McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Uncategorized topics .
Chapters
| 101. |
Which of the following is not included in the attributes of juridical capacity? |
| A. | Juridical Personality is inherent in every natural person, and therefore it is not acquired. |
| B. | Juridical capacity is lost only through death |
| C. | Juridical capacity can be limited or restricted |
| D. | Juridical capacity cannot exist without capacity to act |
| Answer» D. Juridical capacity cannot exist without capacity to act | |
| 102. |
The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage, except? |
| A. | Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude |
| B. | Concealment of drug addiction of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage |
| C. | Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage |
| D. | Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage |
| Answer» D. Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage | |
| 103. |
Which of the following is not a requisite for a valid donation propter nuptias? |
| A. | The donation must be made before the celebration of the marriage |
| B. | The donation shall be automatically revoked in case of non-celebration of the marriage |
| C. | The donation must be made in consideration of the marriage |
| D. | The donation must be made in favour of one or both of the future spouses |
| Answer» B. The donation shall be automatically revoked in case of non-celebration of the marriage | |
| 104. |
Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Bruce was engaged to Margarita. In view of the pronouncement of Bruce’s doctor, the two got married without a marriage license. Six (6) months thereafter, Bruce died. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. What is the status of the marriage between Bruce and Margarita. |
| A. | Voidable |
| B. | Valid |
| C. | Valid but subjects the party responsible to civil, criminal and administrative liability |
| D. | Unenforceable |
| Answer» B. Valid | |
| 105. |
Which of the following does not characterized legal separation? |
| A. | The marriage is not defective |
| B. | The grounds arise only after the marriage |
| C. | The spouses are still married to each other and cannot, therefore remarry |
| D. | There are ten (10) grounds for legal separation |
| Answer» D. There are ten (10) grounds for legal separation | |
| 106. |
The Civil Code of the Philippines took effect on: |
| A. | August 30, 1951 |
| B. | June 30, 1950 |
| C. | August 30, 1950 |
| D. | June 30, 1949 |
| Answer» C. August 30, 1950 | |
| 107. |
Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a birthday gift. Danny readily accepted the gift with profuse gratitude. One month later, they had a serious quarrel; hence, Charlie demanded the return of the watch from Danny. Danny refused to return the watch. What is the nature of this donation? |
| A. | Valid, because there was intention to donate and delivery by the donor Charlie. |
| B. | Valid, because there was acceptance and receipt of the donated personal property by the donee Danny. |
| C. | Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and acceptance were not in writing. |
| D. | Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance were not in a public instrument. |
| Answer» C. Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and acceptance were not in writing. | |
| 108. |
In a residential subdivision in San Pedro, Laguna, Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day. How do you classify this nuisance? |
| A. | Nuisance per se, because it is always a nuisance, regardless of its location and surroundings. |
| B. | Nuisance per accidents, because it is only a nuisance based on its location and circumstances. |
| C. | Nuisance per se, because it affects the entire subdivision |
| D. | Nuisance per accidents, because it affects and annoys the entire residential subdivision. |
| Answer» B. Nuisance per accidents, because it is only a nuisance based on its location and circumstances. | |
| 109. |
Amelia and Arsenio are married. Amelia went to the U.S. to work as a nurse in 2005. She left her two (2) children, Benjie and Cherry, 4 years old and 2 years old, respectively, with her parents, Danilo and Elenita. Later, because his parents-in-law, do not want to give his children to him, Arsenio, through trickery, was able to get his children from their maternal grandparents. Danilo and Elenita are claiming that they have a better right to have custody over Benjie and Cherry since they are financially capable of supporting the needs of the children. Can the grandparents claim back the children? |
| A. | Yes, because the mother Amelia has transferred her parental authority over the children in favor of the grandparents. |
| B. | Yes, because the grandparents are more financially capable of providing for the needs of the children. |
| C. | No, because parental authority should be vested on the present parent, Arsenio. |
| D. | No, because the children should be given back to their mother considering that being both less that 7 years of age, their mother must have custody over the children. |
| Answer» C. No, because parental authority should be vested on the present parent, Arsenio. | |
| 110. |
Occupation is: |
| A. | A derivative mode of acquiring ownership |
| B. | An original mode of acquiring ownership |
| C. | Not a mode of acquiring ownership |
| D. | None of the above |
| Answer» C. Not a mode of acquiring ownership | |
| 111. |
Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses during the day of the signing of her will, Clara fell down the stairs and broke both her arms. Coming from the hospitals, Clara insisted on signing her will by thumb mark and said that she can sign her full name later. While the will was being signed, Roberta, experienced a stomach ache and kept going to the restroom for long period of time. Hannah while waiting for her turn to sign the will, was reading the 7th Harry Potter book on the couch, beside the table on which everyone was signing Benjamin, aside from witnessing the will. Also offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give your reasons briefly. |
| A. | Yes, because the testatrix signed the will in the presence of 4 credible witnesses and the credible witnesses signed the will in the presence of the testatrix and of one another. |
| B. | Yes, because the testatrix signed the will in the presence of 3 credible witnesses and the 3 credible witnesses signed the will in the presence of the testatrix and of one another. |
| C. | No, because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another. |
| D. | No, because the testatrix was not |
| Answer» C. No, because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another. | |
| 112. |
In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad was mending his broken hearth, he met Angie and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting to Angie. Brad died 1995. Saddened by Brad’s death, Jennifer asked for the Picasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not? |
| A. | Yes, because the painting was owned by Brad |
| B. | Yes, because the painting was given as legacy to her by Brad. |
| C. | No. because the real owner of the painting was Jennifer. |
| D. | Yes, because the painting was given to Brad as a gift by Jennifer. |
| Answer» C. No. because the real owner of the painting was Jennifer. | |
| 113. |
The following constitute fraud which is a ground for annulment of marriage |
| A. | concealment of pregnancy of the wife by a man other than the husband |
| B. | concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage |
| C. | concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable |
| D. | letters a and b |
| Answer» D. letters a and b | |
| 114. |
A bus owned and operated by CRV Lines, Inc., and negligently driven by Mr. D, an employee rammed a Meralco lamp post. The incident injured Mr. P, a passenger, Mr. PD, a pedestrian. Which is correct? |
| A. | Mr. D cannot be sued under a culpa criminal theory of Mr. P. |
| B. | Mr. P can sue CRV Lines under a quasi delict theory as employer of Mr. D. |
| C. | Mr. PD can sue CRV Lines under a contractual theory. |
| D. | CRV Lines can be sued by Mr. P only under a contractual theory. |
| Answer» B. Mr. P can sue CRV Lines under a quasi delict theory as employer of Mr. D. | |
| 115. |
Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million. Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days within which to decide. |
| A. | Seller may always withdraw the offer before 30 days. |
| B. | Seller can withdraw the offer prior to acceptance by Mr. Buyer. |
| C. | Seller cannot withdraw before the lapse of 30 days. |
| D. | Answer is not given. |
| Answer» B. Seller can withdraw the offer prior to acceptance by Mr. Buyer. | |
| 116. |
Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct? |
| A. | Miss X may sue Mr. O under a breach of contract of carriage. |
| B. | Miss X may sue Mr. TP under a culpa aquiliana theory. |
| C. | Miss X may sue the driver of Mr. TP under a culpa criminal theory. |
| D. | Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP. |
| Answer» D. Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP. | |
| 117. |
Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms:
|
| A. | Mr. Seller may foreclose the mortgage on the car and recover any balance if there be a deficiency in the foreclosure sale. |
| B. | Mr. Seller can foreclose the mortgage on the car but is precluded from recovering any balance. |
| C. | Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the balance. |
| D. | Mr. Seller can only cancel or rescind the sale. |
| Answer» B. Mr. Seller can foreclose the mortgage on the car but is precluded from recovering any balance. | |
| 118. |
Mr. Seller offered to sell a parcel of land Mr. Buyer orally for P5 million. Mr. Buyer accepted orally on November 5, 2004. |
| A. | The sale is voidable. |
| B. | The sale is valid and can be registered. |
| C. | The sale is valid but unenforceable and cannot be register |
| Answer» C. The sale is valid but unenforceable and cannot be register | |
| 119. |
Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the same to Mr. B who accepted. |
| A. | The donation is valid. |
| B. | The donation is voidable and may be annulled. |
| C. | The donation is void and Mr. X may get the cell phone back. |
| D. | The donation is void but Mr. X cannot get the cell phone back. |
| Answer» C. The donation is void and Mr. X may get the cell phone back. | |
| 120. |
Which among the following must be in writing to be valid? |
| A. | A sale of a land. |
| B. | Every donation of personal or movable property. |
| C. | A contract of partnership with a contribution of an immovable. |
| D. | An authority by the principal to an agent to sell movables. |
| Answer» C. A contract of partnership with a contribution of an immovable. | |
| 121. |
The following are contracts that require the delivery of the subject matter before a perfected contract exists. Which is the exception? |
| A. | An agreement to borrow/lend money. |
| B. | An agreement to borrow/lend a car. |
| C. | An agreement to deposit 1,000 bags of cement in a warehouse. |
| D. | A sale of a car. |
| Answer» D. A sale of a car. | |
| 122. |
Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell. Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct? |
| A. | The one with a better right is Buyer No. 2 |
| B. | Mr. Seller has done a double sale. |
| C. | The one with the better right is the buyer who registers the sale first in good faith. |
| D. | There is no double sale. |
| Answer» C. The one with the better right is the buyer who registers the sale first in good faith. | |
| 123. |
No. 1 – Fraud is always a ground for annulment of a contract. No. 2 – A simulated contract is voidable. |
| A. | Both are false. |
| B. | Both are true. |
| C. | No. 1 is false; No. 2 is true. |
| D. | No. 1 is true; No. 2 is false. |
| Answer» B. Both are true. | |
| 124. |
Which contract is rescissible? |
| A. | A contract where both parties are of unsound mind. |
| B. | A contract violating the statute of frauds. |
| C. | A contract where the debtor sells his property to defraud the creditor where the buyer is in good faith. |
| D. | None of the above. |
| Answer» B. A contract violating the statute of frauds. | |
| 125. |
When the debtor binds himself to pay when his means shall permit him to do so, |
| A. | The obligation is deemed to be one with a period. |
| B. | The obligation is a conditional obligation. |
| C. | The obligation is vo |
| Answer» A. The obligation is deemed to be one with a period. | |
| 126. |
Which of the following contracts is not unenforceable? |
| A. | An oral agreement to pay for the debt, default or miscarriage of another. |
| B. | An oral sale of land. |
| C. | An oral sale of movables with a value of P500. |
| D. | An oral agreement to lend P50,000. |
| Answer» D. An oral agreement to lend P50,000. | |
| 127. |
No. 1 – A contract of sale is a mode of acquiring ownership. No. 2 – Every delivery transfers ownership. |
| A. | Both are false. |
| B. | Both are true. |
| C. | No. 1 is true; No. 2 is false. |
| D. | No. 1 is false; No. 2 is true. |
| Answer» A. Both are false. | |
| 128. |
Mr. X pledged his gold watch to Mr. Y as security for a loan. The loan was not paid. |
| A. | Mr. Y may appropriate the ring as his own if there is a stipulation to that effect. |
| B. | Mr. Y must sell the ring to someone else even in a private sale. |
| C. | Mr. Y may recover the deficiency from Mr. X if after the auction sale, a deficiency exists. |
| D. | Mr. Y cannot recover the deficiency after the auction sale. |
| Answer» D. Mr. Y cannot recover the deficiency after the auction sale. | |
| 129. |
The benefit of “exclusion” is available in a contract of |
| A. | guarantee |
| B. | suretyship |
| C. | pledge |
| D. | antichresis |
| Answer» A. guarantee | |
| 130. |
Mr. Seller and Mr. Buyer orally agreed on the following:
|
| A. | void |
| B. | voidable but the contract may be reformed |
| C. | valid but the instrument may be reformed |
| D. | valid but the contract may be reformed |
| Answer» C. valid but the instrument may be reformed | |
| 131. |
Mr. X promised to deliver a specified dog named “Auger” to Mr. Y on April 29, 2005.On the due date, no dog was delivered. Which is not correct? |
| A. | If the dog died on April 30 without anyone’s fault, Mr. X shall be liable to Mr. Y by reason of delay. |
| B. | Mr Y shall bear the loss because of res perit domino. |
| C. | Mr. Y shall bear the loss because of genus nunquan perit. |
| D. | Mr X shall bear the loss because of genus nunquan perit. |
| Answer» C. Mr. Y shall bear the loss because of genus nunquan perit. | |
| 132. |
No. 1 – The mortgagor in a real estate mortgage may sell the property mortgaged despite a prohibition to that EFFECT. No. 2 – If there is a balance after the foreclosure sale in a chattel mortgage arising he deficiency cannot be recovered. |
| A. | Both are true. |
| B. | Both are false. |
| C. | No. 1 is false; No. 2 is true. |
| D. | No. 1 is true; No. 2 is false. |
| Answer» D. No. 1 is true; No. 2 is false. | |
| 133. |
No. 1 – The laws governing deposits govern the relationship between a bank depositor and a bank. No. 2 – A creditor may be compelled to receive a certified check in payment of a loan. |
| A. | Both are false. |
| B. | Both are true. |
| C. | No. 1 is true; No. 2 is false. |
| D. | No. 1 is false; No. 2 is true. |
| Answer» A. Both are false. | |
| 134. |
.Mr. X lost heavily in a private gambling with Mr. Y. He still owes Mr. Y P250,000 representing losses. Which is not true? |
| A. | The wife of Mr. X may file a suit to recover the losses if Mr. X refuses to file the suit. |
| B. | Mr. Y has the obligation to return the losses of Mr. X. |
| C. | Mr. X is estopped from recovering his losses. |
| D. | Mr. Y cannot collect the unpaid losses of Mr. X. |
| Answer» C. Mr. X is estopped from recovering his losses. | |
| 135. |
Mr. X, without the authority of Mr. Y, owner of a car, sold the same car in the name of Mr. Y to Mr. Z. The contract between Mr. X and Mr. Z is |
| A. | void because of the absence of consent from the owner, Mr. Y. |
| B. | valid because all of the essential requisites of a contract are present. |
| C. | unenforceable because Mr. X had no authority but he sold the car in the name of Mr. Y, the owner. |
| D. | rescissible because the contract caused lesion to Mr. Z. |
| Answer» C. unenforceable because Mr. X had no authority but he sold the car in the name of Mr. Y, the owner. | |
| 136. |
Mr. MO executed a real estate mortgage over his land in favor of Mr. ME as security for a substantial loan he obtained from the latter. The mortgage agreement provided for a “first refusal clause”, i.e., Mr. MO, is obligated to offer the property first to Mr. ME in case he decides to sell the property mortgaged. Which of the following statements expresses a correct legal principle? |
| A. | As long as the mortgage exists, Mr. MO has no right to sell his property to anyone. |
| B. | Mr. MO may sell the property mortgaged with the consent of Mr. ME. |
| C. | A violation of the “right of first refusal clause” will make the contract entered into by Mr. MO with anyone, void abs initio. |
| D. | A violation of the ‘right of first refusal clause” will make the contract entered into by Mr. ME rescissible |
| Answer» D. A violation of the ‘right of first refusal clause” will make the contract entered into by Mr. ME rescissible | |
| 137. |
Which of the following contracts are void? |
| A. | An oral sale of a parcel of land. |
| B. | A sale of land by an agent in a public instrument where his authority from the principal is oral. |
| C. | A donation of a wrist watch worth P4,500. |
| D. | A relatively simulated contract. |
| Answer» B. A sale of land by an agent in a public instrument where his authority from the principal is oral. | |
| 138. |
Which of the following expresses a correct principle of law? |
| A. | Failure to disclose facts when there is a duty to reveal them, does not constitute fraud. |
| B. | Violence or intimidation does not render a contract annullable if employed not by a contracting party but by a third person. |
| C. | A threat to enforce one’s claim through competent authority, if the claim is legal or just, does not vitiate consent. |
| D. | Simulation of a contract always results in a void contract. |
| Answer» D. Simulation of a contract always results in a void contract. | |
| 139. |
.Mr. X orally offered to sell his two-hectare rice land to Mr. Y for P10 million. The offer was orally accepted. By agreement, the land was to be delivered (through execution of a notarized deed of sale) and the price was to be paid exactly one-month from their oral agreement. |
| A. | If Mr. X refuses to deliver the land on the agreed date despite payment by Mr. Y, the latter may not successfully sue Mr. X because the contract is oral. |
| B. | If Mr. X refuses to deliver the land, Mr. Y may successfully sue for fulfillment of the obligation even if he has not tendered payment of the purchase price. |
| C. | The contract between the parties is rescissible. |
| D. | The contract between the parties is subject to ratification by the parties. |
| Answer» D. The contract between the parties is subject to ratification by the parties. | |
| 140. |
Which of the contracts below are rescissible? |
| A. | Those entered into by guardians whenever the wards whom they represent suffer lesion by more than one third of the value of the object subject matter thereof. |
| B. | Those entered into by guardians in the above when the lesion suffered is one fourth of the value of the property. |
| C. | Those undertaken in fraud of creditors even if the latter has other means to collect the debt. |
| D. | Those where the contract is absolutely simulated. |
| Answer» A. Those entered into by guardians whenever the wards whom they represent suffer lesion by more than one third of the value of the object subject matter thereof. | |
| 141. |
Which of the following reflects a correct legal principle? |
| A. | A, B, and C, are co-owners of a three-hectare orchard. If A decides to sell his share to B, C has a right of redemption. |
| B. | A and B are adjoining owners of a rural land. Each land has an area of half a hectare. If B sells his land to D who does not own any rural land, C has a right of redemption. |
| C. | If the right to repurchase is not exercised within the period agreed upon, a judicial order is necessary to consolidate ownership on the buyer. |
| D. | A contract of sale is not a mode of acquiring ownership. |
| Answer» D. A contract of sale is not a mode of acquiring ownership. | |
| 142. |
Mr. S sold his land to Mr. B with a right to repurchase within ten years from the date of sale. Despite the lapse of the period of redemption, no such redemption was made. |
| A. | Ownership of the land was consolidated on Mr. by virtue of the failure to redeem by Mr. S. |
| B. | Ownership of the land will be consolidated only upon the registration of the sale with the registry of deeds. |
| C. | Ownership of the land will be consolidated only upon a judicial order. |
| D. | Ownership will be consolidated only with the consent of Mr. S. |
| Answer» C. Ownership of the land will be consolidated only upon a judicial order. | |
| 143. |
Mr. S sold a banana plantation to Mr. B for P3 million although its market value is P20 million. It was agreed that Mr. S shall remain in possession as lessee of the land and shall be responsible for the real estate taxes. |
| A. | The contract gives rise to an action for rescission. |
| B. | The contract gives rise to an action for annulment. |
| C. | The contract is a sale. |
| D. | The contract is presumed to be an equitable mortgage. |
| Answer» D. The contract is presumed to be an equitable mortgage. | |
| 144. |
A and B are capitalist partners, with C as an industrial partner. A and B contributed P15, 000.00 each to the capital of the partnership. A contractual liability of P40, 000.00 was incurred by the partnership in favor of X. If the capital assets have been exhausted to pay X, leaving a contractual liability of P10, 000.00, X can recover the amount from: |
| A. | A and B only |
| B. | A, B and C |
| C. | A, B and C and C can recover for reimbursement from A and B |
| D. | No reimbursement may be recovered by C. |
| Answer» A. A and B only | |
| 145. |
A, B and C are partners engaged in a retail business. Their contribution is P20, 000.00 each. D is admitted as a new partner with a contribution of P8, 000.00. At the time of his admission, the partnership has an outstanding obligation to E in the amount of P80, 000.00. In this case: |
| A. | D is not liable to E for this obligation and his P8,000 contribution shall remain with the partnership |
| B. | D is liable to E for this obligation so that after the assets of the partnership amounting to P68, 000.00 will be exhausted leaving a balance of P12, 000.00, only A, B and C shall be liable jointly or pro rata, out of their separate property. |
| C. | D is liable to E for this obligation so that after the assets of the partnership will be exhausted, leaving a balance of P12,000.00, all the partners shall be liable jointly or pro rata, including D, out of their separate property. |
| D. | D will be liable only if he knew of the liability of P80,000 at the time he joined the partnership. |
| Answer» B. D is liable to E for this obligation so that after the assets of the partnership amounting to P68, 000.00 will be exhausted leaving a balance of P12, 000.00, only A, B and C shall be liable jointly or pro rata, out of their separate property. | |
| 146. |
Mr. Ayco offered to sell his land to Mr. Cruz for P300,000. Mr. Cruz accepted the offer and paid Mr. Ayco the purchase price. Mr. Ayco delivered the owner’s duplicate of the Transfer Certificate of title of the land. Mr. Cruz wants to register the land in his name but the Register of Deeds asks Mr. Cruz for the Deed of Sale. What can Mr. Cruz do? |
| A. | He may occupy and use the land as a buyer in good faith. |
| B. | He cannot compel Mr. Ayco to return the payment because the contract is unenforceable. |
| C. | He may compel Mr. Ayco to execute the Deed of Sale because the contract is val |
| Answer» C. He may compel Mr. Ayco to execute the Deed of Sale because the contract is val | |
| 147. |
Andrea wrote Bernardo a letter offering to sell a piece of land. Andrea gave Bernardo two months within which to pay the price of P500,000. After 50 days Andrea informed Bernardo that she is increasing the price of the land to P700, 000. Can Bernardo compel Andrea to accept the P500,000 first offered and execute the deed of sale? |
| A. | No, because Bernardo did not signify his acceptance of the offer of P500,000 |
| B. | Yes, because the period of 2 months has not yet expired. |
| C. | Yes, because Andrea is already estopped by her signed letter. |
| D. | Yes, because there was actual meeting of minds of the parties. |
| Answer» A. No, because Bernardo did not signify his acceptance of the offer of P500,000 | |
| 148. |
Antonio sold a piece of land to Renato binding himself not to sell the same to another person. On the following day, Antonio sold the land to Carlos who immediately took possession in good faith. In the case at bar, the proper remedy of Renato is to: |
| A. | Institute an action for the annulment of the sale to Carlos. |
| B. | Institute an action for the recovery of the land. |
| C. | Institute an action for damages against Antonio. |
| D. | Institute an action for a declaration of nullity of the sale to Carlos. |
| Answer» C. Institute an action for damages against Antonio. | |
| 149. |
Mr. Reyes has a tax liability of P100, 000. In order to evade the payment of the tax liability, he executed a deed of sale of his only parcel of land valued for P100, 000.00 in favor of his brother, Pablo. The deed of sale stated a purchase price of P20, 000.00 but the BIR has evidence that said price had never been paid. |
| A. | The BIR may not levy upon the land because the sale is valid. |
| B. | The BIR, without having the sale annulled may levy upon the land of (Mr.Reyes pursuant to the Tax Code. |
| C. | The BIR should first have the sale annulled before it may levy upon the land pursuant. |
| D. | The BIR should first have the sale rescinded for lesion to the government. |
| Answer» B. The BIR, without having the sale annulled may levy upon the land of (Mr.Reyes pursuant to the Tax Code. | |
| 150. |
Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. Which of the following constitutes an offer? |
| A. | an definite offer made through an agent |
| B. | business advertisement of things for sale |
| C. | advertisements for bidders |
| D. | a declaration of an intent to sell. |
| Answer» A. an definite offer made through an agent | |
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