Practice Questions in Civil Law

MCQ IN CIVIL LAW
ATTY. RONEY JONE P. GANDEZA

GANDEZA LAW OFFICE
UNIT 10 2F BBCCC BLDG.
NO. 56 COOPERATIVE ST. COR. ASSUMPTION ROAD
BAGUIO CITY
_____________
LAW PROFESSOR
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
HARRISON ROAD, BAGUIO CITY
1. Abe is a security guard at SM City Baguio. He is dating Tessie, who is

very much in love with him, but reluctant to marry him because of his meager
income and limited job potential. Abe tells his father, Rey, about his desire to
marry Tessie and about her reservation. Rey is anxious to see his son married,
and so he goes to Tessie and tells her that if she marries Abe, Rey will support
them for six months and send Abe to a computer school. This is sufficient to
dispel Tessies reservations, and Abe and Tessie marry the very next day. When
Abe and Tessie return from their honeymoon, Rey refuses to go through his offer.
If Tessie sues Rey for damages and Rey prevails, it will be because:
a) The contract was against public policy.
b) Reys promise was not supported by a valid consideration.
c) The contract was oral.
d) Tessie is happily married and therefore has suffered no loss.
2. A and B are a married couple. On complaint of B, the marriage is
judicially declared void. Without the decree of nullity of the voided marriage
recorded in the civil registry and without the assets of the absolute community of
the spouses liquidated, A marries C. As subsequent marriage to C is:
a) Valid. As failure to comply with the recording requirements is a mere
irregularity in a formal requisite which does not affect the validity of the
marriage but A may be held civilly or criminally liable for the irregularity.
b) Void. Under the law, the former spouses of a dissolved marriage may marry
again after complying with the recording requirements; otherwise, the
subsequent marriage is null and void.
c) Voidable. As failure to comply with the recording requirements constitutes
fraud which will annul the marriage at the instance of the innocent spouse, C.
d) Valid, but bigamous. As failure to comply with the recording requirements
renders his subsequent bigamous.
QUESTIONS 3-4 are based on the following fact situation:
Upon graduation from high school, Nephew could not decide whether he
wanted to go on to college or start working for a living. Uncle told Nephew that if
Nephew would attend college, Uncle would pay his tuition and expenses for the
full year, and that Uncle would pay him Php5,000 bonus for each grade higher
than 90 Nephew earned as a final grade in a subject. Nephew told Uncle that he
would attend college.
MCQ in Civil Law 2

Roney Jone P. Gandeza
University of the Cordilleras
The next day, Grandfather called Nephew and told him that he had learned
of the offer that Uncle had made him and that if Uncle failed to pay Nephew as
promised he (Grandfather) would. Nephew attended college and earned 90 as a
final grade in eight subjects. Shortly thereafter, Uncle died, and the executor of
Uncles estate refused to pay Nephew the bonus for each of the eight 90s.
3. Nephew will be unsuccessful in trying to enforce Grandfathers promise
because:
a) The contract was potestative on the part of Grandfather.
b) The fact that Nephew received a years worth of free education and tuition
was sufficient compensation for Nephews efforts in earning the eight 90s.
c) The promise was not supported by a valid consideration.
d) The contract was oral.
4. If Nephew brings suit against Uncles estate for failure to pay the bonus,
will Nephew succeed?
a) Yes, because Uncle and Nephew had entered into a valid contract.
b) Yes, because Uncle, had he been alive, clearly would have paid the bonus to
Nephew.
c) No, because Uncles promise was personal, and the obligation was
extinguished at Uncles death.
d) No, because the agreement between Uncle and Nephew was oral, and it
would be impossible for Nephew to prove its terms after Uncles death.
5. A wanted to have his house remodeled. He called a number of building
contractors and received bids ranging from Php450,000 to Php500,000. B
submitted a bid to do the work for Php400,000. A entered a contract with him to
have the house remodeled.
Shortly before B was scheduled to begin work, he called A and said, I just
found out my secretary made a mistake in adding figures. I couldnt possibly do
the work for less than Php460,000 or Id lose money. If A sues B for breach of
contract, who will prevail?
a) A, because it is already too late for him to accept other bids.
b) A, if he did not have reason to know of Bs erroneous bid.
c) B, because he had not yet commenced performance under the contract.
d) B, because he can successfully assert mistake by way of defense.
6. S orally offered to sell his land to B for Php300,000. B accepted the offer
and paid S the purchase price. S in turn delivered to B the title of the land. When
B sought to register the land in his name, the Register of Deeds refused. B seeks
your legal advice. You will most likely tell him:
a) he may enter into the possession of the land as a buyer in good faith.
b) he cannot compel S to return the payment because the contract is
unenforceable.
c) he can compel S to execute a notarized deed of sale because the contract is
valid and enforceable.
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MCQ in Civil Law 3

d) he can sue S to return the purchase price on the theory that no one may be
unjustly enriched at the expense of another.
7. Dr. Go offered a partnership in his private practice to Dr. Lim, a young
surgeon. Dr. Lim, hoping to secure a more favorable opportunity elsewhere,
declined Dr. Gos offer. He later wrote to Dr. Go, saying that he had reconsidered
the matter and was now accepting the offer previously made. Did a contract
arise?
a) No, because Dr. Lims rejection terminated the offer. The refusal of an offer
by the one to whom it is directed and communicated is a rejection of the offer.
b) It depends on whether Dr. Lims letter of acceptance does not vary the terms
of Dr. Gos offer. If there is no variance of such terms, there is a contract;
otherwise, there is none.
c) Yes, because there was no revocation by Dr. Go of his previous offer.
d) Yes, because Dr. Lims letter is an acceptance of Dr. Gos previous offer.
8. A orally agrees to form a partnership with his friend, B, 18 months from
today, each one to contribute a substantial capital to the proposed business
venture. Upon the arrival of the period, A refuses to go ahead with the agreement.
If B maintains an action against A to enforce their agreement, the action will:
a) prosper, because no partnership contract is formed.
b) not prosper, because the agreement is to be performed after one year from
the making thereof; hence, the same should be in writing to be enforceable
under the Statute of Frauds.
c) not prosper, because the partnership contract was not executed in a public
instrument.
d) prosper, because of the mutuality rule in contracts.
9. Which of the following statements is not embraced in Whartons concept
of processual presumption?
(a) A foreign law is a question of fact to be properly pleaded and proved in
conformity with the law of evidence of the State in which it is presented.
(b) When there is no proof of a foreign law, the court of the forum may presume
that the foreign law is the same as the law of the forum.
(c) Courts of the forum (local courts) are authorized to take judicial notice of a
foreign law under the principle of international comity.
(d) The party whose cause of action or defense is dependent upon a foreign law
has the burden of proving the foreign law.
10. Anton and Amy, husband and wife, are married in Baguio City. Anton
goes to Hongkong and marries Bonnie, a Filipina domestic helper. After a month
of connubial bliss in the Crown Colony, Anton goes to Singapore and marries
Connie, a Filipina house manager. After two months with Connie, Anton goes to
Brunei where he marries Demi, a Filipina GRO. After three months of connubial
bliss in Brunei, Anton heads for home sweet home. May Anton be prosecuted for
bigamy in the Philippines at the instance of his first wife, Amy?
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MCQ in Civil Law 4

a) No, because the subsequent marriages, which are bigamous marriages, were
all entered into abroad, or outside Philippine territory, and therefore beyond
our criminal jurisdiction.
b) Yes, because Anton contracted the subsequent marriages during the
subsistence of his prior existing marriage with Amy. This is true even if
Antons marriage to Amy is later declared void for any reason whatsoever.
c) Yes, following the well-settled rule that laws relating to family rights and
duties, or status, condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad.
d) No, because only the innocent spouses of the subsequent marriages are the
proper parties who can initiate the complaints for bigamy.

11. Anthony and Benita, Filipinos, are a married couple with two children.
Anthony later worked in Rome where he acquired Italian citizenship. He got a
divorce from Benita in Rome but, on returning to the Philippines, he realized his
mistake, asked forgiveness of his wife, and resumed living with her. They had two
more children.
What is the status of the four children?
a) All the children are legitimate because they were born of the same father and
mother.
b) The divorce rendered illegitimate the children born before it because the
marriage that begot them had been legally dissolved.
b) The children born before and after the divorce are all legitimate since
Philippine law does not recognize divorce.
d) The children born before the divorce are legitimate, but those born after are
not because Anthony got the divorce when he had ceased to be a Filipino.
12. This juridical relation derives its binding force from equity and justice. It
does not grant a right of action to enforce its performance; but after voluntary
fulfillment by the obligor, it authorizes the retention of what has been delivered or
rendered by reason thereof. This juridical relation is known as:
a) a quasi-contract.
b) an implied contract.
c) a natural obligation.
d) a moral obligation.
13. Pedro was a witness to an accident involving two cars. One of the
drivers paid Pedro Php5,000 in return for his promise to forget all that he had
seen. Pedro later changed his mind and testified truthfully about the facts
concerning the accident. Is Pedro liable for damages resulting from his breach of
the agreement to remain silent?
a) No, because it is his civic duty to testify in court.
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MCQ in Civil Law 5

b) No, because he has the right to change his mind.
c) Yes. The contract Pedro made with the driver is valid, binding and enforceable,
and its breach entitles the driver to hold Pedro liable for damages.
d) No. The contract Pedro made with the driver is void because it is considered
against public policy, and any effort to hold him to it will be unsuccessful.
14. D owes C Php100,000. To win Ds affection, X proposed to substitute D
as the debtor without Ds knowledge. C accepted the proposal. X later became
insolvent and defaulted in his obligation. What is the effect of Xs default upon D?
a) D is freed of liability since novation relieved him of his obligation.
b) D shall pay or perform the obligation with recourse to X.
c) X remains liable since D gave no consent to the substitution.
d) D shall pay or perform 50% of the obligation to avoid unjust enrichment on
his part.
15. An agent, authorized by a special power of attorney to sell a land
belonging to his principal, succeeded in selling the land to a buyer according to
the instructions given him (agent). The agent executed the sale document on
behalf of his principal two days after the death of the principal, an event that
neither the agent nor the buyer knew at the time of the sale. What is the legal
standing of the sale?
a) Voidable.
b) Valid.
c) Void.
d) Unenforceable.
16. Which of the following states a correct legal principle?

a) A, B, and C, are co-owners of a parcel of land. If A sells his undivided share
to B, C is entitled to redeem it.
b) A and B are owners of a adjacent rural lands with identical areas of half
hectare. If A sells his land to C, a stranger, who does not own any rural land,
B is entitled to redeem it
.
c) If the right of redemption 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.
17. A owns a parcel of land adjoining the bank of a river. The land on the
opposite bank is owned by B. Suppose the river dries up, who is the owner of the
old bed?
a) A as the owner of the adjoining land.
b) B as the owner of the opposite bank adjoining the river.
c)
A and B in proportion to their respective land areas.

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MCQ in Civil Law 6

d) The old bed will still be considered as property of public ownership.
18. T, 16 years old, executes a last will and testament. He dies at age 21. If
Ts will is presented for probate, it would most likely be:
a) admitted, because the will is valid.
b) admitted, because the law favors testacy over intestacy.
c) denied, because the will is void.
d) denied, because the will is not in accordance with law.
19. B is interested in buying a floor polisher. The seller gives B possession
of a new model floor polisher, telling him to take it home and try it out. The sale
price is Php15,000. If B does not like the polisher, he can bring it back within two
weeks. If he does not bring it back within this period, or if he approves the offer,
the seller will bill him. In the meantime, seller retains ownership of the polisher.
What kind of transaction is this?
a) sale on approval
b) transaction on sale or return
c) sale on consignment
d) conditional sale
20. D is indebted to C in the amount of PhP100,000. Upon maturity of the
debt, D fails to pay so C files suit to collect the amount. Before hearing, C
assigns to A the promissory note signed by D for PhP80,000. A now demands
payment from D.
How much is D obliged to pay A?
a) D is liable to pay PhP80,000.00, plus cost and interest.
b) D is liable to pay PhP100,000, plus cost and interest.
c) D is not liable to pay A anything because they have no privity of contract.
d) D is not liable to pay A anything because the credit was assigned without his
consent.
21. Testator T designated X to inherit Php2 million from his (T) estate for
the purpose of buying an ambulance that the residents of his barangay can use.
What kind of testamentary disposition is this?
a) fideicomissary institution.
b) modal institution.
c) conditional institution.
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MCQ in Civil Law 7

d) collective institution.
22. Which of the following statements is NOT accurate?
a) Despite a cooling-off period in legal separation cases, determination of
support and custody may be heard by the court within this period.
b) Parental authority is automatically reinstated when the parent has already
served the sentence for the crime which carried a accessory penalty of civil
interdiction.
c) When a spouse is sentenced to a penalty which carries with it civil
interdiction, judicial separation of property between the spouses automatically
follows.
d) A court cannot issue a protection order unless a petition for declaration of
nullity or annulment of marriage or legal separation has first been filed.
23. The authority that school administrators exercise over school children
under their supervision, instruction, or custody is called:
a) legal parental authority
.
e) substitute parental authority.

f) ordinary parental authority.
d) special parental authority.
A, an American, and B, a Filipina, cohabited as husband and wife without
the benefit of marriage. During their cohabitation, the couple bought a parcel of
land in Baguio City. Although the deed of sale was placed in the names of A and B
as buyers, the sale was registered in the name of B alone because A is
disqualified to own real properties in the Philippines. It is sufficiently established
that the funds used to buy the property came solely from A, as B has no sufficient
source of income.
After their relationship turned sour and they went separate ways, A sold all
his rights and interests in the property to C, a Filipino. When C tried to register
the property in his name, he discovered that the certificate of title of the property
is registered in the name of B, and that it has already been mortgaged.
24. If A is the true buyer of the property, what is the effect of the registration
of the property in the name of B?
a) The registration of the property in the name of B does not make her the
owner of the property in question. This is so because registration is not a
mode of acquiring ownership.
b) Certificates of title are proof of ownership of real property. The mere

possession of a certificate of title therefore makes the holder the true owner
of the property.
MCQ in Civil Law 8

c) The mere fact that B has the title of the disputed property in her name
necessarily, conclusively, and absolutely makes her the owner.
d) Torrens titles are indefeasible. Consequently, B became the owner of the

property upon registration thereof in his name.
25. Given that A, an alien, is disqualified to own real properties in the
Philippines, what is the status of the sale of the property by A to C?
a) The sale is void, because aliens are disqualified to own real properties in the
Philippines. The sale of the property to A, who is an American, would have
been declared invalid if challenged. Since the sale to A is void, it follows that
the sale by A to C is also void.
b) The sale is voidable at the instance of the person who sold the property to A.
This is so because the sale to A poses a continuing violation of the
Constitution.
c)
The sale is valid. If a parcel of land is invalidly transferred to an alien who

subsequently becomes a Filipino citizen (or transfers it to a Filipino), the flaw
in the original transaction is considered cured and the title of the transferee is
rendered valid.
d) The sale is void because it is contrary to public policy.

26. Romeo and Juliet, both of marriageable ages and not suffering from any
impediment, cohabited exclusively with each other as husband and wife without
the benefit of marriage. Following the birth of their child, the couple got married.
A year later, however, the court annulled the marriage. What is the present status
of the couples child?
a) Legitimated.
b)
Illegitimate.
c) Natural child.
d) Legitimate.
27. D borrowed Php1 million from a bank, secured by a mortgage on his

land. Without Ds consent, his friend, B, paid the whole loan. Assuming that D
benefited from the payment, can B compel the bank to subrogate him in its right
as mortgagee of D's land?
a) No, but the bank can foreclose and pay B back.
b) No, because B paid Ds loan without the latters consent.
c) Yes, because a change of creditor took place by novation.
d) Yes, because it is but right that B be able to get back his money and, if not, to
foreclose the mortgage in the same manner as the bank would.
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MCQ in Civil Law 9

28. X owes Y and Z the amount of PhP200,000. Upon maturity of the debt, X
fails to pay so Y and Z file suit to collect it. Before hearing, Y assigns his right to
the credit to his co-creditor, Z (presumably or PhP100,000) for only PhP75,000.
How much is X obliged to pay Z?
a) X is liable to pay PhP200,000 to Z because the assignment was made to a
co-owner. In other words, X cannot redeem the credit in litigation sold by Y to
Z.
b) X is liable to pay PhP100,000 to Z because the assignment was made without
his consent. In other words, by paying such amount, X is redeeming the credit
in litigation sold by Y to Z.
c) X is not liable to pay anything to Z because the assignment was made without
his consent.
d) X is liable to pay PhP100,000 to Z because the obligation is merely a joint

one, not solidary.
29. XYZ Insurance Company insured Pedros house for PhP5 million. In the
policy, the insurance company undertakes, upon total loss, to either pay the
insured value of the house, or rebuild it, upon proof of total loss.
If during the life of the policy the insured property is completely destroyed,
may the insured (Pedro) insist that the insurance company rebuild his house
rather than being paid its insured value?
a) No, because in alternative obligations, the debtor has the right of choice only
when it has been expressly granted to him.
b) Yes, because in facultative obligations, the right of choice always belongs to

the debtor.
c) No, because in alternative obligations, the right of choice always belongs to

the debtor, unless it has been expressly granted to the creditor.
d) Yes, because the obligation of the insurance company in the instant case is
an alternative obligation; thus, the right of choice belongs to the insured.
30. P appoints A to sell his registered land as a result of which A negotiates
the sale with C. Unknown to A, P also negotiates a sale with D, thereby making
contracts incompatible with each other. Who now owns the land, C or D?
a) C, because the sale was made to him by the duly authorized representative of
the landowner.
b) D, because the sale was made to him by the landowner himself who is not
precluded from selling his property despite the appointment of an agent.
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MCQ in Civil Law 10

c) Neither C nor D, because of the conflicting and incompatible transactions

entered into by the principal and his agent.
d) Whoever between C and D registers the sale in good faith is the owner of the
land; and in the absence of registration, the first to take possession of the
land in good faith.
31. A, a real estate broker, is Ps friend. A gratuitously offers to sell Ps farm
which P accepts. A later finds a buyer, but he keeps promising the buyer a sales
contract but fails to provide one within a reasonable period of time. The buyer
becomes disgruntled and seeks another property, and the sale ultimately falls
through. Aggrieved by As inaction, P immediately brings an an action against A
for damages. Judgment for whom?
a) Judgment for A because he was under no obligation to perform his agency
because of the gratuitous character of his agency.
b) Judgment for A because he has no privity of agency contract with P, their

agreement being gratuitous in character.
c) Judgment for P because an agent, even a gratuitous agent who does not act
for money, can be held liable for damages if he performs carelessly or
negligently.
d) Judgment for P if A deliberately avoided the contract with the would-be buyer.
32. P orally asks A to sell a parcel of land that P owns. A finds a buyer and
signs a sales contract on behalf of P to sell the land. P later refuses to deliver the
land. Accordingly, the buyer brings an action to compel P to make the delivery.
Will the action prosper?
a) No, because the sale is void.
b) No, because the sale is unenforceable.

c) Yes, because the sale is valid and enforceable.
d) Yes, because P is estopped from denying As authority.
33. S offers to B in a letter the sale of a parcel of land. B sends a reply.

Which of the following statements of B will NOT result in a contract?
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MCQ in Civil Law 11

a) I accept your offer to sell the land, but I wish I could have gotten a better
price.
b) I accept your offer to sell the land, but can you shave the price?
c) I accept your offer to sell the land, but only if I can pay on 90 days credit.
d) I accept your offer to sell the land, provided that you are the owner.
34. A offers to sell to B a particular car for Php300,000.
following events does not constitute a termination of As offer?
Which of the
a. A dies prior to Bs acceptance, and at the time B accepts, he is unaware of As

death.
b.
The night before B accepts, fire destroys the car.

c. B pays 1,000 for a 30-day option to buy the car. During this period, A dies, and
later A accepts the offer, knowing of As death.
d.
A dies an hour before receiving Bs acceptance.
35. Which law introduced for the first time the Torrens system of land
registration in the Philippines?
a) Land Registration Act
b) Cadastral Act
c) Public Land Act
d) Property Registration Decree
36. A, B, and C are co-owners of a parcel of land. They engage X to sell the land,
with X receiving a commission equivalent to 10% of the selling price. If X is successful in
selling the land, from whom can he collect his commission?
a) X can collect from any of the three co-owners because of their solidary liability.
b) X can collect from each co-owner their proportionate share in his commission
because of their joint liability.
c) X can collect his commission by proceeding against all the co-owners at the
same time because their obligation to pay the commission is joint and indivisible.
d) X cannot collect his commission because in co-ownership, the co-owners are not
liable for anything.
37. T, a citizen of California, died in Baguio City. In his will, he left the bulk
of his estate to a grandchild resulting in the impairment of the legitime of his
other heirs. The system of legitime is not recognized in California. Is the
disposition valid?
a) The disposition is void because of the impairment of the legitime of Ts
compulsory heirs. This solution is in conformity with the rule on lex situs
(Philippine law) which recognizes the system of legitime.
b) The disposition is valid because T is free to dispose of his properties in favour
of any person not disqualified by his national law to inherit from him.
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MCQ in Civil Law 12

c) The disposition is valid because as far as the intrinsic validity of a will is
concerned, the law intended by the testator shall govern.
d) The disposition is void because as far as the formal validity of the will is
concerned, Philippine laws shall govern, assuming that it is executed in the
Philippines.
38. A stabs B and as a result the latter died. An information for homicide is
filed against A. During the pendency of the criminal action, the heirs of B institute
a civil action to recover damages from A. Defendant files a motion to dismiss on
the ground that the plaintiffs must wait until the termination of the criminal case
before they can institute the civil action. Assuming that there was a reservation of
the right to institute a separate civil action, will the motion prosper?
a) The motion will prosper because the civil action is already deemed instituted
with the criminal action.
b) The motion will prosper because civil action filed by the heirs of B is not an
independent civil action.
c) The motion will not prosper because the reservation of the right to institute a
civil action is legally considered a blanket authority for Bs heirs to file the civil
action even during the pendency of the criminal action.
d) The motion will not prosper because the civil action filed by the heirs of B is
an independent civil action. The terms defamation, fraud and physical injuries
under Article 33 of the Civil Code are used in their generic sense and not in
their technical sense.
39. When two persons perish in the same calamity, such as wreck, battle or
conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is presumed,
according to the Rules of Court, from the probabilities resulting from the strength
and age and sexes of the parties.
Which of the following is a valid presumption of survivorship under the
Rules of Court?
(a) if both were under the age of 15 years, the younger is presumed to have
survived.
(b) if both were above
survived.
the age of 60 years, the older is presumed to have
(c) if one be under 15 and the other is above 60, the latter is presumed to have
survived.
(d) if both were under the age of 15 years, the older is presumed to have
survived.
40. X was coerced into marrying Y. X sues for annulment. During the
pendency of the case, X marries Z. When Z learns of the first marriage, Z sues X
for bigamy. X now alleges that the pendency of the annulment case is a
prejudicial question. Is X correct?
a) X is wrong because the decision in the annulment case is not important. The
first marriage will either be annulled or not. if not annulled, bigamy can
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MCQ in Civil Law 13

prosper. if annulled, still bigamy can prosper, for when he married the second
time, he was still married to his first wife, a voidable marriage being
considered valid until annulled.
b) X is wrong because the annulment of his first marriage is not determinative of
his guilt or innocence in the bigamy case. Consequently, the pendency of the
annulment case is not prejudicial question in the bigamy case.
c) X is correct because the issue in the annulment case is determinative of his
guilt or innocence in the bigamy case. Consequently, the pendency of the
annulment case is a prejudicial question in the bigamy case.
d) X is wrong because the annulment and bigamy cases can proceed separately
and independently of each other.
41. X was six months pregnant when she was hit by the car driven by Y.
Investigation shows that the accident was a result of Ys negligent driving. X
suffered injuries resulting in the abortion of her unborn child. If X sues Y for
damages arising from the death of a family member, she will most likely:
(a) prevail, because the foetus is already regarded as a child from conception,
though unborn.
(b) not prevail, because Y would not have known that the accident would result in
the abortion of Xs pregnancy.
(c) not prevail, because birth determines personality, the accident did not result in
the death of a person.
(d) prevail, because the mother believed in her heart that she lost a child.
42. A marriage between two 21-year olds without parental advice is (a) Valid, because the absence of parental advice is merely an irregularity
affecting a formal requisite of marriage.
(b) Valid, because the absence of parental advice is merely a defect in an
essential requisite of marriage which does not affect the validity of the
marriage.
(c) Void, because
the absence of parental advice is an indispensable
requirement for the issuance of a marriage license.
(d) Voidable, because the absence of parental advice constitutes a defect in the
consent of the contracting parties to the marriage.
43. A contracted two marriages: the first with B, and the second with C.
When B learned of As second marriage, she sued A for bigamy. A retaliated by
filing an action to declare their marriage void, which the court granted.
Meanwhile, in the bigamy case, the court convicted A despite his defense
that since the first marriage was earlier declared void, said marriage is deemed
not to have taken place at all; hence, the element of a previous subsisting
marriage for the crime of bigamy to exist is absent.
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MCQ in Civil Law 14

Is A guilty of bigamy?
(a) No, because the gravamen of bigamy is the existence of a prior subsisting
marriage. Because As first marriage was earlier declared void, said marriage
is deemed not to have taken place at all.
(b) No, because the civil action was decided ahead of the criminal action. The
clear implication of this is that, if the civil action is decided first, the possibility
of conviction in the criminal case for bigamy is rendered moot and academic.
(c) Yes, because the law requires a prior judicial declaration of nullity of previous
marriage before a party may remarry. Since the second marriage was
contracted before the judicial declaration of nullity of the second marriage, all
the elements of the crime of bigamy are present.
(d) Yes, because A should have sought the nullification of his second marriage,
not that of his first marriage.
44. A and B are stepbrother and stepsister who contracted marriage while
sojourning in Japan. If under Japanese law the marriage is void, should the
marriage be recognized as valid here?
(a) Yes, because there is no law here prohibiting it a marriage between a
stepbrother and a stepsister.
(b) No, because a marriage which is void where celebrated is also be void here.
(c) Yes, because there is no public policy violated by the marriage of A and B.
(d) No, because a marriage between a stepbrother and stepsister is an
incestuous marriage as determined by Philippine law.
45. Arturo, a member of the armed forces, was injured in an encounter with
MILF rebels in a remote town in Maguindanao. He was airlifted to Manila where
he was confined at a hospital. At one point, he was at the point of death. Can
Arturos military commander validly solemnize his marriage at the hospital with
his girlfriend, Belen, without a marriage license?
(a) Yes, in view of Arturos physical condition. To require a marriage license for
Arturos intended marriage would have been fruitless if Arturo dies during the
10-day publication period.
(b) Yes, because the marriage is one in articulo mortis.
(c) No, because the marriage should have been solemnized within the zone of
military operation where Arturo was fatally injured.
(d) No, because there is no showing that the hospital where the marriage is to be
solemnized is with a chaplain, but the chaplain is absent.
46. A and B are illegitimate first cousins. If they contract marriage in Japan,
and valid there as such, is the marriage valid here?
(a) Yes, because the relationship of the parties is illegitimate.
(b) No, because it is contrary to public policy.
(c) Yes, because the general rule on lex loci celebrationis applies.
(d) No, because the marriage is deemed incestuous under Philippine law.
14
MCQ in Civil Law 15

47. Is a marriage between a granduncle and a grandniece valid?
(a) Yes, because the parties are not suffering from any legal impediment.
(b) Yes, as long as their relationship is legitimate.
(c) No, because their marriage is incestuous.
(d) No, because their marriage is contrary to public policy.
Marissa, a Filipina, married John, an American, in Tokyo, Japan in a
wedding ceremony celebrated according to Japanese laws. The following year, John
returned to his native Nevada, and there he validly obtained an absolute divorce
from Marissa.
After Marissa received the final judgment of divorce, she married her
childhood sweetheart Pedro, a Filipino, in a religious ceremony in Cebu City,
celebrated according to the formalities of Philippine law. Pedro later left for the
United States and became a naturalized American citizen. Marissa followed Pedro to
the United States, and after a serious quarrel, Marissa obtained a divorce decree
issued by the court in the state of Maryland.
Marissa then returned to the Philippines and in a civil ceremony celebrated
in Baguio City according to the formalities of Philippine law, she married her former
law classmate Vincent, a true-blooded Ilocano.
48. Marissas marriage to John is:
a) void, because it was not celebrated in accordance with Marissas national
law.
b) void, if there is no showing that the marriage was celebrated with a marriage
license.
c) voidable, if John failed to present a certificate of legal capacity.
d) valid, under the lex loci celebrationis.
49. Marissas marriage to Pedro is:
a) Void, because the divorce obtained by John is not recognized as valid here.
b) Valid, because the divorce obtained abroad by John is valid under the
principle of extraterritoriality.
(c) Voidable, because the divorce obtained by John abroad is not binding in the
Philippines.
(d) Valid, because the divorce obtained by John capacitated Marissa to remarry
under Philippine law.
50. Marissas marriage to Vincent is:
a) Void, because Marissa was still lawfully married to John at the time of her
marriage to Vincent.
15
MCQ in Civil Law 16

b) Valid, because of the valid dissolution of her marriage to Pedro.
c) Valid, because of the valid dissolution of her marriage to John.
d) Void, because she was still lawfully married to Pedro when she married
Vincent.
51. Abe works as a janitor in a building at night. On his way to work, he
finds a piece of gold necklace that contains several apparently precious stones.
The following day, Abe decides to take the necklace to a jewelry store to have it
appraised. While pretending to weigh the jewelry, an employee of the jeweler
removes several of the stones.
If Abe brings an action to recover the stones from the jeweler, is he entitled
to a favorable judgment?
a) No. The jeweler is entitled to the possession of the stones until the true owner
claims it from him.
b) No. Not being the owner of the stones, Abe has no cause of action against
the jeweler for the recovery of the stones. The jeweler is entitled to turn over
the stones to the authorities for proper disposition.
c) Yes. As the party in physical possession of the jewelry, Abe is entitled to be
respected in its possession which he can enforce against anyone, except the
true owner.
d) Yes, under the rule on finders keeper.
52. Abe is to be operated on for a cancerous tumor. Before the operation,
he delivers an envelope to his friend, Rey. The envelope contains a letter saying,
I realize my days are numbered, and I want to give you this check for Php1
million in the event of my death from this operation. Rey cashes the check.
The surgeon performs the operation and removes the tumor. Abe recovers
fully. Several months later, Abe dies from a heart attack that is totally unrelated to
the operation.
Upon Abes death, the administrator of his estate immediately commences
an action to recover from Rey the Php1 million. Will the suit prosper?
a) Yes. The donation to Rey is mortis causa because Abe intended it to take
effect upon his death. And since the donation was not expressed in
accordance with the formalities of wills, the donation is void.
b) Yes. The donation to Rey is mortis causa, but the condition for the bequest of
P1 million to Reys has not been fulfilled because of Abes death for a cause
not related to his operation.
c) No. The donation to Rey is a valid inter vivos donation.
d) No, because Rey already acquired ownership of the donated property when
he encashed it.
16
MCQ in Civil Law 17

53. D owes C Php400,000. The debt is the subject of a lawsuit, and the court
awards C a judgment of Php400,000 against D.
To satisfy the judgment, the sheriff levies on Ds family home in Baguio
City valued at Php500,000. D opposes the levy on the ground that his family home
is exempt from execution. Judgment for whom?
a) Judgment for C. If judgment is rendered against the owner or owners of a
family home, and the creditor has reasonable ground to believe that the value
of the family home is in excess of Php300,00 or Php200,000, the creditor
may apply for an order directing the sale of the family home.
b) Judgment for D because the owner may claim exemption of the family home
from execution, forced sale or attachment if the increase in value of the
family family home resulted from improvements introduced by him, provided
the value of the family at the time of its constitution is within the value fixed by
law.
c) Judgment for D because the family home is exempt from execution, forced
sale or attachment if the judgment debt arose after the constitution of the
family home as in this case.
d) Judgment for C because the family home in the instant case is not exempt
from execution or forced sale or attachment because the judgment debt arose
arose after the constitution of the family home.
54. A needs Php100,000. B agrees to lend her the money, but not without
security. Consequently, A delivers some of her jewelry to B and signs a power of
attorney giving B the power, in case she fails to repay the loan, to sell the jewelry
as her agent for the best price that can be obtained and to pay out of the
proceeds the unpaid amount of the loan, giving any surplus to her. Having
obtained the money, A tells B that she revokes the power to sell.
Is the agency deemed revoked?
a) Yes, because the agreement between A and B is in the nature of a pactum
commissorium.
b) No, because the agency is coupled with an interest and is created for the
benefit of the agent. Hence, this type of agency is irrevocable.
c) Yes, because under the law on agency, even an agency couple with interest
is irrevocable. The remedy of the agent is to sue the principal for the amount
owed.
d) No, because the agent is required by law to give his consent.
55. Abe took his car to a carwash station and asked to have it washed.
While it is being washed, Abe went to SM for two hours. In the meantime, one of
the workers at the car wash had mistakenly hand-waxed the car. When Abe came
back, he was presented with a bill for a wash job and a hand wax.
Is Abe liable to pay for the hand wax job?
a) Abe is not liable. The doctrine of quasi-contract does not apply when there is
a contract between the parties. Although there was a benefit bestowed to
Abe, Abe did not receive an unjust benefit because the hand wax job was not
contemplated by his agreement with the owner of the car wash station.
17
MCQ in Civil Law 18

b) Abe is liable. The doctrine of quasi-contract applies even when there is a
contract. Abe is liable because of the benefit bestowed to him. To hold Abe
not liable would constitute unjust enrichment on his part.
c) Abe is liable on the basis of an implied contract between him and the carwash
station. Although the hand wax job was not contemplated by his agreement
with the owner of the car wash station, Abe is still liable because of his
implied agreement with the owner that the car be presented to him spanking
clean after the car wash job.
d) Abe is not liable because on the theory that his obligation is at best a natural
obligation which allows him to avoid it at his option.
56. A and B orally contract for the sale of As house for Php 1 million. A
writes B a letter confirming the sale by identifying the parties and the essential
terms -- description and location of the property, price, and method of payment -and signs the letter. Is the sale enforceable by court action?
a) Because A signed the letter, he can be held to the oral contract by B. Because
B has not signed a written contract or memorandum, B can plead the Statute
of Frauds as a defense, and A cannot enforce the contract against him.
b) The contract is unenforceable as to both parties because the contract was
made orally. That A signed a letter confirming the contract is irrelevant
because B did not sign it.
c)
The contract is unenforceable because it involves a transaction the

performance of which is not to be made within a year from the making
thereof.
d) Although the contract was made orally, the letter of A confirming the sale
amounts to a ratification of what was otherwise an unenforceable contract.
57. Seller, in reply to an inquiry from Buyer, sent a letter dated December 8
stating terms upon which it would sell 100 to 300 Lenovo computer desktops at a
certain price. On December 16, Buyer sent a telegram to Seller ordering 80
computer units on those terms. On December 18, Seller sent a telegram to Buyer
rejecting the order. The next day Buyer sent Seller a telegram stating, Please
enter an order for 150 computer units as per your letter of December 8. Seller
refused the order, and Buyer sued for breach of contract. Judgment for whom?
a) Judgment for Seller. Buyers telegram of December 16 was a counter-offer.
The Buyers attempt to fall back on the Sellers original offer by the telegram
of December 19 created no rights against the Seller.
b) Judgment for the Seller. The offer made by the Seller was not definite and
certain and therefore the Seller may withdraw such offer at anytime before
acceptance by the offeree.
c) Judgment for the Buyer. Buyers telegram of December 16 was an unqualified
acceptance of Sellers offer.
d) Judgment for Buyer. Sellers telegram refusing Buyers order is whimsical and
capricious.
18
MCQ in Civil Law 19

58. A politician promises a newspaper editor that he will pay the editor
Php50,000 if the editor will publish a false story indicating that the politicians
opponent is gay. If the editor publishes the story, is he entitled to collect the
amount promised?
a) Yes, because of the meeting of the minds between the parties as to the object
and cause or consideration of their agreement.
b) No, because the agreement is contrary to public policy.
c) Yes, because the parties are in pari delicto.
d) No, because the promised reward, being in the nature of a donation, must be
expressed in the form prescribed by law.
59. B contracts to buy a certain parcel of land from S, but their contract
mistakenly refers to a parcel of land different from the one being sold. Due to the
mistake, B cannot devote the land for the purpose intended. Is B entitled to annul
the sale?
a) Yes. The mistake of S and B as to the proper object of their sale agreement
renders the same voidable.
b) No, Bs proper remedy is to reform the instrument of sale so that it conforms
to the intention of the parties.
c) No. Bs proper remedy is to rescind the sale on the theory that S can no
longer perform with what is incumbent upon him.
d) No. Bs proper remedy is to file for specific performance to compel B to
deliver the correct parcel of land sold to him.
60. In the following situations, two parties lay claim to the same goods
sold. Discuss which of the parties would prevail in each situation.
a. X steals Ys television set and sells it to Z, an innocent purchaser for
value. Y learns Z has the set and demands its return.
b. X takes his television set for repair to Y who sells new and used
television sets. By accident, one of Ys employees sells the set to Z, an innocent
purchaser for value, who takes possession. X want his set back from Z.
a) Y can recover in (a) but not in (b).
b) Y can recover in (b) but not in (a).
c) Y can recover in both (a) and (b).
d) Y cannot recover in both situations.
61. A and B agree that if A acquires a business dealership, he will hire B as
sales manager for one year at a monthly salary of Php50,000, and B will accept
such employment. As promise is:
a. void because it is subject to a potestative condition.
b. valid because it is subject to a mixed condition.
c. valid because it is subject to a casual condition.
d. voidable because both promises are not mutually obligatory.
19
MCQ in Civil Law 20

62. The Statute of Frauds:
a) Mandates that both parties sign the written contract or note or memorandum
evidencing their agreement.
b) Applies to all contracts under which payment of P500.00 is to be made.
c) Has no requirement that the agreement of the parties be reduced to one
document.
d) Sets forth the elements of fraud as applicable to inducing another party to
enter into a contractual relationship.
63. X and Y orally agreed that X would lease office space to Y at a fixed rent
as soon as the current lessee of the premises vacates in two years time. Almost
two years later, and before he took possession of the premises, Y learned of a
much more advantageous opportunity and established his office elsewhere. To
compel Y to perform, X brought suit to enforce the agreement. Ys strongest
argument in his suit would be:
a. Mistake.
b. Impossibility of performance.
c. Statute of Frauds.
d. Autonomy of contracts.
64. A private corporation may hold by lease an alienable and disposable
land of the public domain for a period not exceeding:
a.
10 years
b.
15 years
c.
20 years
d.
25 years
65. Ambo donates propter nuptias a parcel of land to his lady friend, Lilian,
whom he intends to marry in three months time. Due to a serious quarrel, the
marriage is called off at the last minute. The donation propter nuptias is:
a. revocable at the instance of Ambo if the donation is incorporated in the
marriage settlement.
b. revocable at the instance of Ambo if Lilian gave cause to the non-celebration
of the marriage.
c. revoked by operation of law if the donation is incorporated in the marriage
settlement.
d. revoked by operation of law if the donation is made independently of the
marriage settlement.
66. A, B and C are co-owners of a parcel of land. A sells his undivided share
to D. If B later sells his undivided share to E, is D entitled to redeem As share?
a. Yes, because the right of legal redemption is not limited to the original coowners, B and C.
20
MCQ in Civil Law 21

b. No, because the right of legal redemption is reserved only to the original coowners.
c. No, because insofar as B and C are concerned, D is a complete stranger to
them.
d.
Yes, if D became a co-owner with the consent of the other co-owners.

67. Suppose A donates his share to D, may B or C redeem As share?
a) No. The right of legal redemption may be exercised only if the share of a coowner is alienated to a third person by onerous title.
b) Yes. The exercise of legal redemption by a co-owner is absolute.
c) No. The right of legal redemption accrues only when a share of a co-owner is
alienated gratuitously to another co-owner.
d) Yes. If an alienation is made to a stranger without the consent of the others,
onerously or gratuitously, the right of legal redemption exists.
68. May B exercise the right of redemption if A sells his share to C?
a) Yes, because the exercise of legal redemption by a co-owner is absolute.
b) No, because the right of legal redemption becomes vested only when a share
of a co-owner is alienated gratuitously to a third person.
c) Yes, if the sale to another co-owner was made without the consent of the
others.
d) No, because the right of legal redemption may be exercised only if the share
of a co-owner is alienated to a third person by onerous title.
69. If a co-owner seeks to exercise his right of legal redemption, within

what period may he exercise it?
a) within 30 days from written notice by the seller-co-owner.
b) within 30 days from written notice by the buyer.
c) within one year from written notice by the seller co-owner.
d) within one year from written notice by the buyer.
70. B, C, D and E are co-owners of a parcel of land. Without the knowledge
of his co-owners, E sells the entire property to F. The sale is:
a) void because it constitutes an alteration of the community property.
b) valid with respect to Es one-fourth share of the property.
c) voidable with respect to the ideal shares of the other co-owners.
d) unenforceable with respect to the shares of the other co-owners.
71. A sold an unregistered land to B. Upon As death, his brother, C,
executed an extrajudicial settlement of As estate under which he adjudicated
21
MCQ in Civil Law 22

exclusively unto himself the lot and simultaneously sold the same to D who was
unaware of the prior sale.
Is the rule on double sales under Article 1544 of the Civil Code applicable
to the above problem?
a) Yes, it is applicable. It is irrelevant whether the same thing is sold to different
vendees by different vendors. What matters is that the same thing is sold to
different vendees.
b) Yes, it is applicable. The law is silent as to whether the lot is sold to different
vendees by different vendors. If the law does not distinguish, we do not
distinguish.
c) No, it is not applicable. The governing law in this type of situation is
Presidential Decree No. 1529 governing registration of sales in the Register
of Deeds.
d) No, it is not applicable. Article 1544 of the Civil Code on double sales applies
only where the same thing is sold to different vendees by the same vendor. It
does not apply where the same thing is sold to different vendees by different
vendors as in the case at bar.
72. Who between the two buyers is the rightful owner of the lot?
a) D is the owner. This is so because he was unaware of the prior sale.
b) D is the owner because B never took possession of the lot.
c) B is the owner. C was not the owner when he sold the lot to D.
d) B is the owner because he is the first buyer.
73. Is the issue of Ds good faith relevant in resolving whether he has a
preferential right to the lot?
a) No. The issue of good faith or bad faith is relevant only where the subject of
the sale is a registered land.
b) No. Ds good faith is relevant only where the first buyer did not take
possession of the lot after it was sold to him.
c) Yes. Ds good faith determines if he has a preferential right to the lot,
especially so when the first sale was never registered.
d) Yes. Ds good faith entitles him to register the sale in his name thereby giving
him a preferential right to the lot.
74. Two months after the death of her husband, Rose married her
childhood friend. Seven months later, she gave birth to a baby boy whom she
named in honor of her deceased husband. In the absence of proof as to who the
father is, what status does the law give to the child?
a) The child is presumed to be the legitimate child of the first husband because it
was born within 300 days following the death of the deceased husband.
b) The child is presumed to be the legitimate child of the first husband because it
was born within 180 days following the celebration of the subsequent
marriage.
22
MCQ in Civil Law 23

c) The child is presumed to be the legitimate child of the second husband
because it was born within 300 days following the celebration of the
subsequent marriage.
d) The child is presumed to be the legitimate child of the second husband
because it was born after one hundred eighty days following the celebration
of the subsequent marriage.
75. Samson and Delilah are married without a marriage settlement. Five
years later, Samson inherited from his father a residential lot valued at P500,000.
Samson died last year survived by his wife, Delilah, and his mother, Minerva.
Delilah claims half of the property as her share in the absolute community and
the other half as Samsons share.
If Minerva files suit against Delilah to recover the property, she would most
likely:
a. fail, because the property belongs to the absolute community property of
Samson and Delilah.
b. prevail, because the lot is Samsons separate property.
c. fail, because the property solely belongs to Delilah.
d. prevail, because the property is subject to reserva troncal.
76. For five years since 1999, Tony, a bank Vice-President, and Susan, an
entertainer, lived together as husband and wife without the benefit of marriage
although they were capable to marry each other. Since Tonys salary was more
than enough for their needs, Susan stopped working and merely kept house.
During that period, Tony was able to buy a house and lot in a subdivision. Five
years later, Tony and Susan decided to separate. Susan now seeks to partition the
property.
Which of the following statements accurately describes the ownership of
the property?
a. Tony is the sole owner. Susan did not contribute to the acquisition of the
property; hence, she has no share therein.
b. Tony and Susan are co-owners on the basis of their actual joint contribution.
c. Tony and Susan are co-owners in equal shares after deducting and delivering
to Tony the purchase price of the property.
d. Tony and Susan are co-owners in equal shares even if Susan merely kept
house which is by law considered as sufficient contribution.
77. Pedro boarded a Cebu Pacific flight bound for Davao City in the
morning of October 5, 2002. The plane crashed in a forested area somewhere in
Mindoro. Despite efforts to locate him, his heirs never found his body.
For purposes of opening Pedros estate to succession, he will be presumed
to have died in 23
MCQ in Civil Law 24

a) 2002, because a person who disappears with great probability of death is is
presumed to have died at the time of his disappearance or at the time of the
calamity.
b) 2006, because a person who disappears with great probability of death is is
presumed to have died at the end of fours years.
c) 2009, because a person is presumed dead for all purposes, including the
opening of his succession, after an absence of seven years.
d) 2012, because a person is presumed dead for the opening of his succession
after an absence of ten years, regardless of the cause of his disappearance.
78. T executed a two-paged will in Filipino. The first page contains the
disposition of the estate; the second page the attestation clause worded as
follows:
PATUNAY NG MGA SAKSI
Ang kasulatang ito na binubuo ng ___ dahon pati and huling dahong ito, na
ipinapahayag sa amin ni Maria na tagapagpamana na siya niyang Huling
Habilin, ngayong ika-10
ng
Hunyo, 1999, ay nilagdaan ng nasabing
tagapagpamana sa ilalim ng kasulatang nabanggit at sa kaliwang panig ng lahat
at bawat dahon, sa harap ng lahat at bawat isa sa amin, at kami naming mga
saksi ay lumagda sa harap ng nasabing tagapagpamana at sa harap ng lahat at
bawat isa sa amin, sa ilalim ng nasabing kasulatan at sa kaliwang panig ng lahat
at bawat dahon ng kasulatang ito.
A probate court would most likely:
(a) disallow the will because a will whose attestation clause does not contain the
number of pages upon which it is written is void.
(b) allow the will because the failure to state the language or dialect in which the
attestation clause is written is not a fatal defect.
(c) allow the will because the failure to state the number of pages upon which the
will is written is not a fatal defect in the absence of a showing that the
omission was fraudulent.
(d) allow the will because an attestation clause need not be written in a language
or dialect known to the testator as long as the same was interpreted to them.
79. Which of the following statements is a correct legal principle?
a)
Heirs are always called to succeed by particular title.
b)
There is preterition when a compulsory heir is given a legacy but the legacy is
less than the heirs legitime.
c)
When the testator designates only one recipient but two or more persons fit
the description constitutes a patent ambiguity.
d)
Succession is a derivative mode of acquisition of property.
24
MCQ in Civil Law 25

80. Abes will is presented for probate by his executor. Tessie, Abes widow,
opposes the probate of the will on the allegation that the attestation clause does not
contain Abes signature. The probate court would likely hold that Tessies opposition is:
(a) untenable, because the attestation clause is not an act of the testator, but of
the instrumental witnesses.
(b) untenable, because the attestation clause is not a physical part of the will.
(c) tenable, because the attestation clause is a logical part of the will.
(d) tenable, because of the requirement that the testator shall attest to the signing
of the attestation clause by the witnesses in the presence of the testator.
81. Rene and Angelina are a married couple. During their marriage, they
acquired a parcel of land in Quezon City. When Angelina was away in Hongkong
as a house manager, Rene sold the lot to Benito. The sale of the lot is:
a. voidable, and it may be annulled at the instance of Angelina.
b. void, because the sale was effected without the consent of Angelina.
c. valid, if the husband was the designated administrator-spouse.
d. void, if the sale did not redound to the benefit of the family.
Sandra was 15 when she was made pregnant by Conrad. Conrad did not
marry Sandra. Sandra later gave birth to a son named Andy. When Andy was
already 10 years old, Sandra met Ramon, a 25-year old bachelor. They fell in love
and got married.
82. May Sandra alone adopt Andy?
a.
No, because the petition must have been filed jointly with her
husband.
b. Yes, provided it is with the consent of her husband.

c . No, if it is without the consent of the childs natural father.
d. Yes, provided her husband is in a position to support the child.
83. May Ramon alone adopt Andy?
a. No, because Andy is an illegitimate child of his spouse; therefore, he
must file it jointly with his wife.
b. Yes, because his wife is the biological mother of Andy.
c. No, because their age difference is less than 15 years.
d. Yes, provided it is with the consent of the mother.
84. Maria, a Filipina who is now a naturalized American citizen, and Gary,
her American husband, filed a petition for adoption of her three-year old nephew,
Santi, one of the eight children of her destitute sister in Tondo. She had been
regularly sending support to the child since birth, and being childless, she and
25
MCQ in Civil Law 26

her husband have come to love him as their own son. They are both wellemployed in the United States.
Should the petition be granted?
a. Yes. Although Maria and Gary are aliens, they are qualified to adopt Santi
because he is Marias relative within the 4th civil degree of consanguinity.
b. No, because Maria and Gary have not resided in the Philippines continuously
for at least three years immediately preceding the filing of the petition for
adoption.
c. Yes. The residency requirement is waived because Santi is a relative of Maria
within the 4th civil degree of consanguinity.
d. No. While Maria is qualified to adopt, Gary is not. Maria alone cannot file the
petition because of the rule requiring joint adoption by the spouses.
85. Which of the following properties is excluded from the absolute
community of property between the spouses?
a) Husbands savings when he was still single.
b) Lotto winnings of the wife.
c) Rental income on property brought to the marriage by the husband.
d) Property inherited by the husband during the marriage from his parents.
86. Which of the following fact situations are the spouses governed by the
mandatory regime of complete separation of property?
a. Husband contracts a subsequent marriage without liquidation of the absolute
community property of the dissolved marriage.
b. Husband contracts a subsequent marriage without delivering the presumptive
legitimes of the common children of the dissolved marriage.
c. Husband contracts a subsequent marriage without a prior judicial declaration
of nullity of the prior marriage.
d. Husband contracts a subsequent marriage without complying with the
recording requirements under the Family Code.
87. The validity of a will as to its form depends upon the observance of the
law in force at the time:
(a) when the will is made.
(b) when the will is presented for probate.
(c) of the testators death.
(d) when the testators estate is to be settled by his heirs.
88. The intrinsic validity of a will is determined by the law in force at the
time -
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(a) when the will is made.
(b) when the will is presented for probate.
(c) of the testators death.
(d) when the testators estate is to be settled by his heirs.
89. If the testator is deaf-mute, what are the additional formalities required
by law for the validity of his will?
(a) The will shall be read to him twice; once by one of the subscribing witnesses,
and again by the notary public before whom the will is acknowledged.
(b) The will shall be read to him twice; once by the person authorized by him to
sign the will in his name and under his express direction, and again by the
notary public before whom the will is acknowledged.
(c) He must personally read the will, if able to do so; otherwise, he shall
designate two persons to read it and communicate to him in some practicable
manner the contents thereof.
(d) He must personally read the will, if able to do so; otherwise, he shall
designate an instrumental witness to read it and communicate to him in some
practicable manner the contents thereof.
90. S enters into a written contract to sell with B, undertaking to convey to
the latter one of the five lots he owns, without specifying which lot, for the price
of Php 1 million. The parties later could not agree which of the five lots S
promised to sell to B. What is the legal standing of the contract?
a) The sale is valid because it is enough that the thing is capable of being made
determinate without need of further contract.
b) The sale is unenforceable because the object is not determinate.
c) The sale is voidable at the instance of both parties.
d) The sale is void because of the indeterminate subject matter.
91. S sells to B a parcel of land. Their agreement, denominated as
Conditional Sale of Registered Land, contains the following stipulations:
1) B to pay a purchase price of Php2 million, with a down payment of
Php300,000 upon the signing of the contract.
2) B to pay the balance upon presentation by S of a certificate of title in Bs
name within 20 months from the signing of the contract.
3) The balance of the purchase price would earn interest at 17% interest per
annum payable to S.
4) B would have absolute and unconditional possession of the lot with the
right to introduce improvements thereon.
Is the sale absolute or conditional?
a) The sale is absolute because ownership of the lot passed to the vendee both
by constructive and actual delivery.
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b) The sale is absolute because upon payment by the vendee of the balance of
the purchase price.
c) The sale is conditional as stipulated by the parties in their agreement.
d) The sale is conditional because the vendor is still obliged to present to the
vendee a certificate of title within 20 months from the signing of the contract.
92. S sold to B a diamond ring. They agreed to leave the determination of
the price to C whom they thought was a jeweler. If C acted by mistake, as when he
is incompetent to know the price of the diamond ring (or acted in bad faith as
when he connived with S), the contract is:
a. void, because no price was agreed upon.
b. valid, because the courts may fix the price.
c. rescissible, at the option of B.
d. voidable, because of Cs mistake.
93. Which of the following is not a formal or solemn contract?
a) Donation of movable property if the value of the personal property donated
does not exceed Php5,000.
b) Donation of immovable, regardless of its value.
c) A contract of partnership if immovable property is contributed.
d) A contract of antichresis.
94. If an agent sells to himself what his principal has ordered him to buy,
the sale to the agent is:
a) void, if the sale was without the permission of the principal.
b) voidable, if the agent did not disclose his principal to his seller.
c) rescissible, if the principal thereby suffered economic damage.
d) valid, because there is no prohibition under the law for such sale.
95. A sold his land to B who began to possess it. C, a stranger, sold the
same land, unauthorized by anyone, and in his own name to D, who registered
the same in good faith. Who owns the land, C or D?
a) D is the owner because of the good faith registration of the sale in his favor.
b) C is the owner even if he did not register the sale because D, who registered
the same, did not buy the land from its lawful owner, but from a complete
stranger totally unconnected with the land.
c) D is the owner because the first buyer is always preferred.
d) C is the owner if B did not take possession of the land.
96. S sells a piece of land to B who does not register the sale.
Subsequently, S sells the same piece of land to C who registers the sale. In a suit
between the buyers B and C over the land sold, B (the first buyer) is defeated, and
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is deprived of the property.
eviction?
May B enforce against S the warranty against
a) Yes. While it appears that B is evicted by virtue of a right subsequent to the

sale to him (not prior to the sale), the warranty may still be enforced because
the cause of Bs eviction is imputable to the vendor S.
b) No. B may enforce the warranty against eviction only if his eviction is
imputable to the vendor. In the instant case, the eviction of B is imputable to
his negligence.
c) Yes, because the right of the vendee to enforce the warranty against eviction
is implied in a contract of sale. Such right is absolute.
d) No. For a warranty against eviction to become demandable, the buyer must
have been evicted from the thing sold by virtue of a right prior to the sale.
Since the sale to C was subsequent, and not prior, to that of B, the warranty
against eviction is no longer demandable.
97. X borrowed a car from his friend, Y, car for an out of town trip. On his
way to his destination, X met with an accident which greatly damaged the car. X
was not at fault because he was driving carefully. If the car is to be repaired, the
expenses for repair shall be borne by:
a. X alone, whether he is at fault or not.
b. Y alone, because X was not at fault.
c. X and Y in equal shares, the expenses being deemed ordinary.
d. X and Y in equal shares, the expenses being deemed extraordinary.
98. A borrowed Bs truck. During a fire which broke out in As garage, he
had time to save only one vehicle, and he saved his car instead of the truck. Is A
liable for the loss of Bs truck?
a) Yes. The bailee in commodatum is liable for the loss of the thing loaned, even
if it should be through a fortuitous event if, being able to save either the thing
borrowed or his own thing, he chose to save the latter.
b) No. The bailee in commodatum is liable for the loss of the thing loaned only if
such loss occurred though his fault.
c) No. The bailee in commodatum is liable for the loss of the thing loaned only if
he allowed others to use the truck.
d) Yes. The bailee in commodatum is liable for the loss of the thing loaned only if
the loan for the use of the truck was for a specific purpose.
99. The term of a 5-year lease contract between lessor and lessee where
rents were paid from month to month, came to an end. Still, lessee continued
using the property with lessors consent. In this case, it is understood that lessor
and lessee have impliedly renewed the lease a) from month to month under the same conditions as to the rest.
b) under the same terms and conditions as before.
c) under the same terms except the rent which the parties or the court must fix.
d) for only a year, with the rent raised by 10% pursuant to the rental control law.
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100. S sells to B the mangoes to be harvested by him from his mango
plantation which are now bearing fruits. The sale is:
a) Void, because the sale involves a future thing.
b) Valid, because the sale involves a thing having a potential existence certain
as to itself but uncertain as to quality or quantity.
c) Void, because the sale involves a thing which is uncertain as to quality and
quantity.
d) Valid, because there is hope that the mangoes may be harvested in the
future.
101. S agrees to sell to B a parcel of land for Php100,000. B is given up to
30 days within which to raise the necessary funds. B paid nothing for the
privilege of making up his mind. Before the lapse of the 30-day period, S backs
out of the agreement. B now sues S to compel him to sell. In this suit, S is most
likely to prevail because:
a) His promise is not binding since there was no consideration distinct from the
price.
b) He is bound by the mutuality rule under the law on contracts.
c) Contracts are obligatory in whatever form they may have been entered into.
d) The contract is unenforceable under the Statue of Frauds.

102. S sold to B a car for Php300,000 and B immediately took possession
thereof in good faith without knowing that S likewise, on the same day, sold the
same car to C for the same amount of Php300,000. C effected registration of the
car in his name in good faith ahead of B who has now possession of the vehicle.
Who between the two buyers own the car?
a) C is the owner because of his prior registration in good faith of the car.
b) C is the owner because the sale between S and B is binding on them only.
c) B is the owner because of his prior possession of the car in good faith.
d) B is the owner under the maxim priority in time is priority in right.
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103. A sold a parcel of land with a Torrens Title to B on January 5. A week
later, A sold the same land to C. Neither sale was registered. As soon as B learned
of the sale in favor of C, he (B) registered an adverse claim stating that he was
making the claim because the second sale was in fraud of his rights as first
buyer. C later registered the sale. Who is now the owner of the land?
a) Although he was the second buyer, C is now the owner of the land. This is so
not because of the registration of the sale itself but because of the automatic
registration in his favor caused by Bs knowledge of the second sale, actual
knowledge being equivalent to notification.
b) Being the first buyer and in good faith at that, B is now the owner of the car
because the registration of his adverse claim amounts to a registration of the
sale made to him.
c) Although C registered the sale in good faith, he did it belatedly. Accordingly,

such belated registration amounts to a registration of the sale made in Bs
favor, knowledge of the first sale being equivalent to notification.
d) Neither B nor C owns the land because both acted in bad faith. The property
reverts back to S.
104. An action instituted by the vendee against the vendor to avoid a sale
on account of some vice or defect in the thing sold which renders it unfit for the
use intended or which will diminish its fitness for such use to such an extent that,
had the vendee been aware thereof, he would not have acquired it, is known as:
a) Accion quanti minoris.
b) Accion directa.
c) Accion redhibitoria.
d) Accion pauliana.
105. Which of the following may the right of usufruct be alienated?
a) Purely personal usufructs.
b) Legal usufructs.
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MCQ in Civil Law 32

c) Voluntary usufructs.
d) Compulsory usufructs.
106. B leased to C a commercial building for five years. Their lease
agreement contains a stipulation that the lease is subject to an option to renew.
When the lease expired, B immediately instituted an action to eject C from the
leased premises. C defends that he is entitled to a renewal in view of the
provision in their contract of lease providing for automatic renewal. Is C entitled
to an extension of his lease contract?
a) Yes, because a court has the potestative authority to set a longer period of
lease.
b) No, because there is no longer any lease that could be extended.
c) Yes, because the lease is subject to an option to renew.
d) No, because the option to renew is unenforceable.

A, B and C are general partners in a trading firm. Having contributed equal
amounts to the capital, they agreed on equal distribution of whatever net profit is
realized per fiscal period. After four years of operation, C conveyed his whole
interest in the partnership to D without the knowledge and consent of A and B.
107. Is the partnership dissolved?
a) Yes. If a partner conveys his interest in the partnership, the partnership is
thereby dissolved because of the personal nature of a partnership contract.
b) No. Whether there is an agreement between or among the partners, the
conveyance by a partner of his or her share will not dissolve the partnership.
c) No. The conveyance by a partner of his or her whole interest in the
partnership does not itself dissolve the partnership in the absence of an
agreement.
d) It depends on the nature of the partnership business.
108. What are the rights of D should he desire to participate in the
management of the partnership and in the distribution of the net profit of
Php450,000 which was earned by the partnership business after his purchase of
Cs interest?
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a) D cannot interfere nor participate in the management or administration of the
partnership business affairs. He may, however, receive the net profits to which
C would have otherwise been entitled.
b) D can participate in the management or administration of the partnership
business affairs, and can receive the net profits to which C would have
otherwise been entitled.
c) D can neither participate in the management or administration of the
partnership business affairs nor receive the net profits to which C would have
otherwise been entitled.
d) D can participate in the management or administration of the partnership
business affairs and receive the net profits to which C would have otherwise
been entitled provided the other partners agree.
109. A, B and C are partners in a construction firm. While operating a
bulldozer in the ordinary course of the partnership business, A caused damage
to the cars of his partner C and their client, D. Is the partnership liable for the
losses suffered by C and D?
a) Yes, the partnership is liable. Where, by any wrongful act or omission of any
partner acting in the ordinary course of the business of the partnership, loss
or injury is caused to any person, the partnership is liable therefor to the same
extent as the partner so acting.
b) Only the negligent partner, A, is liable for the losses suffered by C and D on
the theory that the partnership is not liable for the negligence of its partners.
c) Yes, the partnership is liable for the losses suffered by D, but not to the
damage suffered by C. Where, by any wrongful act or omission of any partner
acting in the ordinary course of the business of the partnership, or with the
authority of his co-partners, loss or injury is caused to any person, not being a
partner in the partnership, or any penalty is incurred, the partnership is liable
therefor to the same extent as the partner so acting or omitting to act.
d) No, only A is liable for the damage suffered by D, not to the damage suffered
by C.
110. Atty. Gandeza goes to Naga City for a 3-day bar review lecture in Civil
Law. Because Atty. Gandeza does not understand a single Bicolano word, he
brings with him his neighbor, Jojo, a Bicolano, to serve as his interpreter. If Jojo
is to be compensated, for his services, it is because of:
a) do ut des.
b) do ut facias.
c) facio ut des.
d) facio ut facias.
111. Abe and Lorna, both 14 years old, eloped. A daughter, Nicole, was born
to them when they were already 16 years old. When they reached the age of 19,
they contracted marriage with the consent of their parents. Is Nicole legitimated
by the marriage of her parents?
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a. Yes, because she was conceived at the time when age was the only
disqualification of her parents to marry each other.
b. No, because her parents were incapable of marriage at the time of her
conception.
c. Yes, because age is not regarded as an impediment to marry; it is only
determinative of ones capacity to marry.
d. Yes, if her parents acknowledged her.
112. Maria, a former Filipina who is now a naturalized American citizen, and
Gary, her American husband, filed a petition for adoption of her three-year old
nephew, Santi, one of the eight children of her destitute sister in Tondo. She had
been regularly sending support to the child since birth, and being childless, she
and her husband have come to love him as their own son. They are both wellemployed in the United States. Should the petition be granted?
a. Yes. Although both are aliens, they are qualified to adopt Santi because the
latter is Marias relative within the 4th civil degree of consanguinity.
b. No, if they have not resided in the Philippines for at least three years
immediately preceding the filing of the petition for adoption.
c. Yes. The residency requirement is waived inasmuch as Santi is a relative of
Maria within the 4th l degree of consanguinity.
d. No. While Maria Tess is qualified to adopt, Gary is not. Maria alone cannot file
the petition because of the rule requiring joint adoption by the spouses.
113. H died intestate survived by his wife, W, and their two sons, A and B.
During their marriage, the couple acquired a parcel of land whereon they built
their family home. Shortly after Hs death, W and her eldest son, A, formally
advised B of their intention to partition the property and terminate the coownership. B refused on the ground that the property which is a duly constituted
family home cannot be partitioned while a minor beneficiary is still living
therein; namely, his minor son, C, who is the grandson of the deceased, H. Is C
a beneficiary of the family home constituted by his grandparents?
a. Yes. The term descendants under the law contemplates all descendants of
the person or persons who constituted the family home.
b. Yes, if C is actually living in the family home, he continues to be a beneficiary
until he reaches the age of majority.
c. No, because C is not dependent upon his grandmother, W, for support. The
liability for Cs legal support falls primarily on his parents, especially his father,
B.
d. No, unless it is shown that C is actually living in the family home with his
father, B.
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114. Fidel, a Filipino with fair complexion, married Gloria. Before the
marriage, Gloria confessed to Fidel that she was two-month pregnant with the
child of a black African who had left the country for good. When the child was
born, Fidel could not accept it being too black in complexion. What is the status
of the child?
a) Illegitimate, because Gloria confessed that the child is not Fidels.
b) Illegitimate, because by the color of its skin, the child could not possibly be
that of Fidel.
c) Legitimate, because the child was born within a valid marriage.
d) Legitimate, because Fidel agreed to treat the child as his own after Gloria
told him who the father was.
115. Denver borrowed P1 million from a bank, secured by a mortgage on

his land. Without his consent, his friend, Fred, paid the whole loan. Despite
repeated demands, Denver fails to pay Fred. Is Fred entitled to foreclose the
mortgage?
a) No, but the bank can foreclose the mortgage and pay Fred back.
b) No, because Fred paid the bank without Denvers prior approval.
c) Yes, because of the novation with the banks consent.
d) Yes, to prevent Denver being unjustly enriched at Freds expense.
116. Which of the following statements is most correct?
a) A person who disappears with great probability of death is presumed to have

died at the end of four years.
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b) The testator or the person requested by him to write his name and the
instrumental witnesses of the will shall sign each and every page thereof,
including the last, on the left margin.
c) When the testator is blind, the will shall be read to him twice; once by one of
the subscribing witnesses, and again, by the person requested by him to write
his name.
d) Succession is a derivative mode of acquisition of ownership.
117. Abe entered into a written contract with Rey for the construction of a
chapel beside his house for P700,000. Rey was to begin work by October 1. On
October 10 Rey had not yet appeared to start the job. Abe telephoned Rey, who
told him, Ive got a big job given to me by DPWH thats going to pay me a lot
more money than than that marginal project of yours, so Im not going to work on
it anymore. Over a period of several months, Abe made many calls to other
contractors, but none of them would agree to do the job for the price agreed upon
by Rey. On November 10 the following year, Abe filed suit for specific
performance against Rey.
Which of the following represents Reys best argument in his defense

against Abes suit?
a) Specific performance is an equitable remedy, and because Abe waited for

over a year to sue, the equitable defense of laches will apply.
b) Specific performance is inappropriate, because a contract for personal

services is involved.
c) Specific performance is not an appropriate remedy if nominal legal damages

are available to Abe.
d) Specific performance is inappropriate, because Reys failure to obtain another

contractor for the job is an indication that P700,000 was an unfair price.
118. Maria caught her husband in sexual relations with their maid. Delirious
with rage, she immediately filed suit for legal separation without having exerted
earnest efforts to come to a compromise with her husband. The judge dismissed
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the suit outright on the ground that it was filed without the wife complying with a
condition precedent. Is the dismissal proper?
a) No, because efforts at a compromise will only deepen the wifes anguish.
b) No, because an action for legal separation like validity of marriage is not
subject to compromise agreement.
c) Yes, to avoid a family feud that is hurtful to everyone.
d) Yes, because the dispute could have been settled with the parties agreeing to
legal separation.
119. Which of the following statements INACCURATELY describes the
curtain rule under the Torrens system of land registration?
a) One need not go behind a certificate of title because it contains all the
information about the title of its holder.
b) The principle dispenses with the need of proving ownership by long
complicated documents kept by the registered owner, which may be
necessary under a private conveyancing system, and assures that all the
necessary information regarding ownership is on the certificate of title.
c) The avowed objective of the Torrens system is to obviate possible conflicts of
title by giving the public the right to rely upon the face of the Torrens
certificate and, as a rule, to dispense with the necessity of inquiring further.
d) The right to recover property registered under the Torrens system of land
registration is imprescriptible.
120. Is a motion for intervention proper in a land registration case?
a) No. Unlike in ordinary civil actions where parties may include a plaintiff, a
defendant, third-party complainants, cross-claimants, and intervenors, the
only parties in cases of original applications for land registration are the
applicant and the oppositor.
b) No. The appropriate remedy of a party who is to be affected by a land
registration case is to file an answer to the petition.
c) Yes, because the Rules of court have suppletory application to land
registration proceedings.
d) Yes, if the intervenor has shown legal and equitable title to the property which
is sought to be registered.
121. The quantum of evidence necessary to overcome the presumption
under the Regalian Doctrine that all lands belong to the public domain is:
a) Preponderance of evidence.
b) Substantial evidence.
c) Proof beyond reasonable doubt.
d) Incontrovertible evidence.
122. X went to Baguio with his family without leaving somebody to look
after his house in Manila. While in Baguio, a big fire broke out near the house of
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X. Through the efforts of Y, the house of X was saved from being burned. Y,
however, incurred expenses. X is liable to pay Y on the basis of:
a) implied contract.
b) natural obligation.
c) moral obligation.
d) quasi-contract.
123. A brought his car to a repair shop for repairs. The shop undertook to
return the motorcycle by February 1. When the date arrived, the repair shop
informed A that the job was not yet finished, and for him to return five days later.
On February 6, A went to the shop to claim his car only to be informed that
the same was stolen by a thief who entered the shop the night before. A filed an
action for damages against the shop which put up the defense of force majeure.
Will the action prosper?
a) Yes. The repair shop was already in default when it failed to return the car
when delivery was demanded by A on the date the obligation to deliver
arose.
b) Yes. The time within which the repair shop was to return the vehicle was one
of the essence. Therefore, it is liable even for a fortuitous event as in this
case.
c) No. When A agreed to return five days later, he agreed to the novation of the
obligation. Therefore, the obligation of the shop to return the vehicle after
days is extinguished by the happening of the fortuitous event within that
period.
d) No, because a person is not liable for those events which could not be
foreseen, or, if though foreseen, were inevitable.
124. May the Register of Deeds refuse to register a contract of sale on the
basis that the sale is void?
a) Yes, because the Register of deeds is clothed with quasi-judicial functions
regarding registration of documents in his office.
b) No, because the function of the Register of Deeds with reference to the
registration of documents is ministerial in nature.
c) Yes, if the document is void on its face.
d) No, unless restrained or enjoined by a court of competent jurisdiction.
125. If the Register of Deeds denies registration of an instrument, the
aggrieved party must resort to the remedy of:
a) Consulta with the Land Registration Authority.
b) Mandamus.
c) Mandatory Injunction
d) Declaratory Relief.
126. What is the operative act that terminates the subsequent marriage
referred to in Article 41 of the Family Code?
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MCQ in Civil Law 39

a) Execution of an affidavit of reappreance of the absent spouse executed by
the absent spouse himself.
b) Recording of the affidavit of reappearance of the absent spouse at the
instance of the absent spouse himself.
c) Execution of an affidavit of reappreance of the absent spouse by any
interested person.
d) Recording of the affidavit of reappearance of the absent spouse by any
interested person.
127. Which of the following can be assailed collaterally?
a) Voidable marriage.
b) Void marriage.
c) Legitimacy of a child.
d) Torrens title.
128. Pedro was convicted by final judgment of a crime. Pedros wife later
files an action for legal separation against him. Which of the following facts
would most likely have an impact on the legal separation case?
a) Pedro was convicted of a crime involving moral turpitude.
b) Pedro was sentenced to imprisonment for more than six years.
c) Pedro was sentenced to suffer the accessory penalty of civil interdiction.
d) Pedro is a rescidivist.
129. What would be Pedros strongest defense in the case?
a) He was already pardoned by the President.
b) He had already served his sentence.
c) His wife continued to cohabit with him after his conviction.
d) He revealed his conviction to his wife.
130. A will has been admitted to probate during the testators lifetime. May
the will still be revoked by the testator?
a) No. The approval of the will renders it a final disposition of the testators
estate.
b) No. The probate of a will is a waiver of testators right to revoke it.
c) Yes, provided the testator reserves his right to revoke it later.
d) Yes, because of the ambulatory character of the making of a will.
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131. What is the effect of the resolution or ruling of the Administrator of the
Land Registration Authority in cases elevated to his office in consulta?
a) The resolution or ruling of the LRA Administrator in consulta shall be
conclusive and binding upon all Register of Deeds.
b) The Register of Deeds may appeal the ruling to the Court of Appeals.
c) The Register of Deeds must first seek a reconsideration of the ruling before
elevating it to the Court of Appeals via petition for review within 15 days from
receipt thereof.
d) The resolution or ruling shall be conclusive and binding upon all Register of
Deeds only when so stated by the ruling itself.
132. Abe constituted a 10-year usufruct on his land, including the building
erected thereon, in Reys favor. Five years later, flood totally destroyed the
building. Shortly thereafter, Abe demanded that Rey vacate the land on the
allegation that the usufruct has been extinguished by the total destruction of the
building. Is Abe correct?
a) No, because the building was destroyed through no fault of Rey.
b) No, because Rey still has the right to use the land and the materials left on it
until the end of the 10-year period.
c) Yes, because Rey cannot use the land in usufruct without the building.
d) Yes, because the destruction of the building without Abes fault terminated the
usufruct.
133. Florante coerced Laura into marrying him. Laura wanted to question
the marriage two years after the intimidation ceased, but she decided to freely
cohabit with Florante for the sake of their infant son. After more than five years
following their marriage, Laura decided to file an action to annul her marriage to
Florante on the ground of vitiated consent. Will the action prosper?
a) Yes, because an action for annulment is imprescriptible.
b) No, because the marriage being merely voidable, Laura ratified it by freely
cohabiting with Florante after the force and intimidation had ceased .
c) No, because the action prescribed five years from the celebration of the
marriage. Laura should have filed the action within that period.
d) Yes, because the marriage was celebrated without Laura's consent freely
given. That Laura freely cohabited with Florante did not cure the defect.
134. Romeo and Juliet are engaged to be married. After announcing their
engagement, they executed a notarized document agreeing to be bound by the
economic regime of conjugal partnership of gains to govern them during their
marriage. In the same notarized document, Romeo admitted paternity of Juliets
daughter. A few weeks before the wedding, Juliet died unexpectedly. Does the
notarized document have any legal significance?
a) None, because the instrument is void by the non-celebration of the marriage. .
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MCQ in Civil Law 41

b) Yes, insofar as Romeo admitted paternity of Juliets daughter is concerned.
c) None, because the document contained a matter unrelated to the planned
marriage.
d) Yes, if Romeo and Juliet acquired properties while living together as husband
and wife.
135. Aragorn, Frodo and Gimli are brothers. Because of a business deal
gone sour, Aragorn and Frodo sued Gimli and Boromir, Gimlis business partner,
for sum of money. The complaint failed to allege that Aragorn and Frodo exerted
earnest efforts to come to a compromise with the defendants and that such
efforts failed. The judge forthwith dismissed the complaint for failure to comply
with a condition precedent. Is the dismissal proper?
a) No, because the suit is not purely between members of the same family.
b) Yes, because courts are mandated under the law to promote amicable
settlement in suits involving members of the same family.
c) Yes, because members of the same family, as parties to the suit, are required
to exert earnest efforts to settle their disputes before coming to court.
d) No, the family council, which would ordinarily mediate the dispute, has been
eliminated under the Family Code.
136. Because of Xs gross negligence, Y suffered injuries resulting in the
abortion of the foetus she was carrying. Y sued X for, among other damages, P1
million for the death of a family member. Is Y entitled to indemnity for the death of
the foetus?
a) Yes, because the foetus is already regarded as a child from conception,
though unborn.
b)
No, because X would not have known that the accident would result in Ys
abortion.
c) No, since birth determines personality, the accident did not result in the death
of a person.
d) Yes, since the mother believed in her heart that she lost a child.
137. In which of the following fact situations is a writ of possession not an
available remedy to the successful registrant?
a) Persons who were defeated in the case.
b) Persons who answered and appeared.
c) Persons who unlawfully occupied the land during the proceedings up to the
issuance of the final decree.
d) Persons who unlawfully occupied the land after the final decree of registration
has been issued.
138. A contracted B to sew 20,000 pieces of assorted maong pants. A
obliged himself to pay B, for his services, the total amount of P200,000, and for B
to deliver the finished products within two months. As agreed upon, B sewed the
pants and delivered them to A who promised payment in a weeks time. A failed to
41
MCQ in Civil Law 42

pay despite demands so B instituted an action for collection of the amount due.
After due proceedings, the court directed A to pay B the sum of P200,000
with interest thereon at 12% per annum, to be counted from the filing of the
complaint until the amount is fully paid. Is the court correct?
a) Yes. The amount due in this case arose from a forbearance of money; hence,
the imposition of legal interest of 12% per annum was proper.
b) No. The amount due in this case arose from a contract for a piece of work,
not from a loan or forbearance of money, hence, the legal interest of 6% per
annum should be applied.
c) Yes, but the legal interest of 12% should be computed from date of the
contract, not from the filing of the complaint.
d) No, because the legal interest should be 6% only.
139. If the successful registrant fails to apply for a writ of possession
within five years from issuance of the decree of registration, the writ of
possession may issue only if the judgment is revived within ten years by an
action. Is this statement accurate?
a) Yes. The provision in the Rules of Court that judgment may be enforced within
five years by motion, and after five years but within ten years by an action,
refers to all kinds of actions, including land registration proceedings.
b) No. The provision in the Rules of Court that judgment may be enforced within
five years by motion, and after five years but within ten years by an action,
refers to civil actions and is not applicable to land registration proceedings.
c) Yes, because it is the statutory right of the successful registrant to the avails
of the land registration suit. .
d) No, because a land registration case requires immediate execution of
judgment.
The credit belongs to the man who is actually in the arena, whose face
is marred by dust and sweat and blood; who strives valiantly; who errs, who
comes short again and again, because there is no effort without error and
shortcoming; but who does actually strive to do the deeds; who knows great
enthusiasms, the great devotions; who spends himself in a worthy cause; who at
the best knows in the end the triumph of high achievement, and who at the worst,
if he fails, at least fails while daring greatly, so that his place shall never be with
those cold and timid souls who neither know victory nor defeat.
THEODORE ROOSEVELT
42

Practice Questions in Civil Law

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Practice Questions in Civil Law

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MCQ IN CIVIL LAW

ATTY. RONEY JONE P. GANDEZA

1. Abe is a security guard at SM City Baguio. He is dating Tessie, who is

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proper parties who can initiate the complaints for bigamy.

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16. Which of the following states a correct legal principle?

A and B in proportion to their respective land areas.

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b) D is liable to pay PhP100,000, plus cost and interest.

c) D is not liable to pay A anything because they have no privity of contract.

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e) substitute parental authority.

b) Certificates of title are proof of ownership of real property. The mere

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d) Torrens titles are indefeasible. Consequently, B became the owner of the

The sale is valid. If a parcel of land is invalidly transferred to an alien who

d) The sale is void because it is contrary to public policy.

27. D borrowed Php1 million from a bank, secured by a mortgage on his

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d) X is liable to pay PhP100,000 to Z because the obligation is merely a joint

b) Yes, because in facultative obligations, the right of choice always belongs to

c) No, because in alternative obligations, the right of choice always belongs to

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c) Neither C nor D, because of the conflicting and incompatible transactions

b) Judgment for A because he has no privity of agency contract with P, their

b) No, because the sale is unenforceable.

d) Yes, because P is estopped from denying As authority.

33. S offers to B in a letter the sale of a parcel of land. B sends a reply.

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a. A dies prior to Bs acceptance, and at the time B accepts, he is unaware of As

The night before B accepts, fire destroys the car.

A dies an hour before receiving Bs acceptance.

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the age of 60 years, the older is presumed to have

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The contract is unenforceable because it involves a transaction the

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Yes, if D became a co-owner with the consent of the other co-owners.

69. If a co-owner seeks to exercise his right of legal redemption, within

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Heirs are always called to succeed by particular title.

Succession is a derivative mode of acquisition of property.

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b. Yes, provided it is with the consent of her husband.

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May B enforce against S the warranty against

a) Yes. While it appears that B is evicted by virtue of a right subsequent to the