McqMate
Chapters
| 301. |
A & B are married with children C & D, but were living separately from one another. A got married to E and begot children, F & G. After his death, E, F & G filed a petition for settlement of his estate. B, C &D intervened to claim their share of the estate and contended that since F & G are illegitimate as the marriage of A & E is void, their share is only ½ of the share of the legitimates. Is the contention correct? |
| A. | The contention of B, C & D that the marriage of A & E is void is not correct because only A & E can question the validity of their marriage. |
| B. | B, C & D can contest the validity of the marriage of A & E in the settlement of his estate as an exception to the rule due to the law on succession. |
| C. | There is no use to question the marriage of A & E anymore because it has become moot and academic due to A’s death. |
| D. | The contention of B, C and D is not correct as they should have filed the settlement of estate of A and put up the defense of invalidity of the marriage of A and E if their children would intervene. |
| Answer» B. B, C & D can contest the validity of the marriage of A & E in the settlement of his estate as an exception to the rule due to the law on succession. | |
| 302. |
A & B are married. They put into writing an agreement that they would live separately where they can live with other partners. A went to live with C, his childhood sweetheart, hence, B filed an action for legal separation invoking as ground, sexual infidelity. Will the action prosper? |
| A. | The action will prosper because of the act of A which is a ground under the law. |
| B. | The action will not prosper because of the consent of B. |
| C. | The action will prosper because the agreement is void as it is contrary to law and morals. |
| D. | The action will prosper because B is bound by the principle of estoppels by deed. |
| Answer» B. The action will not prosper because of the consent of B. | |
| 303. |
In the enumeration below, which is not a ground to dismiss an action for legal separation under the law? |
| A. | Condonation; |
| B. | Mutual guilt; |
| C. | Consent; |
| D. | Death. |
| Answer» D. Death. | |
| 304. |
A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper? |
| A. | The action will not prosper because B did not file a criminal case for frustrated parricide. |
| B. | The action will not prosper because there is a need for conviction of A for the crime committed. |
| C. | The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence. |
| D. | The action will not prosper because the act was a frustrated act of parricide, not attempted parricide. |
| Answer» C. The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence. | |
| 305. |
A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage? |
| A. | They can enter into a contract changing their property relationship and from its perfection, they would be bound by another property regime. |
| B. | They can enter into a contract to change their property regime and it binds them due to the principle of liberty of contracts. |
| C. | They can enter into a contract changing their property regime but must file a petition in court for its approval. |
| D. | They can enter into a contract changing the property relationship and be bound thereby because of the principle of mutuality of contracts. |
| Answer» C. They can enter into a contract changing their property regime but must file a petition in court for its approval. | |
| 306. |
A & B are married but due to conflicts, A left the conjugal dwelling and went to live with C, one of his children. Despite B’s pleas, A refused to return to the conjugal dwelling. Can B file an action to compel A to return? |
| A. | B can file an action to compel A to return to the conjugal dwelling because it is A’s duty to live with her. |
| B. | B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act. |
| C. | B can sue A for him to return to the conjugal dwelling because the law mandates him to live with her. |
| D. | B can file a petition for habeas corpus citing her children as respondents for them to produce the body of their father in court for the court to order A to return to the conjugal dwelling. |
| Answer» B. B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act. | |
| 307. |
A & B, lived together as husband and wife while A is legally married with children. They acquired properties in their coverture. After the death of A, where will his share go? |
| A. | His share of ½ of the properties shall go to the conjugal partnership in his marriage with A. |
| B. | His share shall go to his children with A. |
| C. | His share shall go to his children with his wife. |
| D. | All the properties acquired in their coverture shall go to the conjugal partnership of his legally wedded relationship. |
| Answer» D. All the properties acquired in their coverture shall go to the conjugal partnership of his legally wedded relationship. | |
| 308. |
A & B are married. A became a member of the US Armed Forces but when he came back to the Philippines he found out that his wife was cohabiting with his brother. When he went back to the USA, he divorced B; then got married to C. He died and in the petition for settlement of his estate, B contended that she is entitled to inherit. Is B correct? |
| A. | B is correct because of the original relationship between A & B. |
| B. | B is not correct because what governs the successional rights of A is his national law. |
| C. | B is correct because in Philippine law as A is only an American citizen from the point of view of USA law. |
| D. | B is correct because she acquired a vested right when they got married. |
| Answer» B. B is not correct because what governs the successional rights of A is his national law. | |
| 309. |
If homosexuality is concealed, it is a ground for: |
| A. | Annulment of marriage; |
| B. | Legal separation; |
| C. | Declaration of nullity of marriage; |
| D. | The other spouse to live separately from the other. |
| Answer» A. Annulment of marriage; | |
| 310. |
If a person who has been declared psychologically incapacitated, can he get married again? |
| A. | No, because it is a permanent incapacity. |
| B. | Yes, because the incapacity is merely partial. |
| C. | No, because he cannot give his consent due to mental psychoses. |
| D. | No, because he cannot comply with the essential duties to the marriage bond. |
| Answer» B. Yes, because the incapacity is merely partial. | |
| 311. |
A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who are liable? |
| A. | The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident. |
| B. | The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption. |
| C. | The parents of D can sue A & B, X & Y for damages who are solidarily liable. |
| D. | The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained. |
| Answer» A. The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident. | |
| 312. |
May the status of a child be the subject of a compromise or contract? |
| A. | Yes, provided it is freely agreed upon. |
| B. | Yes, because of the principle of mutuality of contracts; |
| C. | No, because of public policy as paternity and filiation must be judicially established; |
| D. | Yes, because it can be left to the will of the parties. |
| Answer» C. No, because of public policy as paternity and filiation must be judicially established; | |
| 313. |
How many years should a person be absent in order that he may be presumed dead including the opening of his succession? |
| A. | 7 |
| B. | 10 |
| C. | 4 |
| D. | 2 |
| Answer» B. 10 | |
| 314. |
How much of their properties may the future spouses donate to one another? |
| A. | 100% |
| B. | 50% |
| C. | 20% |
| D. | 25% |
| Answer» C. 20% | |
| 315. |
Is the prohibition against the spouses donating to one another during the marriage absolute? |
| A. | Yes, because it is contrary to law; |
| B. | Yes, because it is contrary to public policy; |
| C. | No, because they can give to one another gifts during the marriage within their capacity to purchase. |
| D. | Yes, because there might be under influence by one against the other. |
| Answer» C. No, because they can give to one another gifts during the marriage within their capacity to purchase. | |
| 316. |
A and B had amorous relationship resulting in the birth of C. B filed a claim for temporary support of her unacknowledged child which she sought in an action for the issuance of temporary protection order against A. Is the remedy proper? |
| A. | Yes, as an incident of the action for temporary protection order due to child abuse under RA 9262; |
| B. | Yes, because it is the duty of father to support the child; |
| C. | No, the remedy is to file an action for compulsory recognition to establish filiation; |
| D. | Yes, to be fair to the child who never asked to be born. |
| Answer» C. No, the remedy is to file an action for compulsory recognition to establish filiation; | |
| 317. |
The following are the characteristics of psychological incapacity, except: |
| A. | Juridical antecedents; |
| B. | Refusal to have sex; |
| C. | Grave; |
| D. | Incurable. |
| Answer» B. Refusal to have sex; | |
| 318. |
Which of the following statements is correct? |
| A. | A spouse who refuses to live with the other spouse can be declared as one suffering from psychological incapacity; |
| B. | A spouse who spends more time with his friends is suffering from psychological incapacity; |
| C. | A spouse who has a narcissistic personality disorder is suffering from psychological incapacity; |
| D. | A spouse who marries another during the marriages is suffering from psychological incapacity. |
| Answer» C. A spouse who has a narcissistic personality disorder is suffering from psychological incapacity; | |
| 319. |
What is the remedy of a spouse if the other leaves the conjugal dwelling and refuses to return and lives with the parents? |
| A. | File a petition for habeas corpus; |
| B. | File a complaint for specific performance to compel him/her to return; |
| C. | File a complaint for support; |
| D. | No remedy in court because the act of living together is a mere voluntary act which cannot be compelled by any proceeding in court. |
| Answer» D. No remedy in court because the act of living together is a mere voluntary act which cannot be compelled by any proceeding in court. | |
| 320. |
X and Y are married. They have a daughter Z. They are living in the house of Y’s parents, but left the house because of differences with his parents-in-law and his wife due to her refusal to leave the house. He was prevented from visiting his child and the latter was prevented from seeing her father? What is the remedy of X? |
| A. | File a petition for habeas corpus; |
| B. | File a complaint to compel the wife to live with her at a different place; |
| C. | File a complaint for damages; |
| D. | File a complaint for damages de to abuse of right. |
| Answer» A. File a petition for habeas corpus; | |
| 321. |
A and B are married. A filed an action for declaration of nullity of their marriage on the ground of psychological incapacity. In its judgment, the court decreed that a final decree of nullity shall be issued only after there is partition, distribution of the properties in accordance with Article 147 of the Family Code. |
| A. | The order is correct because the law requires distribution, partition and liquidation of the properties before the decree is issued; |
| B. | The order is not correct because the rules in Article 147, F.C. apply only if the marriage is declared void on the ground of psychological incapacity; |
| C. | The order is correct regardless of whether the marriage was declared void on the ground of psychological incapacity or because it is absolutely void because of a prior marriage |
| D. | none |
| Answer» B. The order is not correct because the rules in Article 147, F.C. apply only if the marriage is declared void on the ground of psychological incapacity; | |
| 322. |
A and B are married. A, with the use of fraud, sold a parcel of land belonging to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale void? |
| A. | No more because the action has already prescribed; |
| B. | Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10) |
| C. | No, because the 4-year period to file action based on fraud has prescribed; |
| D. | No, because the buyer is a buyer in good faith and for value. |
| Answer» B. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10) | |
| 323. |
After the heirs of an 80-year old man who disappeared for more than 5 years partitioned his properties, he re-appeared. What happens to the partition? |
| A. | It is automatically considered void since there was no transmission of successional rights; |
| B. | He can file an action for nullity; |
| C. | He can recover his properties in the condition in which it may be found and the price of any property that may have been alienate |
| Answer» C. He can recover his properties in the condition in which it may be found and the price of any property that may have been alienate | |
| 324. |
A and B got married which is not correct in the following statements, |
| A. | B must carry the surname of A; |
| B. | B may carry her maiden name and surname and add her husband’s surname; |
| C. | B may carry her maiden first name and her husband’s surname; |
| D. | B may carry her husband’s full name but prefixing a word indicating that she is the wife such as “Mrs.”. |
| Answer» A. B must carry the surname of A; | |
| 325. |
What is the requirement if the husband and wife would like to adopt? |
| A. | They can adopt jointly; |
| B. | They shall adopt jointly; |
| C. | They must adopt jointly; |
| D. | They may adopt jointly. |
| Answer» B. They shall adopt jointly; | |
| 326. |
What is the required age difference between the adopter and the adopted? |
| A. | 15 years; |
| B. | 20 years; |
| C. | 16 years; |
| D. | 14 years. |
| Answer» C. 16 years; | |
| 327. |
A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper? |
| A. | No, because it is not a joint petition; |
| B. | No, because the requirement of a joint petition for adoption is mandatory; |
| C. | Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369) |
| D. | No, because adoption rules are mandatory. |
| Answer» C. Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369) | |
| 328. |
Of the following statements, which is not correct? |
| A. | The guardian cannot adopt the ward before the approval of the final account to prevent commission of fraud in handling his properties; |
| B. | The guardian cannot adopt the ward because it might be used as a shield to commit fraud; |
| C. | The guardian cannot adopt the ward to prevent any prejudice to him; |
| D. | Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest. |
| Answer» D. Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest. | |
| 329. |
X has a daughter Y. She left for Italy to look for a job and worked there for 10 years but continued to support Y who was left under the custody of A and B. They filed a petition for adoption but did not present evidence of consent of X contending that Y has been abandoned by X. How do you think the court will decide? |
| A. | It will grant the petition to serve the best interest of the child; |
| B. | It will grant even without the consent of X due to abandonment; |
| C. | It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad; |
| D. | It will grant because having left Y for 10 years is considered as evidence of abandonment. |
| Answer» C. It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad; | |
| 330. |
Which of the following is not correct in relation to an adopted child? |
| A. | He inherits like a legitimate child; |
| B. | He cannot be preterited; |
| C. | He has the right of representation; |
| D. | By virtue of adoption, the adopter and the adopted acquire reciprocal obligations arising from their relationship. |
| Answer» C. He has the right of representation; | |
| 331. |
A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned. |
| A. | X shall inherit as A left no legitimate child; |
| B. | X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC) |
| C. | X and C can inherit together but C will inherit like an illegitimate chil |
| D. | (Art. 343, NCC) – It has been deleted by the Family Code.) |
| Answer» B. X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC) | |
| 332. |
A borrowed money from B. As security for the payment of the loan, he executed a chattel mortgage on the building erected on his land and the machinery stored therein. For failure to pay the loan, he was sued and a judgment was rendered against him, where the building and the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff? |
| A. | Yes, because the contract is the law between the parties; |
| B. | Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0; |
| C. | Yes, with respect to both the building and the machinery because of the principle of liberty of contracts; |
| D. | No, C is not bound at all because he is not a party to the contract. |
| Answer» B. Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0; | |
| 333. |
A leased a parcel of land to B. Without A’s consent, B constructed a warehouse. What is the nature of the warehouse? |
| A. | It is a personal property because the builder was in bad faith; |
| B. | It is a personal property because the builder is not the owner; |
| C. | It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (CA) 48 O.G. 4374) |
| D. | Personal because it is a structure which can be removed by the builder. |
| Answer» C. It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (CA) 48 O.G. 4374) | |
| 334. |
A leased a parcel of land from B. With B’s consent, A put up a manufacturing business on the property and attached a machinery. What is the nature of the machinery? |
| A. | The machinery is always a movable property. |
| B. | The machinery is now immovable by destination. |
| C. | The machinery can be considered immovable if there is a provision in the contract of lease that the same will become B’s property when the contract will expire. |
| D. | The parties cannot change the nature of the property even by agreement. |
| Answer» C. The machinery can be considered immovable if there is a provision in the contract of lease that the same will become B’s property when the contract will expire. | |
| 335. |
The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot belonging to Mr. P for non-payment of tax. A was the highest bidder. P was not able to redeem his property, hence, a title was issued in favor of A. He filed a motion for the issuance of a writ of possession over the house and lot. What is the right of Mr. P? |
| A. | A has to pay the value of the house because P is a builder in good faith. |
| B. | A has to pay the value of the house of P considering that when he moved for a writ of possession over the lot and the house, he appropriated P’s house. |
| C. | A does not have to pay the value of the house because when he became the owner of the land, he became the owner of the accessory which is the house. |
| D. | A does not have to pay the value of the house because the sale of the lot implies the sale of the house. |
| Answer» B. A has to pay the value of the house of P considering that when he moved for a writ of possession over the lot and the house, he appropriated P’s house. | |
| 336. |
Which of the following instances treats a building/structure as an immovable property? |
| A. | A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built. |
| B. | A barong-barong built by X on his lot. |
| C. | A building used as security in the payment of an obligation where a chattel mortgage is executed over it. |
| D. | A building bought for purposes of demolishing the same. |
| Answer» A. A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built. | |
| 337. |
Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process? |
| A. | Accretion |
| B. | Regalia Doctrine |
| C. | Alluvium |
| D. | Avulsion |
| Answer» D. Avulsion | |
| 338. |
River beds which are abandoned through the natural change in the course of the water belong to whom? |
| A. | Owners whose land are occupied by the new course in proportion to the area lost. |
| B. | Owners whose land are occupied by the bed course in proportion to the length of the area lost. |
| C. | Owners of the land adjoining the old bed in proportion to the area lost. |
| D. | Owners of the land adjoining the new bed in proportion to the area lost. |
| Answer» A. Owners whose land are occupied by the new course in proportion to the area lost. | |
| 339. |
A is a squatter on the land of B and constructed a house. When sued for forcible entry, he asked for reimbursement from B for the improvements. Is A correct? |
| A. | Yes, he is entitled to the extent of the value of the improvement; |
| B. | Yes, to the extent of 50% of the value of the improvement; |
| C. | Yes, but only for the expenses in the preservation of the land; (Art. 449, NCC) |
| D. | Yes, for the value of the necessary improvement. |
| Answer» C. Yes, but only for the expenses in the preservation of the land; (Art. 449, NCC) | |
| 340. |
A, B & C are the co-owners of a parcel of land. A constructed his house at the middle of the property, such that, when they partitioned it, his house was found to be intruding into the share of B. What is the right of B? |
| A. | A can be evicted by B. |
| B. | B can appropriate the portion of A’s house intruding into his share as A is a builder in bad faith. |
| C. | A may compel B to buy his house. |
| D. | Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement. |
| Answer» D. Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement. | |
| 341. |
A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision property being developed by XYZ Corporation. He did not know the exact location of the lot, hence, he consulted the developer who pointed to a lot, hence, he constructed his house. It turned out that it was another lot covered by TCT No. 124. Is A a builder in good faith? |
| A. | A is a builder in bad faith because he has a title over his property. |
| B. | A is a builder in good faith because, not being an expert he relied on the representation of the developer. |
| C. | A is a builder in bad faith because he should have known the boundaries of his property and the location of the same. |
| D. | A is a builder in bad faith because of his negligence in not asking a geodethic engineer to determine the exact location of his property. |
| Answer» B. A is a builder in good faith because, not being an expert he relied on the representation of the developer. | |
| 342. |
What are the rights of a builder in bad faith? |
| A. | The builder in bad faith may demand for the reimbursement of improvements of the land. |
| B. | The builder in bad faith may demand for the payment or reimbursement for necessary expenses for the preservation of the land and value of the building. |
| C. | The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building. |
| D. | The builder in bad faith is entitled to reimbursement of all expenses available for reimbursement. |
| Answer» C. The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building. | |
| 343. |
A owns a house and lot which is made of concrete materials. A then sold it to B for purposes of demolition. How do you classify the house? |
| A. | Personal property because it is subject of a contract of sale. |
| B. | Immovable property because by reason of immobilization by destination. |
| C. | Immovable because under Article 415 of the Civil Code, everything attached to an immovable property in a fixed manner in such way that it cannot be separated therefrom without breaking the material falls under immovable property. |
| D. | It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials. |
| Answer» D. It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials. | |
| 344. |
X leased real property situated in Malate, Manila which is owned by A. During the period of lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate the premises but not appropriate the improvement. Is X entitled to reimbursement of the improvements? |
| A. | No, because he is a builder in bad faith. |
| B. | Yes, because he is considered in good faith. |
| C. | No, because he can remove the improvements. |
| D. | Yes, to the extent only of one-half of the value of the improvements if the lessor appropriates it. |
| Answer» C. No, because he can remove the improvements. | |
| 345. |
X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y’s taxicab. Who owns the celphone? |
| A. | Y is the owner under the principle of finder’s keepers. |
| B. | Y is the owner as he is in actual possession. |
| C. | X is the owner as he was deprived of possession. |
| D. | Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication. |
| Answer» D. Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication. | |
| 346. |
By hidden treasure is understood, for legal purposes, any hidden and unknown deposit except: |
| A. | Money |
| B. | Precious objects |
| C. | Jewelry |
| D. | Mineral deposits |
| Answer» D. Mineral deposits | |
| 347. |
To whom does hidden treasure which is discovered belong? |
| A. | Hidden treasure belongs to the owner of the land, building, or other property on which it is found. |
| B. | Hidden treasure belongs to the State because of the Regalian Doctrine in which the full ownership of all natural resources on natural matter than may be found in the bowels of the earth shall belong to the State. |
| C. | Hidden treasure belongs to the person who finds it. |
| D. | Hidden treasure belongs to the State, owner of the land in which it is found and to its finders. |
| Answer» A. Hidden treasure belongs to the owner of the land, building, or other property on which it is found. | |
| 348. |
A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A’s land which proved positive. With A’s consent, B extracted the hidden treasure. Is B entitled to 1/2? |
| A. | No, because he is not a finder by chance due to his intention; |
| B. | No, because he should have found it by sheer luck; |
| C. | Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it; |
| D. | No, he is entitled merely to compensation for his efforts. |
| Answer» C. Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it; | |
| 349. |
Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ½? |
| A. | No, because he is a trespasser; |
| B. | No, because since he has a map, he is not a finder by chance; |
| C. | Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser; |
| D. | No, because by chance means good luck. |
| Answer» C. Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser; | |
| 350. |
A & B entered into a contract of sale over A’s car for P500,000.00. A has to register the car first before payment and delivery. After the registration of the car, A called up B that the car was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay before delivery. B was able to convince the driver to leave the car at his garage and will just deposit the amount with A’s account for fear that the driver might be the subject of a hold-up. Instead of depositing the amount, he sold the car to C. Can A recover the car from C? |
| A. | A cannot recover the car anymore because B has become the owner by virtue of delivery. |
| B. | A can recover the car from C because he was unlawfully deprived. |
| C. | A cannot recover from C because he is a buyer in good faith and for value. |
| D. | A’s only remedy is to file an action for sum of money against B. |
| Answer» B. A can recover the car from C because he was unlawfully deprived. | |
| 351. |
A ordered books from Rex Publishing worth P1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books? |
| A. | Rex Publishing can recover the books because it was unlawfully deprived when the check was dishonored. |
| B. | Rex Publishing can file an action for rescission of the contract. |
| C. | Rex Publishing can file an action for sum of money against A, or file criminal cases for violation of BP22 and Art. 315, RPC. |
| D. | Rex Publishing can file an action for declaration of nullity of the contract of sale. |
| Answer» C. Rex Publishing can file an action for sum of money against A, or file criminal cases for violation of BP22 and Art. 315, RPC. | |
| 352. |
A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D’s act valid and what is the remedy of the brothers? |
| A. | No, because she is a minority co-owner, the decision of the majority prevails; |
| B. | No, because while it is an alteration the consent of the controlling interest is merely required; |
| C. | Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed; |
| D. | No, because it is prejudicial to their common interest. |
| Answer» C. Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed; | |
| 353. |
A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of 90 square meters. A sued B and C for partition. How do you thing the court will decide? |
| A. | It will grant the action since land is basically divisible; |
| B. | It will dismiss because the land is so small; |
| C. | It will dismiss because the land is so small that to divide it will render it useless for the purpose it is intended; |
| D. | It will grant the action otherwise, A, B and C will be deprived of their right to make use of the property. |
| Answer» C. It will dismiss because the land is so small that to divide it will render it useless for the purpose it is intended; | |
| 354. |
In the question above, where D refuses to agree, what would be your advice to A, B and C? |
| A. | I would advice them to file a suit to compel her to give consent; |
| B. | I would advice them to sue her for damages; |
| C. | I would advice them to file an action for partition; |
| D. | I would advice them to develop the land and leave a portion equivalent to the share of D. |
| Answer» C. I would advice them to file an action for partition; | |
| 355. |
In the question above, A, B and C agreed to use the amount of P100M left by their parents for the development of the land. D disagreed. Is D’s act correct? |
| A. | No, because it is prejudicial to the interest of the co-ownership; |
| B. | Yes, because the expenditure is not a mere act of administration, but an act of dominion; |
| C. | Yes, because the expenditure is not a mere act of administration but an act of dominion which needs the consent of all; |
| D. | No, because being trustees of one another, they are presumed to act favorably for every co-owner. |
| Answer» C. Yes, because the expenditure is not a mere act of administration but an act of dominion which needs the consent of all; | |
| 356. |
A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the property. Is the partition valid? |
| A. | The contract of partition is void because it was not put into writing. |
| B. | The contract is unenforceable because it was not put into writing. |
| C. | The contract is valid because a contract can be in any form. |
| D. | The contract is valid and enforceable because in matters of realty, the Statute of Frauds governs only conveyances and leases and partition is not a lease; it is not a conveyance but merely segregation of a property. |
| Answer» D. The contract is valid and enforceable because in matters of realty, the Statute of Frauds governs only conveyances and leases and partition is not a lease; it is not a conveyance but merely segregation of a property. | |
| 357. |
A, B & C are the co-owners of a parcel of land. They leased it to D. For failure to pay the rents, A alone sued D. Will the action prosper? |
| A. | The action will not prosper because B & C are indispensable parties. |
| B. | The action will not prosper because of failure to implead B & C who are real parties in interest. |
| C. | The action will prosper because anyone of the co-owners may sue for ejectment. |
| D. | The action will not prosper because the suit by A is not in representation of the co-ownership. |
| Answer» C. The action will prosper because anyone of the co-owners may sue for ejectment. | |
| 358. |
What is the status of the sale of the whole property by one co-owner? |
| A. | Valid sale as to the whole property. |
| B. | Valid sale only as to the share of the seller co-owner. |
| C. | Sale is void on whole property as there is no consent from the other co-owner. |
| D. | Unenforceable |
| Answer» B. Valid sale only as to the share of the seller co-owner. | |
| 359. |
Which of the following is false with regard to the prescription on action to quiet title? |
| A. | If the plaintiff is in possession, the action to quiet title does not prescribe. |
| B. | If the plaintiff is not in possession, it may prescribe. |
| C. | Whether the plaintiff is in possession or not, the action to quiet title will prescribe. |
| D. | none |
| Answer» C. Whether the plaintiff is in possession or not, the action to quiet title will prescribe. | |
| 360. |
What should a co-owner do inorder that he can recover expenses in the alteration of co-ownership? |
| A. | Not secure the consent of the other co-owners anyway it is for the benefit of the co-ownership. |
| B. | Secure a unanimous consent of the co-owners. |
| C. | Not secure consent of the co-owners since they did not contribute for the alteration of the property. |
| D. | Secure the consent of majority of the co-owners. |
| Answer» B. Secure a unanimous consent of the co-owners. | |
| 361. |
The following are some of the characteristics of a co-ownership except one: |
| A. | A co-owner is in a sense a trustee for the other co-owners. |
| B. | Co-ownership has judicial personality. |
| C. | There must be more than one subject or owner. |
| D. | Regarding the physical whole, each co-owner must respect each other in the common use, enjoyment or preservation of the physical whole. |
| Answer» B. Co-ownership has judicial personality. | |
| 362. |
Within what period should the owner of a property subject of avulsion recover the lost property? |
| A. | 2 years |
| B. | 3 months |
| C. | 6 months |
| D. | 1 year |
| Answer» A. 2 years | |
| 363. |
A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same. |
| A. | B and C can redeem the said property after paying the foreclosed amount. |
| B. | A should pay B and C corresponding to the value of their respective share. |
| C. | B and C may redeem the property only to the extent of their respective shares. |
| D. | none |
| Answer» C. B and C may redeem the property only to the extent of their respective shares. | |
| 364. |
A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the whole property without the consent of B and C. Is the sale valid? |
| A. | Yes, it is valid, because the right of alienation is one of his rights over the ideal shares in the co-ownership. |
| B. | No, it is invalid, because the consent of his co-owners is material for the sale to be valid. |
| C. | Yes, it is valid because the co-owners did not object when he sold his part. |
| D. | No, it is invalid because a co-owner cannot sell his part to third person without offering it first to his co-owners. |
| Answer» A. Yes, it is valid, because the right of alienation is one of his rights over the ideal shares in the co-ownership. | |
| 365. |
Which of the following is a characteristic of a co-ownership? |
| A. | The co-ownership possess juridical personality. |
| B. | Regarding the ideal share, each co-owner does not hold any control over the same. |
| C. | A co-owner is in a sense a trustee for the other co-owner. |
| D. | Regarding the physical whole, a co-owner uses and enjoys the same to the exclusion of the others. |
| Answer» C. A co-owner is in a sense a trustee for the other co-owner. | |
| 366. |
Which of the following is not a ground for extinguishment of a usufruct? |
| A. | Prescription |
| B. | Bad use of the thing in usufruct. |
| C. | Total loss of the thing in usufruct |
| D. | Non-user for 6 months. |
| Answer» B. Bad use of the thing in usufruct. | |
| 367. |
In taking care of the thing in usufruct, what degree of diligence is required? |
| A. | Good father of a family |
| B. | Utmost diligence |
| C. | Ordinary diligence |
| D. | Extraordinary diligence |
| Answer» A. Good father of a family | |
| 368. |
In 2001, A granted a usufruct over his building to B until February 23, 2011 when C, the son of B would have reached the age of 25. C died at the age of 23 in 2009. What happened to the usufruct? |
| A. | The usufruct was extinguished; |
| B. | The death terminated the usufruct; |
| C. | The usufruct subsists because a usufruct granted for the time that may elapse before a third person reaches a certain age shall subsist for a number of years specified even if the third person should die unless there is a stipulation to the contrary (Art. 606, NCC) |
| D. | The usufruct continues because B, the trustee is still alive. |
| Answer» C. The usufruct subsists because a usufruct granted for the time that may elapse before a third person reaches a certain age shall subsist for a number of years specified even if the third person should die unless there is a stipulation to the contrary (Art. 606, NCC) | |
| 369. |
A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct? |
| A. | Yes, because of prescription and laches; |
| B. | No, because there was no formal prohibition by means of an instrument acknowledged before a notary public prohibiting B from obstructing his easement of light and view; |
| C. | No, because A did not observe the 2-meter distance between the windows since the view is direct and the lot of B (Non-observance of the distances does not give rise to prescription.) |
| D. | Both B and C. |
| Answer» D. Both B and C. | |
| 370. |
A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct? |
| A. | B is correct because possession of a parcel of land for ten (10) years in good faith will ripen to ownership. |
| B. | B is correct because of laches. |
| C. | B is wrong because an easement of right of way cannot be acquired by prescription as while it is apparent it is not however not continuous. |
| D. | B is correct because with the continuous use of the easement, prescription lied. |
| Answer» C. B is wrong because an easement of right of way cannot be acquired by prescription as while it is apparent it is not however not continuous. | |
| 371. |
A is the owner of a parcel of land, which is a part of a subdivision property being developed by XYZ Corporation. His lot is adjacent to the road belonging to ABC Corporation hence, he used to pass through the road going to the national highway. In 2009, ABC Corporation constructed a fence on its property, thus closing the road. Can A demand the reopening of the road? |
| A. | A can demand for the reopening of the road because he acquired the right to use it by prescription. |
| B. | A can demand for the reopening of the road because it is the nearest to the highway. |
| C. | A cannot demand for the reopening of the road because there is an adequate road of the subdivision belonging to XYZ Corporation. |
| D. | A can demand for the reopening of the road because the roads of the subdivision of XYZ Corp. where his lot is located are not yet fully developed, hence, it is very inconvenient for him to pass thru the same. |
| Answer» C. A cannot demand for the reopening of the road because there is an adequate road of the subdivision belonging to XYZ Corporation. | |
| 372. |
What is the test in determining whether a person may demand an easement of right of way? |
| A. | Least prejudicial to the servient estate and the shortest distance to the highway. |
| B. | Most prejudicial to the servient estate but shortest distance to the highway. |
| C. | Creation of another way which is shortest to the highway and closing the previous right of way. |
| D. | Total inadequacy. |
| Answer» D. Total inadequacy. | |
| 373. |
A donated a property to B, but the property is surrounded by A’s property. What is the right of B? |
| A. | Ask A for right of way without indemnity. |
| B. | Ask A for right of way with indemnity. |
| C. | Ask A to donate another property for B’s right of way. |
| D. | Sue A for a right of way without indemnity. |
| Answer» B. Ask A for right of way with indemnity. | |
| 374. |
In the establishment of an easement of right of way which is likened to the exercise of the power of eminent domain, the owner can validly contend that the compensation due the owner should be computed based on the |
| A. | Value when the road was constructed |
| B. | Date of filing the action in court |
| C. | Date of the judgment |
| D. | Value of the land and the amount of damage caused to the servient estate. |
| Answer» D. Value of the land and the amount of damage caused to the servient estate. | |
| 375. |
A & B had an agreement for A to use B’s property as a right of way. Five (5) years later, an adequate outlet was opened to a highway near A’s property, hence, B filed an action to cancel the encumbrance of voluntary easement of right of way. The RTC granted. The CA may rule that: |
| A. | the RTC is correct because A has no more use of the easement. |
| B. | the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties. |
| C. | the RTC is correct especially so that the dominant estate has been sol |
| Answer» B. the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties. | |
| 376. |
When is donation deemed perfected? |
| A. | Upon the signing of the deed of donation; |
| B. | When the donor comes to know of the acceptance of the donation by the donee; |
| C. | Upon delivery of the object of donation; |
| D. | Upon registration of the deed of donation. |
| Answer» B. When the donor comes to know of the acceptance of the donation by the donee; | |
| 377. |
The deed of donation by A in favor of B states: “Donation Inter Vivos” but there is a provision that although the land donated shall be delivered to the donee immediately upon perfection of the same with right to enjoy the fruits of the land, it will pass to the donee after the death of the donor. After the donor’s death, the heirs sought to recover the property. Will the action prosper? |
| A. | No, because since the donation is a inter vivos, it took effect driving the lifetime of the donor; |
| B. | No, because the donee has acquired ownership over the property; |
| C. | Yes, because the donation is a donation mortis causa hence, it has to comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC) |
| D. | No, because a donation inter vivos is irrevocable. |
| Answer» C. Yes, because the donation is a donation mortis causa hence, it has to comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC) | |
| 378. |
A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A became insane and still insane when he received the notice of acceptance of the donation. He died without recovering his sanity. Is the donation valid? |
| A. | Yes, because at the time of the donation, he was capacitated; |
| B. | Yes, because the acceptance can even be conveyed to his legal representatives; |
| C. | Yes, because there is only one moment which must be considered inorder to determine the donor’s capacity to make donation, that is the time of the making of the donation (Art. 737, NCC) when he offered to donate; |
| D. | No, Article 737 declares that the donor’s capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation. |
| Answer» D. No, Article 737 declares that the donor’s capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation. | |
| 379. |
State the nature of this donation: “I hereby donate to X “mortis causa” a 1000 square meter lot worth P10M subject to the condition that this donation shall be deemed revoked if he fails to build a house on the land worth P1M within one (1) year from date hereof and delivery shall be made after my death.” |
| A. | It is a donation mortis causa as intended; |
| B. | It is a donation mortis causa since delivery will be made after death, it will be effective only from that time; |
| C. | Donation inter vivos that is conditional, the designation not controlling and that the conditions indicate that it is inter vivos; |
| D. | Mortis causa as it will take effect after death as delivery will confer ownership upon the done. |
| Answer» C. Donation inter vivos that is conditional, the designation not controlling and that the conditions indicate that it is inter vivos; | |
| 380. |
“I hereby donate to A” a parcel of land subject to the condition that he will support me for the rest of my life, shoulder my hospitalization and burial expenses.” What is the nature of the donation? |
| A. | Remuneratory donation inter vivos; |
| B. | Conditional donation inter vivos; (obligation imposed is merely a charge or burden whose value is less than the value of the thing given.) |
| C. | Onerous donation inter vivos; (the obligation to defray the support, etc. indicates that such obligation is the consideration for the donation and vice versa. The properties donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata, 46 Phil. 668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC) |
| D. | Conditional donation which can be revoked. |
| Answer» C. Onerous donation inter vivos; (the obligation to defray the support, etc. indicates that such obligation is the consideration for the donation and vice versa. The properties donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata, 46 Phil. 668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC) | |
| 381. |
A donated a house and lot to B orally. Since then, B has been in possession for a period of 30 years declaring the same for taxation purposes. Is the donation valid? |
| A. | No, the donation is void because it was not put into writing. |
| B. | Yes, the oral donation can be the basis of a valid title because of laches. |
| C. | No, the donation is void because it was not put into a public instrument. |
| D. | Yes, the donation is valid because a contract can be valid in any form. |
| Answer» C. No, the donation is void because it was not put into a public instrument. | |
| 382. |
A executed a deed of donation to the DECS subject to the condition that it be devoted for educational purposes. The DECS did not accept it in the same instrument or in an authentic writing but took possession of the property and constructed a school building. Twenty (20) years thereafter, it executed a deed of exchange with B for a bigger property. Can A revoke the donation? |
| A. | A can ask for the recoveyance of the property because the donation is void as it was not accepted by DECS in the same instrument. |
| B. | A cannot ask for reconveyance because there was acceptance thru DECS possession and compliance with the condition. |
| C. | A can recover because DECS did not comply with the condition. |
| D. | A cannot recover because of prescription. |
| Answer» B. A cannot ask for reconveyance because there was acceptance thru DECS possession and compliance with the condition. | |
| 383. |
May a person sell that which he does not own? |
| A. | No, otherwise the sale is void; |
| B. | No, otherwise, the seller cannot confer ownership upon the vended; |
| C. | Yes, provided that he is the owner at the time of the delivery; |
| D. | No, otherwise, the buyer would be prejudiced. |
| Answer» C. Yes, provided that he is the owner at the time of the delivery; | |
| 384. |
May a person donate that which he does not own? |
| A. | Yes, provided that it is accepted by the donee; |
| B. | Yes, provided that he can deliver it; |
| C. | No, because he cannot confer ownership of something he does not own; |
| D. | Yes, provided that the parties agree. |
| Answer» C. No, because he cannot confer ownership of something he does not own; | |
| 385. |
May an oral donation propter nuptias be the basis of a title? |
| A. | No, because it must be in a public instrument; |
| B. | No, because it must be in writing; |
| C. | Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459); |
| D. | No, because it is not effective as a transfer of title. (Heirs of Maningding v. CA, 31 July 1987; Gesmundo v. CA, 23 December 1999). |
| Answer» C. Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459); | |
| 386. |
A executed a deed of donation in favor of B who accepted it. It however states that the donation will take effect upon A’s death and B cannot alienate, but it further states that B can register the deed and obtain a title. What is the nature of the donation? |
| A. | Mortis causa; |
| B. | Conditional donation inter vivos; |
| C. | Inter vivos; |
| D. | Conditional donation mortis causa. |
| Answer» C. Inter vivos; | |
| 387. |
A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the sale valid? |
| A. | Yes, because of automatic revocation for failure to comply with the condition; |
| B. | Yes, because A was exercising a right; |
| C. | No, because of the absence of automatic revocation clause; |
| D. | Yes, because he was still the owner at the time of the sale. |
| Answer» C. No, because of the absence of automatic revocation clause; | |
| 388. |
What is the status of a conditional donation if the condition imposed is unlawful? |
| A. | Donation is void because it contains an illegal condition. |
| B. | Donation is valid but the condition is considered as not imposed. |
| C. | Donation is unenforceable. |
| D. | Donation is voidable. |
| Answer» B. Donation is valid but the condition is considered as not imposed. | |
| 389. |
What kind of donation requires compliance with the elements of a valid will? |
| A. | Donations mortis causa |
| B. | Conditional donation |
| C. | Donations inter vivos |
| D. | Donations in consideration of marriage |
| Answer» A. Donations mortis causa | |
| 390. |
What is the effect if there is an illegal and impossible condition in a simple donation? |
| A. | The illegality or impossibility of the condition will annul not only the condition but also the obligation even if the impossible condition is a condition not to do. |
| B. | The illegality or impossibility of the condition will annul not only the condition but also the obligation unless the impossible condition is a condition not to do. |
| C. | The donation is valid because the illegal or impossible condition is simply considered as not impose |
| D. | Hence, the condition is void but the donation is valid. |
| Answer» C. The donation is valid because the illegal or impossible condition is simply considered as not impose | |
| 391. |
Is a swimming pool an attractive nuisance? |
| A. | Yes, because it is attractive to persons of tender age at play. |
| B. | Yes, if there are instruments and implements that make it different from an ordinary body of water. |
| C. | No, because it is just a mere duplication of a body of water. |
| D. | No, if the owner employed means to protect the lives and limbs of persons who enter into it. |
| Answer» B. Yes, if there are instruments and implements that make it different from an ordinary body of water. | |
| 392. |
A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide? |
| A. | It will declare the will void because there are only two (2) witnesses; |
| B. | It will declare the will void because the notary public cannot subscribe before himself; |
| C. | It may grant the probate and consider it a holographic will |
| D. | It will declare the will extrinsically void. |
| Answer» C. It may grant the probate and consider it a holographic will | |
| 393. |
The following are the questions which a probate court can determine, except: |
| A. | Question on the identity of the will; |
| B. | Question on the due execution of the will |
| C. | Question of validity and nature of contracts |
| D. | Question on the capacity of the testator. |
| Answer» C. Question of validity and nature of contracts | |
| 394. |
Of the enumeration below, which is not a limitation of fideicommissary substitution? |
| A. | The substitution must not go beyond one degree from the heir originally instituted (Art. 863, NCC); |
| B. | The fiduciary and the fideicommissary must be living at the time of the death of the testator (Art. 863); |
| C. | The substitution can burden the legitime (Art. 864); |
| D. | The substitution must be made expressly (Art. 865). |
| Answer» D. The substitution must be made expressly (Art. 865). | |
| 395. |
In the will of Doña A, one of the beneficiaries is the wife of the minister who rendered aid to the testator during the latter’s illness. Is she qualified? |
| A. | No, because of the possibility of undue influence that may have been exerted by the minister; |
| B. | No, because since the priest is disqualified, the will is a circumvention of the prohibition; |
| C. | Yes, because the law extends the disqualification of priests and ministers of the gospel to their relatives within the fourth degree as well as the church, order chapter, community or institution to which they may belong. (Art. 1027(2); |
| D. | No, because what cannot be done directly, it cannot be done indirectly. |
| Answer» C. Yes, because the law extends the disqualification of priests and ministers of the gospel to their relatives within the fourth degree as well as the church, order chapter, community or institution to which they may belong. (Art. 1027(2); | |
| 396. |
A left a gross estate of P600,000.00 and debts amounting to P60,000.00. He was survived by his wife, three (3) legitimate children, and acknowledged illegitimate child and an unacknowledged adulterous child. How will you divide the estate? |
| A. | I will divide the estate giving ½ to the legitimates; ¼ to the wife and the rest to the two (2) illegitimates; |
| B. | I will distribute it by giving ½ to the legitimates; same share as one of the legitimates to the widow; the illegitimates will get ½ of the share of each of the legitimates; |
| C. | I will divide the estate equally among the legitimate children and the widow; |
| D. | I will not give the illegitimates because of the iron curtain. |
| Answer» B. I will distribute it by giving ½ to the legitimates; same share as one of the legitimates to the widow; the illegitimates will get ½ of the share of each of the legitimates; | |
| 397. |
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. | |
| 398. |
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. | |
| 399. |
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. | |
| 400. |
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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