Philippines Civil Law Society Multiple Choice Questions
1. A executed a will consisting of ten pages. At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition.
A. The testator and the instrumental witnesses must sign.
B. The defect is fatal if there is failure to have the original signatures.
C. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitt
Answer: C. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitt
2. A, a minor, executed a last will and testament. He died at the age of 21, after which his will was submitted to probate. If you were the judge, would you approve it?
A. Yes, because the will is valid.
B. Yes, because the testator is capacitated.
C. No, because the will is vo
Answer: C. No, because the will is vo
3. The attestation clause of X’s will do not contain his signature. At its probate, it is being opposed on that basis. Is the opposition correct? Choose the best answer.
A. Yes, because it is fatal defect.
B. Yes, the will is not valid.
C. No, attestation clause is not an act of the testator.
D. No, attestation clause is not a part of a will.
Answer: C. No, attestation clause is not an act of the testator.
4. After A has executed a will, he tore it out of anger because B and C were disputing the fact that a house and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.
A. The mere act of A is immaterial
B. The tearing of the will may amount to revocation
C. The tearing of the will may amount to revocation if coupled with intent of revoking it.
D. The act of tearing the will is material.
Answer: C. The tearing of the will may amount to revocation if coupled with intent of revoking it.
5. What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best answer.
A. No, transmission of right from the first heir to the second.
B. No right of representation
C. The right shall be transmitted to the heirs of the second heir.
D. None of the above.
Answer: C. The right shall be transmitted to the heirs of the second heir.
6. Suppose the reservista is survived by the uncles and aunts and by the nephews and nieces of the propositus, who shall be entitled to the property reserved? Choose the best answer.
A. The uncles and aunts shall inherit the property
B. The nephews and nieces of the decedent survive and are willing and qualified.
C. The uncles and nephews shall inherit together.
D. The aunts and nieces shall inherit together.
Answer: B. The nephews and nieces of the decedent survive and are willing and qualified.
7. X and Y are married. The marriage was contracted under articulo mortis, and the testator died within 3 months from the time of marriage. What is X’s share of his spouse’s inheritance? Choose the best answer.
A. The surviving spouse shall inherit the whole hereditary estate.
B. The surviving spouse shall inherit ½ of the estate.
C. The surviving spouse shall inherit 1/3 of the estate.
D. The surviving spouse shall inherit ¾ of the estate.
Answer: C. The surviving spouse shall inherit 1/3 of the estate.
8. X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his inheritance from his father. Upon X’s death, will the right of accretion apply?
A. Yes, A may renounced his inheritance from his father.
B. Yes, the right of accretion applies.
C. No, because the renunciation is vo
Answer: B. Yes, the right of accretion applies.
9. A repudiated his inheritance from his father. Can he be represented by his son, B?
A. Yes, repudiation do not affect right of representation.
B. No, because heirs who repudiate their share may not be represented.
C. Yes, because the act of repudiation is contrary to public policy.
D. None of the above.
Answer: B. No, because heirs who repudiate their share may not be represented.
10. If a compulsory heir is disinherited, is it limited to his legitime?
A. No, it also covers the free portion.
B. Yes, it is limited only to his legitime.
C. Disinheritance affect only the free portion but not the legitime
D. None of the above.
Answer: A. No, it also covers the free portion.
11. Rights to succession are transmitted:
A. On date of last will and testament
B. On probate of will
C. On death of testator
D. On date of death of surviving heir
Answer: C. On death of testator
12. What law shall determine the validity of a will?
A. The national law of testator
B. The law at the time it is made
C. The law at the time of probate of the will
D. The law at the time of death of the testator
Answer: B. The law at the time it is made
13. A holographic has no date except one found on the first page, is the will valid?
A. Yes, because the law does not specify the place where the date should be placed.
B. No, because the date should be after the signature of the testator.
C. No, because it did not follow the requirements of law.
D. Yes, because the intention of the testator must be respected.
Answer: A. Yes, because the law does not specify the place where the date should be placed.
14. In case a holographic will is lost, can it still be probated?
A. No, because the best and only evidence of the handwriting is the will itself.
B. No, the probate court has no jurisdiction.
C. No, because the testator is still living.
D. Yes, because secondary evidence may be presented.
Answer: A. No, because the best and only evidence of the handwriting is the will itself.
15. Disposition captatoria means that the heir shall make provisions in his will:
A. In favor of another heir
B. In favor of testator or any other person
C. In favor of the state
D. In favor of a legatee
Answer: B. In favor of testator or any other person
16. Preterition or omission of one, some, or all the compulsory heirs, or some of compulsory heirs in the direct line whether living at the time of the execution of the will or born after the death of the testator shall:
A. Make the will voidable
B. Make the will void
C. Annul the institution of heirs
D. Make the will unenforceable
Answer: C. Annul the institution of heirs
17. After the probate of a will, may a case for forgery be filed against an instituted heir?
A. No, because the probate of the will is an evidence of its due execution and authenticity.
B. No, because the probate of the will is a justifying circumstance.
C. Yes, because a forgery is a criminal action.
D. Yes, because this is a statutory right.
Answer: A. No, because the probate of the will is an evidence of its due execution and authenticity.
18. When an injury or damage is caused to another, there being fault or negligence and there is no pre-existing contractual relation between the parties, the source of the obligation is:
A. Law
B. Contracts
C. Quasi-contracts
D. Quasi-delicts
Answer: D. Quasi-delicts
19. The bailee has the right to be reimbursed in full for advances he made for extraordinary expenses of preservation of the subject matter in commodatum.
A. he gave notice to the bailor before he incurred the expense.
B. if the extraordinary expense arose out of the actual use of the thing.
C. if the bailee was negligent in the use of the thing borrow
Answer: A. he gave notice to the bailor before he incurred the expense.
20. What are the objectives of Probate proceedings?
A. Probate proceedings seek to establish the identity of the will, its genuineness and due execution, and the testamentary capacity of the testator.
B. Probate seeks to determine whether the will is formally valid.
C. Probate seeks to determine whether the will is intrinsically val
Answer: B. Probate seeks to determine whether the will is formally valid.
21. The borrower in a contract of loan or mutuum must pay interest to the lender.
A. if there is an agreement in writing to that effect.
B. as a matter of course.
C. if the amount borrowed is very large.
D. if the lender so demands at the maturity date.
Answer: A. if there is an agreement in writing to that effect.
22. Disinheritance is the process or act through testamentary disposition of depriving in a will any compulsory heir of his legitime for true and lawful causes. The requisites are:
A. Must be a valid will with legal, true and existing cause expressly stated.
B. Must be total and complete and said cause stated in the will.
C. The disinherited heir must be clearly identified and the will is not revok
Answer: D.
23. What crimes committed by a convict will disqualify him as an instrumental witness to a will?
A. Falsification of public document.
B. Perjury and false testimony.
C. Slander by de
Answer: D.
24. This party in a reserva troncal is the descendant (brother or sister) whose death gives rise to the reserve and from whom therefore the third degree is counted is known as:
A. Origin
B. Propositus
C. Reservista
D. Reservatorios
Answer: B. Propositus
25. A has a son B and the latter adopted C. B predeceased his father. Can C represent B in the inheritance of A?
A. Yes, he is a compulsory heir.
B. Yes, he is the legal representative.
C. No, there is no blood relationship between A and C.
D. No, he is a voluntary heir.
Answer: C. No, there is no blood relationship between A and C.
26. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After X’s death and the probate of his will, are the conveyed properties subject to collation for determination of the heirs’ legitime?
A. No, because X is no longer the owner of the conveyed properties.
B. No, because there was no gratuitous conveyance.
C. Yes, because the heirs are already the owners of the conveyed properties.
D. Yes, they are considered advanced legitime.
Answer: B. No, because there was no gratuitous conveyance.
27. Can a criminal convicted of a crime which carries civil interdiction execute his will?
A. Yes, it is his statutory right.
B. No, it is an accessory penalty.
C. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
D. No, it is inconsistent with public policy.
Answer: C. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
28. Spouses M and N executed two (2) separate wills containing the same provisions. After their death, their compulsory heirs filed a petition for joint probate of their wills. One of the voluntary heirs objected because joint probate is invalid. Is the objection tenable?
A. Yes, joint wills are not allowed in the Civil Code.
B. Yes, because the wills have different voluntary heirs.
C. No, because M and N are spouses.
D. No, because practicable considerations dictate the joint probate of the wills.
Answer: D. No, because practicable considerations dictate the joint probate of the wills.
29. X was disinherited by his father Y. In the probate of Y’s will, can the children of X represent their disinherited father?
A. No, the disinheritance affects the heirs of the disinherited person.
B. Yes, representation is allowed in case of disinheritance.
C. Yes, substitution of the disinherited person is allow
Answer: B. Yes, representation is allowed in case of disinheritance.
30. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse.
A. 1/3
B. ¼
C. 1/8
D. ½
Answer: A. 1/3
31. A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. Will this action prosper?
A. No, the probate of the will is an evidence of the due execution of the will.
B. No, the probate is a justifying circumstance.
C. Yes, forgery is a criminal action.
D. Yes, this is a statutory right.
Answer: A. No, the probate of the will is an evidence of the due execution of the will.
32. In reserve troncal the relatives within third degree coming from the same line inherit from:
A. Descendant propositus
B. Reservista
C. Origin
D. Testator
Answer: A. Descendant propositus
33. The renunciation or repudiation of inheritance shall take effect:
A. Date of repudiation or renunciation
B. Date of will
C. Date of allowance of will
D. Date of death of testator
Answer: D. Date of death of testator
34. Disposition Captatoria is void because the heir makes a disposition in his will in favor of:
A. another heir
B. testator
C. the State
D. a legatee or devisee
Answer: B. testator
35. May the alluvial deposits be lost by prescription in favor of another? Choose the best answer.
A. No, because there is registration by fiction of law.
B. No, because it is covered by a Torrens title.
C. Yes, because it is not covered by a Torrens title.
D. Yes
Answer: A. No, because there is registration by fiction of law.
36. The northeastern portion of the land of X is bounded by the Manila bay. If there is accretion formed, who owns the accretion? Choose the best answer.
A. The riparian owner.
B. The accretion belongs to the state.
C. The owner of the contiguous la
Answer: B. The accretion belongs to the state.
37. Which of the following is not a characteristic of a co-ownership?
A. There must be more than one subject or owner.
B. There is one physical whole divided into ideal shares.
C. Each share is definite in amount, but is not physically segregated from the first.
D. The co-ownership has juridical personality.
Answer: D. The co-ownership has juridical personality.
38. The following are modes of extinguishing usufruct except,
A. Expiration of the period for which it was constituted.
B. Merger of the usufruct and ownership in the same person.
C. Total loss of the thing.
D. Bad use of the thing in usufruct.
Answer: D. Bad use of the thing in usufruct.
39. X,Y, and Z are co-owners of a real property which was mortgaged to A. X redeemed it during the period of redemption with his personal funds. Did X become the sole owner of the property, thereby terminating the co-ownership?
A. Yes, because his redemption vest in him sole ownership.
B. Yes, because the funds belong to him alone.
C. No, because the redemption inured to the benefit of all co-owners.
D. No, because Y and Z did not consent to the redemption.
Answer: C. No, because the redemption inured to the benefit of all co-owners.
40. The following are the classes of possession except.
A. Possession in one’s name or possession in the name of another.
B. Possession in the concept of an owner or possession in the concept of a holder.
C. Possession in good faith or bad faith.
D. Possession with just title.
Answer: C. Possession in good faith or bad faith.
41. The following are the requisites of the easement of right of way, except.
A. The property is surrounded by other estate.
B. There must be no adequate outlet to a public highway.
C. There must be indemnity.
D. That if there is outlet, it is not convenient to the dominant estate.
Answer: D. That if there is outlet, it is not convenient to the dominant estate.
42. The following are disqualified to donate to each other, except.
A. Those guilty of adultery or concubinage at the time of the donation.
B. Those found guilty of the same criminal offense in consideration thereof.
C. Those made to public officers or their spouses, descendants, or ascendants, by reason of their office.
D. Those obliged to support one another.
Answer: D. Those obliged to support one another.
43. The following are the remedies against private nuisance, except.
A. A civil action
B. A prosecution under the penal code or any local ordinance.
C. Abatement without judicial proceedings.
D. None of the above.
Answer: B. A prosecution under the penal code or any local ordinance.
44. The nature of action in Quieting of Title is in personam.
A. No, it is always a real action since the subject is real property.
B. No, because the decision is enforceable against the whole world.
C. Yes, provided the subject is personal property.
D. Yes, because the decision is enforceable only against the defeated party.
Answer: B. No, because the decision is enforceable against the whole world.
45. Minerals are still owned by the state even if discovered from a private land.
A. Yes, provided the land is not titled.
B. Yes, because the constitution so provides.
C. No, if the land is titled to a private person.
D. No, it will violate property and property rights.
Answer: B. Yes, because the constitution so provides.
46. The owner and the tenant are in both possession of the land subject of the lease contract.
A. No, only the tenant, because he is in actual possession of the land.
B. No, only the owner, because the other is just a mere tenant.
C. Yes, but of different concept.
D. No, either of them.
Answer: D. No, either of them.
47. Negative easement may be acquired by prescription through notarial prohibition.
A. No, because it is non-apparent.
B. Yes, because notarial prohibition makes apparent what is non-apparent.
C. Yes, because it is provided for by law.
D. Yes, only after 10 years from service of notarial prohibition.
Answer: C. Yes, because it is provided for by law.
48. In case of roots of a neighboring tree intruded to the state of another, the neighboring owner has the right to cut it off.
A. Yes, only after his demand for the cutting is ignored.
B. Yes, because he owns the roots that intruded at his property.
C. No, without permission from the owner of the tree.
D. Yes, only after 10 years of prescription.
Answer: B. Yes, because he owns the roots that intruded at his property.
49. Which statement is correct?
1. Accession is the right of an owner of a property to everything which is produced thereby or which is incorporated or attached thereto either naturally or artificially.
2. Natural, industrial and civil fruits belong to the owner.
A. Both statements are correct.
B. Statement 1 is correct; statement 2 is incorrect.
C. Statement 1 is correct; statement 2 is correct.
D. none
Answer: A. Both statements are correct.
50. It is a process whereby the current of a river, creek, or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. Such process is known as:
A. Alluvion
B. Avulsion
C. Adjunction
D. Commixtion
Answer: B. Avulsion
51. Which provision of the Condominium Act (RA 4796) is correct?
1. A condominium corporation shall not, during its existence, sell, exchange, and lease or otherwise dispose of the common areas owned by or held by in the condominium project unless authorized by the affirmative vote of all the stockholders or members.
2. Whenever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for purposes of real property taxation and other tax purposes, to the owners thereof and tax on each such condominium shall constitute a lien solely thereon.
A. Provision 1 is correct, 2 is incorrect.
B. Both provisions are incorrect.
C. Both provisions are correct.
D. Provision 1 is incorrect, 2 is correct.
Answer: A. Provision 1 is correct, 2 is incorrect.
52. In like manner, Bad Faith is not presumed. Why?
A. Yes, because bad faith is personal.
B. Yes, because bad faith could be inherited.
C. Yes, because ignorance of the law excuses no one.
D. Yes, because it should be proven in court.
Answer: D. Yes, because it should be proven in court.
53. In land registration cases, the government is always represented by whom?
A. By the Office of the City Prosecutor.
B. By the Office of the Solicitor General.
C. By a private counsel hired for that matter.
D. By the Register of Deeds.
Answer: B. By the Office of the Solicitor General.
54. Accession is not a mode of acquiring ownership?
A. Yes, because it was not one of the seven (7) modes of acquiring ownership.
B. No, it is considered as acquisition by law.
C. No, because it is neither alluvium nor avulsion.
D. Yes, in accordance with our customs.
Answer: B. No, it is considered as acquisition by law.
55. A Torrens Title is not a protection in alluvium?
A. No, because a land covered by Torrens Title is not subject to prescription.
B. No, for economic reason.
C. Yes, because the soil added cannot be identifi
Answer: C. Yes, because the soil added cannot be identifi
56. A possessor in bad faith of a land is entitled for reimbursement as a matter of right?
A. Yes, but only to useful expenses.
B. No to all kind of expenses, because he is in bad faith.
C. Yes, but only to luxury expenses.
D. Yes, but only to necessary expenses.
Answer: D. Yes, but only to necessary expenses.
57. In land registration cases, the court may acquire jurisdiction only after:
A. Service of summons to the respondents/defendants.
B. After trial of the case.
C. Upon filing of the petition/complaint.
D. Upon publication.
Answer: D. Upon publication.
58. In the contract of usufruct, the owner of the property is being called the naked owner. Why?
A. Because the owner lost possession of the property.
B. Only if the subject is real property.
C. Because of the agreement of the parties.
D. Because he was divested of his two (2) major rights.
Answer: D. Because he was divested of his two (2) major rights.
59. In formation of an island, the owner of the nearest margin/distance is the owner of the new island?
A. Because of the principle that accessory follows the principal.
B. Because of the express provision of laws.
C. Only if the river is floatable or navigable.
D. Only if the river is non-floatable or non-navigable.
Answer: D. Only if the river is non-floatable or non-navigable.
60. Easement is always a real right.
A. Yes, if the easement is for use of another real property.
B. No, if the easement is for use of person only.
C. Yes, because it is enforceable against the wor
Answer: C. Yes, because it is enforceable against the wor
61. Registration of the Register of Deeds is a mode of acquiring ownership.
A. Yes as provided for by P.D. 1529.
B. Yes as provided for by the New Civil Code.
C. No, it is only for the protection of ownership rights.
D. Yes, because if you failed to register it, you may lost it by prescription.
Answer: C. No, it is only for the protection of ownership rights.
62. May a local ordinance extinguish a legal easement?
A. Yes, because it is a recent law.
B. Yes, if the local ordinance expressly provided the same.
C. No, because a local ordinance should not be repugnant to law.
D. No, because the local ordinance is not valid for being contrary to law.
Answer: C. No, because a local ordinance should not be repugnant to law.
63. A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right.
A. Yes, from the time he signed the Contract of Sale.
B. Yes, from the time he fully paid the purchase price.
C. Yes, from the time of the delivery of the condo unit.
D. Yes, provided it is stated at the Master Deeds.
Answer: B. Yes, from the time he fully paid the purchase price.
64. The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into his own hands.
A. Yes, under special circumstance only.
B. No, because everybody should be law abiding citizen.
C. No, because ignorance of the law excuses no one.
D. No, because the rule allows no exemption.
Answer: A. Yes, under special circumstance only.
65. The nature of action in Quieting of Title is in personam.
A. No, because the subject of the case is always a real property.
B. No, because the decision in the case is enforceable against the whole world.
C. Yes, provided the subject is a personal property.
D. Yes, because the decision is enforceable only against the litigating parties.
Answer: D. Yes, because the decision is enforceable only against the litigating parties.
66. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself?
A. No, because there is no force upon person.
B. Yes, if there is force upon thing.
C. Yes, like in prescription.
D. Yes, because the owner lost only physical possession.
Answer: D. Yes, because the owner lost only physical possession.
67. Reproduction of books by Xerox or photocopying is a violation of the Copyright Law?
A. No, it is being tolerated anyway.
B. No, because there is no law that prohibits it.
C. No, because it is economical.
D. Yes, because it deprives the author of his royalties.
Answer: D. Yes, because it deprives the author of his royalties.
68. Donation is both an act and a contract.
A. No, because it is an act of man only.
B. No, because there is no exchange of value.
C. Yes, because it is a gratuitous contract.
D. No, because it is not part of Obligation and Contract of New Civil Code.
Answer: C. Yes, because it is a gratuitous contract.
69. Donation of the same thing to two or more persons shall be governed by the rule on double sale?
A. No, because they are of different contracts.
B. No, because they are covered by different chapters of the New Civil Code.
C. Yes, because both acts transfer ownership.
D. No, because in donation there is no exchange of value.
Answer: C. Yes, because both acts transfer ownership.
70. All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).
A. Yes, because it is the intent and spirit of the law.
B. No, only those who had paid at least 2 years of installment and defaulted later.
C. No, they have to apply for it first at HLURB to be cover
Answer: A. Yes, because it is the intent and spirit of the law.
71. Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was preparing for the bar examinations, Miguel, a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court, thus, preventing him from taking the examinations unless he marries Liza. As a consequence of the threat, Noel married Liza. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code?
A. Yes, because without the threat, Noel would not marry Liza.
B. Yes, because the threat, to enforce the claim of Liza, vitiates the consent of Noel in contracting the marriage.
C. No, because the threat made by Miguel is just and legal.
D. No, because Miguel is not a party to the contract of marriage between Liza and Noel.
Answer: C. No, because the threat made by Miguel is just and legal.
72. Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. By virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. The said contract of sale was executed before the vice consul of the Philippines in Singapore. Under the laws of Singapore, the sale of a real property by an agent without a special power of attorney is valid. Shantung Company filed a suit for the annulment of the contract of sale on the ground that Magdalene has no authority to sell the property. If you were the judge, which of the following courses of action should you take?
A. Dismiss the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are executed.
B. Dismiss the action for annulment on the ground that the property subject of the case is located in Singapore, thus, the law of Singapore shall govern.
C. Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are execut
Answer: C. Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are execut
73. Wendy, single, bought a parcel of land in Dagupan City from Amante for P600,000.00. A contract was executed between them which already vested upon Wendy full ownership of the property, although payable in monthly installments for a period of 4 years. One year after the execution of the contract, Wendy got married to Lorenzo. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. Thereafter, subsequent installments were paid from the conjugal partnership funds. Is the land conjugal or paraphernal?
A. The land is conjugal because the installments were paid from the conjugal partnership funds.
B. The land is paraphernal because ownership thereof was acquired before the marriage.
C. The land is both conjugal and paraphernal because the installments were paid from both the personal funds of Wendy and the conjugal partnership funds.
D. The land is paraphernal because it was Wendy who purchased the same.
Answer: B. The land is paraphernal because ownership thereof was acquired before the marriage.
74. Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling. Charina, on the other hand fell in love with David and they decided to live together as husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin died in an accident. Free at last, Charina and David decided to get married on February 14, 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2) years later, Charina died living a considerable amount of properties. Noreen, assisted by her grandparents, filed a petition questioning the validity of her marriage to David. If you were the judge, how will you decide on the petition?
A. Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David.
B. Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.
C. Dismiss the petition on the ground that the marriage is valid because Charina and David lived together as husband and wife for more than 5 years and their marriage took place after the death of Marvin, the husband of Charina, thus, no need to secure a marriage license.
D. Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid.
Answer: D. Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid.
75. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Hence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their conjugal partnership, and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire properties through his own efforts. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo?
A. Yes, because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry.
B. Yes, because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana.
C. No, because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries.
D. No, because there was an agreement between the parties to voluntarily dissolved their conjugal partnership.
Answer: A. Yes, because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry.
76. Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter accepted in a private instrument. After 6 months of pregnancy, the fetus was born and baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the P200,000.00. Is Jessie entitled to recover the money he donated?
A. No, because the donation is valid as Laura already accepted the same
B. No, because when Casey died, Laura, as Casey’s heir, inherited the money donated by Jessie.
C. Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality.
D. Yes, because the donation is void as the acceptance was not made in a public instrument, thus producing no legal effect.
Answer: C. Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality.
77. Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen last March 8, 1992 with a valid marriage license. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. The U.S. embassy claims that such marriage is void from the beginning. Is the contention of the U.S. embassy tenable?
A. Yes, because the law provides that when either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them, before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
B. Yes, because the marriage license was wrongfully obtained by the parties, thereby invalidating the marriage.
C. No, because the U.S. embassy later on issued a certificate of legal capacity to contract marriage, thus, during the defect in the issuance of the marriage license.
D. No, because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage, thus it will not affect the validity of the marriage.
Answer: D. No, because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage, thus it will not affect the validity of the marriage.
78. Glenda, a Filipino citizen and John Riel, an Australian citizen, got married in the consular office of the Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular official is valid, provided that such marriage is celebrated in accordance with the laws of such consular official. What is the status of the marriage of Glenda and John Riel?
A. Void, because the consular official has no authority to solemnize the marriage.
B. Valid, because according to the laws of Australia, such consular official has authority to celebrate the marriage.
C. Voidable, because there is an irregularity in the authority of the consular official to solemnize marriages.
D. Valid, because such marriage is recognized as valid in the place where it was celebrated.
Answer: A. Void, because the consular official has no authority to solemnize the marriage.
79. The doctrine of “Self-Help” is an exemption that a person should not take the law intro his own hands.
A. Yes, under special circumstances.
B. No, because everybody should be law abiding citizen.
C. No, because ignorance of the law excuses no one.
D. No, because the rule allows no exemption.
Answer: A. Yes, under special circumstances.
80. Excited over their impending marriage, the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. The marriage is:
A. valid there being a marriage license validly obtained by the parties.
B. voidable there being a defect in the formal requisite.
C. valid there being only an irregularity in the marriage license.
D. void in the absence of a valid marriage license.
Answer: C. valid there being only an irregularity in the marriage license.
81. Filipinos are governed by their national law with respect to the following matters, except:
A. legal capacity
B. family rights and status
C. personal property
D. testamentary succession
Answer: C. personal property
82. Separation of property between spouses during the marriage may take place only:
A. by agreement of the spouses.
B. if one of the spouses has given ground for legal separation.
C. upon order of the court.
D. if one spouse has abandoned the other.
Answer: C. upon order of the court.
83. For civil purposes, a fetus may be considered born if:
A. it had an intra-uterine life of 8 months but is dead upon delivery.
B. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery.
C. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb.
D. it was aborted on request of or with permission from the father to save the life of the mother.
Answer: B. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery.
84. The husband may impugn the legitimacy of his child but not on the ground that:
A. the wife is suspected of infidelity.
B. the husband had a serious illness that prevented him from engaging in sexual intercourse.
C. the child could not be his for biological or scientific reasons.
D. they were living apart.
Answer: A. the wife is suspected of infidelity.
85. In legal separation:
A. the aggrieved spouse may file the action within 5 years from the time of the occurrence of the cause.
B. no trial shall be held without the 6-month cooling off period being observed.
C. the spouses will be entitled to live separately upon the start of the trial.
D. the prosecuting attorney has to conduct his own investigation.
Answer: C. the spouses will be entitled to live separately upon the start of the trial.
86. Three years after marriage, wife learned that husband is afflicted with STD. Apparently, he has been afflicted even before the marriage but concealed such fact. An action for annulment may be filed by the wife.
A. within five years after marriage.
B. anytime during the lifetime of the husband.
C. within five years upon knowledge of the S
Answer: C. within five years upon knowledge of the S
87. On March 3, 1995, wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27, 1996. The legitimacy of the child may be impugned by:
A. his parents
B. his illegitimate child, if any
C. his brothers or sisters
D. his aunts or uncles
Answer: A. his parents
88. Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment.
A. the incapacity must be proven to be existing at the time of the celebration of the marriage.
B. the illness must be grave
C. the burden of proof must rest on the respondent.
D. the roots of the illness can be traced to the history of the subject
Answer: A. the incapacity must be proven to be existing at the time of the celebration of the marriage.
89. Excessive donation inter vivos may be revoked or reduced after the death of the donor.
A. Yes, in so far that it reduces the legitimate of the compulsory heirs.
B. No, because it took effect while the donor is still alive.
C. No, because it will impair the right of a person to enter into a contract.
D. No, because it is not practical.
Answer: B. No, because it took effect while the donor is still alive.
90. A husband by chance discovered hidden treasures on the paraphernal property of his wife, who owns the discovered treasure.
A. The half pertaining to the husband (finder) belongs to the conjugal partnership
B. The half pertaining to the wife (as owner) belongs to the conjugal partnership
C. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property.
D. a and b
Answer: C. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property.
91. Action for rescission on the account of lesion will prescribe within —
A. 10 years
B. 5 years
C. 7 years
D. answer not given
Answer: D. answer not given
92. Which one is more burdensome, easement or usufruct?
A. Usufruct because the usufructuary has possession and fruits of the property
B. Easement because the servient estate is under obligation to let others use the property
C. None, because in both cases there is no transfer of title
D. Easement because easement is enforceable even if there is no contract
Answer: A. Usufruct because the usufructuary has possession and fruits of the property
93. Are growing crops real property?
A. Yes, for the purpose of civil law
B. No, for the purpose of criminal law
C. No, for the purpose of commercial law
D. All of the above
Answer: C. No, for the purpose of commercial law
94. A, donated a parcel of land to the unborn child of H and W, is the donation valid?
A. No, because there is no donee yet
B. No, because there is no one yet to accept the donation
C. Yes, provided the child be born alive or to live for at least 24 hours under certain conditions
D. No, because the donee has no name yet to whom the land is to be transferred
Answer: C. Yes, provided the child be born alive or to live for at least 24 hours under certain conditions
95. Mr. J constructed a basketball court at the middle of the street, may Mr. J be charged criminally in court?.
A. No. because the remedy is only destruction or removal
B. No, because the case is inlay civil in nature
C. Yes, provided that the basketball court be declared first as a public nuisance
D. Yes, provided that Mr. J did not pay any permit to the local government
Answer: C. Yes, provided that the basketball court be declared first as a public nuisance
96. Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. B. After ten years branches of the mango tree encroached the air space of B. Mr. X is the owner of the encroaching branches because…
A. of the principle “accessory follows the principal
B. the tree is planted in his (X) land
C. in accordance with the law of easement
D. All of the above
Answer: D. All of the above
97. Which among the properties of the states that could be the subject of prescription in favor of a private person?
A. agricultural land
B. forest land
C. public road
D. seashore
Answer: A. agricultural land
98. Which among the churches listed below is owned by the Roman Catholic Church?
A. Quiapo Church constructed after 1898
B. San Agustin Church constructed before 1898
C. Manila Cathedral constructed before 1898
D. Vigan Church constructed before 1898
Answer: A. Quiapo Church constructed after 1898
99. Which among the group of things listed below could not be considered as a property?
A. res nullius
B. res communes
C. res alicujus
D. None of the above
Answer: B. res communes
100. Patrimonial Property of the State refers to
A. those no longer intended for public use and public service
B. those no longer intended for public good and public welfare
C. those actually possessed, occupied or utilized by indigenous cultural minorities by themselves or through their ancestors
D. none
Answer: B. those no longer intended for public good and public welfare
101. The document issued by the government agency concerned stating that mineral resources project under consideration will not bring about an unacceptable environmental impact and that the proponent has satisfied the requirements of the environmental impact system is called
A. Environmental Compliance Certificate (ECC)
B. Environmental Impact Statement (EIS)
C. Joint Venture Agreement (JVA)
D. Mineral Resource EDUC Certification
Answer: B. Environmental Impact Statement (EIS)
102. Which of the following marriages is void for reasons of public policy?
A. Between brothers and sisters, whether of the full or half blood
B. Between step-parents and step children
C. Between parents-in-law and children-in-law
D. B and C
Answer: D. B and C
103. 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
104. 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
105. 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
106. 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
107. 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
108. 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
109. 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.
110. 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.
111. 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.
112. 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
113. 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.
114. 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.
115. 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
Review 2
116. 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.
117. 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.
118. 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.
119. Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms: (i) down payment of P500,000; (ii) entire balance is to be paid on December 24, 2004; (iii) a chattel mortgage is to be executed over the car bought or sold in favor of Mr. Seller. If on the due date for the balance, no payment is paid despite demand.
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.
120. 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
121. 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.
122. 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.
123. 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.
124. 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.
125. 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.
126. 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.
127. 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.
128. 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.
129. 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.
130. 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.
131. The benefit of “exclusion” is available in a contract of
A. guarantee
B. suretyship
C. pledge
D. antichresis
Answer: A. guarantee
132. Mr. Seller and Mr. Buyer orally agreed on the following:(i) the land to be sold has an area of 10,000 sq. meters; (ii) price is P5 million; and (iii) Mr. Seller shall prepare the deed of sale. With fraudulent intent, Mr. Seller knowing the inadequacies of Mr. Buyer with respect to numbers wrote 1,000 sq. meters instead of 10,000 sq. meters. The sale is
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
133. 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.
134. 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.
135. 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.
136. .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.
137. 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.
138. 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
139. 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.
140. 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.
141. .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.
142. 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.
143. 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.
144. 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.
145. 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.
146. 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
147. 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.
148. 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
149. 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
150. 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.
151. 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.
152. 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
153. When goods are delivered to the buyer “on sale or return”, for a period of seven (7) days, ownership of the goods passes to the buyer,
A. Upon delivery of the goods.
B. Upon expiration of seven (7) days.
C. Upon acceptance by the buyer of the offer of the seller.
D. Upon perfection of the contract.
Answer: B. Upon expiration of seven (7) days.
154. Ben pledged his watch to V. Y. Domingo for P5,000. On the due date Ben failed to pay his loan and redeem the watch. The pawnshop sold the watch at public auction to the highest bidder at P4,000.
A. The pawnshop can recover the deficiency of P1, 000 from Ben.
B. The pawnshop cannot recover the P1, 000 unless there is a stipulation.
C. The pawnshop can recover the P1, 000 even without a stipulation.
D. The pawnshop cannot recover the P1, 000 even if there is a stipulation.
Answer: A. The pawnshop can recover the deficiency of P1, 000 from Ben.
155. Mr. X executed a chattel mortgage over his house and lot to Mr. Y. When the obligation became due, Mr. X did not pay despite demand.
A. Mr. Y has no right to foreclose the mortgage because the house and lot are not chattels.
B. Mr. Y has no right to foreclose the mortgage unless Mr. X consents to the foreclosure.
C. Mr. Y has no right to foreclose the mortgage because he can sue for collection.
D. Mr. Y may foreclose the mortgage because Mr. X is estopped from claiming the invalidity of the chattel mortgage over the real property, but foreclosure should be made under the procedure of a real estate mortgage.
Answer: D. Mr. Y may foreclose the mortgage because Mr. X is estopped from claiming the invalidity of the chattel mortgage over the real property, but foreclosure should be made under the procedure of a real estate mortgage.
156. Mr. D borrowed P500, 000 from Mr. C with Mr. G as guarantor. When the debt fell due, Mr. D did not pay despite demand.
A. Mr. C may collect from Mr. G because he guaranteed payment of the debt.
B. Mr. G may refuse to pay even if Mr. D is insolvent.
C. Mr. G may ask Mr. C to exhaust all the properties of the Mr. D first before collecting from Mr. G.
D. Mr. G may refuse to pay even if Mr. D has absconded.
Answer: C. Mr. G may ask Mr. C to exhaust all the properties of the Mr. D first before collecting from Mr. G.
157. Every contract of partnership having a capital of three thousand pesos or more, in money or property, shall appear in a public instrument, which must be recorded in the Office of the Securities and Exchange Commission. Failure to comply with this requirement;
A. renders the contract of partnership void.
B. renders the contract of partnership unenforceable.
C. affects the liability of the partnership to third persons and the partnership has no legal personality.
D. does not affect the liability of the partnership to third persons and the partnership still has a legal personality.
Answer: D. does not affect the liability of the partnership to third persons and the partnership still has a legal personality.
158. X is not a partner of A, B, and C. Without the consent or knowledge of C but with the implied consent of A and B, X made T believe that he is a partner of A, B, and C. Who shall be liable for the payment of a debt of P500, 000 in favor of T who extended credit on the basis of the misrepresentation?
A. X, A and B pro rata.
B. X, A and B solidarily.
C. X, A, B and C pro rata.
D. X, A, B and C solidarily.
Answer: A. X, A and B pro rata.
159. Seller wrote Buyer offering to sell his only house for a specified price. The letter was mailed on the same date it was written. Buyer offered to buy the same house for the same price and the letter containing the offer to buy was also mailed on the same date it was written. On the same date and time Seller and Buyer received the letters written to each other.
A. There is a perfected contract.
B. There is a perfected contract only when they have orally confirmed their having received the letters written to each other.
C. There is no contract because the offers were not certain.
D. There is no contract because there was no acceptance.
Answer: D. There is no contract because there was no acceptance.
160. Jose went to visit Pablo, a friend one Sunday morning where a card game was going on. Jose joined the game and lost P50,000. He became indebted to the winner for P10, 000 more. Which among the following statements is not correct?
A. The winner cannot maintain an action to collect the P10,000.
B. Jose may recover P50,000 from the winner with legal interest from the time he paid the amount lost.
C. Jose may recover P50,000 from the winner but without legal interest.
D. If Jose refuses to recover from the winner, the spouse of Jose may institute the action to recover.
Answer: C. Jose may recover P50,000 from the winner but without legal interest.
161. For payment to extinguish the obligation:
A. The thing or service in which the obligation consists must be completely delivered or rendered.
B. Payment must not have been justifiably refused by the creditor.
C. Payment must be in legal tender.
D. All of the above.
Answer: D. All of the above.
162. Which of the following is most likely incorrect?
A. Mr. D promised to deliver to Mr. C 100 bottles of Japanese red wine of a specified brand. Without the knowledge of Mr. D, production of the wine had been stopped. Despite earnest efforts, Mr. D could only deliver ninety (90) bottles. Mr. O’s obligation is deemed fulfilled.
B. In the immediately preceding letter (a), Mr. D could recover as though there had been a delivery of 100 bottles.
C. Mr. D promised to deliver 100 sacks of a certain type of rice. He delivered only 90 sacks but the obligee did not object to the incomplete delivery. The obligation may be deemed fully perform
Answer: B. In the immediately preceding letter (a), Mr. D could recover as though there had been a delivery of 100 bottles.
163. Debtor owes Creditor P500,000. The debt is secured by a chattel mortgage on Debtor’s car. On the due date of the obligation, Creditor is paid by Third Person who has no interest in the obligation either as guarantor or surety. There is likewise no stipulation as to Third Person’s right to pay.
A. If Third Person pays without the knowledge or against the will of Debtor, Third Person may recover P500, 000 from Debtor even if the debt had been condoned to the extent of ½.
B. If Third Person pays with the Debtor’s knowledge and consent, Third Person may recover P500, 000 from Debtor even if the debt had been condoned to the extent of ½. If Debtor fails to pay, Third Person may foreclose the mortgage on Debtor’s car.
C. Same as letter “b” except that Third Person may not foreclose the mortgage on Debtor’s car, unless Creditor consents.
D. Same as letter “b” except that Third Person may not foreclose the mortgage on Debtor’s car because the mortgage was exclusively constituted in Creditor’s favor.
Answer: B. If Third Person pays with the Debtor’s knowledge and consent, Third Person may recover P500, 000 from Debtor even if the debt had been condoned to the extent of ½. If Debtor fails to pay, Third Person may foreclose the mortgage on Debtor’s car.
164. Which among the situations below states a correct principle of law?
A. Third Person pays Debtor’s debt without intending to be reimbursed by Debtor. The payment will not extinguish the obligation even if accepted by Creditor if Debtor does not consent to the payment.
B. Third person pays Debtor’s debt without intending to be reimbursed by (c) Debtor. The payment will extinguish the obligation if Debtor does not consent to the payment.
C. Debtor is obliged to give Creditor a Rado watch. Since no Rado watch was available on the due date, Debtor decided to deliver a watch of a different brand more valuable than the one that is due. Creditor must accept the watch.
D. D owes C P20, 000. D pays B, brother of C. The payment is not valid even if it redounded to the benefit of C.
Answer: D. D owes C P20, 000. D pays B, brother of C. The payment is not valid even if it redounded to the benefit of C.
165. Debtor owes Creditor P20, 000. On the due date of the obligation, Debtor could not pay. Debtor instead offered his TV set worth P20,000 in payment of the obligation. Creditor agrees.
A. There is no payment because the debt may only be discharged by the delivery of legal tender.
B. There is payment pursuant to a facultative obligation because of a substitution.
C. There is dation in payment or dacion en pago.
D. There is payment by cession.
Answer: C. There is dation in payment or dacion en pago.
166. Mr. D owes Mr. Y P10, 000. On the due date, Mr. X offers a check in payment of the obligation.
A. The receipt of the check by Mr. Y extinguishes the obligation if the check is a certified one because it is as good as cash.
B. The receipt is not equivalent to automatic payment if the check is not a certified check.
C. Mr. Y has no reason to refuse the check if it’s fully funded as certified to by the bank.
D. Mr. Y cannot be compelled to accept the check.
Answer: D. Mr. Y cannot be compelled to accept the check.
167. Where the debtor has various debts of the same kind in favor of the same creditor and on the due date the debtor does not have sufficient funds to cover all the debts, the debtor may avail of
A. tender of payment and consignation.
B. application of payment.
C. dation in payment.
D. cession in payment.
Answer: B. application of payment.
168. When the characters of the creditor and debtor are merged in one and the same person, there is extinguishment of the obligation by,
A. confusion
B. compensation
C. novation
D. condonation or remission
Answer: A. confusion
169. When there is a change in the object or principal conditions, an obligation is extinguished by
A. confusion
B. compensation
C. novation
D. condonation or remission
Answer: A. confusion
170. It is that currency which the debtor can compel the creditor to accept in payment of all debts, public or private.
A. certified checks.
B. domestic money in any denomination.
C. legal treasury notes.
D. legal tender.
Answer: D. legal tender.
171. The extinguishment of an obligation by the passage of time is
A. fulfillment of a resolutory condition.
B. prescription.
C. expiration.
D. annulment.
Answer: B. prescription.
172. Mr. Debtor is domiciled in Quezon City while Mr. Creditor is domiciled in Manila. Payment is to be made in
A. Quezon City, domicile of Mr. Debtor.
B. Manila, domicile of Mr. Creditor.
C. Makati City if so stipulat
Answer: A. Quezon City, domicile of Mr. Debtor.
173. Mr. Debtor owes Mr. Creditor as follows: P10, 000 due February 5; P10, 000 due March 5 and P10, 000 due April 5, all during the current year. Mr. Debtor has only P10, 000 and cannot pay all his obligations. If Mr. Debtor decides to pay P10, 000, the amount shall apply:
A. To the debt chosen by Mr. Creditor.
B. To the debt chosen by Mr. Debtor.
C. To the debt due on February 5 being the oldest debt.
D. To the debt due on April 5 if it is an interesting obligation.
Answer: B. To the debt chosen by Mr. Debtor.
174. Mr. Debtor owes fifteen (15) persons substantial amounts of money. His financial situation indicates that his liabilities for exceed his assets. If Mr. Debtor cedes or assigns his properties to his creditors,
A. The creditors acquire ownership of the properties assigned or ceded.
B. The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor is deemed paid regardless of whether or not the net proceeds are equal to or less than the amount of the indebtedness.
C. The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor shall only be released to the extent of the net proceeds of the sale.
D. The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned.
Answer: C. The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor shall only be released to the extent of the net proceeds of the sale.
175. Mr. Debtor owes Mr. Creditor P100, 000. On the due date, Mr. Debtor delivers a cashier’s check for the full amount. Mr. Creditor refuses to accept the check.
A. Debtor may make a consignation by depositing the amount due with any bank and in the name of Mr. Creditor.
B. Mr. Debtor may make a consignation by depositing the amount due at the disposal of judicial authorities before whom the tender of payment shall be proved in a proper case.
C. Mr. Debtor has no legal basis for making a consignation.
D. The creditor may be considered in mora accipiendi.
Answer: C. Mr. Debtor has no legal basis for making a consignation.
176. As a general rule, consignation must be preceded by a valid tender of payment. Enumerated below however, are situations which allows a consignation without a prior tender of payment. Which is the exception?
A. When for any cause, the creditor refuses to give a receipt.
B. When the creditor is absent or unknown, or does not appear at the place of payment.
C. When two or more persons claim the same right to collect.
D. When the title to the obligation has been lost.
Answer: A. When for any cause, the creditor refuses to give a receipt.
177. Which among the following fails to state a correct legal principle?
A. The debtor in obligations to do shall be released when the prestation becomes legally or physically impossible without the fault of the obligor.
B. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary.
C. An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor.
D. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly.
Answer: C. An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor.
178. Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount of P100, 000. The debt is secured by a pledge on a ring owned by Mr. Debtor. Which among the following is most likely correct?
A. If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument.
B. If the debt is condoned by Mr. Creditor, the pledge is not condoned.
C. If Mr. Creditor returns the thing pledged to Mr. Debtor, the pledge and the loan are deemed extinguish
Answer: A. If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument.
179. For compensation to be proper, the following must be complied with. Which is the exception?
A. Both debts consist in a sum of money or of the same kind.
B. Both debts are due.
C. Both debts be liquidated and demandable.
D. Both parties are insolvent.
Answer: D. Both parties are insolvent.
180. It is the substitution or change of an obligation by another, which extinguishes or modifies the first either changing its object or principal condition, or substituting another in place of the debtor, or subrogating a third in the right of the creditor.
A. accion subrogatoria
B. novation
C. accion pauliano
D. none of the above
Answer: B. novation
181. Which among the following is not an essential element of an obligation?
A. Active and passive subjects.
B. Form of the obligation
C. Prestation
D. Juridical tie
Answer: B. Form of the obligation
182. Mr. Oliveros, by virtue of a written agreement agreed to deliver to Mr. Santos a car on a specified date provided the latter pays the former P1 million.
A. The prestation is the car; Mr. Santos is the active subject; Mr. Oliveros is the passive subject and the juridical tie is the contract.
B. The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the juridical tie is the law and the prestation is the giving of the car.
C. The active subject is Mr. Santos; the passive subject is Mr. Oliveros; the prestation is the delivery of the car and the juridical tie is law.
D. The passive subject is Mr. Oliveros; the active subject is Mr. Santos; the prestation is the delivery of the car and the juridical tie is the contract.
Answer: B. The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the juridical tie is the law and the prestation is the giving of the car.
183. When a party causes damage to another due to his negligent act and such damage is caused in the course of the performance of a contractual obligation, the latter is liable to the former on the basis of
A. culpa criminal
B. culpa extra contractual
C. culpa contractual
D. culpa aquiliana
Answer: C. culpa contractual
184. No. 1 – the same act of negligence of the defendant that causes injury to another may give rise to a liability based on culpa aquiliana and culpa criminal and the injured party may recover twice from the same act or omission of the defendant. No. 2 – When the defendant causes damage to the plaintiff through the formers fault or negligence, there being no contractual relationship between them, the basis of the defendant’s liability is a quasi-contract.
A. Both statements are false.
B. Both statements are true.
C. Only No. 1 is true.
D. Only No. 2 is true.
Answer: D. Only No. 2 is true.
185. They are lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another.
A. Quasi-delicts
B. Quasi-contracts
C. Culpa contractual
D. None of the above
Answer: D. None of the above
186. The quasi-contract of negotiorum gestio requires the following. Which is the exception?
A. There must be an abandoned or neglected property or business.
B. Someone voluntary takes charge of that abandoned business or property.
C. The owner must consent to the management of his business or property by someone.
D. The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property.
Answer: C. The owner must consent to the management of his business or property by someone.
187. Pedro receives a package via Federal Express. When he opened the package he realized that the same was delivered to him by mistake and that the real owner thereof is Pablo, his neighbor. The obligation of Pedro to give the package to Pablo arises from
A. law
B. contracts
C. moral obligations
D. solutio indebiti
Answer: D. solutio indebiti
188. Pedro offered to sell to Marita a purported diamond ring which actually was a stone of inferior quality. Believing it to be a genuine diamond ring, Marita bought and paid for the ring. If later on, Marita discovers the misrepresentation, Marita may:
A. sue for damages alone because of dolo causante.
B. sue for rescission.
C. for annulment because of dolo incidente.
D. for annulment because of dolo causante.
Answer: B. sue for rescission.
189. Pedro borrowed money from Jose, payable on November 26, 2005. On the due date of the obligation, Pedro failed to pay. On December 30, 2005, Pedro paid the debt.
A. Pedro is in default.
B. Pedro is not in default.
C. Pedro is liable for interest.
D. Pedro is liable for damages.
Answer: B. Pedro is not in default.
190. A debt has a maturity date of November 1, 2004. Payment was made on November 1, 2005 but demand was made on June 1, 2005. If the debtor is made liable for interest, the interest shall commence to run on
A. November 1, 2004.
B. June 1, 2005.
C. The date the obligation was incurr
Answer: B. June 1, 2005.
191. Pedro promised to give Jose an orchard planted with mango trees on November 30, 2005. Before November 30, 2005, what right does Jose have over the orchard?
A. Jose has no right.
B. Jose has a personal right.
C. Jose has a real right.
D. Jose has both a personal and a real right.
Answer: A. Jose has no right.
192. No. 1 – If a person obliged to do something fails to do it, the only remedy of the obligee is to demand for the payment of damages. No. 2 – If a person obliged to do something fails to do it, he may be compelled by court action to fulfill his obligation.
A. Both are true.
B. Only No. 1 is true.
C. Both are false.
D. Only No. 2 is true.
Answer: C. Both are false.
193. Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no agreed date for delivery and payment. The obligation of Mr. Robles as seller is:
A. to deliver when Mr. Roxas is ready to pay.
B. to deliver the car immediately because there is already a perfected contract.
C. to have the contract rescinded because no date is fixed for performance.
D. to deliver the car immediately because his obligation is pure.
Answer: A. to deliver when Mr. Roxas is ready to pay.
194. In order that fraud may make a contract void able:
A. It may be incidental but both parties should not be in pari delicto.
B. It may be serious and the parties must be in pari delicio.
C. It may be incidental but should have been employed by both parties.
D. It should be serious and should have not have been employed by both contracting parties.
Answer: D. It should be serious and should have not have been employed by both contracting parties.
195. Gody obtained a loan from Eusebio in the amount of PhP10,000.00 payable on June 30, 2005 plus 10% interest. On January 2, 2005, Gody won PhP100, 000.00 in a bingo game and he offered to pay PhP10,000.00 to Eusebio. Eusebio refused to accept the payment offered by Gody. Which of the following statements is correct?
A. Eusebio can be compelled to accept the payment offered by Gody because the amount being offered is complete.
B. Eusebio can be compelled to accept the payment being offered if the interest will be reduced.
C. Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arriv
Answer: C. Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arriv
196. Which of the following statements is correct?
A. Negligence signifies the idea of delay in the fulfillment of an obligation.
B. Delay or default means the failure to perform the obligation on the date agreed upon by the parties.
C. Incidental fraud is one committed in the performance of an obligation.
D. Proper diligence of a good father of a family means extra-ordinary diligence.
Answer: C. Incidental fraud is one committed in the performance of an obligation.
197. Which of the period in the following cases is intended for the benefit of the debtor?
A. Payable on December 31, 2006
B. Payable before December 31, 2006
C. Payable on or before December 31, 2006
D. All of the above
Answer: B. Payable before December 31, 2006
198. While Mr. P was walking along a busy street, he slumped and suffered from symptoms of a heart attack, and lost consciousness. Mr. D, a heart specialist saw what happened and through his expertise saved the life of Mr. P. If sued for Mr. D’s services.
A. Mr. P must pay on the basis of an implied contractual relationship.
B. Mr. P must pay under a quasi-contract.
C. Mr. P has no obligation to pay because he did not ask for Mr. D’s services.
D. Mr. P has no obligation to pay because the services of Mr. D can be construed as a voluntary act and hence, a donation.
Answer: B. Mr. P must pay under a quasi-contract.
199. S and B entered into a sale of a four-hectare land for P1 million. S prepared the Deed of Sale and with fraudulent intent and taking advantage of B’’ failing eyesight changed the area of the land to reflect an area less than what had been agreed upon. The remedy of B upon discovery of the fraud is,
A. Annulment
B. Reformation of the contract
C. Rescission
D. Answer not given
Answer: D. Answer not given
200. Which of the following statements is incorrect?
A. The full payment of the price is sufficient to make the buyer the owner of the thing sold.
B. In a sale, the full payment of the price is a suspensive condition for the seller to deliver.
C. Delivery of the thing sold is necessary to transfer ownership.
D. Delivery in a real contract is required not for transfer of ownership but for the perfection of the contract.
Answer: A. The full payment of the price is sufficient to make the buyer the owner of the thing sold.
201. On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a specified red car. There was no delivery however, on said date. On June 15, 2000, the garage of the car collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable?
A. No, because he could plead impossibility of performance due to a fortuitous event even if he is in default.
B. Yes, because Jose Dizon is in legal delay.
C. No, because there was no demand and the car was lost through a fortuitous event.
D. Yes, because there is a perfected contract.
Answer: C. No, because there was no demand and the car was lost through a fortuitous event.
202. Seller wrote a letter to Buyer offering to sell a piece of land for P500,000. Seller gave Buyer two months to decide and pay the purchase price. Before the lapse of two months, Seller wrote Buyer that the price is now P700,000. Buyer insisted on an acceptance for P500,000. He wants to compel Seller to execute a deed of sale for the original offer of P500,000. May the Seller be compelled to honor the P500,000 offer?
A. No, because Buyer did not accept the original offer.
B. Yes, because two months have not yet elapsed.
C. Yes, because Seller is estoppel by his original letter.
D. Yes, because there was a meeting of the minds.
Answer: A. No, because Buyer did not accept the original offer.
203. Santos owes Maria P5 million. The debt is secured by a mortgaged on the house of Santos.
No. 1 – If before the due date, the security is lost through no one’s fault, Maria can declare the debt due and demandable even before the original maturity date.
No. 2 – If the house was burned up to 25% its value through the fault of Santos, the debt may be declared due by Maria even before the original maturity date but she cannot do so if the impairment was without the fault of Santos.
A. Both are correct.
B. No. 1 is correct; No. 2 is wrong.
C. No. 1 is wrong; No. 2 is correct.
D. Both are wrong.
Answer: A. Both are correct.
204. Alonzo offered to sell to Bernardo a parcel of land at a specified price. Alonzo gave Bernardo (60) days within which to accept the offer. Bernardo agreed to the period.
A. Before the lapse of sixty days, Alonzo may withdraw the offer or increase the price.
B. Before the lapse of sixty days no withdrawal can be made but the price may be increased.
C. No withdrawal can be made before sixty days because the period is binding.
D. No withdrawal can be made because there is already a perfected option contract.
Answer: A. Before the lapse of sixty days, Alonzo may withdraw the offer or increase the price.
205. Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-up truck, or a van, all of which are specific.
No. 1 – If the car and the pick-up truck were lost through Jose’s fault, he has no choice but to deliver the van; If the van was lost through a fortuitous event before delivery, the obligation is extinguished and Jose is not liable.
No. 2 – If the pick-up truck and the car were lost through a fortuitous event, Jose has no choice but to deliver the van; if before delivery, the van was lost because of Jose’s fault, he is liable.
A. Both Nos. are true.
B. No. 1 is false; No. 2 is true.
C. Both Nos. are false.
D. No. 2 is true; No. 1 is false.
Answer: A. Both Nos. are true.
206. In case of losses, the industrial partner shall,
A. Share in the losses in any event.
B. Shall share in the losses only if there is a stipulation.
C. Shall not share in the losses even if he contributes capital.
D. Shall not share in the losses except if he contributes capital also.
Answer: D. Shall not share in the losses except if he contributes capital also.
207. Every contract of partnership having a capital of three thousand pesos or more, in money or property, shall appear in a public instrument, which must be recorded in the Office of the Securities and Exchange commission. Failure to comply with this requirement;
A. Renders the contract of partnership void.
B. Renders the contract of partnership unenforceable.
C. Affects the liability of the partnership to third persons and the partnership has no legal personality.
D. Does not affect the liability of the partnership to third persons and the partnership still has a legal personality.
Answer: D. Does not affect the liability of the partnership to third persons and the partnership still has a legal personality.
208. A and B are partners in A & B Partnership. A owns two parcels of land which he contributed to the partnership. B owns six trucks which he contributed to the partnership. The profits of the land and the trucks were also included as contributions. The properties contributed are all what A and B own. The partnership is:
A. Universal
B. Universal partnership of all present property
C. Universal partnership of all profits
D. Particular partnership
Answer: B. Universal partnership of all present property
209. X, Y, and Z are partners in XYZ Partnership, Ltd. Y as limited partner. After five years of operations, the partnership incurred debts in favor of third persons totaling P5 million. The total partnership assets is P3 million. Who among the partners shall be liable with their separate property in favor of creditors?
A. X and Z for P1.5 million each because they are general partners
B. X, Y and Z for P1 million each
C. X, Y, and Z depending upon their capital contribution.
D. none
Answer: C. X, Y, and Z depending upon their capital contribution.
210. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles?
A. Mr. P may initiate a criminal action against Allied Bus Lines.
B. Mr. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only.
C. Mr. P may initiate a criminal action only against the driver of the bus.
D. Mr. P may initiate a civil action for damages on a quasi-delict theory against the driver of the bus.
Answer: D. Mr. P may initiate a civil action for damages on a quasi-delict theory against the driver of the bus.
211. Which of the following is correct?
A. The debtor always loses the right to make use of the period whenever he becomes insolvent.
B. The right to rescind a contract in a reciprocal obligation must always be stipulated,
C. In a contract to sell, the seller retains ownership of the thing sold until the condition of full payment is fulfill
Answer: C. In a contract to sell, the seller retains ownership of the thing sold until the condition of full payment is fulfill
212. Which of the following is correct?
A. A rescissible contract arises whenever the debtor defrauds the debtor.
B. Fraud is always a ground for annulment of a contract.
C. In a pledge, the thing pledged may be in the custody of a third person.
D. Services may be the object of a contract of sale.
Answer: C. In a pledge, the thing pledged may be in the custody of a third person.
213. Which of the following is correct?
A. The disposition by the debtor of his assets to the prejudice of the creditor is void.
B. A relatively simulated contract is void.
C. An unenforceable contract is vo
Answer: D.
214. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles?
A. Mr. P may initiate a criminal action against Allied Bus Lines.
B. Mr. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only.
C. Mr. P may initiate a criminal action only against the driver of the bus.
D. Mr. P may initiate civil action for damages on a quasi-delict theory against the driver of the bus.
Answer: C. Mr. P may initiate a criminal action only against the driver of the bus.
215. What is the legal concept of possession?
A. The holding of a thing or the enjoyment of a right
B. It is material occupation or by the fact that the right or property is subjected to the will of the claimant
C. The gathering of the products and the act of planting on the land
D. All of the above
Answer: D. All of the above
216. Can it be argued that the Martial Law has the effect of tolling the prescriptive period for the annulment of avoidable contract?
A. Yes, it has the effect of a force majeure, as such it suspends the running of the prescriptive period
B. No, it cannot be argued that Martial Law has the effect of a force majeure which in turn works to suspend the running of the prescriptive period
C. Yes, as long as the calling of the same was valid and constitutional
D. None of the above
Answer: B. No, it cannot be argued that Martial Law has the effect of a force majeure which in turn works to suspend the running of the prescriptive period
217. Which is not an element of Novation?
A. The new obligation is laid down in unequivocal terms
B. The new and the old obligations must be on every point incompatible with the other
C. Each of the obligations must have its independent existence
D. If they are compatible, the new obligation novates the first
Answer: D. If they are compatible, the new obligation novates the first
218. Nik sold to Paul a real property payable in monthly installments within a 5 year period, Paul was only able to pay 14 monthly installments, after the 60 day grace period and after 30 days of Paul’s receipt of the notice and letter calling for the rescission of the contract Nik rescinded the same. Paul contended that there was an automatic rescission done by Nik, hence, the same was void. Give the best answer.
A. The rescission done by Nik was in faithful compliance with the Maceda Law, as the grace period and the sending of notices was complied before rescission
B. The rescission done by Nik was void as it fell short on compliance with the law, as the notices sent by the latter would not suffice the requirement of a notarial act.
C. Paul has a right to demand payment for damages caused by the automatic rescission done by Nik, the same being void under RA6552
D. Answer not given
Answer: B. The rescission done by Nik was void as it fell short on compliance with the law, as the notices sent by the latter would not suffice the requirement of a notarial act.
219. Under a contract of guaranty, may the benefit of excussion be waived?
A. Yes, a person may waive the benefit of excussion especially when the contract states that his liability shall be direct and immediate without any need to take steps to exhaust legal remedy
B. No, the benefit of excussion cannot be waived; it is expressly provided that the creditor must first exhaust all the properties of the debtor. The benefit of excussion serves to protect the guarantor from unscrupulous debtors
C. Yes, the benefit of excussion may be waived provided the person owning such benefit, has sufficient properties to cover the debt
D. No, it may not be waived by reason of public policy and commercial convenience
Answer: A. Yes, a person may waive the benefit of excussion especially when the contract states that his liability shall be direct and immediate without any need to take steps to exhaust legal remedy
220. May a mortgagor’s liability on labor claims be transferred to the mortgagee-creditor?
A. Yes, after the mortgagee-creditor had foreclosed the assets of the mortgagor-debtor, the labor liability claims are deemed transferred to the latter.
B. No, the responsibility for the liabilities by the mortgagor towards his employees cannot be transferred via an auction sale to a purchaser who is also the mortgagee-creditor of the foreclosed assets.
C. No, the mortgage constitutes a lien on the determinative properties of the employer-debtor, because it is specially preferred credit to which worker’s monetary claims is deemed subordinate
D. “B’ and “C” only
Answer: D. “B’ and “C” only
221. Which of the following is not a form of an equitable mortgage?
A. The consideration has been proven to be unusually inadequate
B. The supposed vendor has remained in the possession of the property even after the execution of the instrument
C. The alleged seller has continued to pay the estate taxes on the property
D. The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them
Answer: D. The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them
222. Article 1157 at the Civil Code enumerates the different sources of obligation. This enumeration is exclusive.
A. True
B. False
C. None of the above
D. all
Answer: B. False
223. A court is empowered to ignore an unreasonable contract for attorney’s compensation although it is not shown to be contrary to morality or public policy.
A. True
B. False
C. None of the above
D. all
Answer: A. True
224. A part can recover damages incurred during the period of negotiation, even if the contract is not finally perfected as long as there was a definite offer made by the other party who, without any valid reason, withdrew from the negotiations.
A. True
B. False
C. None of the above
D. all
Answer: A. True
225. A contract is binding between the parties notwithstanding the absence of a law that governs it, as long as it is not contrary to morals, good customs, public policy, or public order.
A. True
B. False
C. None of the above
D. all
Answer: A. True
226. An obligation to pay can arise from certain lawful, voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person.
A. True
B. False
C. None of the above
D. all
Answer: B. False
227. The guardian of an imbecile shall be civilly liable as principal for the crime committed by the imbecile alone.
A. True
B. False
C. None of the above
D. all
Answer: A. True
228. The service of the subsidiary imprisonment of an insolvent offender shall extinguish his civil liability.
A. True
B. False
C. None of the above
D. all
Answer: A. True
229. The rule that once a criminal action is filed the civil action is suspended is absolute.
A. True
B. False
C. None of the above
D. all
Answer: B. False
230. When “A” promises to deliver to “B” one of his present antique ears, he is confined to deliver only any of the antique cars that presently belong to him.
A. True
B. False
C. None of the above
D. all
Answer: A. True
231. When “A” promises to deliver to “B” any car, he has the obligation to preserve his car with due car.
A. True
B. False
C. None of the above
D. all
Answer: B. False
232. The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.
A. True
B. False
C. None of the above
D. all
Answer: B. False
233. In an obligation to do or to render service, the oblique may impose personal force or coercion to compel the obligor to comply with his obligation.
A. True
B. False
C. None of the above
D. all
Answer: B. False
234. There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due.
A. True
B. False
C. None of the above
D. all
Answer: B. False
235. A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.
A. True
B. False
C. None of the above
D. all
Answer: A. True
236. A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void.
A. True
B. False
C. None of the above
D. all
Answer: A. True
237. The diligence of a good father of the family is the fixed degree or standard of care required in circumstances.
A. True
B. False
C. None of the above
D. all
Answer: B. False
238. The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.
A. True
B. False
C. None of the above
D. all
Answer: B. False
239. The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse.
A. True
B. False
C. None of the above
D. all
Answer: B. False
240. An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation.
A. True
B. False
C. None of the above
D. all
Answer: B. False
241. An obligation where the period of payment is subject to the will of the debtor or obligor is void.
A. True
B. False
C. None of the above
D. all
Answer: A. True
242. The court can fix the period when the obligation is subject to the sole will of the debtor.
A. True
B. False
C. None of the above
D. all
Answer: B. False
243. An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition.
A. True
B. False
C. None of the above
D. all
Answer: A. True
244. If an injured party in a contract has demanded rescission, he later may ask for performance. However, of he seeks performance, he can no longer seek for rescission of the contract.
A. True
B. False
C. None of the above
D. all
Answer: B. False
245. The court may fix the period of payment when the duration depends upon the will of the debtor like in: “When my means permit me to do so”, or “as soon as possible”, or “as soon as I have money”
A. True
B. False
C. None of the above
D. all
Answer: A. True
246. A debtor shall lose every right to make use of the period when he attempts to abscond.
A. True
B. False
C. None of the above
D. all
Answer: A. True
247. In facultative obligations, only one thing is due but the debtor has reserved the right to substitute it with another. Consequently, the loss of the substitute extinguishes the obligation.
A. True
B. False
C. None of the above
D. all
Answer: A. True
248. When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations.
A. True
B. False
C. None of the above
D. all
Answer: B. False
249. A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties.
A. True
B. False
C. None of the above
D. all
Answer: B. False
Albano MCQs
250. When do laws take effect?
A. Upon approval by the President;
B. After 15 days following the publication in the Official Gazette or in a newspaper of general circulation;
C. After 15 days following its posting in the website of Congress considering the advances in science and technology;
D. After 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation and furnishing the UP Law Center with a copy unless it is otherwise provided.
Answer: D. After 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation and furnishing the UP Law Center with a copy unless it is otherwise provided.
251. In 1986, A, a married woman file a petition for adoption of C which was granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of the Family Code requiring that the husband and wife must jointly adopt and the retroactive provision of the Family Code under Article 256. How do you think the court will decide?
A. It will grant the petition because the law is mandatory with the use of the word “must”;
B. It will grant the petition because of the retroactivity of the law;
C. It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)
D. It will deny the petition because of the doctrine of immutability of judgment.
Answer: C. It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)
252. The President of a foreign country came to visit the Philippines in cognito. While enjoying the beautiful beach in Pagudpud, Ilocos Norte, he as caught in flagrante delicto raping a young girl. If you were a police officer, what would you do?
A. I would arrest him because he is committing a crime;
B. I would arrest him because penal laws are binding upon all those who live or sojourn on Philippine territory;
C. I will not arrest him after identifying himself because of his immunity which is an accepted principle of international law. (Art. 14, NCC)
D. I will arrest him because nobody is above the law.
Answer: C. I will not arrest him after identifying himself because of his immunity which is an accepted principle of international law. (Art. 14, NCC)
253. A & B both Filipinos are married. While having vacation in Hawaii, A executed a will in accordance with USA law, where there is only one (1) witness. Is the will valid?
A. The will is void because it is not in accordance with Philippine law.
B. The will is valid because of the doctrine of lex loci celebrations.
C. The will cannot be admitted to probate because the same has yet to be probated abroa
Answer: B. The will is valid because of the doctrine of lex loci celebrations.
254. A was charged with the crime of murder. He was convicted. While in prison, he executed a donation in favor of B which was accepted by B in the same deed of donation. Is the donation valid?
A. Yes, because it was perfected by the acceptance of B;
B. Yes, if the donation is mortis causa;
C. No, if the donation is inter vivos;
D. Yes, regardless of its nature.
Answer: B. Yes, if the donation is mortis causa;
255. A and B entered into an exclusive dealership agreement over the product of A in the province of Tarlac. XYZ Corp. ordered such product from A, hence, he delivered the same at its office in Tarlac. B learned about the transaction hence, he sued A for damages. Is A liable?
A. A can be liable for breach of contract.
B. A can be liable for abuse of right.
C. A cannot be liable because he was exercising a right.
D. A is not liable, but instead, XYZ Corp. is liable for interference in contractual relationship.
Answer: B. A can be liable for abuse of right.
256. A & B are married with a son C. What happens to the relationship by affinity between B and X and Y, the parents of A after A’s death?
A. It is severed because of the death of A;
B. It remains because of the existence of C;
C. It remains even with the death of A irrespective of whether they have an offspring or not;
D. The death of A has no effect at all since B and X and Y are not related at all.
Answer: B. It remains because of the existence of C;
257. One of the terms and conditions of employment is that, if a dependent of an employee dies, the employee shall be entitled to bereavement benefits. A, an employee was pregnant but the fetus died. Is she entitled to bereavement benefits?
A. No, because the fetus was not yet born;
B. Yes, because the fetus became a dependent upon A from the moment of conception;
C. No, because the fetus has yet to be born inorder to die;
D. No, because the fetus has no personality yet.
Answer: B. Yes, because the fetus became a dependent upon A from the moment of conception;
258. A & B are Filipinos. They migrated to the USA where A embraced American citizenship. A obtained a divorce decree in the USA. Can B get married again?
A. No, because the marriage was not originally a mixed marriage.
B. Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.
C. Yes, because A can get married again under his national law.
D. Yes, because otherwise, it would be an injustice to B.
Answer: B. Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.
259. A, an American citizen married B, a Filipina in the Philippines. A obtained a decree of divorce against B capacitating him to remarry under USA law. Can B remarry?
A. B can get married right away after the decree has become final and executory.
B. B cannot get married because from the point of view of Philippine Law, he is still married.
C. B can get married provided that she goes to court and proves the decree of divorce as a fact according to the rules of evidence.
D. B can get married because the divorce decree being valid in the USA is valid in the Philippines to be fair to B.
Answer: C. B can get married provided that she goes to court and proves the decree of divorce as a fact according to the rules of evidence.
260. Cris and James got married with Pastor Carlito, a pastor of the Seventh Day Adventists as the solemnizing officer. Cris and James do not belong to the sect where the pastor belongs. Is their marriage valid?
A. Their marriage is void because one or both of the parties should belong to the sect where the solemnizing officer belongs;
B. Their marriage is valid because the infirmity is only on a formal requisite of marriage.
C. Their marriage is valid because it is immaterial whether they belong to the sect where the pastor belongs.
D. Their marriage is valid because the pastor is authorized to solemnize marriage of anyone.
Answer: B. Their marriage is valid because the infirmity is only on a formal requisite of marriage.
261. A and B both Filipinos are married, but at the time of the marriage, B was 16 years old. The marriage was celebrated in Hongkong and valid there as such. A wants to get married again and came to you for advice. Give your advice to A.
A. I would advice him to get married again, anyway, their marriage is void, hence, there is no need to have the marriage declared void;
B. I would advice him to file an action for declaration of nullity of their marriage before getting married;
C. I would advice him to seek for a certification from the Hongkong authorities that their marriage is void;
D. I would advice him to go to Hongkong and seek for declaration of nullity before a competent court and present it to the solemnizing officer.
Answer: B. I would advice him to file an action for declaration of nullity of their marriage before getting married;
262. A, a Russian citizen married B, a Filipina. A divorced B who came back to the Philippines and filed a petition for recognition of the foreign decree of divorce. It was recognized but the RTC of Manila found that A is not capacitated to remarry. Can B get married?
A. Yes, because the decree of divorce severed her marital relationship with A;
B. No, because despite the divorce, A’s national law does not give him the capacity to remarry;
C. Yes, to be fair to B;
D. Yes, because Philippine law cannot govern the capacity of a foreigner to remarry.
Answer: B. No, because despite the divorce, A’s national law does not give him the capacity to remarry;
263. A and B married. They acquired properties during the marriage worth P10M. Ten (10) years thereafter B filed an action for legal separation against A where he was pronounced the guilty spouse. The court divided the properties valued at P20M at the time of the legal separation, equally into two (2). Is the order of the court correct?
A. No, because A is not entitled to the fruits of their conjugal partnership;
B. Yes, because A’s disqualification is from a share of the fruits of the conjugal partnership;
C. No, because A should be penalized for his misdeeds and the disqualification to have a share of the conjugal properties is the penalty;
D. No, because the share should even be forfeited in favor of his family to maintain unity.
Answer: A. No, because A is not entitled to the fruits of their conjugal partnership;
264. A and B are married. B executed a will instituting A as an heir but A was pronounced the guilty spouse in an action for legal separation. What happens to the will after the decree of legal separation?
A. B can revoke it;
B. The will is revoked by implication of law;
C. The will remains valid and A can inherit if the will is admitted to probate;
D. The heirs can file an action to revoke the will.
Answer: B. The will is revoked by implication of law;
265. A and B were engaged to marry on April 3, 2012. They entered into a marriage settlement that they would be bound by the rule on co-ownership. Is the ante-nuptial agreement valid?
A. No, because they should be governed by the absolute community because it is void;
B. Yes, they can agree on any other property regime;
C. No, because they can only agree on the conjugal partnership of gains;
D. No, because they should agree on the complete separation of property regime.
Answer: B. Yes, they can agree on any other property regime;
266. Within what period should an action for legal separation on the ground of fraud be filed?
A. 5 years
B. 10 years
C. 4 years
D. imprescriptible
Answer: A. 5 years
267. A and B are married. B, the woman was pronounced the guilty spouse in an action for legal separation on the ground of attempt by one spouse against the life of the other. In favor of whom will the court award C’s custody, a 5-year old child?
A. A because he is the innocent spouse;
B. A because it is impossible to have a moral development of the child;
C. B because there is no man who can respond to the sorrows of a woman seeing a child of tender age being torn away from her;
D. A and B because of joint parental authority.
Answer: C. B because there is no man who can respond to the sorrows of a woman seeing a child of tender age being torn away from her;
268. A filed an action for legal separation against B. After the decree of legal separation was granted, A died. What will the court do after notice of death of A?
A. Dismiss the action for legal separation because it has become moot and academic;
B. Continue with the liquidation of the properties of the spouses;
C. Archive the case;
D. Issue an order directing the substitution of party.
Answer: B. Continue with the liquidation of the properties of the spouses;
269. What does physical incapacity to consummate marriage mean?
A. Refusal to have sex with the spouse;
B. Lack of power to copulate which is permanent in nature; (Impotence which appears to be incurable.)
C. The sexual organ is so small;
D. Sterility.
Answer: B. Lack of power to copulate which is permanent in nature; (Impotence which appears to be incurable.)
270. May a spouse donate to the other spouse during marriage?
A. Yes, because that is a right that one has, that is to dispose of his own property;
B. Yes, provided that it is a donation mortis causa;
C. No, because it is contrary to public policy and law as one might exert undue influence against the other;
D. Yes, provided that it is freely done and agreed upon/
Answer: C. No, because it is contrary to public policy and law as one might exert undue influence against the other;
271. What is the status of a child born out of artificial insemination?
A. Illegitimate because the husband is not the father of the child;
B. Legitimate provided that it was done with the consent or ratification of the spouses;
C. Legitimate provided there is consent, ratification by the husband and the birth is registered with the civil registry;
D. Legitimate if adopted by the spouses.
Answer: C. Legitimate provided there is consent, ratification by the husband and the birth is registered with the civil registry;
272. If an illegitimate child is recognized by the father, what is the extent of is hereditary right?
A. Equal with the legitimate;
B. ½ of the share of the legitimate;
C. No right at all unless there is a court order confirming his recognition;
D. No right because he is the product of sin.
Answer: B. ½ of the share of the legitimate;
273. A was born on January 1, 2000 as an illegitimate child of B. If he wants to ask for recognition, within what time should he file the action?
A. At anytime during his lifetime;
B. At anytime during the lifetime of B;
C. Imprescriptible;
D. Before reaching the age of majority.
Answer: B. At anytime during the lifetime of B;
274. A is the illegitimate son of B whom he recognized in his record of birth. After B’s death, a settlement of his estate was commenced by his legitimate heirs. Can A intervene inorder to have share of B’s estate?
A. No, because he is the product of sin;
B. Yes, provided that he files an action for recognition first;
C. Yes, by presenting the record of birth which is an evidence of recognition without need of filing an action of recognition;
D. No, otherwise, it would unduly prejudice the rights of the legitimates.
Answer: C. Yes, by presenting the record of birth which is an evidence of recognition without need of filing an action of recognition;
275. Who among those enumerated is not a beneficiary of a family home?
A. Spouses;
B. Parents of the spouses;
C. Children, legitimate or illegitimate;
D. Overseer.
Answer: D. Overseer.
276. A and B are married with a son C who is 19 years old and living in their company. A asked C to drive the family car on their way to their province in Ilocos Norte. The car met an accident resulting in the death of D, a pedestrian. Who may be liable for damages?
A. C is solely liable because he has already been emancipated hence, liable for all acts of civil life;
B. A and B because under the law, if a child is 18 and above but below the age of 21 and living in the company of the parents and performs acts or omission causing damage to another, the parents are liable;
C. A, B and C are solidarily liable;
D. A only because he is the head of the family.
Answer: B. A and B because under the law, if a child is 18 and above but below the age of 21 and living in the company of the parents and performs acts or omission causing damage to another, the parents are liable;
277. A and B are married. They are governed by the conjugal partnership of gains. A, the Executive Vice-President of ABC Corp. signed as a surety in a loan secured by the company from Metrobank for the rehabilitation of the company. As business was good after rehabilitation, A was given a house and lot, a brand new caw and raise in his salary. The company was sued due to its failure to pay the loan. Are the properties of A and B liable?
A. Yes, because the liability of the surety is primary and principal;
B. Yes, because the obligation contracted by A was done during the marriage;
C. No, because a surety undertaking did not at all redound to the benefit of the family;
D. Yes, because the obligation contracted by A redounded to the benefit of the family.
Answer: C. No, because a surety undertaking did not at all redound to the benefit of the family;
278. A and B are married. They have two (2) legitimate children. After A died, the heirs acquired properties from A’s estate. B got married to C, without liquidating their conjugal partnership. What property relationship governs them?
A. Absolute community of property regime if there is no marriage settlement;
B. Conjugal partnership if there is an agreement;
C. Absolute immunity of property regime if there is an agreement;
D. Mandatory complete separation of property regime.
Answer: D. Mandatory complete separation of property regime.
279. A and B are married, but separated in fact. While in the practice of her profession, B acquired properties. They are governed by the conjugal partnership of gains. Who is/are the owner/s of the properties?
A. B alone because of their separation;
B. The conjugal partnership;
C. B alone because they were governed by the complete separation of property regime when they separated in fact.
D. B alone as A did not contribute anything in the acquisition of the properties.
Answer: B. The conjugal partnership;
280. A and B lived together as husband and wife. A brought B to the hospital, and paid for the expenses in the birth of C. When the nurse asked B who was the father of the child, she mentioned the name of A but did not sign the record of birth of C. Can the record of birth be admissible in evidence as proof of filiation?
A. Yes, because of the acts of A, thus, he is estopped;
B. No, because otherwise it would be easy for a woman to vest legitimate status upon a child even if the latter is illegitimate;
C. Yes, to protect the status of the child;
D. Yes, to be fair to the child.
Answer: B. No, because otherwise it would be easy for a woman to vest legitimate status upon a child even if the latter is illegitimate;
281. A and B lived together as husband and wife, resulting in the birth of C. A recognized his son, C in the record of birth. What is the surname of C?
A. C must carry the surname of A;
B. C may carry the surname of A;
C. C can carry the surname of A;
D. C shall carry the surname of A.
Answer: B. C may carry the surname of A;
282. A and B both Filipinos are married. A was convicted of the crime of murder. They sought your advice whether they can adopt C, a relative by consanguinity of B. What is your advice?
A. They can adopt C, but must jointly adopt;
B. They cannot adopt C because A is disqualified because of conviction of a crime invoking moral turpitude;
C. Since A cannot adopt, B can adopt C alone;
D. They can jointly adopt C, but prove that it will redound to the best interest of C.
Answer: B. They cannot adopt C because A is disqualified because of conviction of a crime invoking moral turpitude;
283. A and B have ten (10) children but wallowing in poverty. C, a relative of A wants to adopt two (2) of their children so that the economic situation of the children will be assured. If you were the judge, how would you decide the petition?
A. I would grant the petition as it would be to the best interest of the children;
B. I would deny the petition because it is against the spirit of the law to consider financial constraint as the primary consideration in adoption;
C. I would grant the petition for as long as the parents give their consent;
D. I would grant the petition for as long as there is a favorable recommendation of the DSWD social worker.
Answer: B. I would deny the petition because it is against the spirit of the law to consider financial constraint as the primary consideration in adoption;
284. A has been using the name Pedro since birth although his record of birth shows that his name is Juan. He is now 25 years old and about to take the Bar Exams. How can he use the name Juan when he will take the Bar Exams?
A. He has to file a petition for change of name;
B. He can go to the Local Civil Registrar and file an administrative petition for change of name;
C. He can just use it with an affidavit that Pedro and Juan refer to one and the same person;
D. He cannot change his name because of lapse of time.
Answer: B. He can go to the Local Civil Registrar and file an administrative petition for change of name;
285. A, a 17-year old girl had a relationship with B, 25 years old. A child C, was born when A was only 17. When A reached 21 years, they got married. Can the child be legitimated?
A. With their marriage, the child C became legitimated. (RA 9585)
B. C cannot be legitimated because there was a legal impediment to marry at the time A conceived and gave birth to her/him.
C. C can acquire the status of legitimacy only by adoption of A and B.
D. C cannot be legitimated because he is not a natural child.
Answer: A. With their marriage, the child C became legitimated. (RA 9585)
286. X and Y are married. They were leasing a parcel of land in 2007; they constructed a house on the leased lot valued at P1M and resided thereon. While in business, they incurred liability from Z who sued them for failure to pay. Judgment was rendered and it became final and executory. Can the house be levied upon?
A. The house can be levied upon to answer for the obligation because it is not a family home.
B. The house is exempt from execution because it is a family home.
C. The house can be levied upon and sold, but the first P200,000.00 or P300,000.00 shall be given to X and Y.
D. The house can be sold after levy because X and Y did not file a motion to quash the levy contending that the house is a family home, hence, waived the right to invoke the exemption from levy.
Answer: A. The house can be levied upon to answer for the obligation because it is not a family home.
287. A and B are married. B filed an action for legal separation on the ground of sexual infidelity of A which was granted. Can A inherit from B?
A. Absolutely, No;
B. Yes, under the law of intestate succession;
C. Yes, under the law of testate succession;
D. No, because his act constitutes an ingratitude.
Answer: C. Yes, under the law of testate succession;
288. A and B are married. They have a daughter C who has a 5-year old child. C went to Hongkong to work for 2 years and left the child to the custody of X and Y who are not related to them. When A and B learned about the departure of their daughter, they demanded the surrender of the custody of their granddaughter, D to them, but X and Y refused, hence A and B sued X & Y for habeas corpus. When the order was served upon them, they produced the body of the child. The court dismissed the petition immediately. Is the dismissal correct?
A. The order of the court is correct because the petition for habeas corpus has become moot and academic.
B. The order of the court is not correct because it should have heard the case to determine if the best interest of the child would be served if custody remains with X & Y or will he transferred to A & B.
C. The order of the court is correct because in the order of preference, the grandparents are given preference by law.
D. The order of the court is correct because the mother has the right to choose the persons who will have custody of her child, looking into the best interest of the child.
Answer: B. The order of the court is not correct because it should have heard the case to determine if the best interest of the child would be served if custody remains with X & Y or will he transferred to A & B.
289. A & B, without the benefit of marriage lived together as husband and wife. They had no legal impediment to marry one another. A was engaged in business. B was at home taking care of their children and the household chores and helping A once in a while in the business but without any compensation. If the relationship ends, is B entitled to a share?
A. A & B are governed by the law on co-ownership that they are entitled to a share of 50-50 over the properties acquired during their coverture.
B. They are governed by a special form of co-ownership that even if she did not contribute materially to the acquisition of the properties, she is entitled to ½ because of the presumption of equal contribution.
C. B is not entitled to a share of the properties because she never contributed to the common fun
Answer: B. They are governed by a special form of co-ownership that even if she did not contribute materially to the acquisition of the properties, she is entitled to ½ because of the presumption of equal contribution.
290. A & B are married. They have a child C, who is in grade 3 at the West Central Elementary School, Dingras, Ilocos Norte. While inside the classroom, C, stabbed D with his pencil resulting in injuries. Is the teacher liable?
A. The teacher is not liable because the school is not a school of arts and trades.
B. The teacher is liable regardless of the nature of the school but can prove the diligence of a good father of a family.
C. The school, administrators and the teacher are solidarily liable for their negligence.
D. The parents are solidarily liable because of their failure to observe due diligence in the custody of their child, since the parents should be the first teachers of their children.
Answer: B. The teacher is liable regardless of the nature of the school but can prove the diligence of a good father of a family.
291. X & Y are married. They have a daughter who is 5 years old. They are living separately in fact. Y left the custody of her child to Z, her sister and went to live with S, a married man. S & Y wanted to get back the custody of Z. Will the action prosper?
A. Yes. They can because parental authority is inalienable.
B. Yes. They can because a child below the age of 7 cannot be separated from the mother.
C. No. They cannot because it would be impossible to have a moral development of Z under an immoral environment.
D. Yes. They can because in the line of preference of custody, Y has the right to have custody over her child.
Answer: C. No. They cannot because it would be impossible to have a moral development of Z under an immoral environment.
292. A & B, without the benefit of marriage lived together as husband and wife. They begot C. A, the father adopted C to elevate him to the status of legitimacy. What is the middle name of the child?
A. C has no middle name because there is no law on middle name.
B. C carries the surname of his biological mother because of customs and traditions of Filipinos.
C. C carries the surname of his biological mother inorder not to make it difficult for him to prove relationship to her when the issue of succession will arise.
D. C carries the middle name of his adopting father.
Answer: B. C carries the surname of his biological mother because of customs and traditions of Filipinos.
293. Jennifer was born an intersex and registered as a female. As she was growing up, there was no development of her female sexual organ and her breast. But there was more development of her male organ, hence, she filed a petition for correction of entries in her record of birth from female to male and to change her name from Jennifer to Johnny. Will the petition prosper?
A. The petition cannot be granted because corrections sought are material entries.
B. The petition can only be granted through an adversarial proceeding.
C. The petition can be granted because if a person was born an intersex, he/she can choose his/her sex when he/she reaches the age of majority because what he/she thinks and feels is what he/she is when she/he reaches the age of majority.
D. The petition to change her name cannot be granted because to change one’s name is a matter of privilege.
Answer: C. The petition can be granted because if a person was born an intersex, he/she can choose his/her sex when he/she reaches the age of majority because what he/she thinks and feels is what he/she is when she/he reaches the age of majority.
294. Which is not a proof of filiation?
A. Record of birth duly signed by the father.
B. Unprobated will which contains recognition of a child.
C. Baptismal certificate.
D. Revoked will containing recognition of a child.
Answer: C. Baptismal certificate.
295. A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?
A. A’s motion cannot be granted because the marriage is presumed to be valid until nullified.
B. The motion cannot be granted as it is not a prejudicial question.
C. The motion cannot be granted because A should have filed an action to declare the marriage void before getting married to C.
D. The motion will be denied because A cannot benefit out of his own wrongdoing.
Answer: B. The motion cannot be granted as it is not a prejudicial question.
296. A and B are married. They have properties including a family home. B predeceased her husband A. Before A died, he executed a will instituting his wife and children, C, D & E. The family home was willed unto C, hence, he is now claiming to be the exclusive owner of the house & lot. Is C correct?
A. The giving of the family home to C is correct because a will is an act whereby a person is given the right to control a certain degree the disposition of his estate to take effect after his death.
B. The act of A is not correct because the family home remains to be so as the symbol of love and unity of the family for 10 years after the death of A.
C. C acquired ownership over the family home because of the death of A, the testator.
D. A’s act is correct and the will will transmit absolute ownership to C after it shall have been probated.
Answer: B. The act of A is not correct because the family home remains to be so as the symbol of love and unity of the family for 10 years after the death of A.
297. A, a man & B, a woman, lived together as husband and wife without the benefit of marriage, resulting in the birth of C. A signed the record of birth of C. Who has a better right of custody over C?
A. B has a better right of custody, C being an illegitimate child.
B. A has a right to have custody because he recognized the child.
C. A has no right to have custody but he has to support C.
D. A & B can have joint custody over C considering that A recognized the child.
Answer: A. B has a better right of custody, C being an illegitimate child.
298. A & B are married. They have children, C & D. After A died, B gave birth to E. the children suspected that E is not the child of their father. Who can impugn the legitimacy of E?
A. C & D can impugn the legitimacy of E.
B. Only A can impugn the legitimacy of E.
C. X & Y, the parents of A can impugn the legitimacy of E.
D. C & D cannot impugn the legitimacy of E because it prescribed after A’s death.
Answer: A. C & D can impugn the legitimacy of E.
299. A & B are married. They have properties and they are governed by the conjugal partnership of gains. They negotiated for the sale of one (1) of their properties to C, but when the signing of the contract came, B did not consent to the sale. During the negotiation, they delivered the property to C. Is the sale valid?
A. The sale is valid because a contract is valid in whatever form it may be entered into.
B. The sale is void because it was done by A without the consent of B.
C. The sale is valid because the consent in the negotiation can be treated as consent in the perfection.
D. The sale is valid because the property has already been delivered to C.
Answer: B. The sale is void because it was done by A without the consent of B.
300. A & B are married. They have a daughter C who is only 5 years of age. B, without the consent of A went to the USA and worked as a nurse and left her daughter with her parents as A is a soldier who is always out of the conjugal dwelling. Can A recover the custody of his child?
A. A can recover custody of his daughter because parental authority is inalienable.
B. A cannot recover custody of his daughter because it may not be possible for him to attend to her needs.
C. The parents of B have a better right to take care of C considering that they are affluent and the best interest of the child is of utmost importance.
D. A cannot recover the custody of his child because the mother’s decision is binding as the child is below the age of 7.
Answer: A. A can recover custody of his daughter because parental authority is inalienable.
301. A & B lived together as husband and wife without the benefit of marriage. For a few months before his death, A was writing his autobiography and stated that he loved B so much and because of that, they decided to live together as husband and wife, but planned to marry. At the time he was writing his autobiography, B was pregnant and he stated in his autobiography that he was the father of the child inside the womb of B. He died without finishing it and failed to sign the same. Two (2) months thereafter, the child C, was born, hence, B sought to register the child under the name of A but the Local Civil Registrar refused, hence, she filed a suit for mandamus to compel the registrar to register the child under A’s name. She testified as narrated above; D, the father of A testified that during the lifetime of A he lived with B and she was pregnant at that time. E the brother of A likewise testified along the same line. Is the action of B correct?
A. The child cannot be registered under A’s name because the autobiography was not signed.
B. The child cannot be registered under A’s name otherwise, it would be easy for a woman to vest legitimate status upon a child even if he is illegitimate.
C. The child can be registered under A’s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E.
D. The child cannot be registered under A’s name because an unsigned document is not evidence of recognition.
Answer: C. The child can be registered under A’s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E.
302. A, a married man had amorous relationship with B, resulting in the birth of C. C’s existence is with the knowledge of his wife and children. In fact, A and his family were even supporting C who was welcomed in all family occasions. What is the meaning of the acts of A and his family?
A. The acts of A and his family are considered as acts of recognition.
B. The acts of A can be considered as proof of filiation without need of going to court.
C. The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts.
D. C cannot go to court to prove filiation considering that there is no documentary evidence showing recognition.
Answer: C. The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts.
303. Samson, the son of a wealthy family has always claimed that since childhood, he was not a boy. He played with the girls and did not mingle with the boys. After finishing his course at a university in the Philippines, he went to the US to take up his masteral and doctorate degrees. He consulted several doctors of the possibility of sex transmission from that of male to that of a female. The sex transmission was done in Thailand and which was certified as successful by a medical expert in Manila, hence, he claimed to be a woman. He filed a petition for correction of entry of his record of birth from male to female and his name from Samson to Delailah as he was marrying his fiancé. The lower court granted the petition. Is the order of the court correct?
A. The order is correct because it is the right to a person to choose his/her gender.
B. The order is correct because a person’s status can be changed thru the intervention of medical science due to the advances in science and technology.
C. The order is correct as there would be no adverse effects, but rather, it would redound to the benefit of Samson.
D. The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one’s name.
Answer: D. The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one’s name.
304. 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.
305. 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.
306. 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.
307. A & B are married. They have a house and lot at Forbes Park which was acquired out of their incomes during the marriage. While serving as ambassador in Japan, he lived with C and begot children. After his retirement, he came back to the Philippines but went to live with C. He wanted to sell the house but B refused to give consent, hence, he filed an action in court seeking for authority from the court to sell the property. B filed an answer with a counterclaim for legal separation. The counterclaim was granted. Is A entitled to a share of the house and lot?
A. A does not have a share in the house and lot because he was pronounced the guilty spouse in the action for legal separation.
B. A can have a share in the house and lot because it was acquired through their joint efforts.
C. The court can allow the sale of ½ of the house and lot since it is co-owned by them, sharing 50-50 when the marriage shall be dissolve
Answer: D.
308. 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.
309. 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.
310. 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.
311. 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.
312. 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.
313. 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;
314. 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.
315. 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.
316. 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;
317. 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
318. How much of their properties may the future spouses donate to one another?
A. 100%
B. 50%
C. 20%
D. 25%
Answer: C. 20%
319. 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.
320. 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;
321. 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;
322. 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;
323. 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.
324. 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;
325. 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;
326. 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)
327. 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
328. 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;
329. 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;
330. 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;
331. 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)
332. 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.
333. 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;
334. 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;
335. 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)
336. 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;
337. 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)
338. 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.
339. 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.
340. 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.
341. 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
342. 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.
343. 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)
344. 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.
345. 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.
346. 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.
347. 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.
348. 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.
349. 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.
350. 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
351. 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.
352. 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;
353. 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;
354. 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.
355. 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.
356. 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;
357. 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;
358. 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;
359. 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;
360. 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.
361. 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.
362. 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.
363. 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.
364. 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.
365. 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.
366. 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
367. 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.
368. 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.
369. In case of a conflict between two persons regarding the possession of a certain property, which of the following rules is incorrect?
A. Present possessor is preferred.
B. If both are in possession, the one longer in possession shall be preferred.
C. If possession started at the same time, the one with the title is preferre
Answer: D.
370. 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.
371. 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.
372. 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
373. 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)
374. 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.
375. 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.
376. 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.
377. 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.
378. 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.
379. 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.
380. 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.
381. 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;
382. 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)
383. 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.
384. 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;
385. “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)
386. 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.
387. 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.
388. 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;
389. 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;
390. 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);
391. 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;
392. 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;
393. 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.
394. 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
395. 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
396. 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.
397. 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
398. 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
399. 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).
400. 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);
401. 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;
402. 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.
403. 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.
404. 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.
405. 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.
406. In cases of reserve troncal, the reservista can sell the property subject of reserva. True or false?
A. True, but subject to resolutory condition, hence, can rescind the conrtact;
B. False, because he/she is not the owner as he holds the property merely in trust for the reservatarios.
C. True, because having a title over it, the buyer can just rely upon the title under the mirror doctrine.
D. True, because from the moment of death of the descendant propositus, the reservista acquired ownership over the property subject of reserva.
Answer: A. True, but subject to resolutory condition, hence, can rescind the conrtact;
407. A & B are married. They have children, C & D. C is married to X and they have children, Y & Z. D is married to S and they have children, T & U. He has likewise an illegitimate child, V. Before A died he executed a will instituting his heirs including V. Can V inherit from A considering that he is an illegitimate child of D?
A. V cannot inherit because he is an illegitimate child of D.
B. V cannot inherit despite his institution because of the barrier between the legitimates and the illegitimates.
C. V can inherit because the iron curtain applies only in cases of intestacy.
D. V can inherit because the will of A is an act whereby he is given the right to determine his heirs.
Answer: C. V can inherit because the iron curtain applies only in cases of intestacy.
408. A executed a will with B, C & D as witnesses. At the time of the subscription by A, C & D on each and every page of the will, B was outside the room with an open door. Is the will valid?
A. The will is void because it was not subscribed in his presence.
B. The will is valid because the phrase “in the presence” does not mean actual seeing but mere opportunity to have witnessed and seen the signing.
C. The will is valid because there is substantial compliance with the law.
D. The will is void because it requires the presence of the witnesses to prevent fraud, in the execution of the will and to protect the integrity of the will.
Answer: B. The will is valid because the phrase “in the presence” does not mean actual seeing but mere opportunity to have witnessed and seen the signing.
409. X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?
A. Yes, because the probate of a will is imprescriptible as it is mandated by public policy.
B. No more because it has already prescribed.
C. Yes because they cannot extrajudicially settle the estate due to the existence of a will.
D. No more because of laches.
Answer: A. Yes, because the probate of a will is imprescriptible as it is mandated by public policy.
410. A executed a will instituting his heirs and X, his illegitimate child whom he recognized. Before his death, he revoked the will. What is the effect of the revocation of the will?
A. The revocation necessarily carries with it the revocation of the recognition of X.
B. The revocation has no effect on X as the will can be used as an authentic writing as proof of filiation.
C. With the revocation of the will, X has yet to go to court and prove filiation with the use of the will.
D. The will has no favorable effect on X because of its revocation and its non-admission to probate.
Answer: B. The revocation has no effect on X as the will can be used as an authentic writing as proof of filiation.
411. Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua’s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.
A. X can still be prosecuted.
B. X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.
C. The probate of the will is res judicata to the prosecution of X.
D. X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will.
Answer: B. X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.
412. A & B are married. They have children, C & D. C has an illegitimate child, E. A died in 2007 and B, C & D inherited from him. C, specifically inherited a house & lot from A located at Ayala Alabang. C died in 2009. Who can inherit from C?
A. B & D alone can inherit from C.
B. E cannot inherit because there is a barrier between illegitimates and legitimates.
C. E can inherit from C because the iron curtain does not apply to C & E.
D. E cannot inherit considering that the only estate C left was his inheritance from A, hence, the iron curtain still applies.
Answer: C. E can inherit from C because the iron curtain does not apply to C & E.
413. A & B are married. They have a son C who is married to D with children, E & F. C & D adopted G. C died in 2006. A died in 2010. Can G inherit by right of representation?
A. G can inherit by right of representation being the son of C.
B. G cannot inherit by right of representation because such right applies only to blood relatives.
C. G can inherit by right of representation because one of the rights of an adopted child is the right of inheritance without any distinction and discrimination.
D. G can inherit by right of representation like E & F otherwise, he would be deprived of his legitime resulting in unfairness.
Answer: B. G cannot inherit by right of representation because such right applies only to blood relatives.
414. X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.
A. C is correct because the law requires that the holographic will must be completely dated;
B. C is not correct because there is substantial compliance with the requirement of the law.
C. C is correct because the incomplete date affects the integrity of the will.
D. C is correct because the complete date protects the will from commission of fraud and trickery.
Answer: B. C is not correct because there is substantial compliance with the requirement of the law.
415. A and B are married. They have children X, Y and Z. Before his death, A donated a parcel of land to X denominated as an irrevocable donation. He died leaving a will but did not institute X. When the will was submitted to probate, X opposed on the ground of preterition. Is X correct?
A. X is correct because he is an heir in the direct line, hence, entitled to his legitime.
B. X is not correct because the donation is an advance inheritance.
C. X is correct because donation being irrevocable is not collationable.
D. X is correct, otherwise, it would be unfair to him being an heir of A.
Answer: B. X is not correct because the donation is an advance inheritance.
416. A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will?
A. The will is invalidated;
B. The will is valid and effective;
C. The legacy given to B’s child is not valid;
D. The will is valid and the legacy will be given to B’s child because a will is the voice of the testator even after death.
Answer: C. The legacy given to B’s child is not valid;
417. A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?
A. Yes, because of the total institution of the descendants;
B. Yes, because failure to state the ground for the non-institution of the descendants;
C. No, because B, C and D shall inherit from the estate of A by the rules of intestacy;
D. No, because B, C and D are deemed instituted.
Answer: D. No, because B, C and D are deemed instituted.
418. A executed a holographic will disinheriting his children B but did not institute C and D. Is there a need for the will to be probated?
A. No more, because it would be an exercise in futility as no one will inherit on the basis of the will;
B. Yes, because without the will being admitted to probate the disinheritance shall be ineffective;
C. Yes, because a will shall not pass any right to the heirs unless it is admitted to probate;
D. Both B and C.
Answer: B. Yes, because without the will being admitted to probate the disinheritance shall be ineffective;
419. When does the right of representation take place?
A. In the direct descending line;
B. If there is an adopted child;
C. In the ascending line;
D. Even in the collateral line.
Answer: A. In the direct descending line;
420. In fideicommissary substitution when will there be transmission of rights to the second heir?
A. Upon the death of the testator;
B. Upon the death of the first heir;
C. Upon the death of the last relative of the testator;
D. Upon the execution of the will by the second heir.
Answer: B. Upon the death of the first heir;
421. At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?
A. Grant it because A was of sound mind at the time of death;
B. Grant it because the subsequent capacity cured the defect of the void will;
C. Deny probate because the will is void ab initio;
D. Grant it since the will is extrinsically valid and complete
Answer: C. Deny probate because the will is void ab initio;
422. What do you call the act of a testator of designating a person to take the estate in case of default of the instituted heir?
A. Substitution
B. Representation
C. Institution
D. Accretion
Answer: A. Substitution
423. In which of the following is the right of representation inapplicable?
A. In case of predecease of an heir;
B. In case of repudiation by an heir;
C. In case of incapacity of an heir;
D. In case of a valid disinheritance of an heir.
Answer: B. In case of repudiation by an heir;
424. When is the capacity of the testator considered?
A. At the time of the probate of the will;
B. At the time of the death of the testator;
C. At the time of the execution of the will;
D. At the time of the allowance of the will.
Answer: B. At the time of the death of the testator;
425. A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?
A. Deny probate because the will is void as he did not understand the language;
B. Deny because he could not have written in a language he did not understand;
C. Grant probate provided that it was explained to him in a language understood by him;
D. Deny because of the possibility of fraud.
Answer: C. Grant probate provided that it was explained to him in a language understood by him;
426. A died without leaving a compulsory heir. Before he died, he donated his properties to the church. After his death, his brothers questioned the validity of the donation. Is their act correct?
A. Yes, because they are compulsory heirs;
B. No, because they are not compulsory heirs entitled to a legitimate;
C. Yes, because while the donor can donate his properties, he must leave something to his relatives;
D. Yes, because of the close family ties of Filipinos.
Answer: B. No, because they are not compulsory heirs entitled to a legitimate;
427. A died leaving no compulsory heirs except his brothers and sisters of the full blood and a cousin. How shall his estate be partitioned?
A. The brothers and sisters and the cousin will inherit in equal shares;
B. The brothers and sisters will inherit in equal shares;
C. The cousin will get ½ of the share of each brother;
D. The cousin is not entitled to any share not being a collateral relative who is entitled under the law of intestate succession.
Answer: B. The brothers and sisters will inherit in equal shares;
428. A, the son of X and Y was indebted to B in the amounted of P10M. Should the amount be brought to collation if X and Y paid the same?
A. No, because it is the duty of the parents to support a child;
B. Yes, because it is a donation inter vivos made to A, a compulsory heir, hence, an advance inheritance;
C. No, because A is merely indebted to X and Y;
D. No, because it was not gratuitously given.
Answer: B. Yes, because it is a donation inter vivos made to A, a compulsory heir, hence, an advance inheritance;
429. X and Y sold a house and lot to their son valued at P10M for only P3M with the condition that it will be delivered after their death. After their death, should the property be brought to collation?
A. Yes, because the contract was not a sale but a donation inter vivos;
B. Yes, because it was a donation mortis causa;
C. No, because it was not acquired by gratuitous title but by onerous title; (Reyes v. CA)
D. Yes, because it was a simulated sale as the price is unusually inadequate.
Answer: C. No, because it was not acquired by gratuitous title but by onerous title; (Reyes v. CA)
430. A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?
A. It will admit the will to probate because of the doctrine of lex loci celebrationis;
B. It will not admit the will to probate unless probated first in Canada;
C. It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)
D. It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.
Answer: C. It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)
431. The attestation in the will of A omitted to state that the testator signed the pages of the will in the presence of the instrumental witnesses. Can evidence aliunde be admitted to prove such fact in the probate proceeding?
A. Yes, to give due course to the petition for probate;
B. No, because such fact cannot be determined from an examination of the will itself;
C. Yes, because the will of a person is his voice even after his death; (Reyes v. CA)
D. Yes, because the court should give tender care to the will.
Answer: B. No, because such fact cannot be determined from an examination of the will itself;
432. Which is not correct in the following statements:
A. Collation is a mere mathematical operation by the addition of the value of donations made by the testator to the value of the hereditary estate;
B. Collation is the return to the hereditary estate of property disposed of by gratuitous title by the testator during his lifetime;
C. One of the purposes of collation is to secure equality among the compulsory heirs in so far as it is possible and to determine the free portion after finding the legitime so that inofficious donations may be reduce
D. (6 Manresa 406)
Answer: D. (6 Manresa 406)
433. A lent money to B in 1950 payable in 1951. Despite demand, B failed to pay. In 2011, his daughter who recently became a lawyer sent a demand for payment to B who sent a letter acknowledging the debt and asked for one (1) year to pay but failed to pay within the extended period. A filed a complaint for sum of money. How do you think the court will decide?
A. Dismiss the action due to prescription;
B. Dismiss due to laches;
C. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);
D. Dismiss on the ground of estoppel.
Answer: C. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);
434. In 1980, during the lifetime of A’s parents he executed a waiver of right over his future inheritance in favor of his brother B. A predeceased his parents. After the death of his parents in 2010, B obtained a title over the whole estate. Can A’s children recover their father’s share?
A. No, because of prescription;
B. No, because of laches;
C. Yes, because laches cannot be set up to resist enforcement of an imprescriptible right, hence the children can vindicate their inheritance despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435);
D. No, because they were not paties to the agreement, hence, they have no personality. (Art. 1397, NCC).
Answer: C. Yes, because laches cannot be set up to resist enforcement of an imprescriptible right, hence the children can vindicate their inheritance despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435);
435. A owes B the amount of P1M. C wrote B that he would take care of the obligation as soon as A had made shipment of copra to the USA. A failed to make the shipment. Is C liable?
A. Yes, because he assumed the obligation voluntarily;
B. No, because he did not assume but merely committed to take care of the debt;
C. No, because the suspensive condition did not happen;
D. Both B and C.
Answer: D. Both B and C.
436. A and B entered into a contract for A to manufacture boxes to be used by B for his export business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated follow-up of the immediate production of the boxes. B filed a complaint for reimbursement of the P2M.
A. The action will not prosper because of lack of demand by B for A to fulfill his obligation;
B. The action will prosper because the follow-up is the equivalent of demand to comply;
C. The action will prosper because in reciprocal obligations rescission is implied in case of non-performance;
D. The action will prosper, otherwise, A will enrich himself at the expense of B.
Answer: C. The action will prosper because in reciprocal obligations rescission is implied in case of non-performance;
437. A and B entered into a compromise agreement dated April 29, 2007 and approved on July 1, 2007. It states that A will pay B the amount of P1M within one (1) year from the execution of the agreement. What is the reckoning point of the one (1) year period?
A. From the approval of the compromise;
B. From the receipt of the judgment based on compromise;
C. From the date of the execution of the compromise;
D. 15 days after receipt of the judgment. (Santos Ventura Hocorma Foundation, Inc. v. Santos, 5 November 2004).
Answer: C. From the date of the execution of the compromise;
438. A and B entered into a contract, subject to the condition that in case the Senate will not concur in to the treaty, neither party will be liable. The Senate rejected it. Can A invoke force majeure or fortuitous event as a ground to exempt himself from liability?
A. No, because it is not an act of God;
B. Yes, because of the binding effect of contracts;
C. Yes, because while the non-concurrence is foreseeable, it is beyond their control;
D. Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v. Globe Telecom, Inc. 25 May 2004; Sicam v. Jorge, 8 August 2007).
Answer: C. Yes, because while the non-concurrence is foreseeable, it is beyond their control;
439. A borrowed money from Metrobank and executed a mortgage over his house and lot as security. No period has been agreed upon on the date of payment. Before the lapse of ten (10) years, the bank foreclosed the mortgage. Is the bank correct?
A. Yes, because of delay in the payment of the obligation;
B. Yes, otherwise the action to foreclose might prescribe;
C. No, because the proper remedy is for the bank to file an action for the fixing of the perio
D. (Art. 1197, NCC, Pacific Bank v. CA, 5 May 1989);
Answer: C. No, because the proper remedy is for the bank to file an action for the fixing of the perio
440. A lent money to B with a penalty clause providing for 6% per month. In case a suit is filed, what do you think the court will do with the penalty?
A. It will declare it void because it is contrary to law;
B. It will declare it void because it is contrary to public policy;
C. It will reduce the penalty. (Art. 1229, NCC);
D. It will declare the penalty void as it is contrary to morals.
Answer: C. It will reduce the penalty. (Art. 1229, NCC);
441. Which of the following is not correct in connection with the requisites of rescission?
A. It must be gratuitous;
B. It must be accepted by the obligor;
C. The obligation must be demandable. (Art. 1270, NCC);
D. It can be unilateral.
Answer: D. It can be unilateral.
442. A owes money to B evidenced by a PN payable on A’s birthday. When A was celebrating his birthday, B put the PN inside an envelope and delivered it to A. What is the effect of B’s act?
A. Nothing as there was no intention to extinguish the obligation;
B. Nothing as B did not state his intention to condone the obligation;
C. The delivery of the PN implies the renunciation of the action which B had against A; (Art. 1271, NCC)
D. Nothing as condonation must be accepted.
Answer: C. The delivery of the PN implies the renunciation of the action which B had against A; (Art. 1271, NCC)
443. Is a stipulation in a contract of lease granting the lessee an exclusive right to renew the contract valid?
A. No, because it is violative of the principle of mutuality of contracts;
B. No, because validity or compliance cannot be left to the will of only one of the parties;
C. Yes, it is fundamentally part of the consideration in the contract. (Allied Bank v. CA, January 16, 1998)
D. No, it is contrary to law.
Answer: C. Yes, it is fundamentally part of the consideration in the contract. (Allied Bank v. CA, January 16, 1998)
444. The following enumeration is correct, except:
A. Consensual contracts are perfected by mere consent;
B. Real contracts are perfected by the delivery of the object;
C. All contracts are perfected by mere consent;
D. Even if the lessor is obliged to deliver the thing leased, it is still a consensual contract.
Answer: C. All contracts are perfected by mere consent;
445. Consent in a contract is manifested by any of the following acts, except:
A. Delivery of downpayment;
B. Delivery of earnest money;
C. Delivery of option money;
D. Delivery of a letter accepting the offer with qualification.
Answer: D. Delivery of a letter accepting the offer with qualification.
446. The following are correct in connection with contracts of adhesion, except:
A. Prepared by only one of the parties and the other merely affixed his signature;
B. They are void as they are one sided;
C. They are binding as ordinary contracts;
D. Due to their peculiar nature, their validity is determined in light of the circumstances under which the stipulations are intended. (Sps. Ermitaño v. CA, April 21, 1999)
Answer: B. They are void as they are one sided;
447. An action pauliana is an action to rescind contracts in fraud of creditors. The following are its requisites, except:
A. Plaintiff asking for rescission has a credit prior to the alienation although demandable later. (Panlilio v. Victoria, 35 Phil. 706)
B. Debtor has made a subsequent contract conveying a patrimonial benefit to a third person.
C. Creditor has no other legal remedy.
D. The third person was not a party to the fraud.
Answer: D. The third person was not a party to the fraud.
448. A is indebted to ABC Corporation in the amount of P100M. Despite efforts to collect from A, the latter failed to pay due to business reverses as he has no more assets. In order to maintain a more accurate inventory of the worth of its current assets, ABC Corp. was forced to write-off A’s obligation. One (1) year later, A won the lotto draw in the US in the amount of $100M. Learning of the good luck of A, it demanded for payment, but A refused to pay contending that his obligation was extinguished when it was written-off. Is A correct?
A. A is correct because write-off is a mode of extinguishing an obligation.
B. A is correct because write-off is a compromise of liability.
C. A is correct because write-off is a condonation of an obligation.
D. A is not correct because in making the write-off, only the creditor takes action by removing the uncollectible account from its books even without the approval or participation of the debtor, hence, there is no extinguishment of the obligation. (Reyna, et al. v. COA, G.R. No. 167219, February 8, 2011)
Answer: D. A is not correct because in making the write-off, only the creditor takes action by removing the uncollectible account from its books even without the approval or participation of the debtor, hence, there is no extinguishment of the obligation. (Reyna, et al. v. COA, G.R. No. 167219, February 8, 2011)
449. X communicated to Y that he was selling his house and lot and gave him an option to buy the same up to the end of the month of September. Y accepted the offer with an agreement that Y will allow X to stay in his house in Los Angeles, California during Christmas time that year. Is the option binding upon X?
A. The option is not binding since no payment in the form of money was delivered to X by Y.
B. The option is not binding because no property or anything of value was delivered to X by Y.
C. The option is binding as the consideration can be in an undertaking.
D. The option is not binding or void because no consideration at all was paid.
Answer: C. The option is binding as the consideration can be in an undertaking.
450. A was employed by ABC Co. as manager in Metro Manila subject to the condition that if A will be severed from the company, voluntarily or involuntarily, he cannot get involved in any business of the same nature with ABC’s business in Metro Manila within a period of six (6) months from severance. Is the stipulation valid?
A. The stipulation is not valid because it is contrary to public policy.
B. The stipulation is not valid because it is contrary to law, as it is a restraint of trade.
C. The stipulation is valid because of the principle of mutuality of contracts.
D. The stipulation is valid because the non-involvement clause provides for time and place to prevent unfair competition and advantage.
Answer: D. The stipulation is valid because the non-involvement clause provides for time and place to prevent unfair competition and advantage.
451. When A’s obligation to B became due and demandable, A offered to pay, but refused to accept payment. State the remedies of A.
A. A must make a tender of payment to B.
B. A must make a tender of payment and deposit the amount in court.
C. A can go direct to court and deposit the amount due in court.
D. A must make a tender of payment, deposit the amount in court and make a subsequent notice.
Answer: D. A must make a tender of payment, deposit the amount in court and make a subsequent notice.
452. A & B entered into an oral contract of sale of A’s car worth P4.5M where the object was supposed to be delivered upon payment of the price. When A went to B’s house to pay the price, the latter refused to sell hence, a complaint for specific performance was filed by A. will the complaint prosper?
A. The complaint will not prosper because the contract is not enforceable as it is not in writing.
B. The complaint will prosper because a contract can be valid in whatever form it may be entered into.
C. The complaint will not prosper because the contract is void as it was not put into writing.
D. The complaint will prosper because of the principle of mutuality of contracts.
Answer: A. The complaint will not prosper because the contract is not enforceable as it is not in writing.
453. A is a contractor, building roads for the government which has not paid him P100M. Before he filed his income tax returns, he wrote a letter to the BIR Commissioner proposing a set-off between the State and A considering that his tax liability amounts to P10M and the State has not paid him despite demand. Is A correct?
A. A is correct because the State and A are mutually debtor and creditor of each other.
B. A is not correct because tax is the life blood of the government.
C. A is correct, otherwise, the State would enrich itself at the expense of A.
D. A is not correct because a tax is different from an ordinary debt, and they are not mutually debtors and creditors of one another.
Answer: D. A is not correct because a tax is different from an ordinary debt, and they are not mutually debtors and creditors of one another.
454. A is indebted to B in the amount of P2M. When the obligation became due and demandable B delivered to A his car and A accepted it. A month later A sued B for sum of money. Can B interpose the defense of dacion en pago?
A. B can interpose the defense of dacion en pago, because of the acceptance of the object.
B. B can interpose the defense of extinguishment of the obligation by way of novation.
C. B can interpose the defense of novation since the delivery of the car resulted in a change of relationship.
D. B cannot interpose the defense of novation because novation cannot be presumed, it must be expressly agreed upon.
Answer: D. B cannot interpose the defense of novation because novation cannot be presumed, it must be expressly agreed upon.
455. A called up B that he was selling his house and lot for P10M. Within one (1) hour after B accepted the offer, he invited A for dinner at the Manila Hotel where B paid the dinner in the amount of P5,000.00. They agreed that the P5,000.00 was the downpayment. A receipt for the payment of P5,000.00 for the dinner was issued. When A refused to sell, B sued for specific performance. Is B correct?
A. B is correct because the contract has been partially executed due to the agreement that the P5,000.00 paid for their dinner constituted the downpayment.
B. B is not correct since the contract is unenforceable as it was not put to writing.
C. A is wrong because the contract is unenforceable as there was no payment of the price.
D. The contract is valid because it has all the elements of a valid contract.
Answer: A. B is correct because the contract has been partially executed due to the agreement that the P5,000.00 paid for their dinner constituted the downpayment.
456. ABS-CBN entered into a contract with WR under certain terms and conditions. Both parties violated their contract, to the extent that WR transferred to another station despite the contract.
A. ABS-CBN can rescind the contract because of material breach committed by WR.
B. WR can rescind the contract due to violations committed by ABS-CBN.
C. The court will not grant rescission because of mutual breach.
D. The court will not rescind the contract, but will just temper the award of damages in its judgment.
Answer: D. The court will not rescind the contract, but will just temper the award of damages in its judgment.
457. What is the remedy if a document does not reflect the true intention of the parties?
A. File an action to annul;
B. File an action to nullify;
C. File an action for reformation;
D. File an action to enforce.
Answer: C. File an action for reformation;
458. Who may file an action to annul a contract?
A. Any person;
B. A party primarily or subsidiarily bound;
C. The State as protector of the rights of its citizens;
D. Heirs of a party.
Answer: B. A party primarily or subsidiarily bound;
459. What is the remedy of a party whose right of first refusal to buy a property was violated?
A. Action for declaration of nullity of the contract;
B. Action for rescission;
C. Action for annulment;
D. Action to declare the contract unenforceable.
Answer: B. Action for rescission;
460. In which of the following is a contract of sale not perfected?
A. Giving of downpayment;
B. Giving of earnest money;
C. Giving of option money;
D. Accepting the offer.
Answer: C. Giving of option money;
461. The following statements are correct, except:
A. A right of first refusal is without any consideration;
B. In granting a right of first refusal, the period has yet to be determined at a future time;
C. In granting a right of first refusal, the amount to be paid will be determined at a future time;
D. A right of first refusal must be supported by a consideration in the form of money to be binding. (Vasquez v. CA)
Answer: D. A right of first refusal must be supported by a consideration in the form of money to be binding. (Vasquez v. CA)
462. All the statements below are correct, except:
A. An option contract is separate and distinct from the contract of sale;
B. An option contract must be supported by consideration distinct from the price;
C. An option contract can only be supported by consideration in the form of money;
D. An option contract can be supported by consideration in the form of an undertaking.
Answer: C. An option contract can only be supported by consideration in the form of money;
463. A and B entered into a contract for A to construct a 20-door apartment for B. Payment shall start after the construction of ten (10). A subsequent agreement was entered into that payment will start after construction of seven (7). What is the effect of the subsequent agreement?
A. It is extinguished the obligation partly because of novation;
B. It is a modificatory novation as there was a change in the principal terms and conditions of the contract;
C. It is an extinctive novation as the two (2) agreements are incompatible;
D. It did not alter the relationship as it has no effect at all.
Answer: B. It is a modificatory novation as there was a change in the principal terms and conditions of the contract;
464. A entered into a contract of sale over B’s house and lot but since there is a balance which remained unpaid, A executed a mortgage over the house and lot. A failed to pay. Can B rescind the contract?
A. Yes, because of material and substantial breach;
B. Yes, because there was delay in the payment of the price;
C. No, because the relationship is no longer that of buyer and seller, but mortgagor and mortgagee.
D. No, because the remedy is to foreclose the mortgage, rescission not being the principal remedy, but merely subsidiary.
Answer: D. No, because the remedy is to foreclose the mortgage, rescission not being the principal remedy, but merely subsidiary.
465. A, was a consistent scholar at a prestigious university enjoying free tuition fees, books, clothing and housing allowances and was given a cash allowance of P25,000.00 per month. Due to some family problems, he decided to go back to General Santos City and enrolled at Holy trinity College, but before he could obtain his credentials, he was required to refund the amount of P300,000.00 equivalent to the privileges he enjoyed as that was the condition in the scholarship grant. Can he recover the amount?
A. No, because the contract is the law between the parties;
B. No, because of the principle of mutuality of contracts;
C. Yes, because the stipulation is contrary to morals and public policy. (Cui v. Arellano Univ., May 30, 1961; Art. 1306, NCC)
D. No, because of the principle of solution indebiti.
Answer: C. Yes, because the stipulation is contrary to morals and public policy. (Cui v. Arellano Univ., May 30, 1961; Art. 1306, NCC)
466. X brought a house and lot from Y valued at P5M. He paid P3M and for the balance, he executed a promissory note with interest at 10% to be paid within 90 days. ABC Corporation executed a surety for the balance. X failed to pay, hence, ABC paid the amount and sued X for the interest and the principal. X contended that he is not bound due to novation when Y accepted the security. Is X correct?
A. Yes, because there is complete incompatibility between the PN and the surety bond;
B. No, because the two contracts, PN and surety can stand together, the surety being merely an accessory to the original contract;
C. Yes, because of implied novation;
D. Yes, because the surety is a new and separate contract.
Answer: B. No, because the two contracts, PN and surety can stand together, the surety being merely an accessory to the original contract;
467. State the effect of illegal or immoral conditions in donations con causa onerosa. (onerous donations.)
A. The condition is considered as not imposed regardless of whether negative or positive;
B. Since the donations are governed by the law on contracts, the impossible or illicit conditions annul the obligation dependent upon the condition where the condition is positive and suspensive;
C. The illegal condition annulled the donation/contract even if the impossibility merely supervened;
D. Impossible or illegal conditions do not annul totally the obligations which depend upon them.
Answer: B. Since the donations are governed by the law on contracts, the impossible or illicit conditions annul the obligation dependent upon the condition where the condition is positive and suspensive;
468. A sent a document letter to B and obligated himself to give him P10M when he will feel like doing it. A year later, B wanted to enforce the commitment of A. What would be your advice if you were the counsel?
A. I would advice him to enforce it because the letter is akin to a contract;
B. I would advice him to enforce it because the letter is a source of a demandable obligation;
C. I would not advice him to enforce since the promise is void as the performance depends upon the sole will of A; (Art. 1182, NCC)
D. I would advice him to enforce because the letter is an express acknowledgment of an obligation.
Answer: C. I would not advice him to enforce since the promise is void as the performance depends upon the sole will of A; (Art. 1182, NCC)
469. A and B entered into a contract of sale over A’s property. The document that evidences the contract did not state how much was paid, but A delivered the property to B. What is the nature of the contract?
A. Void;
B. Valid;
C. Unenforceable;
D. Rescissible.
Answer: B. Valid;
470. A school granted scholarship to EC but subject to the condition that if he will transfer to another school, he will refund all benefits he has already enjoyed. Is the stipulation valid?
A. Yes, because of the principle of mutuality of contracts;
B. Yes, because of the principle of relativity of contract;
C. No, because it is contrary to morals and public policy;
D. No, because it is contrary to law.
Answer: C. No, because it is contrary to morals and public policy;
471. When A borrowed money from B, the latter gave him a check for P10M as it was a Sunday. Was the contract of mutuum perfected?
A. Yes, because the contract is valid in any form;
B. Yes, because the delivery of the check in an evidence of perfection;
C. Yes, because of the principle of mutuality;
D. No, unless the proceeds of the check shall have been delivered.
Answer: D. No, unless the proceeds of the check shall have been delivered.
472. A induced B to violate his contract with C resulting in damage to C. Under what rule is A liable for damages?
A. Liability is based on contract;
B. Liability is based on crime;
C. Liability is based on tort;
D. there is no basis for liability of A die to lack of privity.
Answer: C. Liability is based on tort;
473. The following are void contracts, except:
A. Where the stipulation is contrary to law, public order, public policy, morals;
B. Where the object is inexistent;
C. Where the price or consideration is not reflected in the document that evidences that contract;
D. Where the stipulation refers to an impossible condition.
Answer: C. Where the price or consideration is not reflected in the document that evidences that contract;
474. What is the nature of a contract where the buyer did not pay the price?
A. Void;
B. Rescissible
C. Voidable;
D. Unenforceable.
Answer: B. Rescissible
475. A sold his house and lot to B for P10M payable in 10 monthly installments. B paid P9M but failed to pay the last installment. What is the remedy of A?
A. Can file an action to declare the contract void;
B. Can file an action to rescind the contract;
C. Can file an action to enforce and collect the balance;
D. Can file an action to rescind.
Answer: C. Can file an action to enforce and collect the balance;
476. X, Y & Z entered into a contract of loan with A obligating themselves solidarily to pay to A without need of demand on June 16. A condoned X’s obligation; Y is insolvent. How much can A collect if the amount is P900,000.00?
A. The full amount because anyone of the solidary debtors can be required to pay.
B. P300,000.00 because of the condonation and insolvency of two (2) of the solidary debtors.
C. P600,000.00 by suing X & Z where Z will pay P300,000.00 plus P150,000.00 as his share in Y’s obligation and where X will pay P150,000.l00 as his share in Y’s obligation, but with a right of reimbursement.
D. P900,000.00 chargeable against Z but with right of reimbursement.
Answer: C. P600,000.00 by suing X & Z where Z will pay P300,000.00 plus P150,000.00 as his share in Y’s obligation and where X will pay P150,000.l00 as his share in Y’s obligation, but with a right of reimbursement.
477. X and Y executed a contract of lease, which provides as follows: “In the event that the lessee fails to pay on or before the due date of payment herein specified, the contract is deemed automatically terminated” and the lessee can be evicted without need of judicial order. Suppose that Y, the lessee fails to pay the rentals after giving a demand letter, may X, the lessor evict Y immediately?
A. No, because it is a principle in law that a person cannot take the law into his own hands.
B. No, because judicial order is required.
C. Yes, because X, as the owner has a superior right to possess the property.
D. Yes, under the principle of mutuality of contract.
Answer: D. Yes, under the principle of mutuality of contract.
478. A has in his possession B’s car. He sold it to C without the consent of B, but one day thereafter B sold the same car to B. Who is the owner of the car?
A. B because the sale by A to C is void;
B. C, because A’s title which he acquired from B passed to C by operation of law;
C. B because A could not have sold what he did not own;
D. C because of estoppel.
Answer: B. C, because A’s title which he acquired from B passed to C by operation of law;
479. A & B are married. Out of the inheritance of A in the amount of P10M, they bought a house and lot and registered it under the name of B. State the relationship between A & B?
A. B can claim to be the exclusive owner being the registered owner.
B. B is holding the property for the conjugal partnership since there is a presumption of conjugality of a property acquired by onerous title during the marriage.
C. B is holding the property in trust in favor of A.
D. B can properly contend that the property shall be divided into two(2) upon the dissolution of their marriage.
Answer: C. B is holding the property in trust in favor of A.
480. In 1990, A, B & C purchased a real property but agreed that the same be registered under the name of A. In 2009, B & C asked for partition, but A contended that he was already the exclusive owner more than 20 years on the ground of laches having lapsed since the registration of the property under his name. Is A correct?
A. A is not correct because he is merely a trustee in an express trust.
B. A is not correct because he did not repudiate the trust, it being an express trust.
C. A is correct due to laches, B & C having kept silent for so long.
D. A is correct because one year after the registration of the property, his title became indefeasible.
Answer: B. A is not correct because he did not repudiate the trust, it being an express trust.
481. A is the owner of a parcel of land covered by TCT No. 1. Through an oral agreement between B & A. A agreed that the property be registered under the name of B so that he can use it in securing a loan with Metrobank. When A sought to recover the property from B, the latter refused contending that he was the owner of the same. Is the contention of B correct?
A. B is correct because his ownership is evidenced by a title.
B. B is wrong because he is holding the property merely in trust for A.
C. B is correct because A cannot prove that there is trust considering that the same was not put into a public instrument.
D. A can recover and prove that there was trust even if not in a public instrument because the requirement is merely for purposes of convenience.
Answer: D. A can recover and prove that there was trust even if not in a public instrument because the requirement is merely for purposes of convenience.
482. With abuse of confidence, A was able to register a real property belonging B in 1990. B discovered it in 2011. Can B file an action to recover his property?
A. Yes, because the title of A is void;
B. Yes, provided that he files an action within four (4) years from the discovery of the act of A;
C. No, because the action has prescribed as 10 years have already passed since the registration of the property;
D. Yes, because there was no act of repudiation of the trust.
Answer: C. No, because the action has prescribed as 10 years have already passed since the registration of the property;
483. Which of the following statements is correct?
A. A verbal trust on immovable is void;
B. Verbal trust on immovable may be proven as the requirement that it be in writing is not for its validity but for purposes of enforceability;
C. Verbal trust on immovable cannot be waive since the law requires it to be in writing which is mandatory;
D. Verbal trust on immovable cannot be proven in court as it is covered by the Statute of Frauds.
Answer: B. Verbal trust on immovable may be proven as the requirement that it be in writing is not for its validity but for purposes of enforceability;
484. A sold a car to B on installment basis secured by a chattel mortgage over the thing and a promissory note co-signed by C. A failed to pay four (4) monthly installments. Under the contract in case of non-payment, the vendor can exercise any of the remedies under Art. 1484, NCC and in case of deficiency, the seller can recover the balance. What is the remedy of A?
A. A can file an action for the foreclosure of the mortgage and recover the unpaid balance because of the contract.
B. A can foreclose the mortgage and recover the unpaid balance because the Chattel Mortgage Law does not prohibit recovery.
C. A can foreclose the mortgage but cannot recover the unpaid balance because it is absolutely prohibited by law.
D. A can foreclose the mortgage and can recover the unpaid balance from C since B & C are solidarily liable.
Answer: C. A can foreclose the mortgage but cannot recover the unpaid balance because it is absolutely prohibited by law.
485. A entered into a contract of sale over his undivided 1/5 of the estate of his father during the pendency of the intestate proceeding with the condition that the same shall be approved by the intestate court. Is the contract valid?
A. The contract is void because the right is a mere expectancy since the estate has not yet been divided.
B. The contract is valid only if the court approves it.
C. The contract is valid because the condition that it be approved by the court is a mere condition for performance.
D. The contract is void because approval of the court must be obtained before the sale.
Answer: C. The contract is valid because the condition that it be approved by the court is a mere condition for performance.
486. A sold a parcel of land covered by TCT No. 9 to B. At the time of the sale, B knew that C has been in possession of the parcel of land as early as 10 years before the sale. B however checked with the Registry of Deeds and found the title to be clean. Is B a buyer in good faith?
A. B is a buyer in good faith because at the time of the sale, the title was clean.
B. B is a buyer in good faith because he merely relied upon the face of the title.
C. B is not a buyer in good faith because he had actual knowledge of facts and circumstances that would impel him to make inquiry into the status of the land due to the presence of C.
D. B is a buyer in good faith because there was no annotation of C’s right if there be any.
Answer: C. B is not a buyer in good faith because he had actual knowledge of facts and circumstances that would impel him to make inquiry into the status of the land due to the presence of C.
487. A is the owner of a parcel of land. He entered into a contract to sell with B with an obligation to pay the price within one (1) year. B failed to pay. State the effect of non-payment.
A. The contract is rescissible, for failure of B to pay.
B. The contract is void for failure to pay the price.
C. A does not need to perform an act of rescission because the payment of the price is a positive suspensive condition, the happening of which would result in A executing the deed of sale.
D. A can go to court and compel B to pay.
Answer: C. A does not need to perform an act of rescission because the payment of the price is a positive suspensive condition, the happening of which would result in A executing the deed of sale.
488. A & B entered into a contract of sale, A, obligating himself to deliver his house and lot to B who obligated himself to pay P2M upon delivery. B has already paid, but A has not delivered the house and lot despite demand. State the remedy of B.
A. B can sue A for rescission of the contract because of breach of contract.
B. B can sue A for rescission because of a material breach.
C. B can sue A for rescission because of lesion.
D. B can sue A for declaration of nullity of the contract.
Answer: B. B can sue A for rescission because of a material breach.
489. What is the nature of a contract which states that in case the buyer complies with the terms and conditions of the same, the seller shall execute and deliver to the buyer a deed of sale?
A. Contract of sale;
B. Contract to sell;
C. Conditional sale;
D. Installment sale.
Answer: B. Contract to sell;
490. X and Y entered into a contract of sale over a parcel of land with an area of 4,000 square meters more or less. When the title was issued, it was 14,475 sq. meters. The buyer contended that he owned the whole lot of 14,475 sq. meters as it was sold in lump sum, hence, the seller should deliver the whole lot. Is the buyer correct?
A. The buyer is correct because in sale in lump sum, the whole property is sold regardless of the area;
B. The seller can be compelled to deliver the 14,475 sq. meters because it is covered by the phrase “more or less”;
C. The seller cannot be compelled to deliver the 14,475 sq. meters because the phrase “more or less” covers only a reasonable excess deficiency;
D. The seller can be required to deliver the 14,475 sq. meters because the numerical data are not the sole gauge of unreasonableness of the excess or deficiency in area.
Answer: C. The seller cannot be compelled to deliver the 14,475 sq. meters because the phrase “more or less” covers only a reasonable excess deficiency;
491. A, B, C, D are the co-owners of a parcel of land. A sold his undivided share to X with the knowledge of his co-owners. One (1) year after the sale, they wanted to exercise the right of legal redemption, but A and X refused. Whose contention is correct?
A. They are not entitled to exercise the right of legal redemption because the 30-day period has already lapsed as they knew of the sale;
B. They can exercise the right of legal redemption within 20-days from receipt of written notice of the sale;
C. They cannot exercise the right of legal redemption because knowledge of the sale is not equivalent to registration hence, the 30-day period has already lapsed;
D. They cannot exercise the right of legal redemption due to estoppel.
Answer: A. They are not entitled to exercise the right of legal redemption because the 30-day period has already lapsed as they knew of the sale;
492. A sold his house and lot to B worth P1M for P100,000.00. Is the sale valid?
A. Yes, even if there is gross inadequacy.
B. Voidable;
C. No, because the price is simulate
Answer: A. Yes, even if there is gross inadequacy.
493. A and B entered into a contract of sale over A’s house but did not reflect the actual purchase price. What is the nature of the contract?
A. Valid and relatively simulated contract but can be reformed.
B. Void as there is total lack of consideration.
C. Voidable due to lack of consideration.
D. Unenforceable.
Answer: A. Valid and relatively simulated contract but can be reformed.
494. A sold his house to B for an agreed price. Before it could be delivered it was hit by lightning and it was totally lost. State the effect of the loss.
A. A bears the risk of loss as he has not yet vested ownership to B.
B. A has to bear the risk of loss because he was in possession of the house at the time of loss.
C. B bears the risk of loss as an exception to the principle of res perit domino;
D. A has to bear the risk of loss since he was negligent.
Answer: C. B bears the risk of loss as an exception to the principle of res perit domino;
495. What is the nature of an earnest money?
A. Same as option money.
B. It is proof of an intention to buy.
C. It is actually a partial payment of the purchase price and considered as proof of the perfection of the contract. (Topacio v. CA, 211 SCRA 219; Laforteza v. Machuca, 333 SCRA 642)
D. It forms part of the consideration even if the sale is not perfected or consummated. (Chua v. CA, 401 SCRA 54)
Answer: C. It is actually a partial payment of the purchase price and considered as proof of the perfection of the contract. (Topacio v. CA, 211 SCRA 219; Laforteza v. Machuca, 333 SCRA 642)
496. A entered into a contract of sale with pacto de retro over B’s house & lot. The house is valued at P10M. B failed to exercise the right to repurchase. State the effect of B’s failure to exercise the right to repurchase.
A. B can consolidate his ownership to become the owner.
B. B need not consolidate his ownership because by the mere lapse of the period to repurchase, he became the owner.
C. B cannot consolidate his ownership because that would amount to pactum commissorium.
D. B cannot sell the property as he is the owner.
Answer: B. B need not consolidate his ownership because by the mere lapse of the period to repurchase, he became the owner.
497. A, a practicing lawyer represented B in the intestate proceedings of his father. The agreement is on a contingency basis as B did not have money to pay the services of A. To secure the payment of B’s obligation, they executed a mortgage over ¼ of what B will receive from the estate of his father. Is the mortgage valid?
A. Yes, because what is prohibited by law is sale between the client and the lawyer;
B. Yes, because it merely serves as security for the payment of an obligation;
C. No, because even if what is prohibited by law is sale, it is a circumvention of the law;
D. Yes, because of the liberty of contracts.
Answer: C. No, because even if what is prohibited by law is sale, it is a circumvention of the law;
498. A obtained a loan from B. To secure the payment of the obligation, A delivered the warehouse quedans to B and authorized him to sell the sugar in case of default. The warehouse and the sugar were burned. Who bears the loss?
A. B bears the loss because he became the owner of the sugar when the quedans were delivered to him;
B. B because of the principle of res perit domino;
C. By reason of the principle of res perit domino A bears the risk of loss;
D. B because of the constructive delivery of the sugar.
Answer: C. By reason of the principle of res perit domino A bears the risk of loss;
499. In the following, there is no need for the issuance of a license to sell, except:
A. Sale of subdivision lot resulting in the partition by co-owners;
B. Sale of the original purchaser of a subdivision lot or his heirs;
C. Sale by a subdivision developer;
D. Sale of a subdivision lot for the account of the mortgagee.
Answer: C. Sale by a subdivision developer;
500. If there is a subdivision lot buyer and there is no development and he does not pay, to what extent can he ask for reimbursement of his payments?
A. Total amount paid;
B. 25%;
C. 50%;
D. Total amount paid including interest but excluding delinquency interest at the legal rate.
Answer: D. Total amount paid including interest but excluding delinquency interest at the legal rate.
501. The following rules are correct in case the buyer of a subdivision lot fails to pay the installments, except:
A. He is given a grace period of 20 days for every year of payment;
B. He is entitled to 50% reimbursement of payment;
C. There may be cancellation of the contract 30 days after receipt of notice of cancellation;
D. All payments are forfeited.
Answer: D. All payments are forfeited.
502. A entered into a contract to sell over a residential lot. He has already paid more than 2 years installments. Thereafter, he failed to pay. What right does A have if the contract is cancelled?
A. He has the right of reimbursement of all his payments regardless of the number of years of payment;
B. He has the right to seek for a grace period of 1 month for every year of installment payments;
C. He has the right of refund of the cash surrender value of the payments on the property equivalent to 50% of the total payments made;
D. He has the right of reimbursement of 100% of his installments after payment for five (5) years.
Answer: C. He has the right of refund of the cash surrender value of the payments on the property equivalent to 50% of the total payments made;
503. If the buyer of a subdivision lot in a contract to sell under the Maceda Lawfails to pay after payment of at least two (2) years of installments, can he still pay the balance?
A. Yes, with additional interest he can pay the unpaid installments due with a grace period of one (1) month for every year of installment payments;
B. Yes, without additional interest he can pay the unpaid installments with a grace period of one (1) month for every year of installment payments;
C. Yes, provided that he pays additional amount of penalty;
D. Yes, provided that he pays the full amount of the price.
Answer: B. Yes, without additional interest he can pay the unpaid installments with a grace period of one (1) month for every year of installment payments;
504. If the seller cancels the contract to sell under the Maceda Law, when will it take effect after receipt of notice of cancellation or demand for rescission by notarial act?
A. 10 days
B. 30 days
C. 20 days
D. One (1) year
Answer: B. 30 days
505. How often can the buyer under the Maceda Law make use of the grace period of one (1) month for every year of installment payments?
A. Every 10 years of the life of the contract and its extensions if any;
B. Every five (5) years of the life of the contract;
C. Every two (2) years of the life of the contracts;
D. There is no limit.
Answer: B. Every five (5) years of the life of the contract;
506. If the buyer under the Maceda Law has paid less than two (2) years of installments, what is the grace period he is entitled to from the date the installments became due?
A. 20 days;
B. 60 days;
C. 30 days;
D. 40 days.
Answer: B. 60 days;
507. A & B entered into a contract of lease over A’s house and lot. Without the consent of A, B assigned the lease to C. Is the assignment valid?
A. The assignment is valid because B has the right of possession over the leased property and can transfer it to anyone.
B. The assignment is void because of lack of consent of A.
C. The assignment is void because the same partakes of the nature of subjective novation which needs the consent of A.
D. The assignment is valid since it is a property of B which can be disposed of.
Answer: C. The assignment is void because the same partakes of the nature of subjective novation which needs the consent of A.
508. A leased his house & lot to B who subleased it to C. B failed to pay the rentals. What does A have against C?
A. A can sue C for the rentals.
B. A can hold C liable for the rentals by suing him for ejectment.
C. A can hold C liable for the rentals, but the liability is merely subsidiary.
D. A can never make C liable for the rentals because of lack of privity between them.
Answer: C. A can hold C liable for the rentals, but the liability is merely subsidiary.
509. A contract of lease was entered into between A & B with a provision that it is for a period of 5 years renewable for another 5 years. The contract expired on June 30, 2010 but up to now, the lessee is still in possession of the premises. What does the implicit renewal of the contract mean?
A. That all the provisions of the contract relative germane to possession are renewed.
B. That the period originally agreed upon shall likewise be the period in the renewed contract.
C. That the right to purchase agreed upon in the original contract is impliedly renewe
Answer: A. That all the provisions of the contract relative germane to possession are renewed.
510. A is the owner of a parcel of land adjoining B’s lot. B, knowing that the lot did not belong to him constructed his house on the lot belonging to A. Which of the following is the not correct?
A. A can appropriate the house without paying any compensation.
B. A can eject B.
C. B is entitled to at least 50% of the value of the house in the interest of justice and inorder that no one shall enrich himself at the expense of another.
D. A can compel B to buy the land even if the value is considerably more than the value of the improvement.
Answer: C. B is entitled to at least 50% of the value of the house in the interest of justice and inorder that no one shall enrich himself at the expense of another.
511. A leased his house and lot to B with “option to renew.” How will the contract be renewed?
A. At the option of B;
B. At the option of A;
C. Automatically;
D. Upon agreement of A and B as it must be interpreted to be reciprocal in character where the renewal is subject to agreement of the parties.
Answer: D. Upon agreement of A and B as it must be interpreted to be reciprocal in character where the renewal is subject to agreement of the parties.
512. A partnership begins from:
A. The moment of the execution of the contract;
B. The moment of the notarization of the document of partnership;
C. The registration with the SEC;
D. The moment all contributions are paid.
Answer: A. The moment of the execution of the contract;
513. What does the sharing of gross returns in a business undertaking mean?
A. Conclusive evidence of partnership;
B. Prima facie evidence of partnership;
C. Does not establish a partnership whether or not the persons sharing them have a joint or common right in any property upon which the returns are derive
Answer: C. Does not establish a partnership whether or not the persons sharing them have a joint or common right in any property upon which the returns are derive
514. A, B and C formed a partnership with C contributing an immovable, but no inventory of such immovable was attached to the contract. Is the contract valid?
A. The contract is valid because a contract is valid in any form it may be entered into;
B. The contract is voidable;
C. The contract of partnership is void;
D. The contract is unenforceable.
Answer: C. The contract of partnership is void;
515. A, B and C are the partners. A conveyed to X his whole interest in the partnership. What is the effect of the conveyance?
A. It dissolved the partnership;
B. The assignee became a partner;
C. The assignee has the right to interfere in the management or administration of the partnership business;
D. Merely gave him the right to receive his shares in the profits (Art. 1813, NCC)
Answer: D. Merely gave him the right to receive his shares in the profits (Art. 1813, NCC)
516. When may a partner who was appointed as manager in the articles of partnership be removed?
A. May be removed at anytime;
B. May be removed with just or lawful cause by majority of the partners;
C. May be removed for just and lawful cause by a vote of partners representing controlling interest ;
D. May be removed by order of the court.
Answer: C. May be removed for just and lawful cause by a vote of partners representing controlling interest ;
517. If a partnership has a capital of more than P3,000.00 and it is not registered, is the contract valid?
A. Void;
B. Voidable;
C. It does not invalidate the same as among the partners so long as the contract has the essential requisites.
D. Unenforceable.
Answer: C. It does not invalidate the same as among the partners so long as the contract has the essential requisites.
518. In connection with the rule of mutual agency of the partners in a partnership which of the following is not correct?
A. Partnership is liable to every partner for amounts disbursed on behalf of the partnership, plus interest, from the time the expenses are made; (Art. 1796, NCC)
B. Unless otherwise agreed upon, all partners shall be considered agents and whatever any one of them may do alone binds the partnership; (Art. 1803(1); Art. 1818)
C. Anyone of the partners may make important alterations on the immovable property of the partnership; (Art. 1803, NCC)
D. Admission or representation made by a partner concerning partnership affairs is evidence against the partnership. (Art. 1820)
Answer: C. Anyone of the partners may make important alterations on the immovable property of the partnership; (Art. 1803, NCC)
519. When is solidary liability in partnership provided for by law?
A. If there is a tortuous act committed by a partner causing damage to third person.
B. If it was the partnership that misapplied or misappropriated the money or property.
C. If money was received by the agent of the partnership acting within the scope of his authority, but the same was misapplied or misappropriate
Answer: D.
520. P appointed A, his agent to manage his business in the United States of America. A died and his son, S, managed the same until P could appoint another agent to personally take over. The agency of S is one based on:
A. Ratification;
B. Necessity;
C. Estoppel;
D. By operation of law.
Answer: B. Necessity;
521. P appointed A, his agent for the purpose of selling the former’s car for P500,000.00. A sold the car in his name to B. After delivery, it was found out that the car has hidden defects which rendered the car unfit for the purpose of B. Can B file an action against P even if A acted in his own name?
A. No, because the legal principle than becomes applicable is caveat emptor.
B. Yes, because while the agent acted in his own name but the agency involves a thing belonging to the principal.
C. No, since in the law on agency, the Rule is that if the agent acted in his name, the principal is bound to the third person and the third person does not become bound to the principal.
D. No, because the contract is already perfected and executed.
Answer: B. Yes, because while the agent acted in his own name but the agency involves a thing belonging to the principal.
522. A special power to sell on credit includes the power to:
A. Mortgage
B. Sell in cash
C. Barter
D. To enter into a contract of pledge.
Answer: B. Sell in cash
523. In an agency to sell real property which of the following renders the authority and contract of sale valid?
A. General power of attorney, granting the agent authority to sell real property, not put into writing.
B. General power of authority put into writing without authority to sell.
C. A special power of attorney put into writing authorizing the agent to sell real property of the principal.
D. Special power of attorney couched in general terms without referring to specific acts of dominion.
Answer: C. A special power of attorney put into writing authorizing the agent to sell real property of the principal.
524. Under the law on agency, what is the nature of the act when an agent violates the terms of the agency and acts outside the scope of the authority vested in him?
A. Void;
B. Unenforceable;
C. Voidable;
D. Valid and binding upon the principal.
Answer: B. Unenforceable;
525. Donna, authorized her friend Joyce to sell his Prada bag worth P100,000 on installment basis. Joyce, however, sold the bag on cash in contravention of the authority given to her. Was the sale valid?
A. No, because the agent acted beyond the scope of his authority.
B. Yes, because the sale in cash redounds to the benefit of Donna. Hence, despite violation of the authority given, the sale is valid.
C. Yes, because Donna as principal is always bound by the act of his agent, Joyce.
D. No, because the agent violated the terms of the authority given to her.
Answer: B. Yes, because the sale in cash redounds to the benefit of Donna. Hence, despite violation of the authority given, the sale is valid.
526. A wrote his brother B authorizing the latter to sell a parcel of land belonging to him located in Cagayan Valley. On the strength of such letter-authority, B sold the land. Is the sale valid?
A. No, because the letter-authority must be in a public instrument.
B. No, because the letter-authority must be participated in a notary public.
C. Yes, because it is sufficient that the letter-authority be in writing.
D. No, sale in invalid.
Answer: C. Yes, because it is sufficient that the letter-authority be in writing.
527. A, B and C formed a limited partnership. They named their partnership AB&C. In 2008, the firm incurred an indebtedness of P5M. A suit was filed for the recovery of debt. Which of the following statements is correct?
A. No partnership was constituted because the word “limited” was omitted in the partnership name.
B. B and C as limited partners are liable only up to the extent of their contributions.
C. All are liable as general partners.
D. A, B and C are not liable because there was a defect in the formation of their partnership.
Answer: C. All are liable as general partners.
528. A constituted B as his agent to sell his property. B found C as the buyer who was willing to buy under the terms agreed upon but suddenly A changed his mind and decided not to sell the property. One week later, A and C, entered into a contract of sale over the property. Is B entitled to commission?
A. No, because when A decided not to sell, his agency was terminated;
B. No, because he was not the procuring cause;
C. Yes, because A acted in bad faith. (Infante v. Cunanan, 49 O.G. 3320; Art. 19, NCC)
D. Yes, because he did not give justice to B in the exercise of his right.
Answer: C. Yes, because A acted in bad faith. (Infante v. Cunanan, 49 O.G. 3320; Art. 19, NCC)
529. What is not a requirement for existence of negotiorum gestio?
A. A property or business is neglected or abandoned by the owner.
B. A person has been constituted manager of the property or business so abandoned.
C. The management of the owner’s business was assumed by another not an owner or manager so authorize
Answer: B. A person has been constituted manager of the property or business so abandoned.
530. A sold a parcel of land to B covered by TCT NO. 152 with C as a witness. When D wanted to buy a property, he executed a special power of attorney for E to buy a property for him. E entered into a contract of sale with A for the purchase of the same lot and registered it under the name of D. Who between B and D has a better right over the lot?
A. D has a better right because of prior registration;
B. B has a better right because he is the first buyer;
C. D has a better right because he is the buyer in good faith;
D. D has a better right because the knowledge by his agent of a prior sale is immaterial.
Answer: B. B has a better right because he is the first buyer;
531. When is the guarantor liable for the obligation of the debtor?
A. Once the obligation becomes due and demandable;
B. Only after judgment is obtained against the principal debtor and he is unable to pay; (Baylon v. CA, August 17, 1999)
C. The moment the judgment against the debtor becomes final and executory;
D. Once demand is made for both the debtor and guarantor to pay.
Answer: B. Only after judgment is obtained against the principal debtor and he is unable to pay; (Baylon v. CA, August 17, 1999)
532. The guarantor paid the obligation of the debtor when demand is made. Can he ask for reimbursement?
A. No, because he is a voluntary payor;
B. No, because judgment has yet to be obtained against the debtor;
C. No, because he has not been able to exercise the benefit of excussion;
D. Yes, because the benefit of excussion is a right granted to him which can be waived.
Answer: D. Yes, because the benefit of excussion is a right granted to him which can be waived.
533. The following statements are correct, except:
A. There can be a continuing guaranty;
B. There can be a continuing surety;
C. There can be a continuing chattel mortgage;
D. There can be a continuing real estate mortgage.
Answer: C. There can be a continuing chattel mortgage;
534. A obtained a loan from Metrobank. As security, he delivered and deposit certificate maturing on April 29, 2011. A failed to pay, hence, the bank encashed the deposit certificate. A contended that it is pactum commissorium. Is A correct?
A. Yes, because the encashment is an automatic appropriation of the security;
B. A is not correct because the bank had yet to perform an act to appropriate the money deposited;
C. A is not correct because the act done was a matter of compensation; (BPI v. CA, 232 SCRA 302; Art. 1980, NCC)
D. A is correct because there can be no compensation since the relationship between the bank and A is one of deposit.
Answer: C. A is not correct because the act done was a matter of compensation; (BPI v. CA, 232 SCRA 302; Art. 1980, NCC)
535. A entered into a contract whereby he obligated himself to pay B on or before September in the form of Australian currency. When the obligation became due and demandable, A delivered to B Australian currency. Is A correct?
A. B can refuse to accept the payment because the currency being offered is not legal tender in the Philippines.
B. A is correct in offering Australian currency because of the contract.
C. A is not correct because the stipulation to pay in Australian currency is void because it is contrary to law.
D. A is not correct because the stipulation to pay in the form of another currency is void because it is contrary to public policy. (RA 8183)
Answer: B. A is correct in offering Australian currency because of the contract.
536. A & B entered into a contract of loan in the amount of P1M with interest at 192% per annum. When the obligation became due and demandable B failed to pay despite demand, hence, A filed a complaint against B. On the interest rate, what is a valid contention of B?
A. B can ask the court to declare it void on the ground that it is contrary to the Usury Law.
B. B can ask the court to declare it void and be not liable at all.
C. B can ask the court to delacre it void on the ground that it is unconscionable, hence, contrary to morals and the court may fix the interest rate at its discretion.
D. A can contend that the interest rate is valid because of the principle of binding effect of contracts.
Answer: C. B can ask the court to delacre it void on the ground that it is unconscionable, hence, contrary to morals and the court may fix the interest rate at its discretion.
537. X and Y entered into a contract. X agreed to deposit P50,000 with Y’s account to make it appear that Y had sufficient capitalization in forming an incorporation. They agreed that Y should return the money plus 12% interest within 30 days. What is the nature of the contract?
A. Mutuum, because of the stipulation as to interest.
B. Mutuum, because Y acquired ownership upon depositing the amount in his account.
C. Commodatum, because Y never acquired ownership over the money as he was under obligation to return it and it was only for purposes of exhibiting that he had sufficient capital.
D. Commodatum, because the stipulation for the payment of interest did not convert it to mutuum.
Answer: C. Commodatum, because Y never acquired ownership over the money as he was under obligation to return it and it was only for purposes of exhibiting that he had sufficient capital.
538. Which of the following statements is not true about the dragnet clause?
A. It is one specifically phrased to subsume all debts of past or future origins.
B. It operates as a convenience and accommodation to the borrowers as it makes available additional funds without executing additional security documents.
C. It is also known as the “blanket mortgage clause”
D. It is different from a continuing mortgage clause.
Answer: D. It is different from a continuing mortgage clause.
539. What is a contract of precarium?
A. It is a contract by virtue of which a person called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so.
B. It is a contract by virtue of which a person binds himself solidarily with the principal debtor to fulfill the obligation.
C. It is an accessory, real and unilateral contract by virtue of which the debtor or a third person delivers to the creditor or to a third person movable property as security for the performance of the principal obligation.
D. It is a contract of commodatum where the bailor has the right to demand the return of the thing which is the object of the contract at will.
Answer: D. It is a contract of commodatum where the bailor has the right to demand the return of the thing which is the object of the contract at will.
540. A entered into a contract of loan with a bank. They stipulated that if there will be a law or BSP circular that will allow the increase in the interest rate, the bank will increase it. Is the stipulation valid?
A. Yes, because of the principle of liberty of contracts;
B. Yes, because of the principle of mutuality of contracts;
C. No, considering that there is no corresponding de-escalation clause;
D. Yes, because the increase is not unilateral.
Answer: C. No, considering that there is no corresponding de-escalation clause;
541. Which of the following is correct if the interest rate in a loan is void?
A. The contract is totally inexistent;
B. The creditor cannot recover interest at all;
C. The creditor can recover legal rate of interest;
D. The court shall rule as if no interest has been agreed upon and contrary to law.
Answer: C. The creditor can recover legal rate of interest;
542. A checked in at ABC Hotel Corporation with his valuables. While shopping nearby, she left the room for half a day but when she went back, all his valuables were gone as her room was ransacked with the use of force. She filed a complaint for damages. Is the hotel keeper liable?
A. The hotel keeper is liable as depositary.
B. The hotel keeper is not liable because under the contract, it is not liable in case of loss of things belonging to the guest for any reason.
C. The hotel keeper is not liable because of force majeure.
D. The hotel keeper is liable because it is its duty to protect the properties of its guests.
Answer: C. The hotel keeper is not liable because of force majeure.
543. A obtained P50,000.00 from B to be placed in A’s safety deposit box. What is the nature of the contract?
A. The contract is a loan.
B. It is a contract of lease.
C. It is a commodatum.
D. It is a deposit.
Answer: D. It is a deposit.
544. In case of contract of deposit, the depository has the following rights or obligations except:
A. To keep the thing safely.
B. To return the thing deposited.
C. To make use of the thing deposited with the permission of the depositor.
D. To deposit the thing deposited with a third person when there is an express stipulation allowing the same.
Answer: C. To make use of the thing deposited with the permission of the depositor.
545. What is the nature of the contract of rent of safety deposit boxes?
A. Mutuum
B. Commodatum
C. Deposit
D. Lease.
Answer: D. Lease.
546. When is the hotelkeeper shall be liable for the loss of the things belonging to the guests?
A. If the things were actually delivered or surrendered to the hotelkeeper.
B. If the guests did not sign any waiver of liability.
C. If the hotelkeeper was notified of the valuables and the guests took the necessary measure to the care and vigilance over the same.
D. If the loss was due to the act of a thief done with the use of irresistible force.
Answer: C. If the hotelkeeper was notified of the valuables and the guests took the necessary measure to the care and vigilance over the same.
547. A lent money to B in the amount of P3M and executed a mortgage over his house and lot to secure the payment of the obligation with a condition that if he fails to pay, A shall became the owner of the property. Is the stipulation valid?
A. Yes, because the contract is the law between the parties;
B. Yes, because of the doctrine of mutuality of contracts
C. No, because it is a case of pactum commissorium;
D. Yes, because of the liberty of contracts.
Answer: C. No, because it is a case of pactum commissorium;
548. In the question above, suppose B failed to pay and A foreclosed the mortgage. Is A entitled to the balance?
A. No, because the law on pledge is applicable to the law on mortgages.(Arts. 2041,2087,2115,NCC)
B. Yes, because there is no law that prohibits recovery of deficiency under the mortgage laws;
C. Yes, because while the law on pledge applies to the law on mortgage, the same is true if there is no inconsistency between the two (2) laws. ( Pameca Word Treatment Corp. v. CA)
D. No, because of the principle of solution indebt.
Answer: C. Yes, because while the law on pledge applies to the law on mortgage, the same is true if there is no inconsistency between the two (2) laws. ( Pameca Word Treatment Corp. v. CA)
549. A & B entered into a contract of pledge, where B delivered his car to A as security for the payment of an obligation in the amount of P2M. For failure of B to pay what is the remedy of A?
A. Appropriate the car as his own as provided for in the contract
B. Sell the car but must deliver to B the excess.
C. Sell the car but cannot recover any deficiency despite the agreement.
D. Sell the car and recover the deficiency because of the agreement in the contract of pledge.
Answer: C. Sell the car but cannot recover any deficiency despite the agreement.
550. To secure the payment of his obligation, A pledged to his surety C, his car who sold the car after paying the obligation of A. The obligation was P2M but the car was sold for only P1M. Can the surety recover the deficiency?
A. Yes, otherwise, there would be solution indebiti;
B. Yes, no law prohibits him from doing so as he is not the direct creditor;
C. No. In the foreclosure of a pledge, if the price of the sale is less than the indebtedness secured by the pledge, the creditor shall not be entitled to recover the deficiency, notwithstanding any stipulation to the contrary.
D. Yes, if there is a stipulation.
Answer: C. No. In the foreclosure of a pledge, if the price of the sale is less than the indebtedness secured by the pledge, the creditor shall not be entitled to recover the deficiency, notwithstanding any stipulation to the contrary.
551. A obtained a loan from B secured by a mortgage over his house & lot. B failed to pay hence, A foreclosed the mortgage but it was sold for less than the amount of the obligation. Can B recover the deficiency?
A. A cannot recover the deficiency because the law on pledges are applicable to the law on mortgages where there is a prohibition against recovery of deficiency.
B. A can recover the deficiency as there is nothing in the law that prohibits the same.
C. A can appropriate the object because the contract provides for it.
D. A can sue B for sum of money and foreclose the mortgage if B cannot pay the judgment obligation.
Answer: B. A can recover the deficiency as there is nothing in the law that prohibits the same.
552. Within what period should an action to foreclose a mortgage over real property be filed?
A. Within 10 years from date of registration of the contract;
B. Within 10 years from the execution of the contract;
C. Within 10 years from demand, for unless demand is prove, there can be no default. (Nunez v. GSIS Family Bank, 17 November 2005);
D. Within 10 years from notarization of the contract.
Answer: C. Within 10 years from demand, for unless demand is prove, there can be no default. (Nunez v. GSIS Family Bank, 17 November 2005);
553. A and B are married. They have a joint account in a bank. They executed a survivorship agreement that upon the death of one of them, the full amount of money in their account shall become the property of the survivor. Is the agreement valid?
A. No, because it is a donation mortis causa which did not comply with the formalities of the law;
B. No, it is a donation inter vivos prohibited under Article 87, Family Code;
C. Yes, because it is an aleatory contract subject to an uncertain even which is death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755)
D. No, by reason of public policy.
Answer: C. Yes, because it is an aleatory contract subject to an uncertain even which is death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755)
554. A placed a bet of P10,000.00 that San Beda would win the NCAA basketball championship. B accepted the bet. But B refused to pay after SBC won. Is B correct?
A. Yes, because of the principle of mutuality of contracts;
B. Yes, because of the principle of liberty of contracts;
C. No, because the law prohibits betting in basketball even if it is not a game of chance;
D. Yes, because basketball is a game of skill and not of chance.
Answer: C. No, because the law prohibits betting in basketball even if it is not a game of chance;
555. A sold his car to B, but the latter failed to register the car under his name. While B was driving the car, it met an accident resulting in injuries to C. Who may be liable?
A. C can hold A liable alone as he is the registered owner of the car;
B. C can sue A and B as they are solidarily liable;
C. C can sue B alone as the execution of the document of sale and delivery of the car conferred ownership upon him;
D. C can sue B, but A can file a third party complaint against B for reimbursement if he is adjudged liable.
Answer: D. C can sue B, but A can file a third party complaint against B for reimbursement if he is adjudged liable.
556. A constructed a building for B. Twenty-five (25) years thereafter, the building collapsed due to lack of necessary repairs resulting in the death of 10 tenants of the building. Who is liable?
A. the architect
B. A, the contractor.
C. the engineer
D. B.
Answer: D. B.
557. A, bus conductor killed a passenger. Is the operator civilly liable?
A. Yes, based on contract, but with defense of the diligence of a good father of a family;
B. Yes, based on quasi-delict;
C. Yes, based on breach of contract of carriage, but cannot interpose the defense of due diligenc;
D. Yes, but subsidiary in case of insolvency of the driver.
Answer: C. Yes, based on breach of contract of carriage, but cannot interpose the defense of due diligenc;
558. A, a seaman with a contract for two (2) years was required to disembark due to the sale of the vessel. Within what period should he file an action to collect his unpaid wages for one (1) year?
A. Within 3 years because it is the consequence of an employer-employee relationship;
B. Within 10 years because there is a written contract;
C. Within 4 years because the action is based on injury to his rights as there was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732);
D. Within 10 years because the action is based on law.
Answer: C. Within 4 years because the action is based on injury to his rights as there was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732);
559. ABC Corp. is the owner of a hospital where Doctor A is a visiting consultant. A conducted an operation at the hospital of a woman-neighbor but left two (2) gauzes inside the inscission of the patient resulting in infections and eventual death of the patient. Who can be sued for damages?
A. The patient’s heirs can sue the doctor alone for his negligent act.
B. The heirs can sue the hospital alone.
C. The heirs can sue the hospital and the doctor solidarily because of the doctrine of corporate negligence of the hospital.
D. The heirs can sue the hospital and the doctor because the doctor is an employee, hence, they are solidarily liable.
Answer: C. The heirs can sue the hospital and the doctor solidarily because of the doctrine of corporate negligence of the hospital.
560. A is a teacher of St. Jude elementary school. While the pupils were in class, B, one of the pupils boxed the face of C, another pupil resulting in the blindness of his left eye. Who is liable?
A. The parents of B are liable.
B. The school is liable.
C. The teacher is liable regardless of the nature of the school.
D. The teacher is not liable because the school is not a school of arts and trades.
Answer: C. The teacher is liable regardless of the nature of the school.
561. A is the owner of a car driven by B. While on his way to fetch A at his office, the motor vehicle met an accident resulting in the death of C, a pedestrian. He was sued for imprudence resulting in homicide and convicted with civil indemnity in the amount of P500,000.00. Who may be liable for the amount of damages?
A. Only B is a liable.
B. A & B are solidarily liable if A cannot prove the diligence of a good father of a family in the selection and supervision of B.
C. A is subsidiarily liable in case of insolvency of B.
D. A cannot be liable because he was not a party to the criminal action, otherwise, he would be deprived of the right to due process.
Answer: C. A is subsidiarily liable in case of insolvency of B.
562. A is an owner of a horse. He asked B to take care of it while reviewing for the Bar Exams. After the examination, he went to B to get back the horse but as he got near the horse, he was kicked by the horse on his face resulting in his blindness. He sued B for damages. Is B liable for damages?
A. B is not liable because of a force majeure.
B. B is liable because at the time A was injured B was in possession of the horse.
C. A is not entitled to an award of damages because the injury is self-inflicted being the owner of the house.
D. A is not entitled to damages because of his own negligence.
Answer: B. B is liable because at the time A was injured B was in possession of the horse.
563. ABC Corp. is a furniture manufacturing company. One weekend, the manager and two (2) employees had an overtime to finish a work upon instruction of A, the President. At 12:00 midnight they were through with the work, so B, the manager went back home driving a company car but dropped by a coffee shop to have midnight snacks and a cup of coffee. At 1:30 a.m., he was driving the company car on his way home when a motorcycle collided with the car resulting in the death of C, the motorcycle rider. At the time of the collision, a woman shouted “Papa” as she was surprised by the sudden collision. Who is liable for the death of C?
A. The company is liable because the manager was still performing his tasks.
B. B alone is liable because at the time of the accident, he was not performing his tasks.
C. The company & B are solidarily liable.
D. B, but in case of insolvency, the company.
Answer: B. B alone is liable because at the time of the accident, he was not performing his tasks.
564. 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 may be liable?
A. The parents of D can sue A & B for damages.
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.
565. A promised marriage to B, a gainfully employed girl. Before the marriage, they agreed that B would resign from the job, hence, a week before the date set for the wedding, B resigned, but A did not comply with the promise of marriage. B sued A for damages. Is A liable for damages?
A. A is not liable because mere breach of promise to marry is not an actionable wrong.
B. A is liable because there was an act independent of the breach of promise to marry.
C. A is not liable because it is his right to back out from the wedding.
D. A is not liable because it was voluntary for B to resign and that she is presumed to take care of her own concerns.
Answer: B. A is liable because there was an act independent of the breach of promise to marry.
566. A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month died due to a vehicular accident. During the trial of the case filed by his heirs, the latter failed to produce his income tax returns as he never filed the same with the BIR and yet, they were claiming for damages due to unearned income. Is the defendant liable?
A. The defendant is not liable for the unearned income as there was no documentary evidence to prove the same.
B. The defendant is liable because testimonial evidence is sufficient to prove the unearned income.
C. The defendant is liable because the law automatically provides for liability in case of death.
D. The defendant is liable as it is the natural consequence of his wrongful act.
Answer: A. The defendant is not liable for the unearned income as there was no documentary evidence to prove the same.
567. A killed B. After trial A was convicted of the crime of murder and the court imposed the penalty of reclusion perpetua. Which amount of civil indemnity may be awarded by the court?
A. P50,000.00
B. P75,000.00
C. P3,000.00
D. P150,000.00, the actual earnings of B.
Answer: B. P75,000.00
568. In an information for murder, there is no allegation of aggravating circumstances. The prosecutor, however presented evidence on the aggravating circumstances during the trial. What for is the presentation of evidence of aggravating circumstances if they were not alleged?
A. To prove that the accused may be liable for moral damages.
B. To prove the guilt of the accused beyond reasonable doubt.
C. To prove that the accused is liable for exemplary damages.
D. He cannot do it because he can only prove what has been alleged in the information.
Answer: C. To prove that the accused is liable for exemplary damages.
569. X is the owner of a domesticated dog. He left it at his compound while at work. Y, a neighbor threw stone at the dog, trying to play with it as he used to do. The dog was hit, hence, it jumped from the compound of X and went after Y who got injured when he fell while running away from the dog. Is X liable for damages?
A. X is liable as owner/possessor of the dog.
B. X is not liable because of force majeure.
C. X is not liable because of Y’s fault for throwing stones at the dog.
D. X is liable but the court will temper the award of damages due to contributory negligence of Y.
Answer: D. X is liable but the court will temper the award of damages due to contributory negligence of Y.
570. A and B entered into a contract for B to construct the house of A for P10M. XYZ are partners engaged in the construction of houses. As they are friends of A, they told him that they can construct his house for only P8M and told him to cancel the contract with B. He cancelled the contract with B. What is the right of B?
A. B can sue A for breach of contract.
B. B can sue XYZ partnership because of interference in contractual relationship.
C. B can sue X,Y,Z for inducing A to violate his contract.
D. B can sue A, and XYZ partnership for breach of contract.
Answer: B. B can sue XYZ partnership because of interference in contractual relationship.
571. A had a 4-storey building which was constructed by Engineer B and at the same time the contractor. After five years, the building developed cracks and its stairway eventually gave way and collapsed due to poor quality of materials used in the construction, resulting to injuries to some lessees. Who should the lessees sue for damages?
A. A, the owner;
B. Both A and B;
C. B, the contractor;
D. No one because of wear and tear of the building.
Answer: C. B, the contractor;
572. ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of a radio station verbally attacked the corporation hence, the latter sued him for damages. Is the school entitled to moral damages?
A. ABC Corp. is not entitled to moral damages because it has no nervous system to feel the wounded feelings and besmirched reputation.
B. ABC Corp. is entitled to moral damages because it has a personality that can be maligned, tarnished or demeaned;
C. X, the commentator can interpose the defense of truth.
D. No, because it cannot suffer sleepless nights.
Answer: B. ABC Corp. is entitled to moral damages because it has a personality that can be maligned, tarnished or demeaned;
573. A & B are married. B who was then pregnant by six (6) months was on board a bus going to the office. The vehicle met an accident resulting in injuries to B and death of the fetus. They sued the bus company for damages due to the death of the fetus. Is the company liable?
A. A & B are entitled to an award of compensatory damages in the amount of P50,000.00 for the death of the fetus.
B. A & B can be entitled to an award of moral damages for the death of the fetus.
C. A & B are not entitled to any amount of damages because the fetus has yet to be born in order to die.
D. A & B are entitled to damages because the fetus had life inside the womb of the mother which the constitution and the law protect.
Answer: B. A & B can be entitled to an award of moral damages for the death of the fetus.
574. A courted B and promised to marry her. The wedding was set on February 14, 2011 but at the date set for the celebration. A did not appear at the church. B sued A for damages for breach of promise to marry alleging that all preparations have been made and there were so many people who attended their scheduled wedding. She knew however that A was married but still submitted herself to sexual desires of A. Is A liable?
A. A is not liable because mere breach of promise to marry is not an actionable wrong.
B. A is liable because he caused sleepless nights, wounded feelings to B by not appearing at the church.
C. B is not entitled to damages because of mutual lust.
D. B has to bear her own losses.
Answer: C. B is not entitled to damages because of mutual lust.
575. A raped and killed a minor girl. He was convicted after trial. He can be held liable for exemplary damages. What is the basis?
A. The basis of the award of exemplary damages is found solely in Article 2230, NCC;
B. Exemplary damages can only be awarded if there is more than one (1) aggravating circumstances;
C. Exemplary damages can also be awarded where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender and to set a public example, to serve as deterrent to elders who abuse and corrupt the youth and to protect the latter from sexual abuse.
D. The existence of aggravating circumstances.
Answer: C. Exemplary damages can also be awarded where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender and to set a public example, to serve as deterrent to elders who abuse and corrupt the youth and to protect the latter from sexual abuse.
576. A was one of the passengers of a vessel of Sulpicio Lines that sank resulting in the death of hundreds of passengers including A. The heirs of A filed an action for damages praying for compensatory, exemplary, moral damages. The brothers and sisters intervened and prayed for moral damages. Are they correct?
A. Yes, the brothers and sisters of A are entitled to moral damages because of the mental anguish they suffered by reason of A’s death;
B. Yes, the brothers and sisters of A are entitled because the law provides that moral damages may be recovered in the following and analogous cases, they being collateral relatives who are entitled to inherit;
C. No, only the spouse, legitimate and illegitimate descendants and ascendants of A are entitled to an award of moral damages;
D. The brothers and sisters of A are entitled to moral damages because of the injury suffered by them due to the act or omission of Sulpicio which was the proximate cause of A’s death.
Answer: C. No, only the spouse, legitimate and illegitimate descendants and ascendants of A are entitled to an award of moral damages;
577. A and B are married. They have been in possession of an agricultural land of the public domain as early as 1935. After their death C and D, their heirs inherited the same. Can they register the land?
A. No, because the land forms part of the public domain;
B. Yes, because their predecessors have been in possession continuously, openly, publicly and adversely of an alienable land of the public domain as early as June 12, 1945 thus, converting ipso jure the same to private land;
C. No, because of the Regalian Doctrine;
D. No, because prescription does not lie against the State.
Answer: B. Yes, because their predecessors have been in possession continuously, openly, publicly and adversely of an alienable land of the public domain as early as June 12, 1945 thus, converting ipso jure the same to private land;
578. A owns a parcel of land. Through the natural current of the river, there was a gradual increase in the area from 11,000 square meters to 13,000 square meters in a period of 8 years. Can A register the land?
A. No, because it is a public land;
B. No, because he has not acquired it by prescription as the State is not bound by the rules on prescription;
C. Yes, being the riparian owner, he is the owner of the accretion;
D. No, because he has not possessed it for a period of 10 years.
Answer: C. Yes, being the riparian owner, he is the owner of the accretion;
579. A is the owner of a parcel of land adjoining a river. There is an accretion formed through the natural current of the river. In 1980, his neighbor took possession of the accretion. In 2011, B filed an application for registration. Will the petition prosper?
A. No, because A is the owner being the owner the land to which the accretion is attached;
B. No, because the accretion is a public land;
C. Yes, having acquired it by prescription after 30 years of possession even in bad faith and without title;
D. No, because the title of A is imprescriptible, the accretion being covered by the phrase “more of less.”
Answer: C. Yes, having acquired it by prescription after 30 years of possession even in bad faith and without title;
580. A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000 square meters more of less adjoining the river bank. Accretion was formed which has been in the possession of B in 1990, but it was disposed of by the Director of Lands to B in s2010. Is the Director correct?
A. Yes, because the accretion forms part of the alienable land of the public domain;
B. Yes, because of the Regalian Doctrine;
C. No, because it belongs to A, being the riparian owner, hence, a private land;
D. Yes, because of prescription.
Answer: C. No, because it belongs to A, being the riparian owner, hence, a private land;
581. A filed an application for confirmation of imperfect or incomplete title over a parcel of land. It was dismissed. Can A re-file the same?
A. No, because of res judicata;
B. Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice;
C. No, because the dismissal means that A has not been able to establish his right, hence, the second application is a fishing expedition;
D. No, because of lack of cause of action.
Answer: B. Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice;
582. A filed an application for confirmation of imperfect or incomplete title. B filed an opposition alleging that the land is part of the inalienable lands of the State. Is B correct?
A. Yes, because anyone can invoke the interest of the State;
B. No, because only the State can invoke its interest;
C. Yes, by reason of public policy;
D. Yes, because any Filipino is a real party in interest.
Answer: B. No, because only the State can invoke its interest;
583. X is a naturalized Filipino. In 1990, he migrated to the USA and embraced American citizenship. In 2010, he returned to the Philippines and asks you whether he can own a residential lot in Manila. What is your advice?
A. Yes, he being a former natural-born citizen, he can own up to 5,000 square meters;
B. No, because only former natural-born citizens can own land in the Philippines up to 5,000 square meters in Manila;
C. Yes, because he has the same rights as a former natural born citizen;
D. Yes, otherwise, there would be a violation of the equal protection clause.
Answer: B. No, because only former natural-born citizens can own land in the Philippines up to 5,000 square meters in Manila;
584. A, an American citizen is married to B, a Filipina. Through the pension and savings of A, they acquired a residential lot in Manila, but it was registered under B’s name. B sold the property to C. Can A seek to recover the property?
A. Yes, because the sale is void as it was done without the consent of A;
B. Yes, because B as trustee, she cannot sell the property;
C. No, because even if the property was acquired with A’s money, he cannot own land in the Philippines;
D. Yes, otherwise B would enrich herself at the expense of A.
Answer: C. No, because even if the property was acquired with A’s money, he cannot own land in the Philippines;
585. In the question above who can file an action to recover the property?
A. A can recover the property because the contract of sale is void;
B. The State by filing a petition for reversion;
C. The State by filing a petition for escheat;
D. No one because the title is valid especially so that B is married to a Filipino.
Answer: C. The State by filing a petition for escheat;
586. A and B are compadres. They own two (2) adjacent parcels of land covered by TCT Nos. 1 and 2 respectively where they reside. With the use of fraud, A registered the property of B under his name in 2009. Can B recover the title?
A. No, because one (1) year after the issuance of the title, it became imprescriptible;
B. No, because of the indefeasible nature of the title after one (1) year from its issuance;
C. Yes, because the title of A is void;
D. No, because a void act can be the root of a valid title.
Answer: C. Yes, because the title of A is void;
587. In the question above A sold it to C while the title is clean. C registered it under his name. Can B recover the title?
A. No, because C is a buyer in good faith and for value as the title was clean when it was sold;
B. No, because of the mirror doctrine;
C. Yes, because C is not a buyer in good faith having closed his eyes to things that he saw when he bought it;
D. No, because of the indefeasibility of his title.
Answer: C. Yes, because C is not a buyer in good faith having closed his eyes to things that he saw when he bought it;
588. A is the owner of a parcel of land covered by a TCT No. 1. B stole the title, forged his signature and transferred it under his name. TCT No. 2 was issued under his name. He sold it to C who registered under his name. When returned to the Philippine in 2010, he discovered that his title was transferred to another. Can he recover the same?
A. Yes, because the title of C is void;
B. No, because the title of C is valid because he is a buyer in good faith and for value;
C. No, because even if the title of B is void, a void title can be the root of a valid title if it passes to a buyer in good faith and for value;
D. Yes, because the title of B being void, it cannot produce a valid title.
Answer: C. No, because even if the title of B is void, a void title can be the root of a valid title if it passes to a buyer in good faith and for value;
589. Of the following properties enumerated, which is disposable?
A. Mineral land
B. Military reservation
C. Forest land
D. Agricultural land
Answer: D. Agricultural land
590. X and Y are married. They have a son Z. When X died, Z inherited a property covered by TCT No. 1. Z died without any issue. Y inherited it and obtained a title. There is however no inscription of the reservable character of the property. Y sold it to A who obtained a title. Y died in 2009. Can B, C and D, the reservatarios recover the property?
A. Yes, because the property is reserved to them by law;
B. Yes, because Y could not have sold it being a mere trustee;
C. No, because A is a buyer in good faith and for value;
D. Yes, because Y could not have sold that which she did not own.
Answer: C. No, because A is a buyer in good faith and for value;
591. In the problem, above, Y executed an affidavit stating the foregoing circumstances. It was inscribed/registered in the day book of the register of deeds. Can the reservatarios recover?
A. No, because the title of A is indefeasible;
B. No, because A is a buyer in good faith and for value;
C. Yes, because A is not a buyer in good faith and for value, as the registration of the affidavit in the day book of the Register of Deeds is notice to the whole world;
D. No, because the affidavit was not recorded/annotated at the back of the title.
Answer: C. Yes, because A is not a buyer in good faith and for value, as the registration of the affidavit in the day book of the Register of Deeds is notice to the whole world;
592. The Roponggi property of the Philippines was sought to be sold to help raise funds to finance the various economic projects of the State. If you were consulted on this legal matter, what would be your advice?
A. It can be sold because it is a patrimonial property of the State;
B. It cannot be sold because it is a property of the State intended for public use and public service;
C. It can be sold because it is a disposable property;
D. It can only be sold if the Director of Lands reclassifies it to a patrimonial property.
Answer: B. It cannot be sold because it is a property of the State intended for public use and public service;
593. May there be registration of a parcel of land already decreed in favor of another?
A. Yes, due to prescription;
B. Yes, due to laches;
C. No, the land registration court has no jurisdiction to order the registration of a property already registered, otherwise, it is void; (MWSS v. CA, 215 SCRA 783)
D. Yes, for as long as there is compliance with the due process clause.
Answer: C. No, the land registration court has no jurisdiction to order the registration of a property already registered, otherwise, it is void; (MWSS v. CA, 215 SCRA 783)
594. A is the owner of a parcel of land covered by TCT No. 1. He leased it to B. When sued for ejectment, B contended that A’s title is void. Is he correct?
A. Yes, because if A’s title is void, he has no right to sue B for ejectment;
B. No, because that is a collateral attack on A’s title;
C. Yes, because the decision on the title would be res judicata to the issue of the right to eject A;
D. Yes, because a decision on the title of A is prejudicial to the right to eject B.
Answer: B. No, because that is a collateral attack on A’s title;
595. A leased a parcel of land from B. With the consent of B, A constructed his house. If B will file an application for registration of the land, what will happen to the house?
A. It will be included in the registration as improvement thereon unless A files an opposition and asks that his right be annotated on the title;
B. A can have it registered independently;
C. A need not file an opposition as the court will order the registration of the land without the house because registration under PD 1529 applies only to land;
D. A can oppose alleging that he has a better right to register since he is in actual possession.
Answer: A. It will be included in the registration as improvement thereon unless A files an opposition and asks that his right be annotated on the title;
596. What is the remedy of an owner of a titled land in case it was registered by another with the use of fraud under his name?
A. He can file an action for reconveyance within 10 years from the discovery of the fraud;
B. He can file an action for reconveyance within 10 years from the date of registration since the registrant is merely holding it as a trustee.
C. He can file an action for reconveyance at anytime since the title is void, hence, the right to file the action is imprescriptible;
D. He has to file the action within 4 years from the discovery of the fraud.
Answer: B. He can file an action for reconveyance within 10 years from the date of registration since the registrant is merely holding it as a trustee.
597. A was able to register a mineral land under TCT No. 1 as early as 1950. After his death, his children B and C inherited it and sold to D. What is the remedy of the State if it chooses to recover it today?
A. File a petition for escheat;
B. File an action for reversion which is imprescriptible (Rep v. Animas, 56 SCRA 499);
C. Cannot file any action anymore because the title has become indefeasible;
D. Cannot recover anymore because while A’s title was void, D has acquired it in good faith and for value.
Answer: B. File an action for reversion which is imprescriptible (Rep v. Animas, 56 SCRA 499);
598. May a corporation hold or own alienable lands of the public domain?
A. Yes, to become sustainable;
B. Yes, because the term persons under PD 1529 is used in its generic sense to include artificial persons;
C. No, it can only lease;
D. Yes, for a limited time.
Answer: C. No, it can only lease;
599. A is the owner of a property covered by TCT No. 10. As early as 1950, he knew that his title has been transferred under the name of B, but did nothing to recover it, knowing that B has been in possession. Can he file an action to recover it today?
A. Yes, because the title is imprescriptible and indefeasible;
B. Yes, because B’s title is void, hence, the action to declare it void is imprescriptible (Art. 1410, NCC);
C. No more because of laches. While a title is imprescriptible, under certain exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985)
D. No, because of estoppel.
Answer: C. No more because of laches. While a title is imprescriptible, under certain exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985)
600. If a parcel of land covered by a homestead patent is sold, what is the period of redemption?
A. Within 5 years from registration of the deed;
B. Within 5 years from the date of the conveyance (Sucaldito v. Montejo, February 6, 1991);
C. Within 5 years from the date of the conveyance plus one (1) year redemption period under the Rules of Court.
D. Imprescriptible because the sale is void.
Answer: C. Within 5 years from the date of the conveyance plus one (1) year redemption period under the Rules of Court.
601. A was granted a homestead patent on April 3, 2009. On April 29, 2011, she sold it to C. Is the sale valid?
A. Yes, because the right to sell is inherent in the right of ownership;
B. No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006)
C. Yes, anyway, she can repurchase it;
D. Yes, because there is no prohibition at the back of the title.
Answer: B. No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006)
602. May a person file an application for registration of a part of the reclamation undertaken by a local governmental unit?
A. Yes, because it is an alienable land;
B. Yes, because it is a private land;
C. No, because reclaimed lands of the public domain may only be leased not sold to private parties as they retain their inherent potential as areas for public use or public service. (Chavez v. Public Estates Authority, 384 SCRA 152);
D. Yes, because a local government unit is vested with a juridical capacity to enter into contracts.
Answer: C. No, because reclaimed lands of the public domain may only be leased not sold to private parties as they retain their inherent potential as areas for public use or public service. (Chavez v. Public Estates Authority, 384 SCRA 152);
603. If a parcel of land sought to be registered is located in two (2) provinces, where should the case be filed?
A. In both provinces;
B. If declared for taxation purposes in one (1), then in that province;
C. If the boundary has already been determined and there are now plans for the two (2) provinces, then file the same in each of the provinces;
D. If the land has been declared for taxation purposes in one province, then, file it in the said province even if the boundary has not yet been determine. (Note: The boundary should have been determined.)
Answer: C. If the boundary has already been determined and there are now plans for the two (2) provinces, then file the same in each of the provinces;
604. In an application for land registration, there was an opposition. Can the oppositor pray for affirmative relief that he be declared the owner?
A. No, because he was not an applicant;
B. Yes, provided he can adduce evidence to prove his interest. (City of Manila v. Lock, 19 Phil 324)
C. No, because there was no publication which is mandatory;
D. No, otherwise there would be violation of the due process clause.
Answer: B. Yes, provided he can adduce evidence to prove his interest. (City of Manila v. Lock, 19 Phil 324)
605. Within what time should a decree of registration be reopened?
A. Within four (4) years from the issuance of the decree of registration;
B. Within 30 days from receipt of the decree;
C. Within one (1) year from the issuance of the decree of registration; (Lopez v. Padilla, 45 SCRA 44; Eland Phils. Inc. v. Garcia, et al., G.R. No. 173289, February 17, 2010);
D. Imprescriptible.
Answer: C. Within one (1) year from the issuance of the decree of registration; (Lopez v. Padilla, 45 SCRA 44; Eland Phils. Inc. v. Garcia, et al., G.R. No. 173289, February 17, 2010);
606. What is the ground for the reopening of a decree of registration?
A. Intrinsic fraud;
B. Newly discovered evidence;
C. Actual fraud (Eland Phils. Inc. v. Garcia);
D. Mistake.
Answer: C. Actual fraud (Eland Phils. Inc. v. Garcia);
607. If the homesteader sells the property before the lapse of the 5-year prohibition, what is the nature of the contract?
A. Voidable
B. Void by reason of public policy
C. Unenforceable
D. Rescissible
Answer: B. Void by reason of public policy
608. Of the enumeration below, which is not a remedy of the mortgagee in case the mortgagor dies?
A. File a claim against the estate;
B. Abandon the security and file a claim against the estate;
C. Foreclose the mortgage and ask for deficiency in the testate or intestate proceeding;
D. Rely exclusively upon the mortgage and foreclose the same.
Answer: A. File a claim against the estate;
609. A and B both Filipinos, are married. They bought a property but not covered by a title. They migrated to the USA and became American citizens. When they came back for vacation, they filed a petition for registration of the land. Will the petition prosper?
A. No, because they are now disqualified to own being aliens;
B. Yes, because it is just a confirmation of imperfect or incomplete title;
C. No, by reason public policy, that land in the Philippines is reserved for the Filipinos;
D. No, in fact the State can even file an escheat proceeding.
Answer: B. Yes, because it is just a confirmation of imperfect or incomplete title;
610. A is both a Chinese and a Japanese. While in Manila he died leaving properties in the Philippines. Before he died, he was a domicile of Japan. How should Philippine courts adjudicate the successional right to his estate?
A. In accordance with Chinese law because of the nationality theory;
B. In accordance with Japanese law because of the nationality theory;
C. In accordance with the domiciliary law;
D. In accordance with both laws considering that the Philippines is a third State.
Answer: C. In accordance with the domiciliary law;
611. A, an American citizen and a resident of Canada executed a will in Japan. Which among the following is not correct if the will is submitted to probate in the Philippines?
A. It may be made according to the formalities prescribed by American law;
B. It may be made according to the formalities prescribed by Canadian law;
C. It may be made according to the formalities prescribed by Japanese law;
D. It will not be made according to the formalities prescribed by Philippine law.
Answer: D. It will not be made according to the formalities prescribed by Philippine law.
612. In the problem above, may his estate located in the Philippines be distributed in conformity with the provision of the said will?
A. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Japanese law;
B. Yes, provided that the provisions conform to the order of succession and the amount of successional rights as regulated by the American law;
C. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Canadian law;
D. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Philippine law.
Answer: B. Yes, provided that the provisions conform to the order of succession and the amount of successional rights as regulated by the American law;