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360+ Albano MCQs Solved MCQs

in Philippines Civil Law Society

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

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151.	The following can be considered as the rationale behind reserva troncal, except:
A.	To reserve certain property in favor of certain relatives;
B.	To maintain as absolutely as possible, with respect to the property to which it refers, a separation between the paternal and maternal lines, so that property of one line may not pass to the other, or through them to strangers;
C.	To prevent persons outside of a family from securing, by some accident of life, property that would otherwise remain therein;
D.	To show solidarity of the family.
Answer» D. To show solidarity of the family.

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152.	In relation to reserva troncal, the following statements are correct, except:
A.	The reservista can sell the property, but subject to resolutory condition;
B.	The reservatarios may rescind the contract of sale by the reservista upon the death of the reservista;
C.	The reservista can sell because he acquires ownership of the reservable property subject to the resolutory condition that there must exist at the time of his death reservatarios;
D.	The reservista can execute a will to dispose of the property subject of reserve to his own relatives.
Answer» D. The reservista can execute a will to dispose of the property subject of reserve to his own relatives.

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153.	A executed a last will and testament instituting his parents, brothers and sisters. He did not institute his wife. Is the will valid is he did not institute his wife?
A.	The will is valid because it is A’s prerogative as to the persons whom he wishes to institute because a will is an act whereby a person is given the right to control to a certain degree the disposition of his estate to take effect after his death.
B.	The will is valid because the wife is not an heir in direct line, hence there is no preterition.
C.	The will is void because the wife is a compulsory heir of A.
D.	The will is valid, anyway, the wife has a share in the conjugal partnership.
Answer» B. The will is valid because the wife is not an heir in direct line, hence there is no preterition.

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154.	One of the four (4) witnesses in the will of A is the notary public. Is the will valid?
A.	The will is valid because the signature of the notary public is a mere surplusage.
B.	The will us void because the notary public cannot subscribe before himself.
C.	The will is valid because there is substantial compliance with the requirements of a will.
D.	The will is valid especially so that the law must give tender care to the will because it is the voice of the testator even after his death.
Answer» A. The will is valid because the signature of the notary public is a mere surplusage.

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155.	In cases of reserve troncal, the reservista can sell the property subject of reserva. True or false?
A.	True, but subject to resolutory condition, hence, can rescind the conrtact;
B.	False, because he/she is not the owner as he holds the property merely in trust for the reservatarios.
C.	True, because having a title over it, the buyer can just rely upon the title under the mirror doctrine.
D.	True, because from the moment of death of the descendant propositus, the reservista acquired ownership over the property subject of reserva.
Answer» A. True, but subject to resolutory condition, hence, can rescind the conrtact;

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156.	A & B are married. They have children, C & D. C is married to X and they have children, Y & Z. D is married to S and they have children, T & U. He has likewise an illegitimate child, V. Before A died he executed a will instituting his heirs including V. Can V inherit from A considering that he is an illegitimate child of D?
A.	V cannot inherit because he is an illegitimate child of D.
B.	V cannot inherit despite his institution because of the barrier between the legitimates and the illegitimates.
C.	V can inherit because the iron curtain applies only in cases of intestacy.
D.	V can inherit because the will of A is an act whereby he is given the right to determine his heirs.
Answer» C. V can inherit because the iron curtain applies only in cases of intestacy.

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157.	A executed a will with B, C & D as witnesses. At the time of the subscription by A, C & D on each and every page of the will, B was outside the room with an open door. Is the will valid?
A.	The will is void because it was not subscribed in his presence.
B.	The will is valid because the phrase “in the presence” does not mean actual seeing but mere opportunity to have witnessed and seen the signing.
C.	The will is valid because there is substantial compliance with the law.
D.	The will is void because it requires the presence of the witnesses to prevent fraud, in the execution of the will and to protect the integrity of the will.
Answer» B. The will is valid because the phrase “in the presence” does not mean actual seeing but mere opportunity to have witnessed and seen the signing.

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158.	X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?
A.	Yes, because the probate of a will is imprescriptible as it is mandated by public policy.
B.	No more because it has already prescribed.
C.	Yes because they cannot extrajudicially settle the estate due to the existence of a will.
D.	No more because of laches.
Answer» A. Yes, because the probate of a will is imprescriptible as it is mandated by public policy.

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159.	A executed a will instituting his heirs and X, his illegitimate child whom he recognized. Before his death, he revoked the will. What is the effect of the revocation of the will?
A.	The revocation necessarily carries with it the revocation of the recognition of X.
B.	The revocation has no effect on X as the will can be used as an authentic writing as proof of filiation.
C.	With the revocation of the will, X has yet to go to court and prove filiation with the use of the will.
D.	The will has no favorable effect on X because of its revocation and its non-admission to probate.
Answer» B. The revocation has no effect on X as the will can be used as an authentic writing as proof of filiation.

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160.	Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua’s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.
A.	X can still be prosecuted.
B.	X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.
C.	The probate of the will is res judicata to the prosecution of X.
D.	X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will.
Answer» B. X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.

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161.	A & B are married. They have children, C & D. C has an illegitimate child, E. A died in 2007 and B, C & D inherited from him. C, specifically inherited a house & lot from A located at Ayala Alabang. C died in 2009. Who can inherit from C?
A.	B & D alone can inherit from C.
B.	E cannot inherit because there is a barrier between illegitimates and legitimates.
C.	E can inherit from C because the iron curtain does not apply to C & E.
D.	E cannot inherit considering that the only estate C left was his inheritance from A, hence, the iron curtain still applies.
Answer» C. E can inherit from C because the iron curtain does not apply to C & E.

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162.	A & B are married. They have a son C who is married to D with children, E & F. C & D adopted G. C died in 2006. A died in 2010. Can G inherit by right of representation?
A.	G can inherit by right of representation being the son of C.
B.	G cannot inherit by right of representation because such right applies only to blood relatives.
C.	G can inherit by right of representation because one of the rights of an adopted child is the right of inheritance without any distinction and discrimination.
D.	G can inherit by right of representation like E & F otherwise, he would be deprived of his legitime resulting in unfairness.
Answer» B. G cannot inherit by right of representation because such right applies only to blood relatives.

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163.	X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.
A.	C is correct because the law requires that the holographic will must be completely dated;
B.	C is not correct because there is substantial compliance with the requirement of the law.
C.	C is correct because the incomplete date affects the integrity of the will.
D.	C is correct because the complete date protects the will from commission of fraud and trickery.
Answer» B. C is not correct because there is substantial compliance with the requirement of the law.

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164.	A and B are married. They have children X, Y and Z. Before his death, A donated a parcel of land to X denominated as an irrevocable donation. He died leaving a will but did not institute X. When the will was submitted to probate, X opposed on the ground of preterition. Is X correct?
A.	X is correct because he is an heir in the direct line, hence, entitled to his legitime.
B.	X is not correct because the donation is an advance inheritance.
C.	X is correct because donation being irrevocable is not collationable.
D.	X is correct, otherwise, it would be unfair to him being an heir of A.
Answer» B. X is not correct because the donation is an advance inheritance.

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165.	A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will?
A.	The will is invalidated;
B.	The will is valid and effective;
C.	The legacy given to B’s child is not valid;
D.	The will is valid and the legacy will be given to B’s child because a will is the voice of the testator even after death.
Answer» C. The legacy given to B’s child is not valid;

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166.	A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?
A.	Yes, because of the total institution of the descendants;
B.	Yes, because failure to state the ground for the non-institution of the descendants;
C.	No, because B, C and D shall inherit from the estate of A by the rules of intestacy;
D.	No, because B, C and D are deemed instituted.
Answer» D. No, because B, C and D are deemed instituted.

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167.	A executed a holographic will disinheriting his children B but did not institute C and D. Is there a need for the will to be probated?
A.	No more, because it would be an exercise in futility as no one will inherit on the basis of the will;
B.	Yes, because without the will being admitted to probate the disinheritance shall be ineffective;
C.	Yes, because a will shall not pass any right to the heirs unless it is admitted to probate;
D.	Both B and C.
Answer» B. Yes, because without the will being admitted to probate the disinheritance shall be ineffective;

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168.	When does the right of representation take place?
A.	In the direct descending line;
B.	If there is an adopted child;
C.	In the ascending line;
D.	Even in the collateral line.
Answer» A. In the direct descending line;

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169.	In fideicommissary substitution when will there be transmission of rights to the second heir?
A.	Upon the death of the testator;
B.	Upon the death of the first heir;
C.	Upon the death of the last relative of the testator;
D.	Upon the execution of the will by the second heir.
Answer» B. Upon the death of the first heir;

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170.	At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?
A.	Grant it because A was of sound mind at the time of death;
B.	Grant it because the subsequent capacity cured the defect of the void will;
C.	Deny probate because the will is void ab initio;
D.	Grant it since the will is extrinsically valid and complete
Answer» C. Deny probate because the will is void ab initio;

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171.	What do you call the act of a testator of designating a person to take the estate in case of default of the instituted heir?
A.	Substitution
B.	Representation
C.	Institution
D.	Accretion
Answer» A. Substitution

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172.	In which of the following is the right of representation inapplicable?
A.	In case of predecease of an heir;
B.	In case of repudiation by an heir;
C.	In case of incapacity of an heir;
D.	In case of a valid disinheritance of an heir.
Answer» B. In case of repudiation by an heir;

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173.	When is the capacity of the testator considered?
A.	At the time of the probate of the will;
B.	At the time of the death of the testator;
C.	At the time of the execution of the will;
D.	At the time of the allowance of the will.
Answer» B. At the time of the death of the testator;

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174.	A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?
A.	Deny probate because the will is void as he did not understand the language;
B.	Deny because he could not have written in a language he did not understand;
C.	Grant probate provided that it was explained to him in a language understood by him;
D.	Deny because of the possibility of fraud.
Answer» C. Grant probate provided that it was explained to him in a language understood by him;

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175.	A died without leaving a compulsory heir. Before he died, he donated his properties to the church. After his death, his brothers questioned the validity of the donation. Is their act correct?
A.	Yes, because they are compulsory heirs;
B.	No, because they are not compulsory heirs entitled to a legitimate;
C.	Yes, because while the donor can donate his properties, he must leave something to his relatives;
D.	Yes, because of the close family ties of Filipinos.
Answer» B. No, because they are not compulsory heirs entitled to a legitimate;

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176.	A died leaving no compulsory heirs except his brothers and sisters of the full blood and a cousin. How shall his estate be partitioned?
A.	The brothers and sisters and the cousin will inherit in equal shares;
B.	The brothers and sisters will inherit in equal shares;
C.	The cousin will get ½ of the share of each brother;
D.	The cousin is not entitled to any share not being a collateral relative who is entitled under the law of intestate succession.
Answer» B. The brothers and sisters will inherit in equal shares;

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177.	A, the son of X and Y was indebted to B in the amounted of P10M. Should the amount be brought to collation if X and Y paid the same?
A.	No, because it is the duty of the parents to support a child;
B.	Yes, because it is a donation inter vivos made to A, a compulsory heir, hence, an advance inheritance;
C.	No, because A is merely indebted to X and Y;
D.	No, because it was not gratuitously given.
Answer» B. Yes, because it is a donation inter vivos made to A, a compulsory heir, hence, an advance inheritance;

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178.	X and Y sold a house and lot to their son valued at P10M for only P3M with the condition that it will be delivered after their death. After their death, should the property be brought to collation?
A.	Yes, because the contract was not a sale but a donation inter vivos;
B.	Yes, because it was a donation mortis causa;
C.	No, because it was not acquired by gratuitous title but by onerous title; (Reyes v. CA)
D.	Yes, because it was a simulated sale as the price is unusually inadequate.
Answer» C. No, because it was not acquired by gratuitous title but by onerous title; (Reyes v. CA)

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179.	A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?
A.	It will admit the will to probate because of the doctrine of lex loci celebrationis;
B.	It will not admit the will to probate unless probated first in Canada;
C.	It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)
D.	It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.
Answer» C. It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)

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180.	The attestation in the will of A omitted to state that the testator signed the pages of the will in the presence of the instrumental witnesses. Can evidence aliunde be admitted to prove such fact in the probate proceeding?
A.	Yes, to give due course to the petition for probate;
B.	No, because such fact cannot be determined from an examination of the will itself;
C.	Yes, because the will of a person is his voice even after his death; (Reyes v. CA)
D.	Yes, because the court should give tender care to the will.
Answer» B. No, because such fact cannot be determined from an examination of the will itself;

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181.	Which is not correct in the following statements:
A.	Collation is a mere mathematical operation by the addition of the value of donations made by the testator to the value of the hereditary estate;
B.	Collation is the return to the hereditary estate of property disposed of by gratuitous title by the testator during his lifetime;
C.	One of the purposes of collation is to secure equality among the compulsory heirs in so far as it is possible and to determine the free portion after finding the legitime so that inofficious donations may be reduce
D.	(6 Manresa 406)
Answer» D. (6 Manresa 406)

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182.	A lent money to B in 1950 payable in 1951. Despite demand, B failed to pay. In 2011, his daughter who recently became a lawyer sent a demand for payment to B who sent a letter acknowledging the debt and asked for one (1) year to pay but failed to pay within the extended period. A filed a complaint for sum of money. How do you think the court will decide?
A.	Dismiss the action due to prescription;
B.	Dismiss due to laches;
C.	Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);
D.	Dismiss on the ground of estoppel.
Answer» C. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);

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183.	In 1980, during the lifetime of A’s parents he executed a waiver of right over his future inheritance in favor of his brother B. A predeceased his parents. After the death of his parents in 2010, B obtained a title over the whole estate. Can A’s children recover their father’s share?
A.	No, because of prescription;
B.	No, because of laches;
C.	Yes, because laches cannot be set up to resist enforcement of an imprescriptible right, hence the children can vindicate their inheritance despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435);
D.	No, because they were not paties to the agreement, hence, they have no personality. (Art. 1397, NCC).
Answer» C. Yes, because laches cannot be set up to resist enforcement of an imprescriptible right, hence the children can vindicate their inheritance despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435);

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184.	A owes B the amount of P1M. C wrote B that he would take care of the obligation as soon as A had made shipment of copra to the USA. A failed to make the shipment. Is C liable?
A.	Yes, because he assumed the obligation voluntarily;
B.	No, because he did not assume but merely committed to take care of the debt;
C.	No, because the suspensive condition did not happen;
D.	Both B and C.
Answer» D. Both B and C.

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185.	A and B entered into a contract for A to manufacture boxes to be used by B for his export business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated follow-up of the immediate production of the boxes. B filed a complaint for reimbursement of the P2M.
A.	The action will not prosper because of lack of demand by B for A to fulfill his obligation;
B.	The action will prosper because the follow-up is the equivalent of demand to comply;
C.	The action will prosper because in reciprocal obligations rescission is implied in case of non-performance;
D.	The action will prosper, otherwise, A will enrich himself at the expense of B.
Answer» C. The action will prosper because in reciprocal obligations rescission is implied in case of non-performance;

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186.	A and B entered into a compromise agreement dated April 29, 2007 and approved on July 1, 2007. It states that A will pay B the amount of P1M within one (1) year from the execution of the agreement. What is the reckoning point of the one (1) year period?
A.	From the approval of the compromise;
B.	From the receipt of the judgment based on compromise;
C.	From the date of the execution of the compromise;
D.	15 days after receipt of the judgment. (Santos Ventura Hocorma Foundation, Inc. v. Santos, 5 November 2004).
Answer» C. From the date of the execution of the compromise;

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187.	A and B entered into a contract, subject to the condition that in case the Senate will not concur in to the treaty, neither party will be liable. The Senate rejected it. Can A invoke force majeure or fortuitous event as a ground to exempt himself from liability?
A.	No, because it is not an act of God;
B.	Yes, because of the binding effect of contracts;
C.	Yes, because while the non-concurrence is foreseeable, it is beyond their control;
D.	Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v. Globe Telecom, Inc. 25 May 2004; Sicam v. Jorge, 8 August 2007).
Answer» C. Yes, because while the non-concurrence is foreseeable, it is beyond their control;

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188.	A borrowed money from Metrobank and executed a mortgage over his house and lot as security. No period has been agreed upon on the date of payment. Before the lapse of ten (10) years, the bank foreclosed the mortgage. Is the bank correct?
A.	Yes, because of delay in the payment of the obligation;
B.	Yes, otherwise the action to foreclose might prescribe;
C.	No, because the proper remedy is for the bank to file an action for the fixing of the perio
D.	(Art. 1197, NCC, Pacific Bank v. CA, 5 May 1989);
Answer» C. No, because the proper remedy is for the bank to file an action for the fixing of the perio

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189.	A lent money to B with a penalty clause providing for 6% per month. In case a suit is filed, what do you think the court will do with the penalty?
A.	It will declare it void because it is contrary to law;
B.	It will declare it void because it is contrary to public policy;
C.	It will reduce the penalty. (Art. 1229, NCC);
D.	It will declare the penalty void as it is contrary to morals.
Answer» C. It will reduce the penalty. (Art. 1229, NCC);

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190.	Which of the following is not correct in connection with the requisites of rescission?
A.	It must be gratuitous;
B.	It must be accepted by the obligor;
C.	The obligation must be demandable. (Art. 1270, NCC);
D.	It can be unilateral.
Answer» D. It can be unilateral.

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191.	A owes money to B evidenced by a PN payable on A’s birthday. When A was celebrating his birthday, B put the PN inside an envelope and delivered it to A. What is the effect of B’s act?
A.	Nothing as there was no intention to extinguish the obligation;
B.	Nothing as B did not state his intention to condone the obligation;
C.	The delivery of the PN implies the renunciation of the action which B had against A; (Art. 1271, NCC)
D.	Nothing as condonation must be accepted.
Answer» C. The delivery of the PN implies the renunciation of the action which B had against A; (Art. 1271, NCC)

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192.	Is a stipulation in a contract of lease granting the lessee an exclusive right to renew the contract valid?
A.	No, because it is violative of the principle of mutuality of contracts;
B.	No, because validity or compliance cannot be left to the will of only one of the parties;
C.	Yes, it is fundamentally part of the consideration in the contract. (Allied Bank v. CA, January 16, 1998)
D.	No, it is contrary to law.
Answer» C. Yes, it is fundamentally part of the consideration in the contract. (Allied Bank v. CA, January 16, 1998)

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193.	The following enumeration is correct, except:
A.	Consensual contracts are perfected by mere consent;
B.	Real contracts are perfected by the delivery of the object;
C.	All contracts are perfected by mere consent;
D.	Even if the lessor is obliged to deliver the thing leased, it is still a consensual contract.
Answer» C. All contracts are perfected by mere consent;

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194.	Consent in a contract is manifested by any of the following acts, except:
A.	Delivery of downpayment;
B.	Delivery of earnest money;
C.	Delivery of option money;
D.	Delivery of a letter accepting the offer with qualification.
Answer» D. Delivery of a letter accepting the offer with qualification.

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195.	The following are correct in connection with contracts of adhesion, except:
A.	Prepared by only one of the parties and the other merely affixed his signature;
B.	They are void as they are one sided;
C.	They are binding as ordinary contracts;
D.	Due to their peculiar nature, their validity is determined in light of the circumstances under which the stipulations are intended. (Sps. Ermitaño v. CA, April 21, 1999)
Answer» B. They are void as they are one sided;

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196.	An action pauliana is an action to rescind contracts in fraud of creditors. The following are its requisites, except:
A.	Plaintiff asking for rescission has a credit prior to the alienation although demandable later. (Panlilio v. Victoria, 35 Phil. 706)
B.	Debtor has made a subsequent contract conveying a patrimonial benefit to a third person.
C.	Creditor has no other legal remedy.
D.	The third person was not a party to the fraud.
Answer» D. The third person was not a party to the fraud.

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197.	A is indebted to ABC Corporation in the amount of P100M. Despite efforts to collect from A, the latter failed to pay due to business reverses as he has no more assets. In order to maintain a more accurate inventory of the worth of its current assets, ABC Corp. was forced to write-off A’s obligation. One (1) year later, A won the lotto draw in the US in the amount of $100M. Learning of the good luck of A, it demanded for payment, but A refused to pay contending that his obligation was extinguished when it was written-off. Is A correct?
A.	A is correct because write-off is a mode of extinguishing an obligation.
B.	A is correct because write-off is a compromise of liability.
C.	A is correct because write-off is a condonation of an obligation.
D.	A is not correct because in making the write-off, only the creditor takes action by removing the uncollectible account from its books even without the approval or participation of the debtor, hence, there is no extinguishment of the obligation. (Reyna, et al. v. COA, G.R. No. 167219, February 8, 2011)
Answer» D. A is not correct because in making the write-off, only the creditor takes action by removing the uncollectible account from its books even without the approval or participation of the debtor, hence, there is no extinguishment of the obligation. (Reyna, et al. v. COA, G.R. No. 167219, February 8, 2011)

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198.	X communicated to Y that he was selling his house and lot and gave him an option to buy the same up to the end of the month of September. Y accepted the offer with an agreement that Y will allow X to stay in his house in Los Angeles, California during Christmas time that year. Is the option binding upon X?
A.	The option is not binding since no payment in the form of money was delivered to X by Y.
B.	The option is not binding because no property or anything of value was delivered to X by Y.
C.	The option is binding as the consideration can be in an undertaking.
D.	The option is not binding or void because no consideration at all was paid.
Answer» C. The option is binding as the consideration can be in an undertaking.

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199.	A was employed by ABC Co. as manager in Metro Manila subject to the condition that if A will be severed from the company, voluntarily or involuntarily, he cannot get involved in any business of the same nature with ABC’s business in Metro Manila within a period of six (6) months from severance. Is the stipulation valid?
A.	The stipulation is not valid because it is contrary to public policy.
B.	The stipulation is not valid because it is contrary to law, as it is a restraint of trade.
C.	The stipulation is valid because of the principle of mutuality of contracts.
D.	The stipulation is valid because the non-involvement clause provides for time and place to prevent unfair competition and advantage.
Answer» D. The stipulation is valid because the non-involvement clause provides for time and place to prevent unfair competition and advantage.

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200.	When A’s obligation to B became due and demandable, A offered to pay, but refused to accept payment. State the remedies of A.
A.	A must make a tender of payment to B.
B.	A must make a tender of payment and deposit the amount in court.
C.	A can go direct to court and deposit the amount due in court.
D.	A must make a tender of payment, deposit the amount in court and make a subsequent notice.
Answer» D. A must make a tender of payment, deposit the amount in court and make a subsequent notice.

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360+ Albano MCQs Solved MCQs

The following can be considered as the rationale behind reserva troncal, except:

In relation to reserva troncal, the following statements are correct, except:

A executed a last will and testament instituting his parents, brothers and sisters. He did not institute his wife. Is the will valid is he did not institute his wife?

One of the four (4) witnesses in the will of A is the notary public. Is the will valid?

In cases of reserve troncal, the reservista can sell the property subject of reserva. True or false?

A executed a will with B, C & D as witnesses. At the time of the subscription by A, C & D on each and every page of the will, B was outside the room with an open door. Is the will valid?

X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?

A executed a will instituting his heirs and X, his illegitimate child whom he recognized. Before his death, he revoked the will. What is the effect of the revocation of the will?

Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua’s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.

A & B are married. They have children, C & D. C has an illegitimate child, E. A died in 2007 and B, C & D inherited from him. C, specifically inherited a house & lot from A located at Ayala Alabang. C died in 2009. Who can inherit from C?

A & B are married. They have a son C who is married to D with children, E & F. C & D adopted G. C died in 2006. A died in 2010. Can G inherit by right of representation?

X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.

A and B are married. They have children X, Y and Z. Before his death, A donated a parcel of land to X denominated as an irrevocable donation. He died leaving a will but did not institute X. When the will was submitted to probate, X opposed on the ground of preterition. Is X correct?

A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will?

A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?

A executed a holographic will disinheriting his children B but did not institute C and D. Is there a need for the will to be probated?

When does the right of representation take place?

In fideicommissary substitution when will there be transmission of rights to the second heir?

At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?

What do you call the act of a testator of designating a person to take the estate in case of default of the instituted heir?

In which of the following is the right of representation inapplicable?

When is the capacity of the testator considered?

A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?

A died without leaving a compulsory heir. Before he died, he donated his properties to the church. After his death, his brothers questioned the validity of the donation. Is their act correct?

A died leaving no compulsory heirs except his brothers and sisters of the full blood and a cousin. How shall his estate be partitioned?

A, the son of X and Y was indebted to B in the amounted of P10M. Should the amount be brought to collation if X and Y paid the same?

X and Y sold a house and lot to their son valued at P10M for only P3M with the condition that it will be delivered after their death. After their death, should the property be brought to collation?

A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?

The attestation in the will of A omitted to state that the testator signed the pages of the will in the presence of the instrumental witnesses. Can evidence aliunde be admitted to prove such fact in the probate proceeding?

Which is not correct in the following statements:

In 1980, during the lifetime of A’s parents he executed a waiver of right over his future inheritance in favor of his brother B. A predeceased his parents. After the death of his parents in 2010, B obtained a title over the whole estate. Can A’s children recover their father’s share?

A owes B the amount of P1M. C wrote B that he would take care of the obligation as soon as A had made shipment of copra to the USA. A failed to make the shipment. Is C liable?

A and B entered into a contract for A to manufacture boxes to be used by B for his export business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated follow-up of the immediate production of the boxes. B filed a complaint for reimbursement of the P2M.

A and B entered into a compromise agreement dated April 29, 2007 and approved on July 1, 2007. It states that A will pay B the amount of P1M within one (1) year from the execution of the agreement. What is the reckoning point of the one (1) year period?

A and B entered into a contract, subject to the condition that in case the Senate will not concur in to the treaty, neither party will be liable. The Senate rejected it. Can A invoke force majeure or fortuitous event as a ground to exempt himself from liability?

A borrowed money from Metrobank and executed a mortgage over his house and lot as security. No period has been agreed upon on the date of payment. Before the lapse of ten (10) years, the bank foreclosed the mortgage. Is the bank correct?

A lent money to B with a penalty clause providing for 6% per month. In case a suit is filed, what do you think the court will do with the penalty?

Which of the following is not correct in connection with the requisites of rescission?

A owes money to B evidenced by a PN payable on A’s birthday. When A was celebrating his birthday, B put the PN inside an envelope and delivered it to A. What is the effect of B’s act?

Is a stipulation in a contract of lease granting the lessee an exclusive right to renew the contract valid?

The following enumeration is correct, except:

Consent in a contract is manifested by any of the following acts, except:

The following are correct in connection with contracts of adhesion, except:

An action pauliana is an action to rescind contracts in fraud of creditors. The following are its requisites, except:

When A’s obligation to B became due and demandable, A offered to pay, but refused to accept payment. State the remedies of A.