot be separated therefrom without breaking the material falls under immovable property. |
| D. | It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials. |
| Answer» D. It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials. | |
| 98. |
X leased real property situated in Malate, Manila which is owned by A. During the period of lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate the premises but not appropriate the improvement. Is X entitled to reimbursement of the improvements? |
| A. | No, because he is a builder in bad faith. |
| B. | Yes, because he is considered in good faith. |
| C. | No, because he can remove the improvements. |
| D. | Yes, to the extent only of one-half of the value of the improvements if the lessor appropriates it. |
| Answer» C. No, because he can remove the improvements. | |
| 99. |
X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y’s taxicab. Who owns the celphone? |
| A. | Y is the owner under the principle of finder’s keepers. |
| B. | Y is the owner as he is in actual possession. |
| C. | X is the owner as he was deprived of possession. |
| D. | Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication. |
| Answer» D. Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication. | |
| 100. |
By hidden treasure is understood, for legal purposes, any hidden and unknown deposit except: |
| A. | Money |
| B. | Precious objects |
| C. | Jewelry |
| D. | Mineral deposits |
| Answer» D. Mineral deposits | |
Done Studing? Take A Test.
Great job completing your study session! Now it's time to put your knowledge to the test. Challenge yourself, see how much you've learned, and identify areas for improvement. Don’t worry, this is all part of the journey to mastery. Ready for the next step? Take a quiz to solidify what you've just studied.