82
92.9k

600+ Philippines Civil Law Society Solved MCQs

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

Chapters

Take a Test
Chapter: Review 1
51.

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

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

Accession is not a mode of acquiring ownership?

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

A Torrens Title is not a protection in alluvium?

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

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

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

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

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

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

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

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

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

Easement is always a real right.

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

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

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

May a local ordinance extinguish a legal easement?

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

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

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

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

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

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

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

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

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

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

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

Donation is both an act and a contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In legal separation:

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

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

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

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

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

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

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

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

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

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

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

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

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

Which one is more burdensome, easement or usufruct?

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

Are growing crops real property?

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

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

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

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

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

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

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

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

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

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

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

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

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

Patrimonial Property of the State refers to

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

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

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

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

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

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.

Take a Test