SAN BEDA COLLEGE OF LAW: CIVIL LAW REVIEW 1 1

SET 2: LONG QUIZ: ALL TOPICS

1) Laws shall take effect fifteen days following the completion of their publication in the
Official Gazette or a newspaper of general circulation, unless it is otherwise provided.

FALSE. “Laws shall take effect AFTER fifteen days…”

2) A tax law is generally retroactive in application.

FALSE. (A tax law is generally PROSPECTIVE in application unless otherwise

provided.)

3) When the laws speaks of years, it shall be understood that years are of three
hundred sixty-five days each.

TRUE. (Art. 13 or the New Civil Code)

4) We adhere to the rule of mobilia sequuntur personam in the Philippines.

FALSE. (As provided by Art. 16 of the New Civil Code, the Philippines adheres to
Lex Rei Sitae or law of the place where the property is situated)

5) Article 16 of the Civil Code defines the renvoi doctrine

FALSE. Article 15 of the Civil Code defines the renvoi doctrine.

6) In no case may a person without fault or negligence be liable for indemnity resulting
from the damage of another’s property.

FALSE. (Art. 23 of the New Civil Code, “Even when act or event causing damage
to another’s property was not due to the fault of negligence of the defendant, the
latter shall be liable for indemnity if through an act or event he was benefited.”)

7) An insane person is exempt from all obligations because of his incapacity.

FALSE. May be liable for obligations if proven to have been committed during a
lucid interval, from his own acts or from property relations, such as easements
(Art. 38 of the New Civil Code)

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
8) A married woman is qualified for all act of civil life without exception.

FALSE. (Art 39, par. 2 of the New Civil Code, must be at least 21 years of age or
over.)

9) The Judicial declaration of absence shall not take effect until a year after its
publication in a newspaper of general circulation.

FALSE. The Judicial declaration of absence shall not take effect until six (6)
months after its publication in a newspaper of general circulation. (Rule 107, Sec.
6)

10) The administration over the property of an absentee may not cease at the instance
of a third party claiming ownership of said property.

FALSE. Ceases when a third person appears, showing by a proper document that
he has acquired the absentee’s propery by purchase or other title.
(Hindi ako sure dito kasi sabi sa Rule 107, sec. 8 kailangan pa ng court order eh. Pa
check na lang)

11) In case of a marriage in articulo mortis, the party at the point of death may sign the
marriage certificate.

TRUE. (Check Art. 6, par. 2 Family Code, sabi doon “when the party at the point of
death is unable to sign the marriage certificate…” So maiinfer na pwde niya isign
if kaya!)

12) A marriage to be solemnized by Pope Francis in the Philippines is valid.

TRUE. (Family Code does not expressly prohibit this but hindi ako sure)

13) The marriage shall only be solemnized publicly in the chambers of the judge or in
open court, in the Church, chapel, temple, or in the office of the consul general, consul
or vice-consul, as the case may be.

FALSE. 1) Marriage in articulo mortis; 2) Marriage in remote places; or 3) Marriage

at a house or place designated by the parties in a sworn statement to that effect,
with the written request of both parties to the solemnizing officer.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
 SAN BEDA COLLEGE OF LAW: CIVIL LAW REVIEW 1 3

14) Contracting parties between the age of twenty-one and twenty-five shall be obliged
to ask their parents or guardians for advice upon the intended marriage.

TRUE. (Art. 15 of the Family Code)

15) The marriage license shall be valid in any part of the Philippines or inside the
premises of the Philippines consular office abroad.

TRUE. (Art. 10 & 20 of the Family Code)

16) Heirs may not file a petition for declaration of nullity of marriage after the death of
the decedent.

TRUE. (Solely husband or wife may file such peitition. Only bring up the issue of
validity of marriage in a proceeding for the settlement of the estate of the
deceased spouse)

17) Philippine courts may take judicial notice of divorce laws of a foreign country if none
of the parties would claim otherwise.

FALSE. (Divorce is not recognized in the Philippines except when one who
procured it is an Alien whose country allows divorce)

18) Article 26 (2) of the Family Code will not apply if the divorce decree was acquired
before the Filipino petitioner was naturalized as an American citizen after a fight with the
Filipino spouse.

TRUE. (Case of Republic vs. Orbecido III, states that “Art. 26(2) applies where
parties were Filipinos at the time of marriage was celebrated, and later on, one of
them becomes a naturalized as a foreign citizen and obtains a divorce decree: the
reckoning point is their citizenship at the time the valid divorce is obtained
abroad by the alien sps capacitating the latter to remarry.)

19) Marriage between ilocanos may be performed validly without the necessity of a
marriage license.

FALSE. (Being Ilocanos does not exempt them, under the Family Code, from
procuring a marriage license in order to be validly married. Not considered as an
ethnic cultural community or a remote place.)

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
20) The absolute nullity of a previous marriage may not be invoked for purposes of
remarriage without a final judgment declaring such previous marriage void.

TRUE. (Art. 40 of the Family Code)

21) Concealment of Hepatitis B, regardless of its nature, existing at the time of the
marriage is a valid ground for annulment of marriage.

FALSE. (Limited only to concealment of the fact of pregnancy during the time of
marriage, concealment of STD, concealment of drug addiction, habitual
alcoholism, or homosexuality or lesbianism, No other misrepresentation or deceit
as to… health… shall constitute fraud as will give grounds for action for
annulment of marriage [Art. 46 of the Family Code])

22) The action for annulment of marriage may be filed by the parent or guardian of the
party whose consent was obtained through fraud.

FALSE. (Art. 45 of the family code, filed by the Injured Party)

23) Children conceived or born before the judgment of annulment or absolute nullity of
marriage has become final and executor shall be considered legitimate.

TRUE. (Art. 54 of the Family Code)

24) Drug addiction or habitual alcoholism of the petitioner is a valid ground for legal
separation.

FALSE. (Art. 55 of the Family Code, must be “Drug addiction or habitual

alcoholism of the respondent…”)

25) Psychological Incapacity of the Petitioner is a valid ground for declaration of nullity
of marriage.

FALSE. (Must be the Psychological incapacity of the Respondent that must be

proven by plaintiff. But in case of failure to comply with essential marital
obligations, it is possible that both plaintiff and respondent may be at fault.)

26. A lesbian may not petition for legal separation from her gay husband. TRUE
27. After legal separation the custody of the minor children shall be awarded to the
innocent spouse in all cases.

FALSE.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
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Art. 63. The decree of legal separation shall have the following effects:
xxx

(3) The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code;

Art. 213. In case of separation of the parents, parental authority shall be exercised
by the parent designated by the Court. The Court shall take into account all
relevant considerations, especially the choice of the child over seven years of
age, unless the parent chosen is unfit.

28. The offending spouse in an action for annulment shall be disqualified from inheriting
from the innocent spouse by intestate and testate succession.

TRUE

29. If the spouses are governed by a regime of conjugal partnership, they can donate to
each other one-sixth of their present property.

FALSE. Art 125. Neither spouse may donate any conjugal partnership property
without the consent of the other. However, either spouse may, without the
consent of the other, make moderate donations from the conjugal partnership
property for charity or on occasions of family rejoicing or family distress.

30. All taxes, liens, charges and expenses, including minor repairs only upon the
community property shall be charged against the absolute community.

FALSE.

Art. 94. The absolute community of property shall be liable for:

xxx

(4) All taxes, liens, charges and expenses, including major or minor repairs,
upon the community property;

31. The administration of all classes of exclusive property of a deceased spouse may be
transferred by the court to the other spouse.

FALSE.

Art. 142. The administration of all classes of exclusive property of either spouse
may be transferred by the court to the other spouse:

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
 (1) When one spouse becomes the guardian of the other;
(2) When one spouse is judicially declared an absentee; 

(3) When one spouse is sentenced to a penalty which carries with it civil
interdiction; or 

(4) When one spouse becomes a fugitive from justice or is in hiding as an
accused in a criminal case.

If the other spouse is not qualified by reason of incompetence, conflict of

interest, or any other just cause, the court shall appoint a suitable person to be
the administrator.

32. A void marriage under article 40 of the family Code shall be governed by the regime
of absolute community in the absence of a contrary stipulation.

TRUE

33. A void marriage under article 36 of the family code shall be governed by the article
148 of the same Code.

FALSE. Art 148 is only applicable to parties that do not have the capacity to marry
due to some legal impediment ie adulterous relationships and marriages which
are bigamous, incestuous or void by reason of public policy.

34. The guardian may not adopt his ward after the approval of the final accounts
rendered upon the termination of their guardian relation.

FALSE

Sec. 7 (c) Guardian may adopt

(a) After termination of the guardianship, with respect to the ward; and
(b) clearance of his/her financial accountabilities.

35. Whenever the descendant and ascendant are obliged to give support, the liability
shall devolve first upon the latter.

FALSE

Order of liability if several persons are obliged to give support (SDAB)

a. spouse
b. descendants in the nearest degree
c. ascendants in the nearest degreee and
d. brothers and sisters
BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,
MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
 SAN BEDA COLLEGE OF LAW: CIVIL LAW REVIEW 1 7

36. The judgment fixing the amount of support shall not be modified upon finally.

FALSE. Art 201. The amount of support, in the cases referred to in Articles 195
and 196, shall be in proportion to the resources or means of the giver and to the
necessities of the recipient.

37. In no case may support be levied on execution.

FALSE. Art. 208. In case of contractual support or that given by will, the excess in
amount beyond that required for legal support shall be subject to levy on
attachment or execution.

38. The father and mother who are not living together shall jointly exercise parental
authority over the persons of their unrecognized common children.

FALSE. Art. 213. In case of separation of the parents, parental authority shall be
exercised by the parent designated by the Court. The Court shall take into
account all relevant considerations, especially the choice of the child over seven
years of age, unless the parent chosen is unfit.

39. In case of death of the mother of an unrecognized illegitimate child, substitute

parental authority shall be exercise by the maternal grandparents to the exclusion of a
petitioner who claims to be the biological father.

FALSE. Art. 212. In case of absence or death of either parent, the present parent
shall continue exercising parental authority. The remarriage of the surviving
parent shall not affect the parental authority over the children, unless the court
appoints another person to be the guardian of the person or property of the
children.

Art. 214. In case of death, absence or unsuitability of the parents, substitute

parental authority shall be exercised by the surviving grandparent. In case
several survive, the one designated by the court, taking into account the same
consideration mentioned in the preceding article, shall exercise the authority.
(Santos v CA) The father is still preferred over the grandparents.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
40. No descendant shall be compelled to testify against his parents and grandparents in
any case, except when such testimony is indispensable in a crime against the
descendant or by one parent against the other.

FALSE. Only in criminal case not in any case.

41. The adoption of a foundling may be done administratively by a petition filed with the
DSWD.

FALSE. Adoption is a judicial act. Only adoption made through the court is valid
in this jurisdiction.

42. A minor shot his classmate inside the school campus on a Sunday during the
summer break. The school is principally and solidarily liable for the damages while the
parents shall be subsidiarily liable.

TRUE

43. Parents may impose corporal punishment upon their children.

FALSE. Art. 231. The court in an action filed for the purpose or in a related case
may also suspend parental authority if the parent or the person exercising the
same:

(1) Treats the child with excessive harshness or cruelty.

xxx

not sure 44. In case of denial of a petition for legal separation, the petitioner may appeal
even without first filling a motion for reconsideration.

FALSE. Exhaustion of remedies

45. Property of public dominion, when no longer intended for public use or for public
service, shall form part of the patrimonial property of the State.

TRUE

46. When the ring is more precious than the gem thereon, the gem shall be the principal
and the ring will be the accessory applying the value test.

FALSE. Art. 468. The ring shall be the principal because it is more valuable than
the gem.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
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47. Whenever a large tree threatens to fall in such a way as to cause damage to the
land or tenement of the owner, he shall be obliged to fell and remove it; and should he
not do so, it shall be done at his expense by order of the administrative authorities.

FALSE. Art. 680. Owner of tenement shall have the right to demand that they be
cut off.

49. A co-owner may bring an action in ejectment without the consent of his co-owners.

TRUE

50. Juridical possession acquired and enjoyed in the concept of owner can served as a
title for acquiring dominion.

FALSE. Only real possessory right and dominium can serve as a title for
acquiring dominiom.

51. A possessor in good faith is entitled to the fruits received before the possession is
legally interrupted.

True. Article 544

52. Necessary expenses shall be refunded to every possessor who may retain the thing
until he has been reimbursed therefor-

False. Art. 546, only a possessor in G.F may retain the thing until he has been
reimbursed for necessary expenses.

53. A possessor in bad faith shall be liable for deterioration or loss in every case, except
if cause by fortuitous event.

False. Art. 552, possessor in bad faith shall be liable for deterioration or loss in
any case, even if caused by fortuitous event.

54. Possession of movable property acquired in good faith is equivalent to title of

ownership.

False. This is only the general rule, the exception as provided for in art. 559 states
that if a person has lost a movable or has been unlawfully deprived thereof, he
may recover it from the possessor.
BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,
MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
55. The usufructuary of a mortgaged immovable shall be obliged to pay the debt, for the
security of which the mortgage was constituted.

False. Art 600, the usufructuary of the mortgaged immmovable shall not be
obliged to pay the debt for the security of which the mortgage was constituted.

56. The expenses, costs and liabilities in suits brought with regard to the usufruct shall
be born by the owner of the usufruct.

False. Art 602, said expenses shall be borne by usufructuary, not the owner.

57. Usufruct is extinguished upon the death of the naked owner.

False. Art. 603 states that the death of usufructuary shall extinguish the usufruct.
The enumeration for the ground of extinguishment for usufrcut, does not include
death of the naked owner.

58. Usufruct is extinguished by bad use of the thing in usufruct.

False. Art. 610, usufruct is not extinguished by bad use of the thing, but the
property may be placed under administration if the abuse should cause
considerable injury to the owner.

59. Usufruct constituted in favor of several persons living at the time of the constitution
shall be extinguisehd upon the death of the last survivor.

True. See art. 611

60. T instituted A as first heir and B as fideicomissary subsitute. If B predeceases T, A

can no longer inherit.

True. See Art. 863.

61. If X gave a devise to Y on a condition that the latter shall never alienate the
property, the stipulation is totally void.

False. the stipulation is not totally void, the period by which the thing should not
be alienated shall be reduced, (hindi ko lang maalala kung ano yung period).

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
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62. The reserva is extinguished upon the death of reservista.

False. It is precisely upon the death of the reservista, that the reservation in favor
of the reservetarios takes place. (Art. 891)

63. The reservetarios inherit from the origin.

True. Prior to the death of the ascendant-reservista, the reservetario only has an
expectancy as to the property coming from the origin, which right is perfected
once ascendant reservista dies.

64. The propositus has no obligation to reserve the property for the reservista. –

True. The obligation to reserve the property falls to the ascendant-reservista.

65. The reservor may sell the reserved property. (Sino si reservor?!?)

66. The reservista may devised the reserved property.

True. The reservista acquires ownership of the property, although subject to a

resolutory condition. Therefor he can exercise all attributes of ownership.

67. The reservor has the rights and obligations of the usufructuary over the reserved
property. (Sino si reservor???)

68. Donations given to children shall be charged to their legitime.

True. Art 909

69. If the dominant estate belongs to several persons in common, the use of the
easement by any one of them prevents prescription with respect to the others.. –

True. Art. 633

70. If the right of way is permanent, the necessary repairs shall be made by the owner
of the servient estate.

False- Art. 654, the necessary repairs shall be made by the owner of the dominant
estate in case the right of way is permanent.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
71. A part-owner may, without the consent of the others, open through the party wall
any window or aperture of any kind.

False. Art. 667, No part-owner may, without the consent of the others, open
through the party wall any window or aperture of any kind.

72. Whenever the naked ownership of a tenement or piece of land belongs to one
person and the beneficial ownership to another, a perpetual voluntary easment may be
established with the consent of both owners.

True, Art. 690

73. A man running amuck is a nuisance.

False, Art. 694 on the definition of nuisance pertains only to propertiesm, not to
acts of persons.

74. A swimming pool wit hcolored lights and Disney character floaters may be classified
as an attractive nuisance.

True.

75. Venti is an attractive nuisance.

False. Doctrine of attractive nuisance is limited to maintenace on once premises

of INSTRUMENTALITIES or APPLIANCES of a character likely to attract children
in play. It does not pertain to persons.

76. The ownership of a parcel of titled land may be acquired by occupation –

False. Article 714. The ownership of a piece of land cannot be acquired by

occupation.

77. Illegal or impossible conditions in onerous and remuneratory donations shall be

considered as not imposed –

False. Article 727. Illegal or impossible conditions in simple and remuneratory

donations shall be considered as not imposed.

78. Incapacity to succeed by will shall be applicable in donations inter vivos –

True. Article 740.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
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79. Property acquired after the making of a will shall pass thereby, as if the testator had
possessed it at the time of making the will –

False. Article 793. Property acquired after the making of a will shall only pass
thereby, as if the testator had possessed it at the time of making the will, should it
expressly appear by the will that such was his intention.

80. Every devise or legacy shall cover all the interest which the testator could devise or
bequeath in the property disposed of –

False. Article 794. Every devise or legacy shall cover all the interest which the
testator could devise or bequeath in the property disposed of, unless it clearly
appears from the will that he intended to convey a less interest.

81. The validity of a will as to its form depends upon the observance of the law in force
at the time the succession is opened –

False. Article 795. The validity of a will as to its form depends upon the
observance of the law in force at the time it is made.

82. A married woman may make a will without the consent of her husband –

True. Article 802.

83. A partition inter vivos made by the decedent is valid even without a will –

True. Article 1080.

84. A fideicommissary substitution may burden the legitime if expressly provided by the
testator –

False. Article 864. A fideicommissary substitution can never burden the legitime.

85. If the heir be instituted under a suspensive term, the estate shall be placed under
administration until the arrival of the term –

True. Article 880.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
86. Illegitimate children who may survive with legitimate parents or ascendants of the
deceased shall be entitled to one-fourth of the estate to be taken from the portion at the
free disposal of the testator –

True. Article 896.

87. The burden of proving the falsity of the cause for disinheritance shall rest upon the
disinherited heir –

True. Article 917.

88. A testator may charge with legacies and devises the legatees and devisees –

True. Article 925.

89. The legacy of a thing which at the time of the execution of the will already belonged
to the legatee shall be ineffective, even though another person may have some interest
therein –

True. Article 932.

90. If the thing bequeathed belonged to the legatee at the time of the execution of the
will, the legacy shall be effective if the thing is subsequently alienated to the testator –

False. Article 933. If the thing bequeathed belonged to the legatee at the time of
the execution of the will, the legacy shall be without effect, even though it may
have been subsequently alienated by him.

91. If the testator should bequeath or devise something pledged or mortgaged to secure
a recoverable debt before the execution of the will, the estate is not obliged to pay the
debt, unless the contrary intention appears –

False. Article 934. If the testator should bequeath or devise something pledged or
mortgaged to secure a recoverable debt before the execution of the will, the
estate is obliged to pay the debt, unless the contrary intention appears

92. The legacy of a credit against a third person shall be effective only as regards that
part of the credit existing at the time of the making of the will –

False. Article 935. The legacy of a credit against a third person shall be effective
only as regards that part of the credit existing at the time of the death of the
testator.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
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93. A generic legacy of release or remission of debts comprises those existing at the
time of the execution of the will including subsequent ones if expressly provided by the
testator –

False. Article 937. A generic legacy of release or remission of debts comprises

those existing at the time of the execution of the will, but not subsequent ones.

94. A legacy made to a creditor shall be applied to his credit if the testator expressly
declares –

True. Article 938.

95. In alternative legacies, the choice is presumed to be left to the heir upon whom the
obligation to give the legacy may be imposed –

True. Article 940.

96. A legacy of generic personal property shall be valid only if there be things of the
same kind in the estate –

False. Article 941. A legacy of generic personal property shall be valid even if
there be no things of the same kind in the estate.

97. If the heir cannot make the choice, in case it has been granted him, the right shall
pass to the executor whose choice, once made, shall be irrevocable –

False. Article 943. If the heir cannot make the choice, in case it has been granted
him, the right shall pass to his heirs whose choice, once made, shall be
irrevocable.

98. A legacy for support lasts during the lifetime of the legatee –

True. Article 944, 2nd paragraph.

99. The fruits and interest of the property subject to collation shall pertain to the estate
from the day on which the succession is opened –

True. Article 1075.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)
100. An heir who has alienated the whole of the real property adjudicated to him may
file an action for rescission on the ground of lesion, provided that he can only be
indemnified in cash –

False. Article 1102. An heir who has alienated the whole of the real property
adjudicated to him cannot maintain an action for rescission on the ground of
lesion, but he shall have a right to be indemnified in cash.

BY: ARANETA, BARTOLATA, CASILLA, CRUZ, DULDULAO, GLORIA, JAMORA, MADRID,

MENDOZA, MORENO, MURCIA, ROXAS (4C_2015_PINKY)