McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Uncategorized topics .
Chapters
| 101. |
To whom does hidden treasure which is discovered belong? |
| A. | Hidden treasure belongs to the owner of the land, building, or other property on which it is found. |
| B. | Hidden treasure belongs to the State because of the Regalian Doctrine in which the full ownership of all natural resources on natural matter than may be found in the bowels of the earth shall belong to the State. |
| C. | Hidden treasure belongs to the person who finds it. |
| D. | Hidden treasure belongs to the State, owner of the land in which it is found and to its finders. |
| Answer» A. Hidden treasure belongs to the owner of the land, building, or other property on which it is found. | |
| 102. |
A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A’s land which proved positive. With A’s consent, B extracted the hidden treasure. Is B entitled to 1/2? |
| A. | No, because he is not a finder by chance due to his intention; |
| B. | No, because he should have found it by sheer luck; |
| C. | Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it; |
| D. | No, he is entitled merely to compensation for his efforts. |
| Answer» C. Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it; | |
| 103. |
Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ½? |
| A. | No, because he is a trespasser; |
| B. | No, because since he has a map, he is not a finder by chance; |
| C. | Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser; |
| D. | No, because by chance means good luck. |
| Answer» C. Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser; | |
| 104. |
A & B entered into a contract of sale over A’s car for P500,000.00. A has to register the car first before payment and delivery. After the registration of the car, A called up B that the car was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay before delivery. B was able to convince the driver to leave the car at his garage and will just deposit the amount with A’s account for fear that the driver might be the subject of a hold-up. Instead of depositing the amount, he sold the car to C. Can A recover the car from C? |
| A. | A cannot recover the car anymore because B has become the owner by virtue of delivery. |
| B. | A can recover the car from C because he was unlawfully deprived. |
| C. | A cannot recover from C because he is a buyer in good faith and for value. |
| D. | A’s only remedy is to file an action for sum of money against B. |
| Answer» B. A can recover the car from C because he was unlawfully deprived. | |
| 105. |
A ordered books from Rex Publishing worth P1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books? |
| A. | Rex Publishing can recover the books because it was unlawfully deprived when the check was dishonored. |
| B. | Rex Publishing can file an action for rescission of the contract. |
| C. | Rex Publishing can file an action for sum of money against A, or file criminal cases for violation of BP22 and Art. 315, RPC. |
| D. | Rex Publishing can file an action for declaration of nullity of the contract of sale. |
| Answer» C. Rex Publishing can file an action for sum of money against A, or file criminal cases for violation of BP22 and Art. 315, RPC. | |
| 106. |
A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D’s act valid and what is the remedy of the brothers? |
| A. | No, because she is a minority co-owner, the decision of the majority prevails; |
| B. | No, because while it is an alteration the consent of the controlling interest is merely required; |
| C. | Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed; |
| D. | No, because it is prejudicial to their common interest. |
| Answer» C. Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed; | |
| 107. |
A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of 90 square meters. A sued B and C for partition. How do you thing the court will decide? |
| A. | It will grant the action since land is basically divisible; |
| B. | It will dismiss because the land is so small; |
| C. | It will dismiss because the land is so small that to divide it will render it useless for the purpose it is intended; |
| D. | It will grant the action otherwise, A, B and C will be deprived of their right to make use of the property. |
| Answer» C. It will dismiss because the land is so small that to divide it will render it useless for the purpose it is intended; | |
| 108. |
In the question above, where D refuses to agree, what would be your advice to A, B and C? |
| A. | I would advice them to file a suit to compel her to give consent; |
| B. | I would advice them to sue her for damages; |
| C. | I would advice them to file an action for partition; |
| D. | I would advice them to develop the land and leave a portion equivalent to the share of D. |
| Answer» C. I would advice them to file an action for partition; | |
| 109. |
In the question above, A, B and C agreed to use the amount of P100M left by their parents for the development of the land. D disagreed. Is D’s act correct? |
| A. | No, because it is prejudicial to the interest of the co-ownership; |
| B. | Yes, because the expenditure is not a mere act of administration, but an act of dominion; |
| C. | Yes, because the expenditure is not a mere act of administration but an act of dominion which needs the consent of all; |
| D. | No, because being trustees of one another, they are presumed to act favorably for every co-owner. |
| Answer» C. Yes, because the expenditure is not a mere act of administration but an act of dominion which needs the consent of all; | |
| 110. |
A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the property. Is the partition valid? |
| A. | The contract of partition is void because it was not put into writing. |
| B. | The contract is unenforceable because it was not put into writing. |
| C. | The contract is valid because a contract can be in any form. |
| D. | The contract is valid and enforceable because in matters of realty, the Statute of Frauds governs only conveyances and leases and partition is not a lease; it is not a conveyance but merely segregation of a property. |
| Answer» D. The contract is valid and enforceable because in matters of realty, the Statute of Frauds governs only conveyances and leases and partition is not a lease; it is not a conveyance but merely segregation of a property. | |
| 111. |
A, B & C are the co-owners of a parcel of land. They leased it to D. For failure to pay the rents, A alone sued D. Will the action prosper? |
| A. | The action will not prosper because B & C are indispensable parties. |
| B. | The action will not prosper because of failure to implead B & C who are real parties in interest. |
| C. | The action will prosper because anyone of the co-owners may sue for ejectment. |
| D. | The action will not prosper because the suit by A is not in representation of the co-ownership. |
| Answer» C. The action will prosper because anyone of the co-owners may sue for ejectment. | |
| 112. |
What is the status of the sale of the whole property by one co-owner? |
| A. | Valid sale as to the whole property. |
| B. | Valid sale only as to the share of the seller co-owner. |
| C. | Sale is void on whole property as there is no consent from the other co-owner. |
| D. | Unenforceable |
| Answer» B. Valid sale only as to the share of the seller co-owner. | |
| 113. |
Which of the following is false with regard to the prescription on action to quiet title? |
| A. | If the plaintiff is in possession, the action to quiet title does not prescribe. |
| B. | If the plaintiff is not in possession, it may prescribe. |
| C. | Whether the plaintiff is in possession or not, the action to quiet title will prescribe. |
| D. | none |
| Answer» C. Whether the plaintiff is in possession or not, the action to quiet title will prescribe. | |
| 114. |
What should a co-owner do inorder that he can recover expenses in the alteration of co-ownership? |
| A. | Not secure the consent of the other co-owners anyway it is for the benefit of the co-ownership. |
| B. | Secure a unanimous consent of the co-owners. |
| C. | Not secure consent of the co-owners since they did not contribute for the alteration of the property. |
| D. | Secure the consent of majority of the co-owners. |
| Answer» B. Secure a unanimous consent of the co-owners. | |
| 115. |
The following are some of the characteristics of a co-ownership except one: |
| A. | A co-owner is in a sense a trustee for the other co-owners. |
| B. | Co-ownership has judicial personality. |
| C. | There must be more than one subject or owner. |
| D. | Regarding the physical whole, each co-owner must respect each other in the common use, enjoyment or preservation of the physical whole. |
| Answer» B. Co-ownership has judicial personality. | |
| 116. |
Within what period should the owner of a property subject of avulsion recover the lost property? |
| A. | 2 years |
| B. | 3 months |
| C. | 6 months |
| D. | 1 year |
| Answer» A. 2 years | |
| 117. |
A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same. |
| A. | B and C can redeem the said property after paying the foreclosed amount. |
| B. | A should pay B and C corresponding to the value of their respective share. |
| C. | B and C may redeem the property only to the extent of their respective shares. |
| D. | none |
| Answer» C. B and C may redeem the property only to the extent of their respective shares. | |
| 118. |
A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the whole property without the consent of B and C. Is the sale valid? |
| A. | Yes, it is valid, because the right of alienation is one of his rights over the ideal shares in the co-ownership. |
| B. | No, it is invalid, because the consent of his co-owners is material for the sale to be valid. |
| C. | Yes, it is valid because the co-owners did not object when he sold his part. |
| D. | No, it is invalid because a co-owner cannot sell his part to third person without offering it first to his co-owners. |
| Answer» A. Yes, it is valid, because the right of alienation is one of his rights over the ideal shares in the co-ownership. | |
| 119. |
Which of the following is a characteristic of a co-ownership? |
| A. | The co-ownership possess juridical personality. |
| B. | Regarding the ideal share, each co-owner does not hold any control over the same. |
| C. | A co-owner is in a sense a trustee for the other co-owner. |
| D. | Regarding the physical whole, a co-owner uses and enjoys the same to the exclusion of the others. |
| Answer» C. A co-owner is in a sense a trustee for the other co-owner. | |
| 120. |
Which of the following is not a ground for extinguishment of a usufruct? |
| A. | Prescription |
| B. | Bad use of the thing in usufruct. |
| C. | Total loss of the thing in usufruct |
| D. | Non-user for 6 months. |
| Answer» B. Bad use of the thing in usufruct. | |
| 121. |
In taking care of the thing in usufruct, what degree of diligence is required? |
| A. | Good father of a family |
| B. | Utmost diligence |
| C. | Ordinary diligence |
| D. | Extraordinary diligence |
| Answer» A. Good father of a family | |
| 122. |
In 2001, A granted a usufruct over his building to B until February 23, 2011 when C, the son of B would have reached the age of 25. C died at the age of 23 in 2009. What happened to the usufruct? |
| A. | The usufruct was extinguished; |
| B. | The death terminated the usufruct; |
| C. | The usufruct subsists because a usufruct granted for the time that may elapse before a third person reaches a certain age shall subsist for a number of years specified even if the third person should die unless there is a stipulation to the contrary (Art. 606, NCC) |
| D. | The usufruct continues because B, the trustee is still alive. |
| Answer» C. The usufruct subsists because a usufruct granted for the time that may elapse before a third person reaches a certain age shall subsist for a number of years specified even if the third person should die unless there is a stipulation to the contrary (Art. 606, NCC) | |
| 123. |
A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct? |
| A. | Yes, because of prescription and laches; |
| B. | No, because there was no formal prohibition by means of an instrument acknowledged before a notary public prohibiting B from obstructing his easement of light and view; |
| C. | No, because A did not observe the 2-meter distance between the windows since the view is direct and the lot of B (Non-observance of the distances does not give rise to prescription.) |
| D. | Both B and C. |
| Answer» D. Both B and C. | |
| 124. |
A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct? |
| A. | B is correct because possession of a parcel of land for ten (10) years in good faith will ripen to ownership. |
| B. | B is correct because of laches. |
| C. | B is wrong because an easement of right of way cannot be acquired by prescription as while it is apparent it is not however not continuous. |
| D. | B is correct because with the continuous use of the easement, prescription lied. |
| Answer» C. B is wrong because an easement of right of way cannot be acquired by prescription as while it is apparent it is not however not continuous. | |
| 125. |
A is the owner of a parcel of land, which is a part of a subdivision property being developed by XYZ Corporation. His lot is adjacent to the road belonging to ABC Corporation hence, he used to pass through the road going to the national highway. In 2009, ABC Corporation constructed a fence on its property, thus closing the road. Can A demand the reopening of the road? |
| A. | A can demand for the reopening of the road because he acquired the right to use it by prescription. |
| B. | A can demand for the reopening of the road because it is the nearest to the highway. |
| C. | A cannot demand for the reopening of the road because there is an adequate road of the subdivision belonging to XYZ Corporation. |
| D. | A can demand for the reopening of the road because the roads of the subdivision of XYZ Corp. where his lot is located are not yet fully developed, hence, it is very inconvenient for him to pass thru the same. |
| Answer» C. A cannot demand for the reopening of the road because there is an adequate road of the subdivision belonging to XYZ Corporation. | |
| 126. |
What is the test in determining whether a person may demand an easement of right of way? |
| A. | Least prejudicial to the servient estate and the shortest distance to the highway. |
| B. | Most prejudicial to the servient estate but shortest distance to the highway. |
| C. | Creation of another way which is shortest to the highway and closing the previous right of way. |
| D. | Total inadequacy. |
| Answer» D. Total inadequacy. | |
| 127. |
A donated a property to B, but the property is surrounded by A’s property. What is the right of B? |
| A. | Ask A for right of way without indemnity. |
| B. | Ask A for right of way with indemnity. |
| C. | Ask A to donate another property for B’s right of way. |
| D. | Sue A for a right of way without indemnity. |
| Answer» B. Ask A for right of way with indemnity. | |
| 128. |
In the establishment of an easement of right of way which is likened to the exercise of the power of eminent domain, the owner can validly contend that the compensation due the owner should be computed based on the |
| A. | Value when the road was constructed |
| B. | Date of filing the action in court |
| C. | Date of the judgment |
| D. | Value of the land and the amount of damage caused to the servient estate. |
| Answer» D. Value of the land and the amount of damage caused to the servient estate. | |
| 129. |
A & B had an agreement for A to use B’s property as a right of way. Five (5) years later, an adequate outlet was opened to a highway near A’s property, hence, B filed an action to cancel the encumbrance of voluntary easement of right of way. The RTC granted. The CA may rule that: |
| A. | the RTC is correct because A has no more use of the easement. |
| B. | the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties. |
| C. | the RTC is correct especially so that the dominant estate has been sol |
| Answer» B. the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties. | |
| 130. |
When is donation deemed perfected? |
| A. | Upon the signing of the deed of donation; |
| B. | When the donor comes to know of the acceptance of the donation by the donee; |
| C. | Upon delivery of the object of donation; |
| D. | Upon registration of the deed of donation. |
| Answer» B. When the donor comes to know of the acceptance of the donation by the donee; | |
| 131. |
The deed of donation by A in favor of B states: “Donation Inter Vivos” but there is a provision that although the land donated shall be delivered to the donee immediately upon perfection of the same with right to enjoy the fruits of the land, it will pass to the donee after the death of the donor. After the donor’s death, the heirs sought to recover the property. Will the action prosper? |
| A. | No, because since the donation is a inter vivos, it took effect driving the lifetime of the donor; |
| B. | No, because the donee has acquired ownership over the property; |
| C. | Yes, because the donation is a donation mortis causa hence, it has to comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC) |
| D. | No, because a donation inter vivos is irrevocable. |
| Answer» C. Yes, because the donation is a donation mortis causa hence, it has to comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC) | |
| 132. |
A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A became insane and still insane when he received the notice of acceptance of the donation. He died without recovering his sanity. Is the donation valid? |
| A. | Yes, because at the time of the donation, he was capacitated; |
| B. | Yes, because the acceptance can even be conveyed to his legal representatives; |
| C. | Yes, because there is only one moment which must be considered inorder to determine the donor’s capacity to make donation, that is the time of the making of the donation (Art. 737, NCC) when he offered to donate; |
| D. | No, Article 737 declares that the donor’s capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation. |
| Answer» D. No, Article 737 declares that the donor’s capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation. | |
| 133. |
State the nature of this donation: “I hereby donate to X “mortis causa” a 1000 square meter lot worth P10M subject to the condition that this donation shall be deemed revoked if he fails to build a house on the land worth P1M within one (1) year from date hereof and delivery shall be made after my death.” |
| A. | It is a donation mortis causa as intended; |
| B. | It is a donation mortis causa since delivery will be made after death, it will be effective only from that time; |
| C. | Donation inter vivos that is conditional, the designation not controlling and that the conditions indicate that it is inter vivos; |
| D. | Mortis causa as it will take effect after death as delivery will confer ownership upon the done. |
| Answer» C. Donation inter vivos that is conditional, the designation not controlling and that the conditions indicate that it is inter vivos; | |
| 134. |
“I hereby donate to A” a parcel of land subject to the condition that he will support me for the rest of my life, shoulder my hospitalization and burial expenses.” What is the nature of the donation? |
| A. | Remuneratory donation inter vivos; |
| B. | Conditional donation inter vivos; (obligation imposed is merely a charge or burden whose value is less than the value of the thing given.) |
| C. | Onerous donation inter vivos; (the obligation to defray the support, etc. indicates that such obligation is the consideration for the donation and vice versa. The properties donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata, 46 Phil. 668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC) |
| D. | Conditional donation which can be revoked. |
| Answer» C. Onerous donation inter vivos; (the obligation to defray the support, etc. indicates that such obligation is the consideration for the donation and vice versa. The properties donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata, 46 Phil. 668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC) | |
| 135. |
A donated a house and lot to B orally. Since then, B has been in possession for a period of 30 years declaring the same for taxation purposes. Is the donation valid? |
| A. | No, the donation is void because it was not put into writing. |
| B. | Yes, the oral donation can be the basis of a valid title because of laches. |
| C. | No, the donation is void because it was not put into a public instrument. |
| D. | Yes, the donation is valid because a contract can be valid in any form. |
| Answer» C. No, the donation is void because it was not put into a public instrument. | |
| 136. |
A executed a deed of donation to the DECS subject to the condition that it be devoted for educational purposes. The DECS did not accept it in the same instrument or in an authentic writing but took possession of the property and constructed a school building. Twenty (20) years thereafter, it executed a deed of exchange with B for a bigger property. Can A revoke the donation? |
| A. | A can ask for the recoveyance of the property because the donation is void as it was not accepted by DECS in the same instrument. |
| B. | A cannot ask for reconveyance because there was acceptance thru DECS possession and compliance with the condition. |
| C. | A can recover because DECS did not comply with the condition. |
| D. | A cannot recover because of prescription. |
| Answer» B. A cannot ask for reconveyance because there was acceptance thru DECS possession and compliance with the condition. | |
| 137. |
May a person sell that which he does not own? |
| A. | No, otherwise the sale is void; |
| B. | No, otherwise, the seller cannot confer ownership upon the vended; |
| C. | Yes, provided that he is the owner at the time of the delivery; |
| D. | No, otherwise, the buyer would be prejudiced. |
| Answer» C. Yes, provided that he is the owner at the time of the delivery; | |
| 138. |
May a person donate that which he does not own? |
| A. | Yes, provided that it is accepted by the donee; |
| B. | Yes, provided that he can deliver it; |
| C. | No, because he cannot confer ownership of something he does not own; |
| D. | Yes, provided that the parties agree. |
| Answer» C. No, because he cannot confer ownership of something he does not own; | |
| 139. |
May an oral donation propter nuptias be the basis of a title? |
| A. | No, because it must be in a public instrument; |
| B. | No, because it must be in writing; |
| C. | Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459); |
| D. | No, because it is not effective as a transfer of title. (Heirs of Maningding v. CA, 31 July 1987; Gesmundo v. CA, 23 December 1999). |
| Answer» C. Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459); | |
| 140. |
A executed a deed of donation in favor of B who accepted it. It however states that the donation will take effect upon A’s death and B cannot alienate, but it further states that B can register the deed and obtain a title. What is the nature of the donation? |
| A. | Mortis causa; |
| B. | Conditional donation inter vivos; |
| C. | Inter vivos; |
| D. | Conditional donation mortis causa. |
| Answer» C. Inter vivos; | |
| 141. |
A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the sale valid? |
| A. | Yes, because of automatic revocation for failure to comply with the condition; |
| B. | Yes, because A was exercising a right; |
| C. | No, because of the absence of automatic revocation clause; |
| D. | Yes, because he was still the owner at the time of the sale. |
| Answer» C. No, because of the absence of automatic revocation clause; | |
| 142. |
What is the status of a conditional donation if the condition imposed is unlawful? |
| A. | Donation is void because it contains an illegal condition. |
| B. | Donation is valid but the condition is considered as not imposed. |
| C. | Donation is unenforceable. |
| D. | Donation is voidable. |
| Answer» B. Donation is valid but the condition is considered as not imposed. | |
| 143. |
What kind of donation requires compliance with the elements of a valid will? |
| A. | Donations mortis causa |
| B. | Conditional donation |
| C. | Donations inter vivos |
| D. | Donations in consideration of marriage |
| Answer» A. Donations mortis causa | |
| 144. |
What is the effect if there is an illegal and impossible condition in a simple donation? |
| A. | The illegality or impossibility of the condition will annul not only the condition but also the obligation even if the impossible condition is a condition not to do. |
| B. | The illegality or impossibility of the condition will annul not only the condition but also the obligation unless the impossible condition is a condition not to do. |
| C. | The donation is valid because the illegal or impossible condition is simply considered as not impose |
| D. | Hence, the condition is void but the donation is valid. |
| Answer» C. The donation is valid because the illegal or impossible condition is simply considered as not impose | |
| 145. |
Is a swimming pool an attractive nuisance? |
| A. | Yes, because it is attractive to persons of tender age at play. |
| B. | Yes, if there are instruments and implements that make it different from an ordinary body of water. |
| C. | No, because it is just a mere duplication of a body of water. |
| D. | No, if the owner employed means to protect the lives and limbs of persons who enter into it. |
| Answer» B. Yes, if there are instruments and implements that make it different from an ordinary body of water. | |
| 146. |
A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide? |
| A. | It will declare the will void because there are only two (2) witnesses; |
| B. | It will declare the will void because the notary public cannot subscribe before himself; |
| C. | It may grant the probate and consider it a holographic will |
| D. | It will declare the will extrinsically void. |
| Answer» C. It may grant the probate and consider it a holographic will | |
| 147. |
The following are the questions which a probate court can determine, except: |
| A. | Question on the identity of the will; |
| B. | Question on the due execution of the will |
| C. | Question of validity and nature of contracts |
| D. | Question on the capacity of the testator. |
| Answer» C. Question of validity and nature of contracts | |
| 148. |
Of the enumeration below, which is not a limitation of fideicommissary substitution? |
| A. | The substitution must not go beyond one degree from the heir originally instituted (Art. 863, NCC); |
| B. | The fiduciary and the fideicommissary must be living at the time of the death of the testator (Art. 863); |
| C. | The substitution can burden the legitime (Art. 864); |
| D. | The substitution must be made expressly (Art. 865). |
| Answer» D. The substitution must be made expressly (Art. 865). | |
| 149. |
In the will of Doña A, one of the beneficiaries is the wife of the minister who rendered aid to the testator during the latter’s illness. Is she qualified? |
| A. | No, because of the possibility of undue influence that may have been exerted by the minister; |
| B. | No, because since the priest is disqualified, the will is a circumvention of the prohibition; |
| C. | Yes, because the law extends the disqualification of priests and ministers of the gospel to their relatives within the fourth degree as well as the church, order chapter, community or institution to which they may belong. (Art. 1027(2); |
| D. | No, because what cannot be done directly, it cannot be done indirectly. |
| Answer» C. Yes, because the law extends the disqualification of priests and ministers of the gospel to their relatives within the fourth degree as well as the church, order chapter, community or institution to which they may belong. (Art. 1027(2); | |
| 150. |
A left a gross estate of P600,000.00 and debts amounting to P60,000.00. He was survived by his wife, three (3) legitimate children, and acknowledged illegitimate child and an unacknowledged adulterous child. How will you divide the estate? |
| A. | I will divide the estate giving ½ to the legitimates; ¼ to the wife and the rest to the two (2) illegitimates; |
| B. | I will distribute it by giving ½ to the legitimates; same share as one of the legitimates to the widow; the illegitimates will get ½ of the share of each of the legitimates; |
| C. | I will divide the estate equally among the legitimate children and the widow; |
| D. | I will not give the illegitimates because of the iron curtain. |
| Answer» B. I will distribute it by giving ½ to the legitimates; same share as one of the legitimates to the widow; the illegitimates will get ½ of the share of each of the legitimates; | |
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.