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a.

On date of last will and testament


b. On probate of will
Multiple Choice Questions c. On death of testator
d. On date of death of surviving heir
CIVIL REVIEW I
12. What law shall determine the validity of a will?
1. A executed a will consisting of ten pages. At the probate, B, one of his children
interposed an opposition on the ground that one of the pages of the same has not been a. The national law of testator
signed by A and one of the witnesses. Rule on the opposition. b. The law at the time it is made
c. The law at the time of probate of the will
a. The testator and the instrumental witnesses must sign. d. The law at the time of death of the testator
b. The defect is fatal if there is failure to have the original signatures.
c. If there was mere inadvertence of one of the true witnesses or even the 13. A holographic has no date except one found on the first page, is the will valid?
testator, the will must be admitted.
d. The will should not be admitted. a. Yes, because the law does not specify the place where the date should be
placed.
2. A, a minor, executed a last will and testament. He died at the age of 21, after which b. No, because the date should be after the signature of the testator.
his will was submitted to probate. If you were the judge, would you approve it? c. No, because it did not follow the requirements of law.
d. Yes, because the intention of the testator must be respected.
a. Yes, because the will is valid.
b. Yes, because the testator is capacitated. 14. In case a holographic will is lost, can it still be probated?
c. No, because the will is void.
d. No, because the will is not in accordance with law. a. No, because the best and only evidence of the handwriting is the will itself.
b. No, the probate court has no jurisdiction.
3. The attestation clause of X’s will do not contain his signature. At its probate, it is c. No, because the testator is still living.
being opposed on that basis. Is the opposition correct? Choose the best answer. d. Yes, because secondary evidence may be presented.

a. Yes, because it is fatal defect. 15. Disposition captatoria means that the heir shall make provisions in his will:
b. Yes, the will is not valid.
c. No, attestation clause is not an act of the testator. a. In favor of another heir
d. No, attestation clause is not a part of a will. b. In favor of testator or any other person
c. In favor of the state
4. After A has executed a will, he tore it out of anger because B and C were disputing d. In favor of a legatee
the fact that a house and lot at San Lorenzo Village should have been given by A to C
when the will gives it to B. Discuss whether the will was revoked or not. 16. Preterition or omission of one, some, or all the compulsory heirs, or some of
compulsory heirs in the direct line whether living at the time of the execution of the will or
a. The mere act of A is immaterial born after the death of the testator shall:
b. The tearing of the will may amount to revocation
c. The tearing of the will may amount to revocation if coupled with intent of a. Make the will voidable
revoking it. b. Make the will void
d. The act of tearing the will is material. c. Annul the institution of heirs
d. Make the will unenforceable
5. What is the effect if the second heir dies ahead of the first heir in a fideicommisary
substitution? Choose the best answer. 17. After the probate of a will, may a case for forgery be filed against an instituted heir?

a. No, transmission of right from the first heir to the second. a. No, because the probate of the will is an evidence of its due execution and
b. No right of representation authenticity.
c. The right shall be transmitted to the heirs of the second heir. b. No, because the probate of the will is a justifying circumstance.
d. None of the above. c. Yes, because a forgery is a criminal action.
d. Yes, because this is a statutory right.
6. Suppose the reservista is survived by the uncles and aunts and by the nephews and
nieces of the propositus, who shall be entitled to the property reserved? Choose the 18. When an injury or damage is caused to another, there being fault or negligence and
best answer. there is no pre-existing contractual relation between the parties, the source of the
obligation is:
a. The uncles and aunts shall inherit the property
b. The nephews and nieces of the decedent survive and are willing and a. Law
qualified. b. Contracts
c. The uncles and nephews shall inherit together. c. Quasi-contracts
d. The aunts and nieces shall inherit together. d. Quasi-delicts

7. X and Y are married. The marriage was contracted under articulo mortis, and the 19. The bailee has the right to be reimbursed in full for advances he made for
testator died within 3 months from the time of marriage. What is X’s share of his extraordinary expenses of preservation of the subject matter in commodatum.
spouse’s inheritance? Choose the best answer.
a. he gave notice to the bailor before he incurred the expense.
a. The surviving spouse shall inherit the whole hereditary estate. b. if the extraordinary expense arose out of the actual use of the thing.
b. The surviving spouse shall inherit ½ of the estate. c. if the bailee was negligent in the use of the thing borrowed.
c. The surviving spouse shall inherit 1/3 of the estate. d. even if the cause of the expense was the fault of a third person.
d. The surviving spouse shall inherit ¾ of the estate.
20. What are the objectives of Probate proceedings?
8. X and Y are married. They have children A, B, and C. During the lifetime of X, A
renounced his inheritance from his father. Upon X’s death, will the right of accretion a. Probate proceedings seek to establish the identity of the will, its
apply? genuineness and due execution, and the testamentary capacity of the testator.
b. Probate seeks to determine whether the will is formally valid.
a. Yes, A may renounced his inheritance from his father. c. Probate seeks to determine whether the will is intrinsically valid.
b. Yes, the right of accretion applies. d. Both b and c are correct.
c. No, because the renunciation is void. e. Both a and b are correct.
d. No, because the renunciation is not in writing.
21. The borrower in a contract of loan or mutuum must pay interest to the lender.
9. A repudiated his inheritance from his father. Can he be represented by his son, B?
a. if there is an agreement in writing to that effect.
a. Yes, repudiation do not affect right of representation. b. as a matter of course.
b. No, because heirs who repudiate their share may not be represented. c. if the amount borrowed is very large.
c. Yes, because the act of repudiation is contrary to public policy. d. if the lender so demands at the maturity date.
d. None of the above.
22. Disinheritance is the process or act through testamentary disposition of depriving in
10. If a compulsory heir is disinherited, is it limited to his legitime? a will any compulsory heir of his legitime for true and lawful causes. The requisites are:

a. No, it also covers the free portion. a. Must be a valid will with legal, true and existing cause expressly stated.
b. Yes, it is limited only to his legitime. b. Must be total and complete and said cause stated in the will.
c. Disinheritance affect only the free portion but not the legitime c. The disinherited heir must be clearly identified and the will is not revoked.
d. None of the above. d. All of the above.

11. Rights to succession are transmitted: 23. What crimes committed by a convict will disqualify him as an instrumental witness to
a will?
d. a legatee or devisee
a. Falsification of public document.
b. Perjury and false testimony. 35. May the alluvial deposits be lost by prescription in favor of another? Choose the
c. Slander by deed. best answer.
d. a and b
a. No, because there is registration by fiction of law.
24. This party in a reserva troncal is the descendant (brother or sister) whose death b. No, because it is covered by a Torrens title.
gives rise to the reserve and from whom therefore the third degree is counted is known c. Yes, because it is not covered by a Torrens title.
as: d. Yes

a. Origin 36. The northeastern portion of the land of X is bounded by the Manila bay. If there is
b. Propositus accretion formed, who owns the accretion? Choose the best answer.
c. Reservista
d. Reservatorios a. The riparian owner.
b. The accretion belongs to the state.
25. A has a son B and the latter adopted C. B predeceased his father. Can C c. The owner of the contiguous land.
represent B in the inheritance of A? d. Belongs to the land adjoining it.

a. Yes, he is a compulsory heir. 37. Which of the following is not a characteristic of a co-ownership?
b. Yes, he is the legal representative.
c. No, there is no blood relationship between A and C. a. There must be more than one subject or owner.
d. No, he is a voluntary heir. b. There is one physical whole divided into ideal shares.
c. Each share is definite in amount, but is not physically segregated from the
26. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After X’s first.
death and the probate of his will, are the conveyed properties subject to collation for d. The co-ownership has juridical personality.
determination of the heirs’ legitime?
38. The following are modes of extinguishing usufruct except,
a. No, because X is no longer the owner of the conveyed properties.
b. No, because there was no gratuitous conveyance. a. Expiration of the period for which it was constituted.
c. Yes, because the heirs are already the owners of the conveyed properties. b. Merger of the usufruct and ownership in the same person.
d. Yes, they are considered advanced legitime. c. Total loss of the thing.
d. Bad use of the thing in usufruct.
27. Can a criminal convicted of a crime which carries civil interdiction execute his will?
39. X,Y, and Z are co-owners of a real property which was mortgaged to A. X
a. Yes, it is his statutory right. redeemed it during the period of redemption with his personal funds. Did X become the
b. No, it is an accessory penalty. sole owner of the property, thereby terminating the co-ownership?
c. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
d. No, it is inconsistent with public policy. a. Yes, because his redemption vest in him sole ownership.
b. Yes, because the funds belong to him alone.
28. Spouses M and N executed two (2) separate wills containing the same provisions. c. No, because the redemption inured to the benefit of all co-owners.
After their death, their compulsory heirs filed a petition for joint probate of their wills. d. No, because Y and Z did not consent to the redemption.
One of the voluntary heirs objected because joint probate is invalid. Is the objection
tenable? 40. The following are the classes of possession except.

a. Yes, joint wills are not allowed in the Civil Code. a. Possession in one’s name or possession in the name of another.
b. Yes, because the wills have different voluntary heirs. b. Possession in the concept of an owner or possession in the concept of a
c. No, because M and N are spouses. holder.
d. No, because practicable considerations dictate the joint probate of the wills. c. Possession in good faith or bad faith.
d. Possession with just title.
29. X was disinherited by his father Y. In the probate of Y’s will, can the children of X
represent their disinherited father? 41. The following are the requisites of the easement of right of way, except.

a. No, the disinheritance affects the heirs of the disinherited person. a. The property is surrounded by other estate.
b. Yes, representation is allowed in case of disinheritance. b. There must be no adequate outlet to a public highway.
c. Yes, substitution of the disinherited person is allowed. c. There must be indemnity.
d. No. Representation is not allowed by law. d. That if there is outlet, it is not convenient to the dominant estate.

30. State the share in the estate of the testator of illegitimate children who survive with 42. The following are disqualified to donate to each other, except.
the surviving spouse.
a. Those guilty of adultery or concubinage at the time of the donation.
a. 1/3 b. Those found guilty of the same criminal offense in consideration thereof.
b. ¼ c. Those made to public officers or their spouses, descendants, or ascendants,
c. 1/8 by reason of their office.
d. ½ d. Those obliged to support one another.

31. A complaint of forgery was filed against instituted heir after the allowance of probate 43. The following are the remedies against private nuisance, except.
of the testator’s will. Will this action prosper?
a. A civil action
a. No, the probate of the will is an evidence of the due execution of the will. b. A prosecution under the penal code or any local ordinance.
b. No, the probate is a justifying circumstance. c. Abatement without judicial proceedings.
c. Yes, forgery is a criminal action. d. None of the above.
d. Yes, this is a statutory right.
44. The nature of action in Quieting of Title is in personam.
32. In reserve troncal the relatives within third degree coming from the same line inherit
from: a. No, it is always a real action since the subject is real property.
b. No, because the decision is enforceable against the whole world.
a. Descendant propositus c. Yes, provided the subject is personal property.
b. Reservista d. Yes, because the decision is enforceable only against the defeated party.
c. Origin e. None of the above.
d. Testator
45. Minerals are still owned by the state even if discovered from a private land.
33. The renunciation or repudiation of inheritance shall take effect:
a. Yes, provided the land is not titled.
a. Date of repudiation or renunciation b. Yes, because the constitution so provides.
b. Date of will c. No, if the land is titled to a private person.
c. Date of allowance of will d. No, it will violate property and property rights.
d. Date of death of testator e. None of the above.

34. Disposition Captatoria is void because the heir makes a disposition in his will in 46. The owner and the tenant are in both possession of the land subject of the lease
favor of: contract.

a. another heir a. No, only the tenant, because he is in actual possession of the land.
b. testator b. No, only the owner, because the other is just a mere tenant.
c. the State c. Yes, but of different concept.
d. No, either of them. 57. A Torrens Title is not a protection in alluvium?
e. Yes, as general rule.
a. No, because a land covered by Torrens Title is not subject to prescription.
47. Negative easement may be acquired by prescription through notarial prohibition. b. No, for economic reason.
c. Yes, because the soil added cannot be identified.
a. No, because it is non-apparent. d. No, because the property is titled.
b. Yes, because notarial prohibition makes apparent what is non-apparent. e. Yes, if the river is navigable or floatable only.
c. Yes, because it is provided for by law.
d. Yes, only after 10 years from service of notarial prohibition. 58. A possessor in bad faith of a land is entitled for reimbursement as a matter of right?
e. None of the above.
a. Yes, but only to useful expenses.
48. In case of roots of a neighboring tree intruded to the state of another, the b. No to all kind of expenses, because he is in bad faith.
neighboring owner has the right to cut it off. c. Yes, but only to luxury expenses.
d. Yes, but only to necessary expenses.
a. Yes, only after his demand for the cutting is ignored. e. Yes, by agreement with the parties.
b. Yes, because he owns the roots that intruded at his property.
c. No, without permission from the owner of the tree. 59. Illegal condition/consideration will result to nullity of the contract of donation?
d. Yes, only after 10 years of prescription.
e. No, as a general rule. a. Yes, because the contract shall be contrary to law.
b. Yes, but if the condition/consideration had been fulfilled already.
49. Which statement is correct? c. No, if the condition/consideration had not been fulfilled yet.
d. No, because it will violate the constitutional rights of the parties.
1. Accession is the right of an owner of a property to everything which is produced e. B and C are correct
thereby or which is incorporated or attached thereto either naturally or artificially.
2. Natural, industrial and civil fruits belong to the owner. 60. In land registration cases, the court may acquire jurisdiction only after:

a. Both statements are correct. a. Service of summons to the respondents/defendants.


b. Statement 1 is correct; statement 2 is incorrect. b. After trial of the case.
c. Statement 1 is correct; statement 2 is correct. c. Upon filing of the petition/complaint.
d. Upon publication.
50. It is a process whereby the current of a river, creek, or torrent segregates from an e. Upon filing of the answer by the respondent/defendants.
estate on its bank a known portion of land and transfers it to another estate. Such
process is known as: 61. In the contract of usufruct, the owner of the property is being called the naked
owner. Why?
a. Alluvion
b. Avulsion a. Because the owner lost possession of the property.
c. Adjunction b. Only if the subject is real property.
d. Commixtion c. Because of the agreement of the parties.
d. Because he was divested of his two (2) major rights.
51. Which provision of the Condominium Act (RA 4796) is correct? e. Because it is a good name.

1. A condominium corporation shall not, during its existence, sell, exchange, and lease 62. In formation of an island, the owner of the nearest margin/distance is the owner of
or otherwise dispose of the common areas owned by or held by in the condominium the new island?
project unless authorized by the affirmative vote of all the stockholders or members.
2. Whenever real property has been divided into condominiums, each condominium a. Because of the principle that accessory follows the principal.
separately owned shall be separately assessed, for purposes of real property taxation b. Because of the express provision of laws.
and other tax purposes, to the owners thereof and tax on each such condominium shall c. Only if the river is floatable or navigable.
constitute a lien solely thereon. d. Only if the river is non-floatable or non-navigable.
e. Only if there is a dries-up river bed.
a. Provision 1 is correct, 2 is incorrect.
b. Both provisions are incorrect. 63. In perpendicular co-ownership, each floor owners must bear expenses pertaining to
c. Both provisions are correct. his own floor?
d. Provision 1 is incorrect, 2 is correct.
a. No, all the co-owners must share proportionately.
52. May a real property be classified validly as personal property? b. No, it is covered by Condominium Law.
c. Yes, because his ownership is identified.
a. Yes provided it will not prejudice third person/s. d. Yes, as expressly provided for by law.
b. Yes by special provision of our laws. e. C and D are correct.
c. Yes by agreement between the parties.
d. No. A real property is always a real property. 64. Easement is always a real right.
e. A, B & C are all correct.
a. Yes, if the easement is for use of another real property.
53. Under our law Good Faith is presumed, why? b. No, if the easement is for use of person only.
c. Yes, because it is enforceable against the world.
a. Because of express provision of our law/s. d. No, because it is a property use limitation.
b. Because it is the right thing to do. e. Yes, in the case of contractual easement only.
c. No, you have to prove it by extrinsic evidence..
d. No, it is to be proven beyond reasonable doubt. 65. A nuisance is one of the most serious hindrance to the enjoyment of life and
e. A and B are correct. property.

54. In like manner, Bad Faith is not presumed. Why? a. Yes, because it injures or endanger our health and safety.
b. Yes, because it annoys or offends our senses.
a. Yes, because bad faith is personal. c. Yes, because it shocks, defies or disregards decency or morality.
b. Yes, because bad faith could be inherited. d. Yes, because it hinders or impairs the use of property.
c. Yes, because ignorance of the law excuses no one. e. All are correct.
d. Yes, because it should be proven in court.
e. A and D are correct. 66. Registration of the Register of Deeds is a mode of acquiring ownership.

55. In land registration cases, the government is always represented by whom? a. Yes as provided for by P.D. 1529.
b. Yes as provided for by the New Civil Code.
a. By the Office of the City Prosecutor. c. No, it is only for the protection of ownership rights.
b. By the Office of the Solicitor General. d. Yes, because if you failed to register it, you may lost it by prescription.
c. By a private counsel hired for that matter. e. None of the above.
d. By the Register of Deeds.
e. By the Bureau of Land. 67. May a local ordinance extinguish a legal easement?

56. Accession is not a mode of acquiring ownership? a. Yes, because it is a recent law.
b. Yes, if the local ordinance expressly provided the same.
a. Yes, because it was not one of the seven (7) modes of acquiring ownership. c. No, because a local ordinance should not be repugnant to law.
b. No, it is considered as acquisition by law. d. No, because the local ordinance is not valid for being contrary to law.
c. No, because it is neither alluvium nor avulsion. e. C and D are both correct
d. Yes, in accordance with our customs.
e. Yes, as a general rule only. 68. A condominium buyer is entitled to the issuance of the Condominium Certificate of
Title as a matter of right.
78. Magdalene and Shantung Company entered into a contract of agency before the
a. Yes, from the time he signed the Contract of Sale. consul general of the Philippines in Singapore. They stipulated that Magdalene shall be
b. Yes, from the time he fully paid the purchase price. the administrator of the real properties of Shantung Company in the said country. By
c. Yes, from the time of the delivery of the condo unit. virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company
d. Yes, provided it is stated at the Master Deeds. located in Singapore to Mayhem Real Estate Corporation without any special power of
e. All of the above. attorney. The said contract of sale was executed before the vice consul of the
Philippines in Singapore. Under the laws of Singapore, the sale of a real property by an
69. The doctrine of “Hot Pursuit” is an exemption to that a person should not take the agent without a special power of attorney is valid. Shantung Company filed a suit for the
law into his own hands. annulment of the contract of sale on the ground that Magdalene has no authority to sell
the property. If you were the judge, which of the following courses of action should you
a. Yes, under special circumstance only. take?
b. No, because everybody should be law abiding citizen.
c. No, because ignorance of the law excuses no one. a. Dismiss the action for annulment on the ground that the forms and
d. No, because the rule allows no exemption. solemnities of contracts, wills and other public instruments shall be governed by the law
e. All of the above. of the country in which they are executed.
b. Dismiss the action for annulment on the ground that the property subject of
70. The nature of action in Quieting of Title is in personam. the case is located in Singapore, thus, the law of Singapore shall govern.
c. Grant the action for annulment on the ground that the forms and solemnities
a. No, because the subject of the case is always a real property. of contracts, wills and other public instruments shall be governed by the law of the
b. No, because the decision in the case is enforceable against the whole world. country in which they are executed.
c. Yes, provided the subject is a personal property. d. Grant the action for annulment on the ground that Shantung Company did
d. Yes, because the decision is enforceable only against the litigating parties. not authorized Magdalene to sell the property.
e. None of the above.
79. Wendy, single, bought a parcel of land in Dagupan City from Amante for
71. Under Intellectual Property Code, to be covered by the law, it is required that you P600,000.00. A contract was executed between them which already vested upon
register your business in the Philippines. Wendy full ownership of the property, although payable in monthly installments for a
period of 4 years. One year after the execution of the contract, Wendy got married to
a. Yes, because registration will give you such protection. Lorenzo. They executed a marriage settlement whereby they agreed that their
b. No, because the law is design to protect registered and non-registered properties shall be governed by the regime of conjugal partnership of gains. Thereafter,
owner. subsequent installments were paid from the conjugal partnership funds. Is the land
c. No, because the law is design to protect world wide piracy of products. conjugal or paraphernal?
d. Yes, because registration will give jurisdiction to our court.
e. B and C are correct. a. The land is conjugal because the installments were paid from the conjugal
partnership funds.
72. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to b. The land is paraphernal because ownership thereof was acquired before the
himself? marriage.
c. The land is both conjugal and paraphernal because the installments were
a. No, because there is no force upon person. paid from both the personal funds of Wendy and the conjugal partnership funds.
b. Yes, if there is force upon thing. d. The land is paraphernal because it was Wendy who purchased the same.
c. Yes, like in prescription.
d. Yes, because the owner lost only physical possession. 80. Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby
e. No, because there is no more owner to speak with. girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal
dwelling. Charina, on the other hand fell in love with David and they decided to live
73. Reproduction of books by Xerox or photocopying is a violation of the Copyright together as husband and wife on May 12, 1992. Six (6) years after or on September 8,
Law? 1998, Marvin died in an accident. Free at last, Charina and David decided to get
married on February 14, 2000 executing an affidavit that they have been living together
a. No, it is being tolerated anyway. as husband and wife for more than five (5) years. The marriage took place but the
b. No, because there is no law that prohibits it. solemnizing officer failed to execute an affidavit that he ascertained the qualifications of
c. No, because it is economical. the contracting parties. Two (2) years later, Charina died living a considerable amount
d. Yes, because it deprives the author of his royalties. of properties. Noreen, assisted by her grandparents, filed a petition questioning the
e. Yes, because the operator of the Xerox Machine does not pay his income validity of her marriage to David. If you were the judge, how will you decide on the
tax. petition?

74. Donation is both an act and a contract. a. Dismiss the petition on the ground that Noreen has no personality to
question the validity of the marriage of her mother to David.
a. No, because it is an act of man only. b. Grant the petition on the ground that he ascertained the qualifications of the
b. No, because there is no exchange of value. contracting parties and found no legal impediment to the marriage.
c. Yes, because it is a gratuitous contract. c. Dismiss the petition on the ground that the marriage is valid because
d. No, because it is not part of Obligation and Contract of New Civil Code. Charina and David lived together as husband and wife for more than 5 years and their
e. None of the above. marriage took place after the death of Marvin, the husband of Charina, thus, no need to
secure a marriage license.
75. Donation of the same thing to two or more persons shall be governed by the rule on d. Grant the petition on the ground that the marriage is void ab anitio, as the
double sale? ratification of their marital cohabitation is not valid.

a. No, because they are of different contracts. 81. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their
b. No, because they are covered by different chapters of the New Civil Code. conjugal partnership. Hence, they executed a public document wherein they declare
c. Yes, because both acts transfer ownership. that they had no debts, that they were voluntarily dissolving their conjugal partnership,
d. No, because in donation there is no exchange of value. and that each of them would thereafter be free to acquire or dispose of any property
e. No, because in sale there is exchange of values. independently of the other. Thereafter, they lived apart. Ana engaged in business
which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully
76. All installment buyers of real estate are protected by R.A. 6552 (Maceda Law). employed and was able to acquire properties through his own efforts. The creditors of
Ana obtained a judgment against the latter which they could not satisfy because Ana
a. Yes, because it is the intent and spirit of the law. was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the
b. No, only those who had paid at least 2 years of installment and defaulted properties of Reynaldo?
later.
c. No, they have to apply for it first at HLURB to be covered. a. Yes, because the properties of Reynaldo are conjugal as they were obtained
d. Yes, provided it will not violate their contract. through his efforts and industry.
e. No, it is applicable only to buyer in installment of appliances. b. Yes, because the parties are still legally married to each other when the
creditors obtained a favorable judgment against Ana.
77. Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was c. No, because the properties of Reynaldo are his exclusive properties as they
preparing for the bar examinations, Miguel, a lawyer and cousin of Liza threatened Noel were obtained through his own efforts and industries.
with the filing of a complaint for immorality in the Supreme Court, thus, preventing him d. No, because there was an agreement between the parties to voluntarily
from taking the examinations unless he marries Liza. As a consequence of the threat, dissolved their conjugal partnership.
Noel married Liza. Can the marriage be annulled on the ground of intimidation under
Article 45 of the Family Code? 82. Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter
accepted in a private instrument. After 6 months of pregnancy, the fetus was born and
a. Yes, because without the threat, Noel would not marry Liza. baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the
b. Yes, because the threat, to enforce the claim of Liza, vitiates the consent of P200,000.00. Is Jessie entitled to recover the money he donated?
Noel in contracting the marriage.
c. No, because the threat made by Miguel is just and legal. a. No, because the donation is valid as Laura already accepted the same
d. No, because Miguel is not a party to the contract of marriage between Liza b. No, because when Casey died, Laura, as Casey’s heir, inherited the money
and Noel. donated by Jessie.
c. Yes, because the donation never produced any legal effect as Casey, the
supposed donee, never acquired civil personality.
d. Yes, because the donation is void as the acceptance was not made in a a. solemnized with a marriage license issued without complying with the
public instrument, thus producing no legal effect. required 10-day posting.
b. solemnized by a minister whom the parties believe to have the authority.
83. Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen last c. between parties both 23 years of age but without parental advice.
March 8, 1992 with a valid marriage license. It appears that Clark Kent was issued a d. between a woman and her husband’s killer/holdup per.
certificate of legal capacity to contract marriage after the celebration of the marriage. e. solemnized by a commanding officer between two members of his battalion.
The U.S. embassy claims that such marriage is void from the beginning. Is the
contention of the U.S. embassy tenable? 92. In legal separation:

a. Yes, because the law provides that when either or both of the contracting a. the aggrieved spouse may file the action within 5 years from the time of the
parties are citizens of a foreign country, it shall be necessary for them, before a occurrence of the cause.
marriage license can be obtained, to submit a certificate of legal capacity to contract b. no trial shall be held without the 6-month cooling off period being observed.
marriage, issued by their respective diplomatic or consular officials. c. the spouses will be entitled to live separately upon the start of the trial.
b. Yes, because the marriage license was wrongfully obtained by the parties, d. the prosecuting attorney has to conduct his own investigation.
thereby invalidating the marriage. e. the decree will not be granted solely on the basis of admission.
c. No, because the U.S. embassy later on issued a certificate of legal capacity
to contract marriage, thus, during the defect in the issuance of the marriage license. 93. Three years after marriage, wife learned that husband is afflicted with STD.
d. No, because the absence of the certificate of legal capacity to contract Apparently, he has been afflicted even before the marriage but concealed such fact. An
marriage is a mere irregularity in the formal requisites of marriage, thus it will not affect action for annulment may be filed by the wife.
the validity of the marriage.
a. within five years after marriage.
84. Glenda, a Filipino citizen and John Riel, an Australian citizen, got married in the b. anytime during the lifetime of the husband.
consular office of the Philippines in Australia. According to the laws of Australia, a c. within five years upon knowledge of the STD.
marriage solemnized by a consular official is valid, provided that such marriage is d. anytime during the lifetime of the wife.
celebrated in accordance with the laws of such consular official. What is the status of e. anytime during the marriage.
the marriage of Glenda and John Riel?
94. On March 3, 1995, wife delivered a child at which time the husband has been
a. Void, because the consular official has no authority to solemnize the harboring the suspicion of her unfaithfulness. He has since been contemplating on
marriage. impugning the legitimacy of the child until he met an accident and died on March 27,
b. Valid, because according to the laws of Australia, such consular official has 1996. The legitimacy of the child may be impugned by:
authority to celebrate the marriage.
c. Voidable, because there is an irregularity in the authority of the consular a. his parents
official to solemnize marriages. b. his illegitimate child, if any
d. Valid, because such marriage is recognized as valid in the place where it c. his brothers or sisters
was celebrated. d. his aunts or uncles
e. none of them
85. The doctrine of “Self-Help” is an exemption that a person should not take the law
intro his own hands. 95. Specific guidelines have been laid down by the Supreme Court in the interpretation
and application of psychological incapacity as a ground for annulment.
a. Yes, under special circumstances.
b. No, because everybody should be law abiding citizen. a. the incapacity must be proven to be existing at the time of the celebration of
c. No, because ignorance of the law excuses no one. the marriage.
d. No, because the rule allows no exemption. b. the illness must be grave
e. All of the above. c. the burden of proof must rest on the respondent.
d. the roots of the illness can be traced to the history of the subject
86. Excited over their impending marriage, the parties overlooked the expiration date of e. the incapacity appears to be incurable.
their marriage license but just the same the marriage was solemnized two days after its
expiration date. The marriage is: 96. Excessive donation inter vivos may be revoked or reduced after the death of the
donor.
a. valid there being a marriage license validly obtained by the parties.
b. voidable there being a defect in the formal requisite. a. Yes, in so far that it reduces the legitimate of the compulsory heirs.
c. valid there being only an irregularity in the marriage license. b. No, because it took effect while the donor is still alive.
d. void in the absence of a valid marriage license. c. No, because it will impair the right of a person to enter into a contract.
e. valid there being good faith on the part of the parties. d. No, because it is not practical.
e. All of the above.
87. Filipinos are governed by their national law with respect to the following matters,
except: 97. A husband by chance discovered hidden treasures on the paraphernal property of
his wife, who owns the discovered treasure.
a. legal capacity
b. family rights and status a. The half pertaining to the husband (finder) belongs to the conjugal
c. personal property partnership
d. testamentary succession b. The half pertaining to the wife (as owner) belongs to the conjugal partnership
e. intrinsic validity of wills c. One half shall belong to the husband as finder and the other half shall
belong to the wife as owner of the property.
88. Separation of property between spouses during the marriage may take place only: d. a and b

a. by agreement of the spouses. 98. Action for rescission on the account of lesion will prescribe within ---
b. if one of the spouses has given ground for legal separation.
c. upon order of the court. a. 10 years
d. if one spouse has abandoned the other. b. 5 years
e. if only one of the spouses is earning. c. 7 years
d. answer not given
89. For civil purposes, a fetus may be considered born if:
99. Which one is more burdensome, easement or usufruct?
a. it had an intra-uterine life of 8 months but is dead upon delivery.
b. it had an intra-uterine life of less than 7 months and it died after 5 days upon a. Usufruct because the usufructuary has possession and fruits of the property
delivery. b. Easement because the servient estate is under obligation to let others use the
c. it had an intra-uterine life of less than 7 months and dies within 24 hours property
after its complete delivery from the maternal womb. c. None, because in both cases there is no transfer of title
d. it was aborted on request of or with permission from the father to save the d. Easement because easement is enforceable even if there is no contract
life of the mother.
e. it had an intra-uterine life of 9 months but dies in the maternal womb. 100. Are growing crops real property?

90. The husband may impugn the legitimacy of his child but not on the ground that: a. Yes, for the purpose of civil law
b. No, for the purpose of criminal law
a. the wife is suspected of infidelity. c. No, for the purpose of commercial law
b. the husband had a serious illness that prevented him from engaging in d. All of the above
sexual intercourse. e. None of the above
c. the child could not be his for biological or scientific reasons.
d. they were living apart. 101. A, donated a parcel of land to the unborn child of H and W, is the donation valid?
e. he is physically incapable of sexual intercourse
a. No, because there is no donee yet
91. A marriage is void if: b. No, because there is no one yet to accept the donation
c. Yes, provided the child be born alive or to live for at least 24 hours under certain
conditions a. The donation must be made before the celebration of the marriage
d. No, because the donee has no name yet to whom the land is to be transferred b. The donation shall be automatically revoked in case of non-celebration of
the marriage
102. Mr. J constructed a basketball court at the middle of the street, may Mr. J be c. The donation must be made in consideration of the marriage
charged criminally in court? d. The donation must be made in favour of one or both of the future spouses
. e. None of the above
a. No. because the remedy is only destruction or removal
b. No, because the case is inlay civil in nature 113. Which of the following circumstances does not terminate the absolute community of
c. Yes, provided that the basketball court be declared first as a public property?
nuisance
d. Yes, provided that Mr. J did not pay any permit to the local government a. Upon the death of either spouse
b. Upon conviction of a crime involving moral turpitude by either spouse
103. Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. c. When the marriage is annulled or declared void.
B. After ten years branches of the mango tree encroached the air space of B. Mr. X is d. When there is a decree of legal separation
the owner of the encroaching branches because… e. None of the above

a. of the principle “accessory follows the principal 114. The general rule is that both husband and wife must jointly adopt except in the
b. the tree is planted in his (X) land following cases:
c. in accordance with the law of easement
d. All of the above a. When one spouse seeks to adopt his own illegitimate child
e. None of the above b. When one spouse seeks to adopt his own legitimate child
c. When one spouse seeks to adopt the legitimate child of the other
104. Which among the properties of the states that could be the subject of prescription d. A and B
in favor of a private person? e. A and C

a. agricultural land 115. Which of the following is not a ground for extinguishment of parental authority?
b. forest land
c. public road a. Upon the death of the child
d. seashore b. Upon adoption of the child
c. Upon appointment of a general guardian
105. Which among the churches listed below is owned by the Roman Catholic Church? d. All of the above
e. None of the above
a. Quiapo Church constructed after 1898
b. San Agustin Church constructed before 1898 116. Bruce was pronounced by his physician to be suffering from an incurable disease
c. Manila Cathedral constructed before 1898 and that he is going to die at anytime. Bruce was engaged to Margarita. In view of the
d. Vigan Church constructed before 1898 pronouncement of Bruce’s doctor, the two got married without a marriage license. Six
(6) months thereafter, Bruce died. The validity of their marriage was attacked on the
106. Which among the group of things listed below could not be considered as a ground that the marriage was not a marriage in articulo mortis. What is the status of the
property? marriage between Bruce and Margarita.

a. res nullius a. Voidable


b. res communes b. Valid
c. res alicujus c. Valid but subjects the party responsible to civil, criminal and administrative
d. None of the above liability
d. Unenforceable
107. Patrimonial Property of the State refers to e. Void ab initio

a. those no longer intended for public use and public service 117. Which of the following does not characterized legal separation?
b. those no longer intended for public good and public welfare
c. those actually possessed, occupied or utilized by indigenous cultural minorities by a. The marriage is not defective
themselves or through their ancestors b. The grounds arise only after the marriage
c. The spouses are still married to each other and cannot, therefore remarry
108. The document issued by the government agency concerned stating that mineral d. There are ten (10) grounds for legal separation
resources project under consideration will not bring about an unacceptable e. None of the above
environmental impact and that the proponent has satisfied the requirements of the
environmental impact system is called 118. The Civil Code of the Philippines took effect on:

a. Environmental Compliance Certificate (ECC) a. August 30, 1951


b. Environmental Impact Statement (EIS) b. June 30, 1950
c. Joint Venture Agreement (JVA) c. August 30, 1950
d. Mineral Resource EDUC Certification d. June 30, 1949

109. Which of the following marriages is void for reasons of public policy? 119. Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend
Danny as a birthday gift. Danny readily accepted the gift with profuse gratitude. One
a. Between brothers and sisters, whether of the full or half blood month later, they had a serious quarrel; hence, Charlie demanded the return of the
b. Between step-parents and step children watch from Danny. Danny refused to return the watch.
c. Between parents-in-law and children-in-law
d. B and C What is the nature of this donation?
e. None of the above
a. Valid, because there was intention to donate and delivery by the donor Charlie.
110. Which of the following is not included in the attributes of juridical capacity? b. Valid, because there was acceptance and receipt of the donated personal property
by the donee Danny.
a. Juridical Personality is inherent in every natural person, and therefore it is not c. Void, because the value of the thing donated exceeded Php 5,000.00 and the
acquired. donation and acceptance were not in writing.
b. Juridical capacity is lost only through death d. Void, because the value of the thing donated exceeded Php 5,000.000 and the
c. Juridical capacity can be limited or restricted donation and acceptance were not in a public instrument.
d. Juridical capacity cannot exist without capacity to act
e. None of the above 120. In a residential subdivision in San Pedro, Laguna, Marimar constructed and
maintained a shoe factory which emits pollution and very loud noise 24 hours a day.
111. The following constitute the different circumstances or cases of fraud which will
serve as ground for the annulment of a marriage, except? How do you classify this nuisance?

a. Non-disclosure of the previous conviction by final judgment of the other party a. Nuisance per se, because it is always a nuisance, regardless of its location and
of a crime involving moral turpitude surroundings.
b. Concealment of drug addiction of a sexually-transmissible disease, b. Nuisance per accidents, because it is only a nuisance based on its location and
regardless of its nature, existing at the time of the marriage circumstances.
c. Concealment of drug addiction, habitual alcoholism, homosexuality or c. Nuisance per se, because it affects the entire subdivision
lesbianism existing at the time of marriage d. Nuisance per accidents, because it affects and annoys the entire residential
d. Concealment by the wife or the husband of the fact of previous sexual subdivision.
relations prior to the marriage
e. All of the above 121. Amelia and Arsenio are married. Amelia went to the U.S. to work as a nurse in
2005. She left her two (2) children, Benjie and Cherry, 4 years old and 2 years old,
112. Which of the following is not a requisite for a valid donation propter nuptias? respectively, with her parents, Danilo and Elenita. Later, because his parents-in-law, do
not want to give his children to him, Arsenio, through trickery, was able to get his b. marriage between parties who have been cohabiting for at least 5 years without
children from their maternal grandparents. Danilo and Elenita are claiming that they any legal impediment to marry each other
have a better right to have custody over Benjie and Cherry since they are financially c. marriage before the consul, consul-general or vice consul between Filipino citizens
capable of supporting the needs of the children. abroad
d. letters a and b
Can the grandparents claim back the children? e. all of the above

a. Yes, because the mother Amelia has transferred her parental authority over the
children in favor of the grandparents. 128. The absolute community of properly terminates
b. Yes, because the grandparents are more financially capable of providing for the
needs of the children. a. upon the death of either spouse
c. No, because parental authority should be vested on the present parent, Arsenio. b. when the mirage is annulled or declared void
d. No, because the children should be given back to their mother considering that c. upon separation of the spouses de facto
being both less that 7 years of age, their mother must have custody over the children. d. letters a and b
e. all of the above
122. Occupation is:
CIVIL REVIEW II
a. A derivative mode of acquiring ownership
b. An original mode of acquiring ownership 1. A bus owned and operated by CRV Lines, Inc., and negligently driven by Mr.
c. Not a mode of acquiring ownership D, an employee rammed a Meralco lamp post. The incident injured Mr. P, a passenger,
d. None of the above Mr. PD, a pedestrian. Which is correct?

123. Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and a. Mr. D cannot be sued under a culpa criminal theory of Mr. P.
Benjamin to be witnesses during the day of the signing of her will, Clara fell down the b. Mr. P can sue CRV Lines under a quasi delict theory as employer of Mr. D.
stairs and broke both her arms. Coming from the hospitals, Clara insisted on signing her c. Mr. PD can sue CRV Lines under a contractual theory.
will by thumb mark and said that she can sign her full name later. While the will was d. CRV Lines can be sued by Mr. P only under a contractual theory.
being signed, Roberta, experienced a stomach ache and kept going to the restroom for
long period of time. Hannah while waiting for her turn to sign the will, was reading the
7th Harry Potter book on the couch, beside the table on which everyone was signing 2. Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million.
Benjamin, aside from witnessing the will. Also offered to notarize it. A week after, Clara Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days
was run over by a drunk driver while crossing the street in Greenbelt. May the will of within which to decide.
Clara be admitted to probate? Give your reasons briefly.
a. Seller may always withdraw the offer before 30 days.
a. Yes, because the testatrix signed the will in the presence of 4 credible b. Seller can withdraw the offer prior to acceptance by Mr. Buyer.
witnesses and the credible witnesses signed the will in the presence of the testatrix and c. Seller cannot withdraw before the lapse of 30 days.
of one another. d. Answer is not given.
b. Yes, because the testatrix signed the will in the presence of 3 credible
witnesses and the 3 credible witnesses signed the will in the presence of the testatrix 3. Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O.
and of one another. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed
c. No, because there were only two credible witnesses who attested and that the fault was due to the driver of Mr. TP. Which is not correct?
signed the will in the presence of the testatrix and of the one another.
d. No, because the testatrix was not a. Miss X may sue Mr. O under a breach of contract of carriage.
b. Miss X may sue Mr. TP under a culpa aquiliana theory.
c. Miss X may sue the driver of Mr. TP under a culpa criminal theory.
124. In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso d. Mr. O in a suit by Miss X for breach of contract may defend by alleging that
painting reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, the proximate cause of the accident was the jeepney of Mr. TP.
Brad and Jennifer broke up. While Brad was mending his broken hearth, he met Angie
and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will 4. Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms: (i)
bequeathed the painting to Angie. Brad died 1995. Saddened by Brad’s death, Jennifer down payment of P500,000; (ii) entire balance is to be paid on December 24, 2004; (iii)
asked for the Picasso painting as a remembrance of him. Angie refused and claimed a chattel mortgage is to be executed over the car bought or sold in favor of Mr. Seller. If
that Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not? on the due date for the balance, no payment is paid despite demand.

a. Yes, because the painting was owned by Brad a. Mr. Seller may foreclose the mortgage on the car and recover any balance if
b. Yes, because the painting was given as legacy to her by Brad. there be a deficiency in the foreclosure sale.
c. No. because the real owner of the painting was Jennifer. b. Mr. Seller can foreclose the mortgage on the car but is precluded from
d. Yes, because the painting was given to Brad as a gift by Jennifer. recovering any balance.
c. Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the
125. For purpose of this questions, assume all formalities and procedural requirements balance.
have been complied with: d. Mr. Seller can only cancel or rescind the sale.

in 1970 Ramon and Dessa got married. Prior to their marriage, Ramon had a 5. Mr. Seller offered to sell a parcel of land Mr. Buyer orally for P5 million. Mr.
child, Anna. In 1971 and 1972 Ramon and Dessa legally adopted Cherry and Michelle Buyer accepted orally on November 5, 2004.
respectively. In 1973, Dessa died while giving birth to Larry. Anna had a child. Lia, Anna
never married. Cherry, on the other hand, legally adopted Shelly. Larry had twins, Hans a. The sale is voidable.
and Gretel, with his girlfriend, Fiona. In 2005, Anna, Larry, and Cherry dies. Who may b. The sale is valid and can be registered.
inherit from Ramon and who may not? Give your reason briefly. c. The sale is valid but unenforceable and cannot be registered.
d. The sale is voidable but may be ratified.
a. Lia shall inherit from Ramon because the iron-barrier rule is not applicable
his being illegitimate daughter of Anna, the illegitimate daughter of Ramon. 6. Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the same to
b. Hans and Gretel shall not inherit from Ramon, the iron barrier rule applicable Mr. B who accepted.
in this case. Hans and Gretel are the legitimate son of Ramon.
c. Michelle shall inherit from Ramon being the legally adopted daughter of a. The donation is valid.
Ramon. She enjoys the same rights and privilege just like a legitimate child, including b. The donation is voidable and may be annulled.
successional rights c. The donation is void and Mr. X may get the cell phone back.
d. Shelly shall not inherit being the legally adopted daughter of Cherry, the d. The donation is void but Mr. X cannot get the cell phone back.
legally adopted daughter of Ramon. The relationship created by fiction of law extends
only the adopter and adoptee and does not extend anymore to parents of the adopter. 7. Which among the following must be in writing to be valid?
e. All of the above
a. A sale of a land.
126. The following constitute fraud which is a ground for annulment of marriage b. Every donation of personal or movable property.
c. A contract of partnership with a contribution of an immovable.
a. concealment of pregnancy of the wife by a man other than the husband d. An authority by the principal to an agent to sell movables.
b. concealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism existing at the time of marriage 8. The following are contracts that require the delivery of the subject matter before a
c. concealment of physical incapacity of consummating the marriage and such perfected contract exists. Which is the exception?
incapacity continues and appears to be incurable
d. letters a and b a. An agreement to borrow/lend money.
e. all of the above b. An agreement to borrow/lend a car.
c. An agreement to deposit 1,000 bags of cement in a warehouse.
127. A valid marriage licence secured prior to the marriage is a formal requisite to make d. A sale of a car.
the marriage valid except;
9. Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell.
a. marriage in articulo mortis Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the
price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct?
a. Both are true.
a. The one with a better right is Buyer No. 2 b. Both are false.
b. Mr. Seller has done a double sale. c. No. 1 is false; No. 2 is true.
c. The one with the better right is the buyer who registers the sale first in good d. No. 1 is true; No. 2 is false.
faith.
d. There is no double sale. 21. No. 1 – The laws governing deposits govern the relationship between a bank
depositor and a bank.
10. No. 1 – Fraud is always a ground for annulment of a contract. No. 2 – A creditor may be compelled to receive a certified check in payment
No. 2 – A simulated contract is voidable. of a loan.

a. Both are false. a. Both are false.


b. Both are true. b. Both are true.
c. No. 1 is false; No. 2 is true. c. No. 1 is true; No. 2 is false.
d. No. 1 is true; No. 2 is false. d. No. 1 is false; No. 2 is true.

11. Which contract is rescissible? 22 .Mr. X lost heavily in a private gambling with Mr. Y. He still owes Mr. Y
P250,000 representing losses. Which is not true?
a. A contract where both parties are of unsound mind.
b. A contract violating the statute of frauds. a. The wife of Mr. X may file a suit to recover the losses if Mr. X refuses to file
c. A contract where the debtor sells his property to defraud the creditor where the suit.
the buyer is in good faith. b. Mr. Y has the obligation to return the losses of Mr. X.
d. None of the above. c. Mr. X is estopped from recovering his losses.
d. Mr. Y cannot collect the unpaid losses of Mr. X.
12. A contract of sale is deemed an equitable mortgage in any of the following
situations, except: 23. Mr. X, without the authority of Mr. Y, owner of a car, sold the same car in the name
of Mr. Y to Mr. Z. The contract between Mr. X and Mr. Z is
a. When the price is unusually inadequate.
b. When the buyer retains for himself a part of the purchase price. a. void because of the absence of consent from the owner, Mr. Y.
c. When the vendor binds himself to pay the taxes on the thing sold. b. valid because all of the essential requisites of a contract are present.
d. When the buyer is in possession as lessee. c. unenforceable because Mr. X had no authority but he sold the car in the
13. When the debtor binds himself to pay when his means shall permit him to do so, name of Mr. Y, the owner.
d. rescissible because the contract caused lesion to Mr. Z.
a. The obligation is deemed to be one with a period.
b. The obligation is a conditional obligation. 24. Mr. MO executed a real estate mortgage over his land in favor of Mr. ME as
c. The obligation is void. security for a substantial loan he obtained from the latter. The mortgage
d. The obligation is unenforceable. agreement provided for a “first refusal clause”, i.e., Mr. MO, is obligated to
offer the property first to Mr. ME in case he decides to sell the property
14. Which of the following contracts is not unenforceable? mortgaged. Which of the following statements expresses a correct legal
principle?
a. An oral agreement to pay for the debt, default or miscarriage of another.
b. An oral sale of land. a. As long as the mortgage exists, Mr. MO has no right to sell his property to
c. An oral sale of movables with a value of P500. anyone.
d. An oral agreement to lend P50,000. b. Mr. MO may sell the property mortgaged with the consent of Mr. ME.
c. A violation of the “right of first refusal clause” will make the contract entered
15. No. 1 – A contract of sale is a mode of acquiring ownership. into by Mr. MO with anyone, void abs initio.
No. 2 – Every delivery transfers ownership. d. A violation of the ‘right of first refusal clause” will make the contract entered
into by Mr. ME rescissible
a. Both are false.
b. Both are true. 25. Which of the following contracts are void?
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true. a. An oral sale of a parcel of land.
b. A sale of land by an agent in a public instrument where his authority from the
16. Mr. X pledged his gold watch to Mr. Y as security for a loan. The loan was not paid. principal is oral.
c. A donation of a wrist watch worth P4,500.
a. Mr. Y may appropriate the ring as his own if there is a stipulation to that d. A relatively simulated contract.
effect.
b. Mr. Y must sell the ring to someone else even in a private sale. 26. Which of the following expresses a correct principle of law?
c. Mr. Y may recover the deficiency from Mr. X if after the auction sale, a
deficiency exists. a. Failure to disclose facts when there is a duty to reveal them, does not
d. Mr. Y cannot recover the deficiency after the auction sale. constitute fraud.
b. Violence or intimidation does not render a contract annullable if employed
17. The benefit of “exclusion” is available in a contract of not by a contracting party but by a third person.
c. A threat to enforce one’s claim through competent authority, if the claim is
a. guarantee legal or just, does not vitiate consent.
b. suretyship d. Simulation of a contract always results in a void contract.
c. pledge
d. antichresis 27 .Mr. X orally offered to sell his two-hectare rice land to Mr. Y for P10 million. The
offer was orally accepted. By agreement, the land was to be delivered
18. Mr. Seller and Mr. Buyer orally agreed on the following: (through execution of a notarized deed of sale) and the price was to be
(i) the land to be sold has an area of 10,000 sq. meters; (ii) price is P5 paid exactly one-month from their oral agreement.
million; and (iii) Mr. Seller shall prepare the deed of sale. With fraudulent intent, Mr.
Seller knowing the inadequacies of Mr. Buyer with respect to numbers wrote 1,000 sq. a. If Mr. X refuses to deliver the land on the agreed date despite payment by
meters instead of 10,000 sq. meters. The sale is Mr. Y, the latter may not successfully sue Mr. X because the contract is oral.
b. If Mr. X refuses to deliver the land, Mr. Y may successfully sue for fulfillment
a. void of the obligation even if he has not tendered payment of the purchase price.
b. voidable but the contract may be reformed c. The contract between the parties is rescissible.
c. valid but the instrument may be reformed d. The contract between the parties is subject to ratification by the parties.
d. valid but the contract may be reformed
28. Which of the contracts below are rescissible?
19. Mr. X promised to deliver a specified dog named “Auger” to Mr. Y on April 29,
2005.On the due date, no dog was delivered. Which is not correct? a. Those entered into by guardians whenever the wards whom they represent
suffer lesion by more than one third of the value of the object subject matter thereof.
a. If the dog died on April 30 without anyone’s fault, Mr. X shall be liable to Mr. b. Those entered into by guardians in the above when the lesion suffered is
Y by reason of delay. one fourth of the value of the property.
b. Mr Y shall bear the loss because of res perit domino. c. Those undertaken in fraud of creditors even if the latter has other means to
c. Mr. Y shall bear the loss because of genus nunquan perit. collect the debt.
d. Mr X shall bear the loss because of genus nunquan perit. d. Those where the contract is absolutely simulated.
e. No one shall bear the loss.
29. Which of the following reflects a correct legal principle?
20. No. 1 – The mortgagor in a real estate mortgage may sell the property mortgaged
despite a prohibition to that EFFECT. a. A, B, and C, are co-owners of a three-hectare orchard. If A decides to sell
No. 2 – If there is a balance after the foreclosure sale in a chattel mortgage arising his share to B, C has a right of redemption.
he deficiency cannot be recovered.
b. A and B are adjoining owners of a rural land. Each land has an area of half a a. The BIR may not levy upon the land because the sale is valid.
hectare. If B sells his land to D who does not own any rural land, C has a right of b. The BIR, without having the sale annulled may levy upon the land of
redemption. (Mr.Reyes pursuant to the Tax Code.
c. If the right to repurchase is not exercised within the period agreed upon, a c. The BIR should first have the sale annulled before it may levy upon the land
judicial order is necessary to consolidate ownership on the buyer. pursuant.
d. A contract of sale is not a mode of acquiring ownership. d. The BIR should first have the sale rescinded for lesion to the government.

30. Mr. S sold his land to Mr. B with a right to repurchase within ten years from the 38. Consent is manifested by the meeting of the offer and the acceptance upon the
date of sale. Despite the lapse of the period of redemption, no such redemption was thing and the cause which are to constitute the contract. Which of the
made. following constitutes an offer?

a. Ownership of the land was consolidated on Mr. by virtue of the failure to a. an definite offer made through an agent
redeem by Mr. S. b. business advertisement of things for sale
b. Ownership of the land will be consolidated only upon the registration of the c. advertisements for bidders
sale with the registry of deeds. d. a declaration of an intent to sell.
c. Ownership of the land will be consolidated only upon a judicial order.
d. Ownership will be consolidated only with the consent of Mr. S. 39. When goods are delivered to the buyer “on sale or return”, for a period of seven
(7) days, ownership of the goods passes to the buyer,
31. Mr. S sold a banana plantation to Mr. B for P3 million although its market value
is P20 million. It was agreed that Mr. S shall remain in possession as lessee of the land a. Upon delivery of the goods.
and shall be responsible for the real estate taxes. b. Upon expiration of seven (7) days.
c. Upon acceptance by the buyer of the offer of the seller.
a. The contract gives rise to an action for rescission. d. Upon perfection of the contract.
b. The contract gives rise to an action for annulment.
c. The contract is a sale. 40. Ben pledged his watch to V. Y. Domingo for P5,000. On the due date Ben failed
d. The contract is presumed to be an equitable mortgage. to pay his loan and redeem the watch. The pawnshop sold the watch at
public auction to the highest bidder at P4,000.
32. A and B are capitalist partners, with C as an industrial partner. A and B
contributed P15, 000.00 each to the capital of the partnership. A a. The pawnshop can recover the deficiency of P1, 000 from Ben.
contractual liability of P40, 000.00 was incurred by the partnership in favor b. The pawnshop cannot recover the P1, 000 unless there is a stipulation.
of X. If the capital assets have been exhausted to pay X, leaving a c. The pawnshop can recover the P1, 000 even without a stipulation.
contractual liability of P10, 000.00, X can recover the amount from: d. The pawnshop cannot recover the P1, 000 even if there is a stipulation.

a. A and B only 41. Mr. X executed a chattel mortgage over his house and lot to Mr. Y. When the
b. A, B and C obligation became due, Mr. X did not pay despite demand.
c. A, B and C and C can recover for reimbursement from A and B
d. No reimbursement may be recovered by C. a. Mr. Y has no right to foreclose the mortgage because the house and lot are
not chattels.
33. A, B and C are partners engaged in a retail business. Their contribution is P20, b. Mr. Y has no right to foreclose the mortgage unless Mr. X consents to the
000.00 each. D is admitted as a new partner with a contribution of P8, foreclosure.
000.00. At the time of his admission, the partnership has an outstanding c. Mr. Y has no right to foreclose the mortgage because he can sue for
obligation to E in the amount of P80, 000.00. In this case: collection.
d. Mr. Y may foreclose the mortgage because Mr. X is estopped from claiming
a. D is not liable to E for this obligation and his P8,000 contribution shall remain the invalidity of the chattel mortgage over the real property, but foreclosure should be
with the partnership made under the procedure of a real estate mortgage.
b. D is liable to E for this obligation so that after the assets of the partnership
amounting to P68, 000.00 will be exhausted leaving a balance of P12, 000.00, only A, B 42. Mr. D borrowed P500, 000 from Mr. C with Mr. G as guarantor. When the debt
and C shall be liable jointly or pro rata, out of their separate property. fell due, Mr. D did not pay despite demand.
c. D is liable to E for this obligation so that after the assets of the partnership
will be exhausted, leaving a balance of P12,000.00, all the partners shall be liable jointly a. Mr. C may collect from Mr. G because he guaranteed payment of the debt.
or pro rata, including D, out of their separate property. b. Mr. G may refuse to pay even if Mr. D is insolvent.
d. D will be liable only if he knew of the liability of P80,000 at the time he joined c. Mr. G may ask Mr. C to exhaust all the properties of the Mr. D first before
the partnership. collecting from Mr. G.
d. Mr. G may refuse to pay even if Mr. D has absconded.
34. Mr. Ayco offered to sell his land to Mr. Cruz for P300,000. Mr. Cruz accepted
the offer and paid Mr. Ayco the purchase price. Mr. Ayco delivered the 43. Every contract of partnership having a capital of three thousand pesos or more,
owner’s duplicate of the Transfer Certificate of title of the land. Mr. Cruz in money or property, shall appear in a public instrument, which must be
wants to register the land in his name but the Register of Deeds asks Mr. recorded in the Office of the Securities and Exchange Commission. Failure
Cruz for the Deed of Sale. What can Mr. Cruz do? to comply with this requirement;
a. He may occupy and use the land as a buyer in good faith.
b. He cannot compel Mr. Ayco to return the payment because the contract is a. renders the contract of partnership void.
unenforceable. b. renders the contract of partnership unenforceable.
c. He may compel Mr. Ayco to execute the Deed of Sale because the contract c. affects the liability of the partnership to third persons and the partnership has
is valid. no legal personality.
d. He may sue Mr. Ayco to return the purchase price under the legal principle d. does not affect the liability of the partnership to third persons and the
that no one may enrich himself at the expense of another partnership still has a legal personality.

35.Andrea wrote Bernardo a letter offering to sell a piece of land. Andrea gave 44. X is not a partner of A, B, and C. Without the consent or knowledge of C but with
Bernardo two months within which to pay the price of P500,000. After 50 the implied consent of A and B, X made T believe that he is a partner of A, B,
days Andrea informed Bernardo that she is increasing the price of the and C. Who shall be liable for the payment of a debt of P500, 000 in favor of T who
land to P700, 000. Can Bernardo compel Andrea to accept the extended credit on the basis of the misrepresentation?
P500,000 first offered and execute the deed of sale?
a. X, A and B pro rata.
a. No, because Bernardo did not signify his acceptance of the offer of b. X, A and B solidarily.
P500,000 c. X, A, B and C pro rata.
b. Yes, because the period of 2 months has not yet expired. d. X, A, B and C solidarily.
c. Yes, because Andrea is already estopped by her signed letter.
d. Yes, because there was actual meeting of minds of the parties. 45. Seller wrote Buyer offering to sell his only house for a specified price. The letter
was mailed on the same date it was written. Buyer offered to buy the same house for
36. Antonio sold a piece of land to Renato binding himself not to sell the same to the same price and the letter containing the offer to buy was also mailed on the same
another person. On the following day, Antonio sold the land to Carlos who date it was written. On the same date and time Seller and Buyer
immediately took possession in good faith. In the case at bar, the proper received the letters written to each other.
remedy of Renato is to:
a. There is a perfected contract.
a. Institute an action for the annulment of the sale to Carlos. b. There is a perfected contract only when they have orally confirmed their
b. Institute an action for the recovery of the land. having received the letters written to each other.
c. Institute an action for damages against Antonio. c. There is no contract because the offers were not certain.
d. Institute an action for a declaration of nullity of the sale to Carlos. d. There is no contract because there was no acceptance.

37. Mr. Reyes has a tax liability of P100, 000. In order to evade the payment of the tax 46. Jose went to visit Pablo, a friend one Sunday morning where a card game was
liability, he executed a deed of sale of his only parcel of land valued for P100, 000.00 going on. Jose joined the game and lost P50,000. He became indebted to the
in favor of his brother, Pablo. The deed of sale stated a purchase price of P20, winner for P10, 000 more. Which among the following statements is not correct?
000.00 but the BIR has evidence that said price had never been paid.
a. The winner cannot maintain an action to collect the P10,000.
b. Jose may recover P50,000 from the winner with legal interest from the time c. novation
he paid the amount lost. d. condonation or remission
c. Jose may recover P50,000 from the winner but without legal interest.
d. If Jose refuses to recover from the winner, the spouse of Jose may institute 55. When there is a change in the object or principal conditions, an obligation is
the action to recover. extinguished by

47. For payment to extinguish the obligation: a. confusion


b. compensation
a. The thing or service in which the obligation consists must be completely c. novation
delivered or rendered. d. condonation or remission
b. Payment must not have been justifiably refused by the creditor.
c. Payment must be in legal tender. 56. It is that currency which the debtor can compel the creditor to accept in
d. All of the above. payment of all debts, public or private.

48. Which of the following is most likely incorrect? a. certified checks.


b. domestic money in any denomination.
a. Mr. D promised to deliver to Mr. C 100 bottles of Japanese red wine of a c. legal treasury notes.
specified brand. Without the knowledge of Mr. D, production of the wine had been d. legal tender.
stopped. Despite earnest efforts, Mr. D could only deliver ninety (90) bottles. Mr. O’s
obligation is deemed fulfilled. 57.The extinguishment of an obligation by the passage of time is
b. In the immediately preceding letter (a), Mr. D could recover as though there
had been a delivery of 100 bottles. a. fulfillment of a resolutory condition.
c. Mr. D promised to deliver 100 sacks of a certain type of rice. He delivered b. prescription.
only 90 sacks but the obligee did not object to the incomplete delivery. The obligation c. expiration.
may be deemed fully performed. d. annulment.
d. The creditor cannot be compelled to accept payment or performance by a
third person who has no interest in the fulfillment of the obligation or unless there is a 58. Mr. Debtor is domiciled in Quezon City while Mr. Creditor is domiciled in
stipulation to the contrary. Manila. Payment is to be made in
49. Debtor owes Creditor P500,000. The debt is secured by a chattel mortgage on
Debtor’s car. On the due date of the obligation, Creditor is paid by Third a. Quezon City, domicile of Mr. Debtor.
Person who has no interest in the obligation either as guarantor or surety. b. Manila, domicile of Mr. Creditor.
There is likewise no stipulation as to Third Person’s right to pay. c. Makati City if so stipulated.
d. The place designated by Mr. Debtor.
a. If Third Person pays without the knowledge or against the will of Debtor,
Third Person may recover P500, 000 from Debtor even if the debt had been condoned 59. Mr. Debtor owes Mr. Creditor as follows: P10, 000 due February 5; P10, 000 due
to the extent of ½. March 5 and P10, 000 due April 5, all during the current year. Mr. Debtor has
b. If Third Person pays with the Debtor’s knowledge and consent, Third Person only P10, 000 and cannot pay all his obligations. If Mr. Debtor decides to pay
may recover P500, 000 from Debtor even if the debt had been condoned to the extent of P10, 000, the amount shall apply:
½. If Debtor fails to pay, Third Person may foreclose the mortgage on Debtor’s car.
c. Same as letter “b” except that Third Person may not foreclose the mortgage a. To the debt chosen by Mr. Creditor.
on Debtor’s car, unless Creditor consents. b. To the debt chosen by Mr. Debtor.
d. Same as letter “b” except that Third Person may not foreclose the mortgage c. To the debt due on February 5 being the oldest debt.
on Debtor’s car because the mortgage was exclusively constituted in Creditor’s favor. d. To the debt due on April 5 if it is an interesting obligation.
60. Mr. Debtor owes fifteen (15) persons substantial amounts of money. His
50. Which among the situations below states a correct principle of law? financial situation indicates that his liabilities for exceed his assets. If Mr.
Debtor cedes or assigns his properties to his creditors,
a. Third Person pays Debtor’s debt without intending to be reimbursed by
Debtor. The payment will not extinguish the obligation even if accepted by Creditor if a. The creditors acquire ownership of the properties assigned or ceded.
Debtor does not consent to the payment. b. The creditors shall sell the properties assigned and when sold, the debt of
b. Third person pays Debtor’s debt without intending to be reimbursed by (c) Mr. Debtor is deemed paid regardless of whether or not the net proceeds are equal to or
Debtor. The payment will extinguish the obligation if Debtor does not consent to the less than the amount of the indebtedness.
payment. c. The creditors shall sell the properties assigned and when sold, the debt of
c. Debtor is obliged to give Creditor a Rado watch. Since no Rado watch was Mr. Debtor shall only be released to the extent of the net proceeds of the sale.
available on the due date, Debtor decided to deliver a watch of a different brand more d. The cession or assignment shall extinguish the obligation whether or not the
valuable than the one that is due. Creditor must accept the watch. creditors sell the properties assigned.
d. D owes C P20, 000. D pays B, brother of C. The payment is not valid even
if it redounded to the benefit of C. 61. Mr. Debtor owes Mr. Creditor P100, 000. On the due date, Mr. Debtor
delivers a cashier’s check for the full amount. Mr. Creditor refuses to accept
51. Debtor owes Creditor P20, 000. On the due date of the obligation, Debtor could the check.
not pay. Debtor instead offered his TV set worth P20,000 in payment of the
obligation. Creditor agrees. a. Debtor may make a consignation by depositing the amount due with any
bank and in the name of Mr. Creditor.
a. There is no payment because the debt may only be discharged by the b. Mr. Debtor may make a consignation by depositing the amount due at the
delivery of legal tender. disposal of judicial authorities before whom the tender of payment shall be proved in a
b. There is payment pursuant to a facultative obligation because of a proper case.
substitution. c. Mr. Debtor has no legal basis for making a consignation.
c. There is dation in payment or dacion en pago. d. The creditor may be considered in mora accipiendi.
d. There is payment by cession.
62. As a general rule, consignation must be preceded by a valid tender of
52. Mr. D owes Mr. Y P10, 000. On the due date, Mr. X offers a check in payment. Enumerated below however, are situations which allows a
payment of the obligation. consignation without a prior tender of payment. Which is the exception?

a. The receipt of the check by Mr. Y extinguishes the obligation if the check is a. When for any cause, the creditor refuses to give a receipt.
a certified one because it is as good as cash. b. When the creditor is absent or unknown, or does not appear at the place of
b. The receipt is not equivalent to automatic payment if the check is not a payment.
certified check. c. When two or more persons claim the same right to collect.
c. Mr. Y has no reason to refuse the check if it’s fully funded as certified to by d. When the title to the obligation has been lost.
the bank.
d. Mr. Y cannot be compelled to accept the check. 63. Which among the following fails to state a correct legal principle?

53. Where the debtor has various debts of the same kind in favor of the same a. The debtor in obligations to do shall be released when the prestation
creditor and on the due date the debtor does not have sufficient funds to becomes legally or physically impossible without the fault of the obligor.
cover all the debts, the debtor may avail of b. Whenever the thing is lost in the possession of the debtor, it shall be
presumed that the loss was due to his fault, unless there is proof to the contrary.
a. tender of payment and consignation. c. An obligation which consists in the delivery of a determinate thing shall be
b. application of payment. extinguished in any event it should be lost or destroyed without the fault of the debtor.
c. dation in payment. d. Condonation or remission is essentially gratuitous, and requires the
d. cession in payment. acceptance by the obligor. It may be made expressly or impliedly.

54. When the characters of the creditor and debtor are merged in one and the same 64. Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount of
person, there is extinguishment of the obligation by, P100, 000. The debt is secured by a pledge on a ring owned by Mr. Debtor. Which
among the following is most likely correct?
a. confusion
b. compensation
a. If on the due date, Mr. Creditor delivers the note to Mr. Debtor without 74. Pedro offered to sell to Marita a purported diamond ring which actually was a stone
collecting the debt, there is an implied condonation if the note is a private instrument. of inferior quality. Believing it to be a genuine diamond ring, Marita bought and paid
b. If the debt is condoned by Mr. Creditor, the pledge is not condoned. for the ring. If later on, Marita discovers the misrepresentation, Marita may:
c. If Mr. Creditor returns the thing pledged to Mr. Debtor, the pledge and the
loan are deemed extinguished. a. sue for damages alone because of dolo causante.
d. If on the due date, Mr. Creditor delivers the note to Mr. Debtor without b. sue for rescission.
collecting the debt, there is an implied condonation if the note is a public document. c. for annulment because of dolo incidente.
d. for annulment because of dolo causante.
65. For compensation to be proper, the following must be complied with. Which is the
exception? 75. Pedro borrowed money from Jose, payable on November 26, 2005. On the due
date of the obligation, Pedro failed to pay. On December 30, 2005, Pedro paid the
a. Both debts consist in a sum of money or of the same kind. debt.
b. Both debts are due.
c. Both debts be liquidated and demandable. a. Pedro is in default.
d. Both parties are insolvent. b. Pedro is not in default.
c. Pedro is liable for interest.
66. It is the substitution or change of an obligation by another, which extinguishes d. Pedro is liable for damages.
or modifies the first either changing its object or principal condition, or
substituting another in place of the debtor, or subrogating a third in the right 76. A debt has a maturity date of November 1, 2004. Payment was made on
of the creditor. November 1, 2005 but demand was made on June 1, 2005. If the debtor is
made liable for interest, the interest shall commence to run on
a. accion subrogatoria
b. novation a. November 1, 2004.
c. accion pauliano b. June 1, 2005.
d. none of the above c. The date the obligation was incurred.
d. None of the above.
67. Which among the following is not an essential element of an obligation?
77. Pedro promised to give Jose an orchard planted with mango trees on
a. Active and passive subjects. November 30, 2005. Before November 30, 2005, what right does Jose have
b. Form of the obligation over the orchard?
c. Prestation
d. Juridical tie a. Jose has no right.
b. Jose has a personal right.
68. Mr. Oliveros, by virtue of a written agreement agreed to deliver to Mr. Santos a car c. Jose has a real right.
on a specified date provided the latter pays the former P1 million. d. Jose has both a personal and a real right.

a. The prestation is the car; Mr. Santos is the active subject; Mr. Oliveros is the 78. No. 1 - If a person obliged to do something fails to do it, the only remedy of the
passive subject and the juridical tie is the contract. obligee is to demand for the payment of damages.
b. The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the No. 2 - If a person obliged to do something fails to do it, he may be compelled
juridical tie is the law and the prestation is the giving of the car. by court action to fulfill his obligation.
c. The active subject is Mr. Santos; the passive subject is Mr. Oliveros; the
prestation is the delivery of the car and the juridical tie is law. a. Both are true.
d. The passive subject is Mr. Oliveros; the active subject is Mr. Santos; the b. Only No. 1 is true.
prestation is the delivery of the car and the juridical tie is the contract. c. Both are false.
d. Only No. 2 is true.
69. When a party causes damage to another due to his negligent act and such
damage is caused in the course of the performance of a contractual 79. Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no agreed
obligation, the latter is liable to the former on the basis of date for delivery and payment. The obligation of Mr. Robles as seller is:

a. culpa criminal a. to deliver when Mr. Roxas is ready to pay.


b. culpa extra contractual b. to deliver the car immediately because there is already a perfected
c. culpa contractual contract.
d. culpa aquiliana c. to have the contract rescinded because no date is fixed for performance.
d. to deliver the car immediately because his obligation is pure.
70. No. 1 - the same act of negligence of the defendant that causes injury to
another may give rise to a liability based on culpa aquiliana and culpa 80. In order that fraud may make a contract void able:
criminal and the injured party may recover twice from the same act or omission of the
defendant. No. 2 - When the defendant causes damage to the plaintiff a. It may be incidental but both parties should not be in pari delicto.
through the formers fault or negligence, there being no contractual relationship between b. It may be serious and the parties must be in pari delicio.
them, the basis of the defendant’s liability is a quasi-contract. c. It may be incidental but should have been employed by both parties.
d. It should be serious and should have not have been employed by both
a. Both statements are false. contracting parties.
b. Both statements are true.
c. Only No. 1 is true. 81. Gody obtained a loan from Eusebio in the amount of PhP10,000.00 payable on
d. Only No. 2 is true. June 30, 2005 plus 10% interest. On January 2, 2005, Gody won PhP100, 000.00 in
a bingo game and he offered to pay PhP10,000.00 to Eusebio. Eusebio refused to
71. They are lawful, unilateral and voluntary acts that are based on the principle that no accept the payment offered by Gody. Which of the following statements is
one shall be enriched or benefited at the expense of another. correct?

a. Quasi-delicts a. Eusebio can be compelled to accept the payment offered by Gody because
b. Quasi-contracts the amount being offered is complete.
c. Culpa contractual b. Eusebio can be compelled to accept the payment being offered if the interest
d. None of the above will be reduced.
c. Gody cannot compel Eusebio to accept the amount offered by him because
72. The quasi-contract of negotiorum gestio requires the following. Which is the the period for payment has not yet arrived.
exception? d. None of the above.

a. There must be an abandoned or neglected property or business. 82. Which of the following statements is correct?
b. Someone voluntary takes charge of that abandoned business or property.
c. The owner must consent to the management of his business or property by a. Negligence signifies the idea of delay in the fulfillment of an obligation.
someone. b. Delay or default means the failure to perform the obligation on the date
d. The owner has the obligation to reimburse the expenses of the person who agreed upon by the parties.
takes charge of his business or property. c. Incidental fraud is one committed in the performance of an obligation.
d. Proper diligence of a good father of a family means extra-ordinary diligence.
73. Pedro receives a package via Federal Express. When he opened the
package he realized that the same was delivered to him by mistake and that 83. Which of the period in the following cases is intended for the benefit of the
the real owner thereof is Pablo, his neighbor. The obligation of Pedro to give debtor?
the package to Pablo arises from
a. Payable on December 31, 2006
a. law b. Payable before December 31, 2006
b. contracts c. Payable on or before December 31, 2006
c. moral obligations d. All of the above
d. solutio indebiti
84. While Mr. P was walking along a busy street, he slumped and suffered from d. No. 2 is true; No. 1 is false.
symptoms of a heart attack, and lost consciousness. Mr. D, a heart
specialist saw what happened and through his expertise saved the life of Mr. P. If 92. In case of losses, the industrial partner shall,
sued for Mr. D’s services.
a. Share in the losses in any event.
a. Mr. P must pay on the basis of an implied contractual relationship. b. Shall share in the losses only if there is a stipulation.
b. Mr. P must pay under a quasi-contract. c. Shall not share in the losses even if he contributes capital.
c. Mr. P has no obligation to pay because he did not ask for Mr. D’s services. d. Shall not share in the losses except if he contributes capital also.
d. Mr. P has no obligation to pay because the services of Mr. D can be
construed as a voluntary act and hence, a donation. 93. Every contract of partnership having a capital of three thousand pesos or more,
in money or property, shall appear in a public instrument, which must be recorded in the
85. S and B entered into a sale of a four-hectare land for P1 million. S prepared the Office of the Securities and Exchange commission. Failure to comply with this
Deed of Sale and with fraudulent intent and taking advantage of B'’ failing requirement;
eyesight changed the area of the land to reflect an area less than what had
been agreed upon. The remedy of B upon discovery of the fraud is, a. Renders the contract of partnership void.
b. Renders the contract of partnership unenforceable.
a. Annulment c. Affects the liability of the partnership to third persons and the partnership
b. Reformation of the contract has no legal personality.
c. Rescission d. Does not affect the liability of the partnership to third persons and the
d. Answer not given partnership still has a legal personality.

86. Which of the following statements is incorrect? 94. A and B are partners in A & B Partnership. A owns two parcels of land which
he contributed to the partnership. B owns six trucks which he contributed to
a. The full payment of the price is sufficient to make the buyer the owner of the the partnership. The profits of the land and the trucks were also included as
thing sold. contributions. The properties contributed are all what A and B own. The
b. In a sale, the full payment of the price is a suspensive condition for the seller partnership is:
to deliver.
c. Delivery of the thing sold is necessary to transfer ownership. a. Universal
d. Delivery in a real contract is required not for transfer of ownership but for the b. Universal partnership of all present property
perfection of the contract. c. Universal partnership of all profits
d. Particular partnership
87. On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a
specified red car. There was no delivery however, on said date. On June 95. X, Y, and Z are partners in XYZ Partnership, Ltd. Y as limited partner. After five
15, 2000, the garage of the car collapsed because of an earthquake and the car years of operations, the partnership incurred debts in favor of third persons totaling
was totally destroyed. Is Jose Dizon liable? P5 million. The total partnership assets is P3 million. Who among the
partners shall be liable with their separate property in favor of creditors?
a. No, because he could plead impossibility of performance due to a fortuitous
event even if he is in default. a. X and Z for P1.5 million each because they are general partners
b. Yes, because Jose Dizon is in legal delay. b. X, Y and Z for P1 million each
c. No, because there was no demand and the car was lost through a fortuitous c. X, Y, and Z depending upon their capital contribution.
event.
d. Yes, because there is a perfected contract. 96. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured
when the bus fell into an embankment because of the negligence of the bus driver.
88. Seller wrote a letter to Buyer offering to sell a piece of land for P500,000. Seller Which of the following statements is more likely in accordance with accepted
gave Buyer two months to decide and pay the purchase price. Before the legal principles?
lapse of two months, Seller wrote Buyer that the price is now P700,000. Buyer
insisted on an acceptance for P500,000. He wants to compel Seller to a. Mr. P may initiate a criminal action against Allied Bus Lines.
execute a deed of sale for the original offer of P500,000. May the Seller be b. Mr. P may initiate a civil action against Allied Bus Lines based on a breach
compelled to honor the P500,000 offer? of contract theory only.
c. Mr. P may initiate a criminal action only against the driver of the bus.
a. No, because Buyer did not accept the original offer. d. Mr. P may initiate a civil action for damages on a quasi-delict theory against
b. Yes, because two months have not yet elapsed. the driver of the bus.
c. Yes, because Seller is estoppel by his original letter.
d. Yes, because there was a meeting of the minds. 97. Which of the following is correct?

89. Santos owes Maria P5 million. The debt is secured by a mortgaged on the house a. The debtor always loses the right to make use of the period whenever he
of Santos. becomes insolvent.
b. The right to rescind a contract in a reciprocal obligation must always be
No. 1 - If before the due date, the security is lost through no one’s fault, Maria stipulated,
can declare the debt due and demandable even before the original maturity date. c. In a contract to sell, the seller retains ownership of the thing sold until the
No. 2 - If the house was burned up to 25% its value through the fault of condition of full payment is fulfilled.
Santos, the debt may be declared due by Maria even before the original d. In a contract of sale, delivery does not always transfer ownership.
maturity date but she cannot do so if the impairment was without the fault of
Santos. 98. Which of the following is correct?

a. Both are correct. a. A rescissible contract arises whenever the debtor defrauds the debtor.
b. No. 1 is correct; No. 2 is wrong. b. Fraud is always a ground for annulment of a contract.
c. No. 1 is wrong; No. 2 is correct. c. In a pledge, the thing pledged may be in the custody of a third person.
d. Both are wrong. d. Services may be the object of a contract of sale.

90. Alonzo offered to sell to Bernardo a parcel of land at a specified price. Alonzo 99. Which of the following is correct?
gave Bernardo (60) days within which to accept the offer. Bernardo agreed to the
period. a. The disposition by the debtor of his assets to the prejudice of the creditor is
void.
a. Before the lapse of sixty days, Alonzo may withdraw the offer or increase the b. A relatively simulated contract is void.
price. c. An unenforceable contract is void.
b. Before the lapse of sixty days no withdrawal can be made but the price may d. A voidable contract produces legal effects.
be increased.
c. No withdrawal can be made before sixty days because the period is binding. 100. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured
d. No withdrawal can be made because there is already a perfected option when the bus fell into an embankment because of the negligence of the bus driver.
contract. Which of the following statements is more likely in accordance with accepted
legal principles?
91. Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-
up truck, or a van, all of which are specific. a. Mr. P may initiate a criminal action against Allied Bus Lines.
No. 1 - If the car and the pick-up truck were lost through Jose’s fault, he has no b. Mr. P may initiate a civil action against Allied Bus Lines based on a breach
choice but to deliver the van; If the van was lost through a fortuitous event before of contract theory only.
delivery, the obligation is extinguished and Jose is not liable. c. Mr. P may initiate a criminal action only against the driver of the bus.
No. 2 - If the pick-up truck and the car were lost through a fortuitous event, d. Mr. P may initiate civil action for damages on a quasi-delict theory against
Jose has no choice but to deliver the van; if before delivery, the van was lost the driver of the bus.
because of Jose’s fault, he is liable. e.
101. What is the legal concept of possession?
a. Both Nos. are true.
b. No. 1 is false; No. 2 is true. a. The holding of a thing or the enjoyment of a right
c. Both Nos. are false.
b. It is material occupation or by the fact that the right or property is subjected b. False
to the will of the claimant c. None of the above
c. The gathering of the products and the act of planting on the land
d. All of the above 111. A contract is binding between the parties notwithstanding the absence of a
law that governs it, as long as it is not contrary to morals, good customs,
102. Can it be argued that the Martial Law has the effect of tolling the prescriptive public policy, or public order.
period for the annulment of avoidable contract?
a. True
a. Yes, it has the effect of a force majeure, as such it suspends the running of b. False
the prescriptive period c. None of the above
b. No, it cannot be argued that Martial Law has the effect of a force majeure
which in turn works to suspend the running of the prescriptive period 112. An obligation to pay can arise from certain lawful, voluntary and unilateral
c. Yes, as long as the calling of the same was valid and constitutional act which did not benefit anyone or which did not cause damages to another
d. None of the above person.

103. Which is not an element of Novation? a. True


b. False
a. The new obligation is laid down in unequivocal terms c. None of the above
b. The new and the old obligations must be on every point incompatible with
the other 113. The guardian of an imbecile shall be civilly liable as principal for the crime
c. Each of the obligations must have its independent existence committed by the imbecile alone.
d. If they are compatible, the new obligation novates the first
a. True
104. Nik sold to Paul a real property payable in monthly installments within a 5 year b. False
period, Paul was only able to pay 14 monthly installments, after the 60 day c. None of the above
grace period and after 30 days of Paul’s receipt of the notice and letter calling
for the rescission of the contract Nik rescinded the same. Paul contended that 114. The service of the subsidiary imprisonment of an insolvent offender shall
there was an automatic rescission done by Nik, hence, the same was void. extinguish his civil liability.
Give the best answer.
a. True
a. The rescission done by Nik was in faithful compliance with the Maceda Law, b. False
as the grace period and the sending of notices was complied before rescission c. None of the above
b. The rescission done by Nik was void as it fell short on compliance with the
law, as the notices sent by the latter would not suffice the requirement of a notarial act. 115. The rule that once a criminal action is filed the civil action is suspended is
c. Paul has a right to demand payment for damages caused by the automatic absolute.
rescission done by Nik, the same being void under RA6552
d. Answer not given a. True
b. False
105. Under a contract of guaranty, may the benefit of excussion be waived? c. None of the above

a. Yes, a person may waive the benefit of excussion especially when the 116. When “A” promises to deliver to “B” one of his present antique ears, he is
contract states that his liability shall be direct and immediate without any need to take confined to deliver only any of the antique cars that presently belong to him.
steps to exhaust legal remedy
b. No, the benefit of excussion cannot be waived; it is expressly provided that a. True
the creditor must first exhaust all the properties of the debtor. The benefit of excussion b. False
serves to protect the guarantor from unscrupulous debtors c. None of the above
c. Yes, the benefit of excussion may be waived provided the person owning
such benefit, has sufficient properties to cover the debt 117. When “A” promises to deliver to “B” any car, he has the obligation to
d. No, it may not be waived by reason of public policy and commercial preserve his car with due car.
convenience
a. True
106. May a mortgagor’s liability on labor claims be transferred to the mortgagee- b. False
creditor? c. None of the above
a. Yes, after the mortgagee-creditor had foreclosed the assets of the
mortgagor-debtor, the labor liability claims are deemed transferred to the latter. 118. The lose of a determinate thing extinguishes the obligation to deliver by the
b. No, the responsibility for the liabilities by the mortgagor towards his obligor who is guilty of fault or delay.
employees cannot be transferred via an auction sale to a purchaser who is also the
mortgagee-creditor of the foreclosed assets. a. True
c. No, the mortgage constitutes a lien on the determinative properties of the b. False
employer-debtor, because it is specially preferred credit to which worker’s monetary c. None of the above
claims is deemed subordinate
d. “B’ and “C” only 119. In an obligation to do or to render service, the oblique may impose
e. none of the above personal force or coercion to compel the obligor to comply with his
obligation.
107. Which of the following is not a form of an equitable mortgage?
a. True
a. The consideration has been proven to be unusually inadequate b. False
b. The supposed vendor has remained in the possession of the property even c. None of the above
after the execution of the instrument
c. The alleged seller has continued to pay the estate taxes on the property 120. There is debtors fault in real obligation when a creditor demands the
d. The alleged seller has planted crops and other agricultural products on the delivery of a thing not yet due.
property under an agricultural leasing contract between them
a. True
108. Article 1157 at the Civil Code enumerates the different sources of obligation. b. False
This enumeration is exclusive. c. None of the above

a. True 121. A person who in the performance of his obligation is guilty of fraud,
b. False negligence or delay is liable for damages.
c. None of the above
a. True
109. A court is empowered to ignore an unreasonable contract for attorney’s b. False
compensation although it is not shown to be contrary to morality or public c. None of the above
policy.
122. A waiver made in advance not to file an action for damages based on
a. True future fraud in the performance of an existing obligation is void.
b. False
c. None of the above a. True
b. False
110. A part can recover damages incurred during the period of negotiation, c. None of the above
even if the contract is not finally perfected as long as there was a definite
offer made by the other party who, without any valid reason, withdrew from the 123. The diligence of a good father of the family is the fixed degree or standard
negotiations. of care required in circumstances.

a. True a. True
b. False a. Upon approval by the President;
c. None of the above b. After 15 days following the publication in the Official Gazette or in a
newspaper of general circulation;
124. The theft of a thing is considered force majeure which results in the c. After 15 days following its posting in the website of Congress considering the
extinguishment of an obligation to deliver the stolen thing. advances in science and technology;
d. After 15 days following the completion of their publication in the Official
a. True Gazette or in a newspaper of general circulation and furnishing the UP Law Center with
b. False a copy unless it is otherwise provided.
c. None of the above (Art. 2, NCC; Tañada v. Tuvera)

125. The rule that no person is responsible for a fortuitous event applies even 2. In 1986, A, a married woman file a petition for adoption of C which was
in an obligation to deliver a horse. granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of
the Family Code requiring that the husband and wife must jointly adopt and the
a. True retroactive provision of the Family Code under Article 256. How do you think the court
b. False will decide?
c. None of the above
a. It will grant the petition because the law is mandatory with the use of the
126. An obligation in a contract which arises upon the death of one of the parties word “must”;
is classified as conditional obligation. b. It will grant the petition because of the retroactivity of the law;
c. It will deny the petition because the retroactivity of the law will impair vested
a. True rights. (Rep v. Toledano)
b. False d. It will deny the petition because of the doctrine of immutability of judgment.
c. None of the above
3. The President of a foreign country came to visit the Philippines in cognito.
127. An obligation where the period of payment is subject to the will of the debtor While enjoying the beautiful beach in Pagudpud, Ilocos Norte, he as caught in flagrante
or obligor is void. delicto raping a young girl. If you were a police officer, what would you do?

a. True a. I would arrest him because he is committing a crime;


b. False b. I would arrest him because penal laws are binding upon all those who live or
c. None of the above sojourn on Philippine territory;
c. I will not arrest him after identifying himself because of his immunity which is
128. The court can fix the period when the obligation is subject to the sole will an accepted principle of international law. (Art. 14, NCC)
of the debtor. d. I will arrest him because nobody is above the law.

a. True 4. A & B both Filipinos are married. While having vacation in Hawaii, A
b. False executed a will in accordance with USA law, where there is only one (1) witness. Is the
c. None of the above will valid?

129. An obligation subject to a resolutory condition is immediately demandable a. The will is void because it is not in accordance with Philippine law.
but is extinguished upon the happening of the condition. b. The will is valid because of the doctrine of lex loci celebrations.
c. The will cannot be admitted to probate because the same has yet to be
a. True probated abroad.
b. False d. The will is void because laws are binding upon Filipino citizens even though
c. None of the above living abroad.

130. If an injured party in a contract has demanded rescission, he later may ask 5. A was charged with the crime of murder. He was convicted. While in prison,
for performance. However, of he seeks performance, he can no longer seek he executed a donation in favor of B which was accepted by B in the same deed of
for rescission of the contract. donation. Is the donation valid?

a. True a. Yes, because it was perfected by the acceptance of B;


b. False b. Yes, if the donation is mortis causa;
c. None of the above c. No, if the donation is inter vivos;
d. Yes, regardless of its nature.
131. The court may fix the period of payment when the duration depends upon (Arts. 37, 38, 39, NCC)
the will of the debtor like in: “When my means permit me to do so”, or “as
soon as possible”, or “as soon as I have money” 6. A and B entered into an exclusive dealership agreement over the product of
A in the province of Tarlac. XYZ Corp. ordered such product from A, hence, he delivered
a. True the same at its office in Tarlac. B learned about the transaction hence, he sued A for
b. False damages. Is A liable?
c. None of the above
a. A can be liable for breach of contract.
132. A debtor shall lose every right to make use of the period when he attempts b. A can be liable for abuse of right.
to abscond. c. A cannot be liable because he was exercising a right.
d. A is not liable, but instead, XYZ Corp. is liable for interference in contractual
a. True relationship.
b. False
c. None of the above FAMILY LAW

133. In facultative obligations, only one thing is due but the debtor has reserved 7. A & B are married with a son C. What happens to the relationship by affinity
the right to substitute it with another. Consequently, the loss of the between B and X and Y, the parents of A after A’s death?
substitute extinguishes the obligation.
a. It is severed because of the death of A;
a. True b. It remains because of the existence of C;
b. False c. It remains even with the death of A irrespective of whether they have an
c. None of the above offspring or not;
d. The death of A has no effect at all since B and X and Y are not related at all.
134. When two or more persons are liable under a contract or under a (Intestate Estate of Manolita Gonzales Vda. de Carungcong, et al. v. People, et. al.,
judgment to presumption is that their obligations is solidary and each debtor G.R. No. 181409, February 11, 2010)
is liable for the entire obligations.
8. One of the terms and conditions of employment is that, if a dependent of an
a. True employee dies, the employee shall be entitled to bereavement benefits. A, an employee
b. False was pregnant but the fetus died. Is she entitled to bereavement benefits?
c. None of the above
a. No, because the fetus was not yet born;
135. A subject matter if an obligation may be physically divisible but maybe b. Yes, because the fetus became a dependent upon A from the moment of
deemed indivisible by law or by the intention of the parties. conception;
c. No, because the fetus has yet to be born inorder to die;
a. True d. No, because the fetus has no personality yet.
b. False (Arts. 40, 41, 42; Intercontinental Steel Mfg. Corp. v. Voluntary Arbitrator )
c. None of the above
9. A & B are Filipinos. They migrated to the USA where A embraced American
ALBANO MCQs citizenship. A obtained a divorce decree in the USA. Can B get married again?
1. When do laws take effect?
a. No, because the marriage was not originally a mixed marriage.
b. Yes, because if there is a mixed marriage, even if mixed after its celebration b. 10 years
and a divorce decree is obtained by the foreigner, in accordance with his/her national c. 4 years
law, capacitating him/her to remarry under his national law, the Filipino can remarry. d. imprescriptible

c. Yes, because A can get married again under his national law. 18. A and B are married. B, the woman was pronounced the guilty spouse in an
d. Yes, because otherwise, it would be an injustice to B. action for legal separation on the ground of attempt by one spouse against the life of the
other. In favor of whom will the court award C’s custody, a 5-year old child?
10. A, an American citizen married B, a Filipina in the Philippines. A obtained a
decree of divorce against B capacitating him to remarry under USA law. Can B remarry? a. A because he is the innocent spouse;
b. A because it is impossible to have a moral development of the child;
a. B can get married right away after the decree has become final and c. B because there is no man who can respond to the sorrows of a woman
executory. seeing a child of tender age being torn away from her;
b. B cannot get married because from the point of view of Philippine Law, he is d. A and B because of joint parental authority.
still married.
c. B can get married provided that she goes to court and proves the decree of 19. A filed an action for legal separation against B. After the decree of legal
divorce as a fact according to the rules of evidence. separation was granted, A died. What will the court do after notice of death of A?
d. B can get married because the divorce decree being valid in the USA is valid
in the Philippines to be fair to B. a. Dismiss the action for legal separation because it has become moot and
academic;
11. Cris and James got married with Pastor Carlito, a pastor of the Seventh Day b. Continue with the liquidation of the properties of the spouses;
Adventists as the solemnizing officer. Cris and James do not belong to the sect where c. Archive the case;
the pastor belongs. Is their marriage valid? d. Issue an order directing the substitution of party.
(Sy v. Eufemio)
a. Their marriage is void because one or both of the parties should belong to
the sect where the solemnizing officer belongs; 20. What does physical incapacity to consummate marriage mean?
b. Their marriage is valid because the infirmity is only on a formal requisite of
marriage. a. Refusal to have sex with the spouse;
c. Their marriage is valid because it is immaterial whether they belong to the b. Lack of power to copulate which is permanent in nature; (Impotence which
sect where the pastor belongs. appears to be incurable.)
d. Their marriage is valid because the pastor is authorized to solemnize c. The sexual organ is so small;
marriage of anyone. d. Sterility.
(Alcazar v. Alcazar, October 13, 2009)
12. A and B both Filipinos are married, but at the time of the marriage, B was 16
years old. The marriage was celebrated in Hongkong and valid there as such. A wants 21. May a spouse donate to the other spouse during marriage?
to get married again and came to you for advice. Give your advice to A.
a. I would advice him to get married again, anyway, their marriage is void, a. Yes, because that is a right that one has, that is to dispose of his own
hence, there is no need to have the marriage declared void; property;
b. I would advice him to file an action for declaration of nullity of their marriage b. Yes, provided that it is a donation mortis causa;
before getting married; c. No, because it is contrary to public policy and law as one might exert undue
c. I would advice him to seek for a certification from the Hongkong authorities influence against the other;
that their marriage is void; d. Yes, provided that it is freely done and agreed upon/
d. I would advice him to go to Hongkong and seek for declaration of nullity (Art. 87; Agapay v. Palang)
before a competent court and present it to the solemnizing officer.
22. What is the status of a child born out of artificial insemination?
13. A, a Russian citizen married B, a Filipina. A divorced B who came back to
the Philippines and filed a petition for recognition of the foreign decree of divorce. It was a. Illegitimate because the husband is not the father of the child;
recognized but the RTC of Manila found that A is not capacitated to remarry. Can B get b. Legitimate provided that it was done with the consent or ratification of the
married? spouses;
c. Legitimate provided there is consent, ratification by the husband and the
a. Yes, because the decree of divorce severed her marital relationship with A; birth is registered with the civil registry;
b. No, because despite the divorce, A’s national law does not give him the d. Legitimate if adopted by the spouses.
capacity to remarry; (Art. 64, FC)
c. Yes, to be fair to B;
d. Yes, because Philippine law cannot govern the capacity of a foreigner to 23. If an illegitimate child is recognized by the father, what is the extent of is
remarry. hereditary right?
(Art. 26(2); Corpuz v. Sto. Tomas)
a. Equal with the legitimate;
14. A and B married. They acquired properties during the marriage worth P10M. b. ½ of the share of the legitimate;
Ten (10) years thereafter B filed an action for legal separation against A where he was c. No right at all unless there is a court order confirming his recognition;
pronounced the guilty spouse. The court divided the properties valued at P20M at the d. No right because he is the product of sin.
time of the legal separation, equally into two (2). Is the order of the court correct? (Art. 176, FC)

a. No, because A is not entitled to the fruits of their conjugal partnership; 24. A was born on January 1, 2000 as an illegitimate child of B. If he wants to
b. Yes, because A’s disqualification is from a share of the fruits of the conjugal ask for recognition, within what time should he file the action?
partnership;
c. No, because A should be penalized for his misdeeds and the disqualification a. At anytime during his lifetime; c. Imprescriptible;
to have a share of the conjugal properties is the penalty; b. At anytime during the lifetime of B; d. Before reaching the age of
d. No, because the share should even be forfeited in favor of his family to majority.
maintain unity. (Art. 175, FC)

15. A and B are married. B executed a will instituting A as an heir but A was 25. A is the illegitimate son of B whom he recognized in his record of birth. After
pronounced the guilty spouse in an action for legal separation. What happens to the will B’s death, a settlement of his estate was commenced by his legitimate heirs. Can A
after the decree of legal separation? intervene inorder to have share of B’s estate?

a. B can revoke it; a. No, because he is the product of sin;


b. The will is revoked by implication of law; b. Yes, provided that he files an action for recognition first;
c. The will remains valid and A can inherit if the will is admitted to probate; c. Yes, by presenting the record of birth which is an evidence of recognition
d. The heirs can file an action to revoke the will. without need of filing an action of recognition;
d. No, otherwise, it would unduly prejudice the rights of the legitimates.
16. A and B were engaged to marry on April 3, 2012. They entered into a (Art. 172, FC; De Jesus v. The Estate of Juan Dizon)
marriage settlement that they would be bound by the rule on co-ownership. Is the ante-
nuptial agreement valid? 26. Who among those enumerated is not a beneficiary of a family home?

a. No, because they should be governed by the absolute community because it a. Spouses;
is void; b. Parents of the spouses;
b. Yes, they can agree on any other property regime; c. Children, legitimate or illegitimate;
c. No, because they can only agree on the conjugal partnership of gains; d. Overseer.
d. No, because they should agree on the complete separation of property
regime. 27. A and B are married with a son C who is 19 years old and living in their
company. A asked C to drive the family car on their way to their province in Ilocos Norte.
17. Within what period should an action for legal separation on the ground of The car met an accident resulting in the death of D, a pedestrian. Who may be liable for
fraud be filed? damages?

a. 5 years
a. C is solely liable because he has already been emancipated hence, liable for a. He has to file a petition for change of name;
all acts of civil life; b. He can go to the Local Civil Registrar and file an administrative petition for
b. A and B because under the law, if a child is 18 and above but below the age change of name;
of 21 and living in the company of the parents and performs acts or omission causing c. He can just use it with an affidavit that Pedro and Juan refer to one and the
damage to another, the parents are liable; same person;
c. A, B and C are solidarily liable; d. He cannot change his name because of lapse of time.
d. A only because he is the head of the family.
(RA 6809) 36. A, a 17-year old girl had a relationship with B, 25 years old. A child C, was
born when A was only 17. When A reached 21 years, they got married. Can the child be
28. A and B are married. They are governed by the conjugal partnership of legitimated?
gains. A, the Executive Vice-President of ABC Corp. signed as a surety in a loan
secured by the company from Metrobank for the rehabilitation of the company. As a. With their marriage, the child C became legitimated. (RA 9585)
business was good after rehabilitation, A was given a house and lot, a brand new caw b. C cannot be legitimated because there was a legal impediment to marry at
and raise in his salary. The company was sued due to its failure to pay the loan. Are the the time A conceived and gave birth to her/him.
properties of A and B liable? c. C can acquire the status of legitimacy only by adoption of A and B.
d. C cannot be legitimated because he is not a natural child.
a. Yes, because the liability of the surety is primary and principal;
b. Yes, because the obligation contracted by A was done during the marriage; 37. X and Y are married. They were leasing a parcel of land in 2007; they
c. No, because a surety undertaking did not at all redound to the benefit of the constructed a house on the leased lot valued at P1M and resided thereon. While in
family; business, they incurred liability from Z who sued them for failure to pay. Judgment was
d. Yes, because the obligation contracted by A redounded to the benefit of the rendered and it became final and executory. Can the house be levied upon?
family.
(Arts. 94; 121; Ayala Investments & Dev. Corp, 349 Phil. 942) a. The house can be levied upon to answer for the obligation because it is not
a family home.
29. A and B are married. They have two (2) legitimate children. After A died, the b. The house is exempt from execution because it is a family home.
heirs acquired properties from A’s estate. B got married to C, without liquidating their c. The house can be levied upon and sold, but the first P200,000.00 or
conjugal partnership. What property relationship governs them? P300,000.00 shall be given to X and Y.
d. The house can be sold after levy because X and Y did not file a motion to
a. Absolute community of property regime if there is no marriage settlement; quash the levy contending that the house is a family home, hence, waived the right to
b. Conjugal partnership if there is an agreement; invoke the exemption from levy.
c. Absolute immunity of property regime if there is an agreement;
d. Mandatory complete separation of property regime. 38. A and B are married. B filed an action for legal separation on the ground of
(Arts. 103 and 130, FC) sexual infidelity of A which was granted. Can A inherit from B?

30. A and B are married, but separated in fact. While in the practice of her a. Absolutely, No;
profession, B acquired properties. They are governed by the conjugal partnership of b. Yes, under the law of intestate succession;
gains. Who is/are the owner/s of the properties? c. Yes, under the law of testate succession;
d. No, because his act constitutes an ingratitude.
a. B alone because of their separation;
b. The conjugal partnership; 39. A and B are married. They have a daughter C who has a 5-year old child. C
c. B alone because they were governed by the complete separation of property went to Hongkong to work for 2 years and left the child to the custody of X and Y who
regime when they separated in fact. are not related to them. When A and B learned about the departure of their daughter,
d. B alone as A did not contribute anything in the acquisition of the properties. they demanded the surrender of the custody of their granddaughter, D to them, but X
(Art. 100, FC; Wong v. CA) and Y refused, hence A and B sued X & Y for habeas corpus. When the order was
served upon them, they produced the body of the child. The court dismissed the petition
31. A and B lived together as husband and wife. A brought B to the hospital, and immediately. Is the dismissal correct?
paid for the expenses in the birth of C. When the nurse asked B who was the father of
the child, she mentioned the name of A but did not sign the record of birth of C. Can the a. The order of the court is correct because the petition for habeas corpus has
record of birth be admissible in evidence as proof of filiation? become moot and academic.
b. The order of the court is not correct because it should have heard the case
a. Yes, because of the acts of A, thus, he is estopped; to determine if the best interest of the child would be served if custody remains with X &
b. No, because otherwise it would be easy for a woman to vest legitimate Y or will he transferred to A & B.
status upon a child even if the latter is illegitimate; c. The order of the court is correct because in the order of preference, the
c. Yes, to protect the status of the child; grandparents are given preference by law.
d. Yes, to be fair to the child. d. The order of the court is correct because the mother has the right to choose
(Roces v. Local Civil Registrar) the persons who will have custody of her child, looking into the best interest of the child.
(Bagtas v. Santos)
32. A and B lived together as husband and wife, resulting in the birth of C. A
recognized his son, C in the record of birth. What is the surname of C? 40. A & B, without the benefit of marriage lived together as husband and wife.
They had no legal impediment to marry one another. A was engaged in business. B was
a. C must carry the surname of A; at home taking care of their children and the household chores and helping A once in a
b. C may carry the surname of A; while in the business but without any compensation. If the relationship ends, is B entitled
c. C can carry the surname of A; to a share?
d. C shall carry the surname of A.
(RA 9255; Rep v. Capote, February 27, 2007; In Re: Wang v. Cebu City Civil Registrar, a. A & B are governed by the law on co-ownership that they are entitled to a
March 30, 2005) share of 50-50 over the properties acquired during their coverture.
b. They are governed by a special form of co-ownership that even if she did not
33. A and B both Filipinos are married. A was convicted of the crime of murder. contribute materially to the acquisition of the properties, she is entitled to ½ because of
They sought your advice whether they can adopt C, a relative by consanguinity of B. the presumption of equal contribution.
What is your advice? c. B is not entitled to a share of the properties because she never contributed
to the common fund.
a. They can adopt C, but must jointly adopt; d. For B to be entitled to a share of the properties, she has to prove her
b. They cannot adopt C because A is disqualified because of conviction of a material contributions.
crime invoking moral turpitude;
c. Since A cannot adopt, B can adopt C alone; 41. A & B are married. They have a child C, who is in grade 3 at the West
d. They can jointly adopt C, but prove that it will redound to the best interest of Central Elementary School, Dingras, Ilocos Norte. While inside the classroom, C,
C. stabbed D with his pencil resulting in injuries. Is the teacher liable?

34. A and B have ten (10) children but wallowing in poverty. C, a relative of A a. The teacher is not liable because the school is not a school of arts and
wants to adopt two (2) of their children so that the economic situation of the children will trades.
be assured. If you were the judge, how would you decide the petition? b. The teacher is liable regardless of the nature of the school but can prove the
diligence of a good father of a family.
a. I would grant the petition as it would be to the best interest of the children; c. The school, administrators and the teacher are solidarily liable for their
b. I would deny the petition because it is against the spirit of the law to consider negligence.
financial constraint as the primary consideration in adoption; d. The parents are solidarily liable because of their failure to observe due
c. I would grant the petition for as long as the parents give their consent; diligence in the custody of their child, since the parents should be the first teachers of
d. I would grant the petition for as long as there is a favorable recommendation their children.
of the DSWD social worker.
(Landingin v. Republic, June 27, 2006) 42. X & Y are married. They have a daughter who is 5 years old. They are living
separately in fact. Y left the custody of her child to Z, her sister and went to live with S, a
35. A has been using the name Pedro since birth although his record of birth married man. S & Y wanted to get back the custody of Z. Will the action prosper?
shows that his name is Juan. He is now 25 years old and about to take the Bar Exams.
How can he use the name Juan when he will take the Bar Exams? a. Yes. They can because parental authority is inalienable.
b. Yes. They can because a child below the age of 7 cannot be separated from to C, but when the signing of the contract came, B did not consent to the sale. During
the mother. the negotiation, they delivered the property to C. Is the sale valid?
c. No. They cannot because it would be impossible to have a moral
development of Z under an immoral environment. a. The sale is valid because a contract is valid in whatever form it may be
d. Yes. They can because in the line of preference of custody, Y has the right entered into.
to have custody over her child. b. The sale is void because it was done by A without the consent of B.
(Cervantes v. Fajardo) c. The sale is valid because the consent in the negotiation can be treated as
consent in the perfection.
43. A & B, without the benefit of marriage lived together as husband and wife. d. The sale is valid because the property has already been delivered to C.
They begot C. A, the father adopted C to elevate him to the status of legitimacy. What is
the middle name of the child? 51. A & B are married. They have a daughter C who is only 5 years of age. B,
without the consent of A went to the USA and worked as a nurse and left her daughter
a. C has no middle name because there is no law on middle name. with her parents as A is a soldier who is always out of the conjugal dwelling. Can A
b. C carries the surname of his biological mother because of customs and recover the custody of his child?
traditions of Filipinos.
c. C carries the surname of his biological mother inorder not to make it difficult a. A can recover custody of his daughter because parental authority is
for him to prove relationship to her when the issue of succession will arise. inalienable.
d. C carries the middle name of his adopting father. b. A cannot recover custody of his daughter because it may not be possible for
him to attend to her needs.
44. Jennifer was born an intersex and registered as a female. As she was c. The parents of B have a better right to take care of C considering that they
growing up, there was no development of her female sexual organ and her breast. But are affluent and the best interest of the child is of utmost importance.
there was more development of her male organ, hence, she filed a petition for correction d. A cannot recover the custody of his child because the mother’s decision is
of entries in her record of birth from female to male and to change her name from binding as the child is below the age of 7.
Jennifer to Johnny. Will the petition prosper? (Santos v. CA)

a. The petition cannot be granted because corrections sought are material 52. A & B lived together as husband and wife without the benefit of marriage.
entries. For a few months before his death, A was writing his autobiography and stated that he
b. The petition can only be granted through an adversarial proceeding. loved B so much and because of that, they decided to live together as husband and
c. The petition can be granted because if a person was born an intersex, wife, but planned to marry. At the time he was writing his autobiography, B was pregnant
he/she can choose his/her sex when he/she reaches the age of majority because what and he stated in his autobiography that he was the father of the child inside the womb of
he/she thinks and feels is what he/she is when she/he reaches the age of majority. B. He died without finishing it and failed to sign the same. Two (2) months thereafter, the
d. The petition to change her name cannot be granted because to change child C, was born, hence, B sought to register the child under the name of A but the
one’s name is a matter of privilege. Local Civil Registrar refused, hence, she filed a suit for mandamus to compel the
(Rep v. Kagandahan; Rep v. Silverio) registrar to register the child under A’s name. She testified as narrated above; D, the
father of A testified that during the lifetime of A he lived with B and she was pregnant at
45. Which is not a proof of filiation? that time. E the brother of A likewise testified along the same line. Is the action of B
correct?
a. Record of birth duly signed by the father.
b. Unprobated will which contains recognition of a child. a. The child cannot be registered under A’s name because the autobiography
c. Baptismal certificate. was not signed.
d. Revoked will containing recognition of a child. b. The child cannot be registered under A’s name otherwise, it would be easy
for a woman to vest legitimate status upon a child even if he is illegitimate.
46. A and B got married without the benefit of a license. During the marriage, A c. The child can be registered under A’s name because of the principles in the
left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for rules of evidence of pedigree declaration against interest supported by the
declaration of nullity of their marriage and moved for the suspension of the criminal autobiography and the testimonies of D & E.
case. Will the action prosper? d. The child cannot be registered under A’s name because an unsigned
document is not evidence of recognition.
a. A’s motion cannot be granted because the marriage is presumed to be valid
until nullified. 53. A, a married man had amorous relationship with B, resulting in the birth of C.
b. The motion cannot be granted as it is not a prejudicial question. C’s existence is with the knowledge of his wife and children. In fact, A and his family
c. The motion cannot be granted because A should have filed an action to were even supporting C who was welcomed in all family occasions. What is the meaning
declare the marriage void before getting married to C. of the acts of A and his family?
d. The motion will be denied because A cannot benefit out of his own a. The acts of A and his family are considered as acts of recognition.
wrongdoing. b. The acts of A can be considered as proof of filiation without need of going to
(Mercado v. Tan) court.
c. The acts of A can be considered as proofs of filiation but C has to go to court
47. A and B are married. They have properties including a family home. B and prove filiation through those overt acts.
predeceased her husband A. Before A died, he executed a will instituting his wife and d. C cannot go to court to prove filiation considering that there is no
children, C, D & E. The family home was willed unto C, hence, he is now claiming to be documentary evidence showing recognition.
the exclusive owner of the house & lot. Is C correct? (Alberto v. CA)
a. The giving of the family home to C is correct because a will is an act
whereby a person is given the right to control a certain degree the disposition of his 54. Samson, the son of a wealthy family has always claimed that since
estate to take effect after his death. childhood, he was not a boy. He played with the girls and did not mingle with the boys.
b. The act of A is not correct because the family home remains to be so as the After finishing his course at a university in the Philippines, he went to the US to take up
symbol of love and unity of the family for 10 years after the death of A. his masteral and doctorate degrees. He consulted several doctors of the possibility of
c. C acquired ownership over the family home because of the death of A, the sex transmission from that of male to that of a female. The sex transmission was done in
testator. Thailand and which was certified as successful by a medical expert in Manila, hence, he
d. A’s act is correct and the will will transmit absolute ownership to C after it claimed to be a woman. He filed a petition for correction of entry of his record of birth
shall have been probated. from male to female and his name from Samson to Delailah as he was marrying his
(Arriola v. Arriola) fiancé. The lower court granted the petition. Is the order of the court correct?

48. A, a man & B, a woman, lived together as husband and wife without the a. The order is correct because it is the right to a person to choose his/her
benefit of marriage, resulting in the birth of C. A signed the record of birth of C. Who has gender.
a better right of custody over C? b. The order is correct because a person’s status can be changed thru the
intervention of medical science due to the advances in science and technology.
a. B has a better right of custody, C being an illegitimate child. c. The order is correct as there would be no adverse effects, but rather, it
b. A has a right to have custody because he recognized the child. would redound to the benefit of Samson.
c. A has no right to have custody but he has to support C. d. The order is not correct because it wreaks havoc to the marriage law; create
d. A & B can have joint custody over C considering that A recognized the child. confusion in the civil registry and change of sex is not a ground to change one’s name.
(David v. CA)
55. A & B are married with children C & D, but were living separately from one
49. A & B are married. They have children, C & D. After A died, B gave birth to another. A got married to E and begot children, F & G. After his death, E, F & G filed a
E. the children suspected that E is not the child of their father. Who can impugn the petition for settlement of his estate. B, C &D intervened to claim their share of the estate
legitimacy of E? and contended that since F & G are illegitimate as the marriage of A & E is void, their
share is only ½ of the share of the legitimates. Is the contention correct?
a. C & D can impugn the legitimacy of E.
b. Only A can impugn the legitimacy of E. a. The contention of B, C & D that the marriage of A & E is void is not correct
c. X & Y, the parents of A can impugn the legitimacy of E. because only A & E can question the validity of their marriage.
d. C & D cannot impugn the legitimacy of E because it prescribed after A’s b. B, C & D can contest the validity of the marriage of A & E in the settlement of
death. his estate as an exception to the rule due to the law on succession.
c. There is no use to question the marriage of A & E anymore because it has
50. A & B are married. They have properties and they are governed by the become moot and academic due to A’s death.
conjugal partnership of gains. They negotiated for the sale of one (1) of their properties
d. The contention of B, C and D is not correct as they should have filed the d. All the properties acquired in their coverture shall go to the conjugal
settlement of estate of A and put up the defense of invalidity of the marriage of A and E partnership of his legally wedded relationship.
if their children would intervene.
63. A & B are married. A became a member of the US Armed Forces but when
56. A & B are married. They put into writing an agreement that they would live he came back to the Philippines he found out that his wife was cohabiting with his
separately where they can live with other partners. A went to live with C, his childhood brother. When he went back to the USA, he divorced B; then got married to C. He died
sweetheart, hence, B filed an action for legal separation invoking as ground, sexual and in the petition for settlement of his estate, B contended that she is entitled to inherit.
infidelity. Will the action prosper? Is B correct?

a. The action will prosper because of the act of A which is a ground under the a. B is correct because of the original relationship between A & B.
law. b. B is not correct because what governs the successional rights of A is his
b. The action will not prosper because of the consent of B. national law.
c. The action will prosper because the agreement is void as it is contrary to law c. B is correct because in Philippine law as A is only an American citizen from
and morals. the point of view of USA law.
d. The action will prosper because B is bound by the principle of estoppels by d. B is correct because she acquired a vested right when they got married.
deed.
64. If homosexuality is concealed, it is a ground for:
57. In the enumeration below, which is not a ground to dismiss an action for
legal separation under the law? a. Annulment of marriage;
b. Legal separation;
a. Condonation; c. Declaration of nullity of marriage;
b. Mutual guilt; d. The other spouse to live separately from the other.
c. Consent;
d. Death. 65. If a person who has been declared psychologically incapacitated, can he get
(Sy v. Eufemio) married again?

58. A & B are married. They have a house and lot at Forbes Park which was a. No, because it is a permanent incapacity.
acquired out of their incomes during the marriage. While serving as ambassador in b. Yes, because the incapacity is merely partial.
Japan, he lived with C and begot children. After his retirement, he came back to the c. No, because he cannot give his consent due to mental psychoses.
Philippines but went to live with C. He wanted to sell the house but B refused to give d. No, because he cannot comply with the essential duties to the marriage
consent, hence, he filed an action in court seeking for authority from the court to sell the bond.
property. B filed an answer with a counterclaim for legal separation. The counterclaim
was granted. Is A entitled to a share of the house and lot? 66. A & B are married. They have a 10-year old son, C. X & Y, who are
childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was
a. A does not have a share in the house and lot because he was pronounced submitted for resolution on December 15, 2010. On December 31, 2010 C was playing
the guilty spouse in the action for legal separation. with a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the
b. A can have a share in the house and lot because it was acquired through gun to D, squeezed the trigger and killed D. the petition was granted on January 10,
their joint efforts. 2011. Who are liable?
c. The court can allow the sale of ½ of the house and lot since it is co-owned
by them, sharing 50-50 when the marriage shall be dissolved. a. The parents of D can sue A & B for damages because they still had custody,
d. A is not entitled to a share of the fruits of the conjugal partnership consisting instruction and supervision over C at the time of the incident.
of the difference between the value of the property at the time it was acquired and at the b. The parents of D can sue X & Y for damages because the effects of
time of the legal separation. adoption are retroactive to the date of the filing of the petition for adoption.
c. The parents of D can sue A & B, X & Y for damages who are solidarily liable.
59. A & B are married. During the marriage B filed an action for legal separation d. The parents of D can sue C represented by his parents but his properties
alleging that A shot her and seriously wounded her resulting in her permanent disability. can be made to answer for the damages sustained.
Will the action prosper?
67. May the status of a child be the subject of a compromise or contract?
a. The action will not prosper because B did not file a criminal case for
frustrated parricide. a. Yes, provided it is freely agreed upon.
b. The action will not prosper because there is a need for conviction of A for the b. Yes, because of the principle of mutuality of contracts;
crime committed. c. No, because of public policy as paternity and filiation must be judicially
c. The action will prosper because the ground of attempt by one against the life established;
of the other spouse needs only proof by preponderance of evidence. d. Yes, because it can be left to the will of the parties.
d. The action will not prosper because the act was a frustrated act of parricide, (Uy v. Chua, September 18, 2009)
not attempted parricide. See: Arts. 2035, 1306, NCC)

60. A & B entered into an ante nuptial agreement that they would be governed 68. How many years should a person be absent in order that he may be
by the conjugal partnership of gains when they will get married. A year thereafter, they presumed dead including the opening of his succession?
got married. Can they change their property relationship during the marriage?
a. 7
a. They can enter into a contract changing their property relationship and from b. 10
its perfection, they would be bound by another property regime. c. 4
b. They can enter into a contract to change their property regime and it binds d. 2
them due to the principle of liberty of contracts.
c. They can enter into a contract changing their property regime but must file a 69. How much of their properties may the future spouses donate to one
petition in court for its approval. another?
d. They can enter into a contract changing the property relationship and be
bound thereby because of the principle of mutuality of contracts. a. 100%
(Art. 76; 136; 135, FC) b. 50%
c. 20%
61. A & B are married but due to conflicts, A left the conjugal dwelling and went d. 25%
to live with C, one of his children. Despite B’s pleas, A refused to return to the conjugal (Art. 84, Family Code)
dwelling. Can B file an action to compel A to return?
70. Is the prohibition against the spouses donating to one another during the
a. B can file an action to compel A to return to the conjugal dwelling because it marriage absolute?
is A’s duty to live with her.
b. B cannot compel A to return to the conjugal dwelling because to live together a. Yes, because it is contrary to law;
as husband and wife is a mere personal and voluntary act. b. Yes, because it is contrary to public policy;
c. B can sue A for him to return to the conjugal dwelling because the law c. No, because they can give to one another gifts during the marriage within
mandates him to live with her. their capacity to purchase.
d. B can file a petition for habeas corpus citing her children as respondents for d. Yes, because there might be under influence by one against the other.
them to produce the body of their father in court for the court to order A to return to the (Art. 87, Family Code)
conjugal dwelling.
(Ilusorio v. Bildner & Ilusorio) 71. A and B had amorous relationship resulting in the birth of C. B filed a claim
for temporary support of her unacknowledged child which she sought in an action for the
62. A & B, lived together as husband and wife while A is legally married with issuance of temporary protection order against A. Is the remedy proper?
children. They acquired properties in their coverture. After the death of A, where will his
share go? a. Yes, as an incident of the action for temporary protection order due to child
abuse under RA 9262;
a. His share of ½ of the properties shall go to the conjugal partnership in his b. Yes, because it is the duty of father to support the child;
marriage with A. c. No, the remedy is to file an action for compulsory recognition to establish
b. His share shall go to his children with A. filiation;
c. His share shall go to his children with his wife. d. Yes, to be fair to the child who never asked to be born.
(Dolina v. Vallecera, G.R. No. 182367, December 15, 2010, Abad, J)
81. What is the required age difference between the adopter and the adopted?
72. The following are the characteristics of psychological incapacity, except:
a. 15 years;
a. Juridical antecedents; b. 20 years;
b. Refusal to have sex; c. 16 years;
c. Grave; d. 14 years.
d. Incurable.
82. A and B are married. A filed a petition for adoption alone but B consented to
73. Which of the following statements is correct? the adoption by executing an affidavit of consent and testified in court giving his consent
to the adoption. Will the petition prosper?
a. A spouse who refuses to live with the other spouse can be declared as one
suffering from psychological incapacity; a. No, because it is not a joint petition;
b. A spouse who spends more time with his friends is suffering from b. No, because the requirement of a joint petition for adoption is mandatory;
psychological incapacity; c. Yes, for while the procedural statute requires a joint adoption by the
c. A spouse who has a narcissistic personality disorder is suffering from spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that
psychological incapacity; is to promote the welfare of the child;
d. A spouse who marries another during the marriages is suffering from (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369)
psychological incapacity. d. No, because adoption rules are mandatory.
(Te v. Te; Rep. v. CA, et al.)
83. Of the following statements, which is not correct?
74. What is the remedy of a spouse if the other leaves the conjugal dwelling and
refuses to return and lives with the parents? a. The guardian cannot adopt the ward before the approval of the final account
to prevent commission of fraud in handling his properties;
a. File a petition for habeas corpus; b. The guardian cannot adopt the ward because it might be used as a shield to
b. File a complaint for specific performance to compel him/her to return; commit fraud;
c. File a complaint for support; c. The guardian cannot adopt the ward to prevent any prejudice to him;
d. No remedy in court because the act of living together is a mere voluntary act d. Even before the approval of the guardians final account, the ward can be
which cannot be compelled by any proceeding in court. adopted by him to serve his best interest.
(Art. 68, F.C.; Arroyo v. Vasquez; Ilusorio v. Bildner, et al.)
84. X has a daughter Y. She left for Italy to look for a job and worked there for
75. X and Y are married. They have a daughter Z. They are living in the house 10 years but continued to support Y who was left under the custody of A and B. They
of Y’s parents, but left the house because of differences with his parents-in-law and his filed a petition for adoption but did not present evidence of consent of X contending that
wife due to her refusal to leave the house. He was prevented from visiting his child and Y has been abandoned by X. How do you think the court will decide?
the latter was prevented from seeing her father? What is the remedy of X?
a. It will grant the petition to serve the best interest of the child;
a. File a petition for habeas corpus; b. It will grant even without the consent of X due to abandonment;
b. File a complaint to compel the wife to live with her at a different place; c. It will deny due to lack of consent as there was no abandonment as she was
c. File a complaint for damages; merely impelled by financial constraints to go abroad;
d. File a complaint for damages de to abuse of right. d. It will grant because having left Y for 10 years is considered as evidence of
(Salientes v. Abanilla) abandonment.
(Landingin v. Rep., June 27, 2006)
76. A and B are married. A filed an action for declaration of nullity of their
marriage on the ground of psychological incapacity. In its judgment, the court decreed 85. Which of the following is not correct in relation to an adopted child?
that a final decree of nullity shall be issued only after there is partition, distribution of the
properties in accordance with Article 147 of the Family Code. a. He inherits like a legitimate child;
b. He cannot be preterited;
a. The order is correct because the law requires distribution, partition and c. He has the right of representation;
liquidation of the properties before the decree is issued; d. By virtue of adoption, the adopter and the adopted acquire reciprocal
b. The order is not correct because the rules in Article 147, F.C. apply only if obligations arising from their relationship.
the marriage is declared void on the ground of psychological incapacity;
c. The order is correct regardless of whether the marriage was declared void 86. A and B are married. They have an adopted child C. A died leaving as heirs,
on the ground of psychological incapacity or because it is absolutely void because of a B and C and X. the father of A. State the effect of the presence of C as far as the right of
prior marriage X to the estate of A is concerned.
a. X shall inherit as A left no legitimate child;
77. A and B are married. A, with the use of fraud, sold a parcel of land belonging b. X is excluded by the presence of C because an adopted child inherits like a
to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale legitimate child; (Art. 979(2), NCC)
void? c. X and C can inherit together but C will inherit like an illegitimate child. (Art.
343, NCC) – It has been deleted by the Family Code.)
a. No more because the action has already prescribed; d. X shall be entitled to inherit as the relationship between A and C is
b. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes
v. Roco, 4-21-10) 87. A & B are married. They have a 10-year old son, C. X & Y, who are childless
c. No, because the 4-year period to file action based on fraud has prescribed; filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for
d. No, because the buyer is a buyer in good faith and for value. resolution on December 15, 2010. On December 31, 2010 C was playing with a
neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to
78. After the heirs of an 80-year old man who disappeared for more than 5 years D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who
partitioned his properties, he re-appeared. What happens to the partition? are liable?

a. It is automatically considered void since there was no transmission of a. The parents of D can sue A & B for damages because they still had custody,
successional rights; instruction and supervision over C at the time of the incident.
b. He can file an action for nullity; b. The parents of D can sue X & Y for damages because the effects of
c. He can recover his properties in the condition in which it may be found and adoption are retroactive to the date of the filing of the petition for adoption.
the price of any property that may have been alienated. c. The parents of D can sue A & B, X & Y for damages who are solidarily liable.
d. He can recover the fruits or rents of his properties. d. The parents of D can sue C represented by his parents but his properties
(Art. 392, NCC) can be made to answer for the damages sustained.

79. A and B got married which is not correct in the following statements, PROPERTY

a. B must carry the surname of A; 88. A borrowed money from B. As security for the payment of the loan, he
b. B may carry her maiden name and surname and add her husband’s executed a chattel mortgage on the building erected on his land and the machinery
surname; stored therein. For failure to pay the loan, he was sued and a judgment was rendered
c. B may carry her maiden first name and her husband’s surname; against him, where the building and the machinery were levied upon. Is the chattel
d. B may carry her husband’s full name but prefixing a word indicating that she mortgage binding upon C, the plaintiff?
is the wife such as “Mrs.”.
(Art. 370, NCC; Yasin v. Sharia Court) a. Yes, because the contract is the law between the parties;
b. Yes, insofar as the machinery is concerned but void on the building (See:
ADOPTION Art. 415, NCC0;
c. Yes, with respect to both the building and the machinery because of the
80. What is the requirement if the husband and wife would like to adopt? principle of liberty of contracts;
d. No, C is not bound at all because he is not a party to the contract.
a. They can adopt jointly;
b. They shall adopt jointly; 89. A leased a parcel of land to B. Without A’s consent, B constructed a
c. They must adopt jointly; warehouse. What is the nature of the warehouse?
d. They may adopt jointly.
a. It is a personal property because the builder was in bad faith; (Rosales v. Castelfort)
b. It is a personal property because the builder is not the owner;
c. It is immovable because the only criterion is union or incorporation with the 98. What are the rights of a builder in bad faith?
soil. (Ladera v. Hodges (CA) 48 O.G. 4374)
d. Personal because it is a structure which can be removed by the builder. a. The builder in bad faith may demand for the reimbursement of improvements
of the land.
90. A leased a parcel of land from B. With B’s consent, A put up a manufacturing b. The builder in bad faith may demand for the payment or reimbursement for
business on the property and attached a machinery. What is the nature of the necessary expenses for the preservation of the land and value of the building.
machinery? c. The builder in bad faith as a rule has no right but he is entitled to
reimbursement for necessary expenses for the preservation of the land, not the value of
a. The machinery is always a movable property. the building.
b. The machinery is now immovable by destination. d. The builder in bad faith is entitled to reimbursement of all expenses available
c. The machinery can be considered immovable if there is a provision in the for reimbursement.
contract of lease that the same will become B’s property when the contract will expire.
d. The parties cannot change the nature of the property even by agreement. 99. A owns a house and lot which is made of concrete materials. A then sold it
(Davao Sawmills v. CA) to B for purposes of demolition. How do you classify the house?

91. The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot a. Personal property because it is subject of a contract of sale.
belonging to Mr. P for non-payment of tax. A was the highest bidder. P was not able to b. Immovable property because by reason of immobilization by destination.
redeem his property, hence, a title was issued in favor of A. He filed a motion for the c. Immovable because under Article 415 of the Civil Code, everything attached
issuance of a writ of possession over the house and lot. What is the right of Mr. P? to an immovable property in a fixed manner in such way that it cannot be separated
therefrom without breaking the material falls under immovable property.
a. A has to pay the value of the house because P is a builder in good faith. d. It is movable or personal property because a building sold to be demolished
b. A has to pay the value of the house of P considering that when he moved for may be considered personal property because the true object of the sale would be the
a writ of possession over the lot and the house, he appropriated P’s house. materials.
c. A does not have to pay the value of the house because when he became the
owner of the land, he became the owner of the accessory which is the house. 100. X leased real property situated in Malate, Manila which is owned by A.
d. A does not have to pay the value of the house because the sale of the lot During the period of lease, X introduced improvements. Upon the expiration of the lease,
implies the sale of the house. A demanded X to vacate the premises but not appropriate the improvement. Is X entitled
(Nuguid v. CA) to reimbursement of the improvements?

92. Which of the following instances treats a building/structure as an immovable a. No, because he is a builder in bad faith.
property? b. Yes, because he is considered in good faith.
c. No, because he can remove the improvements.
a. A building which is constructed on the land and the same is mortgaged apart d. Yes, to the extent only of one-half of the value of the improvements if the
from the land on which it has been built. lessor appropriates it.
b. A barong-barong built by X on his lot.
c. A building used as security in the payment of an obligation where a chattel 101. X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y’s
mortgage is executed over it. taxicab. Who owns the celphone?
d. A building bought for purposes of demolishing the same.
a. Y is the owner under the principle of finder’s keepers.
93. Whenever the current of a torrent segregates a known portion of the land b. Y is the owner as he is in actual possession.
and transfers it to another, the owner of the land to which the segregated portion c. X is the owner as he was deprived of possession.
belonged retains the ownership of it. What do you call the process? d. Y is the owner if the same is surrendered to the proper authority and the
owner did not claim the same within a period of six (6) months after publication.
a. Accretion
b. Regalia Doctrine 102. By hidden treasure is understood, for legal purposes, any hidden and
c. Alluvium unknown deposit except:
d. Avulsion
a. Money
94. River beds which are abandoned through the natural change in the course of b. Precious objects
the water belong to whom? c. Jewelry
d. Mineral deposits
a. Owners whose land are occupied by the new course in proportion to the (Art. 438 & 439)
area lost.
b. Owners whose land are occupied by the bed course in proportion to the 103. To whom does hidden treasure which is discovered belong?
length of the area lost.
c. Owners of the land adjoining the old bed in proportion to the area lost. a. Hidden treasure belongs to the owner of the land, building, or other property
d. Owners of the land adjoining the new bed in proportion to the area lost. on which it is found.
b. Hidden treasure belongs to the State because of the Regalian Doctrine in
95. A is a squatter on the land of B and constructed a house. When sued for which the full ownership of all natural resources on natural matter than may be found in
forcible entry, he asked for reimbursement from B for the improvements. Is A correct? the bowels of the earth shall belong to the State.
c. Hidden treasure belongs to the person who finds it.
a. Yes, he is entitled to the extent of the value of the improvement; d. Hidden treasure belongs to the State, owner of the land in which it is found
b. Yes, to the extent of 50% of the value of the improvement; and to its finders.
c. Yes, but only for the expenses in the preservation of the land; (Art. 449,
NCC) 104. A is the owner of a parcel of land. B, with a gadget to detect hidden treasure
d. Yes, for the value of the necessary improvement. and used the instrument to determine if hidden treasure is found in A’s land which
proved positive. With A’s consent, B extracted the hidden treasure. Is B entitled to 1/2?
96. A, B & C are the co-owners of a parcel of land. A constructed his house at
the middle of the property, such that, when they partitioned it, his house was found to be a. No, because he is not a finder by chance due to his intention;
intruding into the share of B. What is the right of B? b. No, because he should have found it by sheer luck;
c. Yes, because he is a finder by chance even if he had the intention to look for
a. A can be evicted by B. it as it is enough that he had the intention to look for it;
b. B can appropriate the portion of A’s house intruding into his share as A is a d. No, he is entitled merely to compensation for his efforts.
builder in bad faith.
c. A may compel B to buy his house. 105. Suppose in the problem above, B had a map and A is out of the country. Is
d. Since A is a builder in good faith, B may exercise the option to sell the land he entitled to ½?
or appropriate the improvement.
(Art. 448) a. No, because he is a trespasser;
b. No, because since he has a map, he is not a finder by chance;
97. A is the owner of a parcel of land covered by TCT No. 123 located in a c. Yes, since there was no prohibition for him to enter the premises, he is still a
subdivision property being developed by XYZ Corporation. He did not know the exact finder by chance as he is not a trespasser;
location of the lot, hence, he consulted the developer who pointed to a lot, hence, he d. No, because by chance means good luck.
constructed his house. It turned out that it was another lot covered by TCT No. 124. Is A
a builder in good faith? 106. A & B entered into a contract of sale over A’s car for P500,000.00. A has to
register the car first before payment and delivery. After the registration of the car, A
a. A is a builder in bad faith because he has a title over his property. called up B that the car was ready for pick up. B asked him to send his driver to deliver
b. A is a builder in good faith because, not being an expert he relied on the the car as he was going to pay before delivery. B was able to convince the driver to
representation of the developer. leave the car at his garage and will just deposit the amount with A’s account for fear that
c. A is a builder in bad faith because he should have known the boundaries of the driver might be the subject of a hold-up. Instead of depositing the amount, he sold
his property and the location of the same. the car to C. Can A recover the car from C?
d. A is a builder in bad faith because of his negligence in not asking a
geodethic engineer to determine the exact location of his property.
a. A cannot recover the car anymore because B has become the owner by d. Unenforceable
virtue of delivery.
b. A can recover the car from C because he was unlawfully deprived. 115. Which of the following is false with regard to the prescription on action to
c. A cannot recover from C because he is a buyer in good faith and for value. quiet title?
d. A’s only remedy is to file an action for sum of money against B.
a. If the plaintiff is in possession, the action to quiet title does not prescribe.
107. A ordered books from Rex Publishing worth P1M. The books were delivered b. If the plaintiff is not in possession, it may prescribe.
to him at his office and as it was a Sunday, he issued a check which was dishonored c. Whether the plaintiff is in possession or not, the action to quiet title will
when it was presented for payment. He sold the books to B. Can Rex Publishing recover prescribe.
the books?
116. What should a co-owner do inorder that he can recover expenses in the
a. Rex Publishing can recover the books because it was unlawfully deprived alteration of co-ownership?
when the check was dishonored.
b. Rex Publishing can file an action for rescission of the contract. a. Not secure the consent of the other co-owners anyway it is for the benefit of
c. Rex Publishing can file an action for sum of money against A, or file criminal the co-ownership.
cases for violation of BP22 and Art. 315, RPC. b. Secure a unanimous consent of the co-owners.
d. Rex Publishing can file an action for declaration of nullity of the contract of c. Not secure consent of the co-owners since they did not contribute for the
sale. alteration of the property.
(Edca Publishing & Distributorship Co. v. Santos) d. Secure the consent of majority of the co-owners.

108. A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in 117. The following are some of the characteristics of a co-ownership except one:
Laguna. The three (3) brothers agreed to convert the land from a riceland to a
subdivision. D, the sister disagreed. Is D’s act valid and what is the remedy of the a. A co-owner is in a sense a trustee for the other co-owners.
brothers? b. Co-ownership has judicial personality.
c. There must be more than one subject or owner.
a. No, because she is a minority co-owner, the decision of the majority prevails; d. Regarding the physical whole, each co-owner must respect each other in the
b. No, because while it is an alteration the consent of the controlling interest is common use, enjoyment or preservation of the physical whole.
merely required;
c. Yes, because it is an alteration which requires the consent of all the co- 118. Within what period should the owner of a property subject of avulsion
owners but if the refusal of C is clearly prejudicial to the common interest, the alteration recover the lost property?
may be allowed;
d. No, because it is prejudicial to their common interest. a. 2 years
b. 3 months
109. A, B and C are the co-owners of a parcel of land located in the City of Manila c. 6 months
consisting of 90 square meters. A sued B and C for partition. How do you thing the court d. 1 year
will decide?
119. A, B and C inherited a real property from their father. Subsequently, knowing
a. It will grant the action since land is basically divisible; that he is the co-owner of the said property, A mortgaged the same to D. For failure to
b. It will dismiss because the land is so small; pay, D foreclosed the same.
c. It will dismiss because the land is so small that to divide it will render it a. B and C can redeem the said property after paying the foreclosed amount.
useless for the purpose it is intended; b. A should pay B and C corresponding to the value of their respective share.
d. It will grant the action otherwise, A, B and C will be deprived of their right to c. B and C may redeem the property only to the extent of their respective
make use of the property. shares.

110. In the question above, where D refuses to agree, what would be your advice 120. A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the
to A, B and C? whole property without the consent of B and C. Is the sale valid?

a. I would advice them to file a suit to compel her to give consent; a. Yes, it is valid, because the right of alienation is one of his rights over the
b. I would advice them to sue her for damages; ideal shares in the co-ownership.
c. I would advice them to file an action for partition; b. No, it is invalid, because the consent of his co-owners is material for the sale
d. I would advice them to develop the land and leave a portion equivalent to the to be valid.
share of D. c. Yes, it is valid because the co-owners did not object when he sold his part.
(But D is entitled to a right over any party of the land.) d. No, it is invalid because a co-owner cannot sell his part to third person
without offering it first to his co-owners.
111. In the question above, A, B and C agreed to use the amount of P100M left
by their parents for the development of the land. D disagreed. Is D’s act correct? 121. In case of a conflict between two persons regarding the possession of a
certain property, which of the following rules is incorrect?
a. No, because it is prejudicial to the interest of the co-ownership;
b. Yes, because the expenditure is not a mere act of administration, but an act a. Present possessor is preferred.
of dominion; b. If both are in possession, the one longer in possession shall be preferred.
c. Yes, because the expenditure is not a mere act of administration but an act c. If possession started at the same time, the one with the title is preferred.
of dominion which needs the consent of all; d. The court shall determine who among the conflicting parties has the right of
d. No, because being trustees of one another, they are presumed to act possession.
favorably for every co-owner. (Art. 438, NCC)

112. A, B, C & D are the co-owners of a parcel of land. They agreed to orally 122. Which of the following is a characteristic of a co-ownership?
partition the property. Is the partition valid?
a. The co-ownership possess juridical personality.
a. The contract of partition is void because it was not put into writing. b. Regarding the ideal share, each co-owner does not hold any control over the
b. The contract is unenforceable because it was not put into writing. same.
c. The contract is valid because a contract can be in any form. c. A co-owner is in a sense a trustee for the other co-owner.
d. The contract is valid and enforceable because in matters of realty, the d. Regarding the physical whole, a co-owner uses and enjoys the same to the
Statute of Frauds governs only conveyances and leases and partition is not a lease; it is exclusion of the others.
not a conveyance but merely segregation of a property.
(Vda. de Reyes v. CA) 123. Which of the following is not a ground for extinguishment of a usufruct?

113. A, B & C are the co-owners of a parcel of land. They leased it to D. For a. Prescription
failure to pay the rents, A alone sued D. Will the action prosper? b. Bad use of the thing in usufruct.
c. Total loss of the thing in usufruct
a. The action will not prosper because B & C are indispensable parties. d. Non-user for 6 months.
b. The action will not prosper because of failure to implead B & C who are real
parties in interest. 124. In taking care of the thing in usufruct, what degree of diligence is required?
c. The action will prosper because anyone of the co-owners may sue for
ejectment. a. Good father of a family
d. The action will not prosper because the suit by A is not in representation of b. Utmost diligence
the co-ownership. c. Ordinary diligence
(Art. 487, NCC; Arcelona v. CA) d. Extraordinary diligence

114. What is the status of the sale of the whole property by one co-owner? 125. In 2001, A granted a usufruct over his building to B until February 23, 2011
when C, the son of B would have reached the age of 25. C died at the age of 23 in 2009.
a. Valid sale as to the whole property. What happened to the usufruct?
b. Valid sale only as to the share of the seller co-owner.
c. Sale is void on whole property as there is no consent from the other co- a. The usufruct was extinguished;
owner. b. The death terminated the usufruct;
c. The usufruct subsists because a usufruct granted for the time that may (Unisource Commercial & Dev. Corp. v. Chung, et al., G.R. No. 173252, July 17, 2009).
elapse before a third person reaches a certain age shall subsist for a number of years
specified even if the third person should die unless there is a stipulation to the contrary DONATION
(Art. 606, NCC)
d. The usufruct continues because B, the trustee is still alive. 133. When is donation deemed perfected?

EASEMENT a. Upon the signing of the deed of donation;


b. When the donor comes to know of the acceptance of the donation by the
126. A built his house on his lot up to the boundary line and opened windows with donee;
direct view over the lot of B. Twenty (20) years later, B built his house up to the c. Upon delivery of the object of donation;
boundary line of his lot, hence, A filed a complaint enjoining B from building his house d. Upon registration of the deed of donation.
up to the boundary contending that he has acquired the easement of light and view by
prescription and that B cannot build less than 3 meters from the boundary. Is A correct? 134. The deed of donation by A in favor of B states: “Donation Inter Vivos” but
there is a provision that although the land donated shall be delivered to the donee
a. Yes, because of prescription and laches; immediately upon perfection of the same with right to enjoy the fruits of the land, it will
b. No, because there was no formal prohibition by means of an instrument pass to the donee after the death of the donor. After the donor’s death, the heirs sought
acknowledged before a notary public prohibiting B from obstructing his easement of light to recover the property. Will the action prosper?
and view;
c. No, because A did not observe the 2-meter distance between the windows a. No, because since the donation is a inter vivos, it took effect driving the
since the view is direct and the lot of B (Non-observance of the distances does not give lifetime of the donor;
rise to prescription.) b. No, because the donee has acquired ownership over the property;
d. Both B and C. c. Yes, because the donation is a donation mortis causa hence, it has to
(Art. 668 and 679, NCC; Cortes v. Yutivo, 2 Phil. 24; Fabie v. Lichanco, 11 Phil. 14; Cid comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC)
v. Javier, 108 Phil. 850) d. No, because a donation inter vivos is irrevocable.

127. A tolerated B to use his land, hence, B constructed a road where his trucks 135. A executed a deed of donation in favor of B and sent it to Ilocos Norte. One
would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B month later A became insane and still insane when he received the notice of acceptance
to pay rentals but B refused contending that he has already acquired ownership over the of the donation. He died without recovering his sanity. Is the donation valid?
easement of right of way by prescription. Is B correct?
a. Yes, because at the time of the donation, he was capacitated;
a. B is correct because possession of a parcel of land for ten (10) years in b. Yes, because the acceptance can even be conveyed to his legal
good faith will ripen to ownership. representatives;
b. B is correct because of laches. c. Yes, because there is only one moment which must be considered inorder
c. B is wrong because an easement of right of way cannot be acquired by to determine the donor’s capacity to make donation, that is the time of the making of the
prescription as while it is apparent it is not however not continuous. donation (Art. 737, NCC) when he offered to donate;
d. B is correct because with the continuous use of the easement, prescription d. No, Article 737 declares that the donor’s capacity shall be determined as of
lied. the time of the making of the donation and in relation to Article 734, NCC, the law
(Bogo Medillin Sugar Milling Corp. v. CA) declares that a donation is perfected from the moment the donor knows of the
acceptance of the donation.
128. A is the owner of a parcel of land, which is a part of a subdivision property
being developed by XYZ Corporation. His lot is adjacent to the road belonging to ABC 136. State the nature of this donation: “I hereby donate to X “mortis causa” a
Corporation hence, he used to pass through the road going to the national highway. In 1000 square meter lot worth P10M subject to the condition that this donation shall be
2009, ABC Corporation constructed a fence on its property, thus closing the road. Can A deemed revoked if he fails to build a house on the land worth P1M within one (1) year
demand the reopening of the road? from date hereof and delivery shall be made after my death.”

a. A can demand for the reopening of the road because he acquired the right to a. It is a donation mortis causa as intended;
use it by prescription. b. It is a donation mortis causa since delivery will be made after death, it will be
b. A can demand for the reopening of the road because it is the nearest to the effective only from that time;
highway. c. Donation inter vivos that is conditional, the designation not controlling and
c. A cannot demand for the reopening of the road because there is an that the conditions indicate that it is inter vivos;
adequate road of the subdivision belonging to XYZ Corporation. d. Mortis causa as it will take effect after death as delivery will confer
d. A can demand for the reopening of the road because the roads of the ownership upon the done.
subdivision of XYZ Corp. where his lot is located are not yet fully developed, hence, it is
very inconvenient for him to pass thru the same. 137. “I hereby donate to A” a parcel of land subject to the condition that he will
support me for the rest of my life, shoulder my hospitalization and burial expenses.”
129. What is the test in determining whether a person may demand an easement What is the nature of the donation?
of right of way?
a. Remuneratory donation inter vivos;
a. Least prejudicial to the servient estate and the shortest distance to the b. Conditional donation inter vivos; (obligation imposed is merely a charge or
highway. burden whose value is less than the value of the thing given.)
b. Most prejudicial to the servient estate but shortest distance to the highway. c. Onerous donation inter vivos; (the obligation to defray the support, etc.
c. Creation of another way which is shortest to the highway and closing the indicates that such obligation is the consideration for the donation and vice versa. The
previous right of way. properties donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata,
d. Total inadequacy. 46 Phil. 668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC)
d. Conditional donation which can be revoked.
130. A donated a property to B, but the property is surrounded by A’s property.
What is the right of B? 138. A donated a house and lot to B orally. Since then, B has been in possession
for a period of 30 years declaring the same for taxation purposes. Is the donation valid?
a. Ask A for right of way without indemnity.
b. Ask A for right of way with indemnity. a. No, the donation is void because it was not put into writing.
c. Ask A to donate another property for B’s right of way. b. Yes, the oral donation can be the basis of a valid title because of laches.
d. Sue A for a right of way without indemnity. c. No, the donation is void because it was not put into a public instrument.
d. Yes, the donation is valid because a contract can be valid in any form.
131. In the establishment of an easement of right of way which is likened to the (Heirs of Maningding v. CA)
exercise of the power of eminent domain, the owner can validly contend that the
compensation due the owner should be computed based on the 139. A executed a deed of donation to the DECS subject to the condition that it
be devoted for educational purposes. The DECS did not accept it in the same
a. Value when the road was constructed instrument or in an authentic writing but took possession of the property and constructed
b. Date of filing the action in court a school building. Twenty (20) years thereafter, it executed a deed of exchange with B
c. Date of the judgment for a bigger property. Can A revoke the donation?
d. Value of the land and the amount of damage caused to the servient estate.
(Art. 649, NCC; Bicol Agro-Industrial Producers Cooperative, Inc. v. Obias, et al., G.R. a. A can ask for the recoveyance of the property because the donation is void
No. 172077, October 9, 2009). as it was not accepted by DECS in the same instrument.
b. A cannot ask for reconveyance because there was acceptance thru DECS
132. A & B had an agreement for A to use B’s property as a right of way. Five (5) possession and compliance with the condition.
years later, an adequate outlet was opened to a highway near A’s property, hence, B c. A can recover because DECS did not comply with the condition.
filed an action to cancel the encumbrance of voluntary easement of right of way. The d. A cannot recover because of prescription.
RTC granted. The CA may rule that: (DECS v. Del Rosarios; CPU v. CA; Rep v. Silim)

a. the RTC is correct because A has no more use of the easement. 140. May a person sell that which he does not own?
b. the RTC is correct because a voluntary easement can only be extinguished
by agreement of the parties. a. No, otherwise the sale is void;
c. the RTC is correct especially so that the dominant estate has been sold. b. No, otherwise, the seller cannot confer ownership upon the vended;
d. the RTC is correct because the servient estate has been sold. c. Yes, provided that he is the owner at the time of the delivery;
d. No, otherwise, the buyer would be prejudiced. 150. The following are the questions which a probate court can determine,
(Art. 1459, NCC) except:

141. May a person donate that which he does not own? a. Question on the identity of the will;
b. Question on the due execution of the will
a. Yes, provided that it is accepted by the donee; c. Question of validity and nature of contracts
b. Yes, provided that he can deliver it; d. Question on the capacity of the testator.
c. No, because he cannot confer ownership of something he does not own;
d. Yes, provided that the parties agree. 151. Of the enumeration below, which is not a limitation of fideicommissary
(Art. 751, NCC) substitution?

142. May an oral donation propter nuptias be the basis of a title? a. The substitution must not go beyond one degree from the heir originally
instituted (Art. 863, NCC);
a. No, because it must be in a public instrument; b. The fiduciary and the fideicommissary must be living at the time of the death
b. No, because it must be in writing; of the testator (Art. 863);
c. Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 c. The substitution can burden the legitime (Art. 864);
Phil. 459); d. The substitution must be made expressly (Art. 865).
d. No, because it is not effective as a transfer of title. (Heirs of Maningding v.
CA, 31 July 1987; Gesmundo v. CA, 23 December 1999). 152. In the will of Doña A, one of the beneficiaries is the wife of the minister who
rendered aid to the testator during the latter’s illness. Is she qualified?
143. A executed a deed of donation in favor of B who accepted it. It however
states that the donation will take effect upon A’s death and B cannot alienate, but it a. No, because of the possibility of undue influence that may have been
further states that B can register the deed and obtain a title. What is the nature of the exerted by the minister;
donation? b. No, because since the priest is disqualified, the will is a circumvention of the
prohibition;
a. Mortis causa; c. Yes, because the law extends the disqualification of priests and ministers of
b. Conditional donation inter vivos; the gospel to their relatives within the fourth degree as well as the church, order chapter,
c. Inter vivos; community or institution to which they may belong. (Art. 1027(2);
d. Conditional donation mortis causa. d. No, because what cannot be done directly, it cannot be done indirectly.
(Reasons: Acceptance clause which is required in donations inter vivos – Austria-Magat
v. CA, February 1, 02; Prohibition against alienation should be harmonized with its 153. A left a gross estate of P600,000.00 and debts amounting to P60,000.00. He
irrevocability. Said prohibition means that after the donor’s death, the donation will take was survived by his wife, three (3) legitimate children, and acknowledged illegitimate
effect so as to make the donee the absolute owner free from any lien or encumbrances.) child and an unacknowledged adulterous child. How will you divide the estate?

144. A executed a conditional donation to B who accepted it. When B failed to a. I will divide the estate giving ½ to the legitimates; ¼ to the wife and the rest
comply, A sold it to C. Is the sale valid? to the two (2) illegitimates;
b. I will distribute it by giving ½ to the legitimates; same share as one of the
a. Yes, because of automatic revocation for failure to comply with the condition; legitimates to the widow; the illegitimates will get ½ of the share of each of the
b. Yes, because A was exercising a right; legitimates;
c. No, because of the absence of automatic revocation clause; c. I will divide the estate equally among the legitimate children and the widow;
d. Yes, because he was still the owner at the time of the sale. d. I will not give the illegitimates because of the iron curtain.

145. What is the status of a conditional donation if the condition imposed is 154. The following can be considered as the rationale behind reserva troncal,
unlawful? except:

a. Donation is void because it contains an illegal condition. a. To reserve certain property in favor of certain relatives;
b. Donation is valid but the condition is considered as not imposed. b. To maintain as absolutely as possible, with respect to the property to which it
c. Donation is unenforceable. refers, a separation between the paternal and maternal lines, so that property of one line
d. Donation is voidable. may not pass to the other, or through them to strangers;
c. To prevent persons outside of a family from securing, by some accident of
146. What kind of donation requires compliance with the elements of a valid will? life, property that would otherwise remain therein;
d. To show solidarity of the family.
a. Donations mortis causa
b. Conditional donation 155. In relation to reserva troncal, the following statements are correct, except:
c. Donations inter vivos
d. Donations in consideration of marriage a. The reservista can sell the property, but subject to resolutory condition;
b. The reservatarios may rescind the contract of sale by the reservista upon the
147. What is the effect if there is an illegal and impossible condition in a simple death of the reservista;
donation? c. The reservista can sell because he acquires ownership of the reservable
property subject to the resolutory condition that there must exist at the time of his death
a. The illegality or impossibility of the condition will annul not only the condition reservatarios;
but also the obligation even if the impossible condition is a condition not to do. d. The reservista can execute a will to dispose of the property subject of
b. The illegality or impossibility of the condition will annul not only the condition reserve to his own relatives.
but also the obligation unless the impossible condition is a condition not to do. (Edroso v. Sablan, 25 Phil. 295; Lunsod v. Ortega, 446 Phil. 664)
c. The donation is valid because the illegal or impossible condition is simply
considered as not imposed. Hence, the condition is void but the donation is valid. 156. A executed a last will and testament instituting his parents, brothers and
d. The donation is unenforceable. sisters. He did not institute his wife. Is the will valid is he did not institute his wife?

NUISANCE a. The will is valid because it is A’s prerogative as to the persons whom he
wishes to institute because a will is an act whereby a person is given the right to control
148. Is a swimming pool an attractive nuisance? to a certain degree the disposition of his estate to take effect after his death.
b. The will is valid because the wife is not an heir in direct line, hence there is
a. Yes, because it is attractive to persons of tender age at play. no preterition.
b. Yes, if there are instruments and implements that make it different from an c. The will is void because the wife is a compulsory heir of A.
ordinary body of water. d. The will is valid, anyway, the wife has a share in the conjugal partnership.
c. No, because it is just a mere duplication of a body of water.
d. No, if the owner employed means to protect the lives and limbs of persons 157. One of the four (4) witnesses in the will of A is the notary public. Is the will
who enter into it. valid?
(Hidalgo Enterprises v. Bandalan)
a. The will is valid because the signature of the notary public is a mere
SUCCESSION surplusage.
b. The will us void because the notary public cannot subscribe before himself.
149. A executed a will in his handwriting with three (3) witnesses, one of whom is c. The will is valid because there is substantial compliance with the
the notary public. The probate was contested on the ground that the notary public before requirements of a will.
whom it was acknowledged was one of the witnesses. How do you think the court will d. The will is valid especially so that the law must give tender care to the will
decide? because it is the voice of the testator even after his death.
(Cruz v. Villasor)
a. It will declare the will void because there are only two (2) witnesses;
b. It will declare the will void because the notary public cannot subscribe before 158. In cases of reserve troncal, the reservista can sell the property subject of
himself; reserva. True or false?
c. It may grant the probate and consider it a holographic will
d. It will declare the will extrinsically void. a. True, but subject to resolutory condition, hence, can rescind the conrtact;
b. False, because he/she is not the owner as he holds the property merely in
trust for the reservatarios.
c. True, because having a title over it, the buyer can just rely upon the title b. C is not correct because there is substantial compliance with the
under the mirror doctrine. requirement of the law.
d. True, because from the moment of death of the descendant propositus, the c. C is correct because the incomplete date affects the integrity of the will.
reservista acquired ownership over the property subject of reserva. d. C is correct because the complete date protects the will from commission of
fraud and trickery.
159. A & B are married. They have children, C & D. C is married to X and they (Roxas v. De Jesus)
have children, Y & Z. D is married to S and they have children, T & U. He has likewise
an illegitimate child, V. Before A died he executed a will instituting his heirs including V. 167. A and B are married. They have children X, Y and Z. Before his death, A
Can V inherit from A considering that he is an illegitimate child of D? donated a parcel of land to X denominated as an irrevocable donation. He died leaving a
will but did not institute X. When the will was submitted to probate, X opposed on the
a. V cannot inherit because he is an illegitimate child of D. ground of preterition. Is X correct?
b. V cannot inherit despite his institution because of the barrier between the
legitimates and the illegitimates. a. X is correct because he is an heir in the direct line, hence, entitled to his
c. V can inherit because the iron curtain applies only in cases of intestacy. legitime.
d. V can inherit because the will of A is an act whereby he is given the right to b. X is not correct because the donation is an advance inheritance.
determine his heirs. c. X is correct because donation being irrevocable is not collationable.
d. X is correct, otherwise, it would be unfair to him being an heir of A.
160. A executed a will with B, C & D as witnesses. At the time of the subscription (De Roma v. CA)
by A, C & D on each and every page of the will, B was outside the room with an open
door. Is the will valid? 168. A executed a 5-page notarial will before a notary public and three witnesses.
All of them signed each and every page of the will. One of the witnesses was B, the
a. The will is void because it was not subscribed in his presence. father of one of the legatees to the will. What is the effect of B being a witness to the
b. The will is valid because the phrase “in the presence” does not mean actual will?
seeing but mere opportunity to have witnessed and seen the signing.
c. The will is valid because there is substantial compliance with the law. a. The will is invalidated;
d. The will is void because it requires the presence of the witnesses to prevent b. The will is valid and effective;
fraud, in the execution of the will and to protect the integrity of the will. c. The legacy given to B’s child is not valid;
d. The will is valid and the legacy will be given to B’s child because a will is the
161. X executed a will instituting his heirs. It was discovered 15 years after his voice of the testator even after death.
death, hence, the heirs consulted you whether they can still file a petition for its probate,
considering that they have already extrajudicially settled his estate. What is your advice? 169. A executed a holographic will disinheriting his eldest son for a valid and legal
reason. He did not institute his children B, C and D. Is there preterition?
a. Yes, because the probate of a will is imprescriptible as it is mandated by
public policy. a. Yes, because of the total institution of the descendants;
b. No more because it has already prescribed. b. Yes, because failure to state the ground for the non-institution of the
c. Yes because they cannot extrajudicially settle the estate due to the descendants;
existence of a will. c. No, because B, C and D shall inherit from the estate of A by the rules of
d. No more because of laches. intestacy;
d. No, because B, C and D are deemed instituted.
162. A executed a will instituting his heirs and X, his illegitimate child whom he
recognized. Before his death, he revoked the will. What is the effect of the revocation of 170. A executed a holographic will disinheriting his children B but did not institute
the will? C and D. Is there a need for the will to be probated?

a. The revocation necessarily carries with it the revocation of the recognition of a. No more, because it would be an exercise in futility as no one will inherit on
X. the basis of the will;
b. The revocation has no effect on X as the will can be used as an authentic b. Yes, because without the will being admitted to probate the disinheritance
writing as proof of filiation. shall be ineffective;
c. With the revocation of the will, X has yet to go to court and prove filiation c. Yes, because a will shall not pass any right to the heirs unless it is admitted
with the use of the will. to probate;
d. The will has no favorable effect on X because of its revocation and its non- d. Both B and C.
admission to probate.
(Art. 834, NCC; 172(1), FC) 171. When does the right of representation take place?

163. Mr. Tiok Chua executed a last will and testament. X, a niece was charged a. In the direct descending line;
with the crime of forgery alleging that she forged Mr. Chua’s signature. In the meantime, b. If there is an adopted child;
the will was admitted to probate. State the effect of the admission of the will to probate. c. In the ascending line;
d. Even in the collateral line.
a. X can still be prosecuted.
b. X can no longer be prosecuted because the admission of the will to probate 172. In fideicommissary substitution when will there be transmission of rights to
is the best evidence of its due execution. the second heir?
c. The probate of the will is res judicata to the prosecution of X.
d. X cannot be prosecuted anymore because of the presumption of innocence a. Upon the death of the testator;
especially with the probate of the will. b. Upon the death of the first heir;
(Art. 838, NCC) c. Upon the death of the last relative of the testator;
d. Upon the execution of the will by the second heir.
164. A & B are married. They have children, C & D. C has an illegitimate child, E.
A died in 2007 and B, C & D inherited from him. C, specifically inherited a house & lot 173. At the time A executed his will there was a pronouncement that he was
from A located at Ayala Alabang. C died in 2009. Who can inherit from C? insane. A week after he died, but he was already of sound mind. If the will is submitted
to probate, how do you think the court will decide?
a. B & D alone can inherit from C.
b. E cannot inherit because there is a barrier between illegitimates and a. Grant it because A was of sound mind at the time of death;
legitimates. b. Grant it because the subsequent capacity cured the defect of the void will;
c. E can inherit from C because the iron curtain does not apply to C & E. c. Deny probate because the will is void ab initio;
d. E cannot inherit considering that the only estate C left was his inheritance d. Grant it since the will is extrinsically valid and complete
from A, hence, the iron curtain still applies.
174. What do you call the act of a testator of designating a person to take the
165. A & B are married. They have a son C who is married to D with children, E & estate in case of default of the instituted heir?
F. C & D adopted G. C died in 2006. A died in 2010. Can G inherit by right of
representation? a. Substitution
b. Representation
a. G can inherit by right of representation being the son of C. c. Institution
b. G cannot inherit by right of representation because such right applies only to d. Accretion
blood relatives.
c. G can inherit by right of representation because one of the rights of an 175. In which of the following is the right of representation inapplicable?
adopted child is the right of inheritance without any distinction and discrimination.
d. G can inherit by right of representation like E & F otherwise, he would be a. In case of predecease of an heir;
deprived of his legitime resulting in unfairness. b. In case of repudiation by an heir;
c. In case of incapacity of an heir;
166. X executed a holographic will dated December 2000. After his death, A and d. In case of a valid disinheritance of an heir.
B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that
the will is not valid because it is not completely dated. 176. When is the capacity of the testator considered?

a. C is correct because the law requires that the holographic will must be a. At the time of the probate of the will;
completely dated; b. At the time of the death of the testator;
c. At the time of the execution of the will; PRESCRIPTION
d. At the time of the allowance of the will.
185. A lent money to B in 1950 payable in 1951. Despite demand, B failed to
177. A executed a will in English, but did not understand the language. If the will pay. In 2011, his daughter who recently became a lawyer sent a demand for payment to
is submitted to probate, how do you think the court will decide? B who sent a letter acknowledging the debt and asked for one (1) year to pay but failed
to pay within the extended period. A filed a complaint for sum of money. How do you
a. Deny probate because the will is void as he did not understand the think the court will decide?
language;
b. Deny because he could not have written in a language he did not a. Dismiss the action due to prescription;
understand; b. Dismiss due to laches;
c. Grant probate provided that it was explained to him in a language c. Decide for A because there was a waiver of prescription acquired by B. (Art.
understood by him; 1112, NCC);
d. Deny because of the possibility of fraud. d. Dismiss on the ground of estoppel.

178. A died without leaving a compulsory heir. Before he died, he donated his 186. In 1980, during the lifetime of A’s parents he executed a waiver of right over
properties to the church. After his death, his brothers questioned the validity of the his future inheritance in favor of his brother B. A predeceased his parents. After the
donation. Is their act correct? death of his parents in 2010, B obtained a title over the whole estate. Can A’s children
recover their father’s share?
a. Yes, because they are compulsory heirs;
b. No, because they are not compulsory heirs entitled to a legitimate; a. No, because of prescription;
c. Yes, because while the donor can donate his properties, he must leave b. No, because of laches;
something to his relatives; c. Yes, because laches cannot be set up to resist enforcement of an
d. Yes, because of the close family ties of Filipinos. imprescriptible right, hence the children can vindicate their inheritance despite the lapse
(Arellano v. Pascual, G.R. No. 189776, December 15, 2010) of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman
Injug-Tiro v. Casals, 363 SCRA 435);
179. A died leaving no compulsory heirs except his brothers and sisters of the full d. No, because they were not paties to the agreement, hence, they have no
blood and a cousin. How shall his estate be partitioned? personality. (Art. 1397, NCC).

a. The brothers and sisters and the cousin will inherit in equal shares; OBLIGATIONS AND CONTRACTS
b. The brothers and sisters will inherit in equal shares;
c. The cousin will get ½ of the share of each brother; 187. A owes B the amount of P1M. C wrote B that he would take care of the
d. The cousin is not entitled to any share not being a collateral relative who is obligation as soon as A had made shipment of copra to the USA. A failed to make the
entitled under the law of intestate succession. shipment. Is C liable?
(Arts. 1003; 1004; Arellano v. Pascual, G.R. No. 189776, December 15, 2010)
a. Yes, because he assumed the obligation voluntarily;
180. A, the son of X and Y was indebted to B in the amounted of P10M. Should b. No, because he did not assume but merely committed to take care of the
the amount be brought to collation if X and Y paid the same? debt;
c. No, because the suspensive condition did not happen;
a. No, because it is the duty of the parents to support a child; d. Both B and C.
b. Yes, because it is a donation inter vivos made to A, a compulsory heir, (Art. 1181, NCC – conditional obligation; acquisition of rights or extinguishment of
hence, an advance inheritance; obligations depend upon happening of event; Villanueva v. Girged, 110 Phil. 478)
c. No, because A is merely indebted to X and Y;
d. No, because it was not gratuitously given. 188. A and B entered into a contract for A to manufacture boxes to be used by B
(Arts. 1066 & 1069, NCC; 1061, NCC) for his export business. B paid the amount of P2M, but A failed to manufacture the
boxes despite repeated follow-up of the immediate production of the boxes. B filed a
181. X and Y sold a house and lot to their son valued at P10M for only P3M with complaint for reimbursement of the P2M.
the condition that it will be delivered after their death. After their death, should the
property be brought to collation? a. The action will not prosper because of lack of demand by B for A to fulfill his
obligation;
a. Yes, because the contract was not a sale but a donation inter vivos; b. The action will prosper because the follow-up is the equivalent of demand to
b. Yes, because it was a donation mortis causa; comply;
c. No, because it was not acquired by gratuitous title but by onerous title; c. The action will prosper because in reciprocal obligations rescission is implied
(Reyes v. CA) in case of non-performance;
d. Yes, because it was a simulated sale as the price is unusually inadequate. d. The action will prosper, otherwise, A will enrich himself at the expense of B.

182. A, while travelling in Cananda executed a will before Philippine Consul B 189. A and B entered into a compromise agreement dated April 29, 2007 and
with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. approved on July 1, 2007. It states that A will pay B the amount of P1M within one (1)
When he arrived in the Philippines he filed a petition for probate. How do you think the year from the execution of the agreement. What is the reckoning point of the one (1)
court will decide? year period?

a. It will admit the will to probate because of the doctrine of lex loci a. From the approval of the compromise;
celebrationis; b. From the receipt of the judgment based on compromise;
b. It will not admit the will to probate unless probated first in Canada; c. From the date of the execution of the compromise;
c. It will deny probate because of failure to comply with the formalities under d. 15 days after receipt of the judgment. (Santos Ventura Hocorma Foundation,
Philippine law; (Art. 17, NCC) Inc. v. Santos, 5 November 2004).
d. It will admit the will to probate because Canadian laws cannot apply in the
Philippines if proven as facts according to the rules of evidence. 190. A and B entered into a contract, subject to the condition that in case the
Senate will not concur in to the treaty, neither party will be liable. The Senate rejected it.
183. The attestation in the will of A omitted to state that the testator signed the Can A invoke force majeure or fortuitous event as a ground to exempt himself from
pages of the will in the presence of the instrumental witnesses. Can evidence aliunde be liability?
admitted to prove such fact in the probate proceeding?
a. No, because it is not an act of God;
a. Yes, to give due course to the petition for probate; b. Yes, because of the binding effect of contracts;
b. No, because such fact cannot be determined from an examination of the will c. Yes, because while the non-concurrence is foreseeable, it is beyond their
itself; control;
c. Yes, because the will of a person is his voice even after his death; (Reyes v. d. Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v.
CA) Globe Telecom, Inc. 25 May 2004; Sicam v. Jorge, 8 August 2007).
d. Yes, because the court should give tender care to the will.
(Art. 805, NCC; Uy v. Sioca, 43 Phil. 405; Tenefrancia v. Abaya, 47 O.G. No. 12, Suppl. 191. A borrowed money from Metrobank and executed a mortgage over his
P. 327 – oral evidence does not possess the reliability of an express statement in the house and lot as security. No period has been agreed upon on the date of payment.
attestation clause.) Before the lapse of ten (10) years, the bank foreclosed the mortgage. Is the bank
correct?
184. Which is not correct in the following statements:
a. Yes, because of delay in the payment of the obligation;
a. Collation is a mere mathematical operation by the addition of the value of b. Yes, otherwise the action to foreclose might prescribe;
donations made by the testator to the value of the hereditary estate; c. No, because the proper remedy is for the bank to file an action for the fixing
b. Collation is the return to the hereditary estate of property disposed of by of the period. (Art. 1197, NCC, Pacific Bank v. CA, 5 May 1989);
gratuitous title by the testator during his lifetime; d. Yes, because of the principle of solutio indebiti.
c. One of the purposes of collation is to secure equality among the compulsory
heirs in so far as it is possible and to determine the free portion after finding the legitime 192. A lent money to B with a penalty clause providing for 6% per month. In
so that inofficious donations may be reduced. (6 Manresa 406) case a suit is filed, what do you think the court will do with the penalty?
d. There must be actual return of the property donated. (Arellano v. Pascual,
G.R. No. 189776, 15 December 2010) a. It will declare it void because it is contrary to law;
b. It will declare it void because it is contrary to public policy;
c. It will reduce the penalty. (Art. 1229, NCC); participation of the debtor, hence, there is no extinguishment of the obligation. (Reyna,
d. It will declare the penalty void as it is contrary to morals. et al. v. COA, G.R. No. 167219, February 8, 2011)

193. A entered into a contract of loan with B secured by chattel mortgage. There 202. X communicated to Y that he was selling his house and lot and gave him an
was a second contract of loan secured by a real estate mortgage with the condition that option to buy the same up to the end of the month of September. Y accepted the offer
the latter will be an additional security for all obligations of A with B. For failure to pay with an agreement that Y will allow X to stay in his house in Los Angeles, California
the first, B foreclosed the chattel mortgage. Is the foreclosure proper? during Christmas time that year. Is the option binding upon X?

a. No, because of objective novation; a. The option is not binding since no payment in the form of money was
b. No, because with the execution of the second, it extinguished the first; delivered to X by Y.
c. No, because when the second was executed, the incompatibility b. The option is not binding because no property or anything of value was
extinguished the first; delivered to X by Y.
d. Yes, because there was no extinctive novation as there was no manifest c. The option is binding as the consideration can be in an undertaking.
incompatibility of the two mortgages. (People’s Bank v. Syvel’s, Inc., 11 August 1989). d. The option is not binding or void because no consideration at all was paid.
(Eulogio v. Apeles; Vda. de Quirino v. Palarca; Serra v. CA)
194. Which of the following is not correct in connection with the requisites of
rescission? 203. A was employed by ABC Co. as manager in Metro Manila subject to the
condition that if A will be severed from the company, voluntarily or involuntarily, he
a. It must be gratuitous; cannot get involved in any business of the same nature with ABC’s business in Metro
b. It must be accepted by the obligor; Manila within a period of six (6) months from severance. Is the stipulation valid?
c. The obligation must be demandable. (Art. 1270, NCC);
d. It can be unilateral. a. The stipulation is not valid because it is contrary to public policy.
b. The stipulation is not valid because it is contrary to law, as it is a restraint of
195. A owes money to B evidenced by a PN payable on A’s birthday. When A trade.
was celebrating his birthday, B put the PN inside an envelope and delivered it to A. c. The stipulation is valid because of the principle of mutuality of contracts.
What is the effect of B’s act? d. The stipulation is valid because the non-involvement clause provides for
time and place to prevent unfair competition and advantage.
a. Nothing as there was no intention to extinguish the obligation; (Tiu v. Platinum Plans, Inc.)
b. Nothing as B did not state his intention to condone the obligation;
c. The delivery of the PN implies the renunciation of the action which B had 204. When A’s obligation to B became due and demandable, A offered to pay, but
against A; (Art. 1271, NCC) refused to accept payment. State the remedies of A.
d. Nothing as condonation must be accepted.
a. A must make a tender of payment to B.
196. Is a stipulation in a contract of lease granting the lessee an exclusive right to b. A must make a tender of payment and deposit the amount in court.
renew the contract valid? c. A can go direct to court and deposit the amount due in court.
d. A must make a tender of payment, deposit the amount in court and make a
a. No, because it is violative of the principle of mutuality of contracts; subsequent notice.
b. No, because validity or compliance cannot be left to the will of only one of
the parties; 205. A & B entered into an oral contract of sale of A’s car worth P4.5M where the
c. Yes, it is fundamentally part of the consideration in the contract. (Allied Bank object was supposed to be delivered upon payment of the price. When A went to B’s
v. CA, January 16, 1998) house to pay the price, the latter refused to sell hence, a complaint for specific
d. No, it is contrary to law. performance was filed by A. will the complaint prosper?

197. The following enumeration is correct, except: a. The complaint will not prosper because the contract is not enforceable as it
is not in writing.
a. Consensual contracts are perfected by mere consent; b. The complaint will prosper because a contract can be valid in whatever form
b. Real contracts are perfected by the delivery of the object; it may be entered into.
c. All contracts are perfected by mere consent; c. The complaint will not prosper because the contract is void as it was not put
d. Even if the lessor is obliged to deliver the thing leased, it is still a consensual into writing.
contract. d. The complaint will prosper because of the principle of mutuality of contracts.
(Arts. 1315, 1316, 1654, NCC)
206. A is a contractor, building roads for the government which has not paid him
198. Consent in a contract is manifested by any of the following acts, except: P100M. Before he filed his income tax returns, he wrote a letter to the BIR
Commissioner proposing a set-off between the State and A considering that his tax
a. Delivery of downpayment; liability amounts to P10M and the State has not paid him despite demand. Is A correct?
b. Delivery of earnest money;
c. Delivery of option money; a. A is correct because the State and A are mutually debtor and creditor of
d. Delivery of a letter accepting the offer with qualification. each other.
(Art. 1319, NCC) b. A is not correct because tax is the life blood of the government.
c. A is correct, otherwise, the State would enrich itself at the expense of A.
199. The following are correct in connection with contracts of adhesion, except: d. A is not correct because a tax is different from an ordinary debt, and they are
not mutually debtors and creditors of one another.
a. Prepared by only one of the parties and the other merely affixed his
signature; 207. A is indebted to B in the amount of P2M. When the obligation became due
b. They are void as they are one sided; and demandable B delivered to A his car and A accepted it. A month later A sued B for
c. They are binding as ordinary contracts; sum of money. Can B interpose the defense of dacion en pago?
d. Due to their peculiar nature, their validity is determined in light of the a. B can interpose the defense of dacion en pago, because of the acceptance
circumstances under which the stipulations are intended. (Sps. Ermitaño v. CA, April 21, of the object.
1999) b. B can interpose the defense of extinguishment of the obligation by way of
novation.
200. An action pauliana is an action to rescind contracts in fraud of creditors. The c. B can interpose the defense of novation since the delivery of the car resulted
following are its requisites, except: in a change of relationship.
d. B cannot interpose the defense of novation because novation cannot be
a. Plaintiff asking for rescission has a credit prior to the alienation although presumed, it must be expressly agreed upon.
demandable later. (Panlilio v. Victoria, 35 Phil. 706) (Phil. Lawin Bus Co. v. CA; 1245)
b. Debtor has made a subsequent contract conveying a patrimonial benefit to a
third person. 208. A called up B that he was selling his house and lot for P10M. Within one (1)
c. Creditor has no other legal remedy. hour after B accepted the offer, he invited A for dinner at the Manila Hotel where B paid
d. The third person was not a party to the fraud. the dinner in the amount of P5,000.00. They agreed that the P5,000.00 was the
(Siquian v. Lim, November 19, 1999) downpayment. A receipt for the payment of P5,000.00 for the dinner was issued. When
A refused to sell, B sued for specific performance. Is B correct?
201. A is indebted to ABC Corporation in the amount of P100M. Despite efforts to
collect from A, the latter failed to pay due to business reverses as he has no more a. B is correct because the contract has been partially executed due to the
assets. In order to maintain a more accurate inventory of the worth of its current assets, agreement that the P5,000.00 paid for their dinner constituted the downpayment.
ABC Corp. was forced to write-off A’s obligation. One (1) year later, A won the lotto draw b. B is not correct since the contract is unenforceable as it was not put to
in the US in the amount of $100M. Learning of the good luck of A, it demanded for writing.
payment, but A refused to pay contending that his obligation was extinguished when it c. A is wrong because the contract is unenforceable as there was no payment
was written-off. Is A correct? of the price.
d. The contract is valid because it has all the elements of a valid contract.
a. A is correct because write-off is a mode of extinguishing an obligation. (Asia Productions, Inc. v. Paño)
b. A is correct because write-off is a compromise of liability.
c. A is correct because write-off is a condonation of an obligation. 209. ABS-CBN entered into a contract with WR under certain terms and
d. A is not correct because in making the write-off, only the creditor takes conditions. Both parties violated their contract, to the extent that WR transferred to
action by removing the uncollectible account from its books even without the approval or another station despite the contract.
a. No, because the contract is the law between the parties;
a. ABS-CBN can rescind the contract because of material breach committed by b. No, because of the principle of mutuality of contracts;
WR. c. Yes, because the stipulation is contrary to morals and public policy. (Cui v.
b. WR can rescind the contract due to violations committed by ABS-CBN. Arellano Univ., May 30, 1961; Art. 1306, NCC)
c. The court will not grant rescission because of mutual breach. d. No, because of the principle of solution indebiti.
d. The court will not rescind the contract, but will just temper the award of
damages in its judgment. 219. X brought a house and lot from Y valued at P5M. He paid P3M and for the
(1193) balance, he executed a promissory note with interest at 10% to be paid within 90 days.
ABC Corporation executed a surety for the balance. X failed to pay, hence, ABC paid
210. What is the remedy if a document does not reflect the true intention of the the amount and sued X for the interest and the principal. X contended that he is not
parties? bound due to novation when Y accepted the security. Is X correct?
a. File an action to annul;
b. File an action to nullify; a. Yes, because there is complete incompatibility between the PN and the
c. File an action for reformation; surety bond;
d. File an action to enforce. b. No, because the two contracts, PN and surety can stand together, the surety
being merely an accessory to the original contract;
211. Who may file an action to annul a contract? c. Yes, because of implied novation;
d. Yes, because the surety is a new and separate contract.
a. Any person; c. The State as protector of the rights of
its citizens; 220. State the effect of illegal or immoral conditions in donations con causa
b. A party primarily or subsidiarily bound; d. Heirs of a party. onerosa. (onerous donations.)
(Art. 1397, NCC)
a. The condition is considered as not imposed regardless of whether negative
212. What is the remedy of a party whose right of first refusal to buy a property or positive;
was violated? b. Since the donations are governed by the law on contracts, the impossible or
illicit conditions annul the obligation dependent upon the condition where the condition is
a. Action for declaration of nullity of the contract; c. Action for annulment; positive and suspensive;
b. Action for rescission; d. Action to declare the contract unenforceable. c. The illegal condition annulled the donation/contract even if the impossibility
(Guzman, Bocaling & Co. v. Bonnevide) merely supervened;
d. Impossible or illegal conditions do not annul totally the obligations which
213. In which of the following is a contract of sale not perfected? depend upon them.
(Art. 1183, NCC – Illegal or impossible conditions annul the obligation which depends
a. Giving of downpayment; upon them.)
b. Giving of earnest money;
c. Giving of option money; 221. A sent a document letter to B and obligated himself to give him P10M when
d. Accepting the offer. he will feel like doing it. A year later, B wanted to enforce the commitment of A. What
(Art. 1319, NCC) would be your advice if you were the counsel?

214. The following statements are correct, except: a. I would advice him to enforce it because the letter is akin to a contract;
b. I would advice him to enforce it because the letter is a source of a
a. A right of first refusal is without any consideration; demandable obligation;
b. In granting a right of first refusal, the period has yet to be determined at a c. I would not advice him to enforce since the promise is void as the
future time; performance depends upon the sole will of A; (Art. 1182, NCC)
c. In granting a right of first refusal, the amount to be paid will be determined at d. I would advice him to enforce because the letter is an express
a future time; acknowledgment of an obligation.
d. A right of first refusal must be supported by a consideration in the form of
money to be binding. (Vasquez v. CA) 222. A and B entered into a contract of sale over A’s property. The document that
evidences the contract did not state how much was paid, but A delivered the property to
215. All the statements below are correct, except: B. What is the nature of the contract?

a. An option contract is separate and distinct from the contract of sale; a. Void;
b. An option contract must be supported by consideration distinct from the b. Valid;
price; c. Unenforceable;
c. An option contract can only be supported by consideration in the form of d. Rescissible.
money; (Art. 1354, NCC, there is a presumption of consideration even if the document that
d. An option contract can be supported by consideration in the form of an evidences the contract does not state how much was paid.)
undertaking.
(Eulogio v. Apeles, January 20, 2009; Vda. de Quirino v. Palanca; Serra v. CA; Sanchez 223. A school granted scholarship to EC but subject to the condition that if he will
v. Rigos) transfer to another school, he will refund all benefits he has already enjoyed. Is the
stipulation valid?
216. A and B entered into a contract for A to construct a 20-door apartment for B.
Payment shall start after the construction of ten (10). A subsequent agreement was a. Yes, because of the principle of mutuality of contracts;
entered into that payment will start after construction of seven (7). What is the effect of b. Yes, because of the principle of relativity of contract;
the subsequent agreement? c. No, because it is contrary to morals and public policy;
d. No, because it is contrary to law.
a. It is extinguished the obligation partly because of novation; (Cui v. Arellano University)
b. It is a modificatory novation as there was a change in the principal terms and
conditions of the contract; 224. When A borrowed money from B, the latter gave him a check for P10M as it
c. It is an extinctive novation as the two (2) agreements are incompatible; was a Sunday. Was the contract of mutuum perfected?
d. It did not alter the relationship as it has no effect at all.
(Tomimbang v. Tomimbang, August 4, 2009) a. Yes, because the contract is valid in any form;
b. Yes, because the delivery of the check in an evidence of perfection;
217. A entered into a contract of sale over B’s house and lot but since there is a c. Yes, because of the principle of mutuality;
balance which remained unpaid, A executed a mortgage over the house and lot. A failed d. No, unless the proceeds of the check shall have been delivered.
to pay. Can B rescind the contract?
225. A induced B to violate his contract with C resulting in damage to C. Under
a. Yes, because of material and substantial breach; what rule is A liable for damages?
b. Yes, because there was delay in the payment of the price;
c. No, because the relationship is no longer that of buyer and seller, but a. Liability is based on contract;
mortgagor and mortgagee. b. Liability is based on crime;
d. No, because the remedy is to foreclose the mortgage, rescission not being c. Liability is based on tort;
the principal remedy, but merely subsidiary. d. there is no basis for liability of A die to lack of privity.
(Art. 1383, NCC) (Art. 1314, NCC)

CONTRACTS 226. The following are void contracts, except:

218. A, was a consistent scholar at a prestigious university enjoying free tuition a. Where the stipulation is contrary to law, public order, public policy, morals;
fees, books, clothing and housing allowances and was given a cash allowance of b. Where the object is inexistent;
P25,000.00 per month. Due to some family problems, he decided to go back to General c. Where the price or consideration is not reflected in the document that
Santos City and enrolled at Holy trinity College, but before he could obtain his evidences that contract;
credentials, he was required to refund the amount of P300,000.00 equivalent to the d. Where the stipulation refers to an impossible condition.
privileges he enjoyed as that was the condition in the scholarship grant. Can he recover (Art. 1409; 1354, NCC)
the amount? Note: There is a presumption of consideration even if the document that evidences the
contract does not reflect the price or consideration. (Art. 1354, NCC)
235. With abuse of confidence, A was able to register a real property belonging B
227. What is the nature of a contract where the buyer did not pay the price? in 1990. B discovered it in 2011. Can B file an action to recover his property?

a. Void; a. Yes, because the title of A is void;


b. Rescissible b. Yes, provided that he files an action within four (4) years from the discovery
c. Voidable; of the act of A;
d. Unenforceable. c. No, because the action has prescribed as 10 years have already passed
(Arts. 1534; 1592, NCC) since the registration of the property;
d. Yes, because there was no act of repudiation of the trust.
228. A sold his house and lot to B for P10M payable in 10 monthly installments. B
paid P9M but failed to pay the last installment. What is the remedy of A? 236. Which of the following statements is correct?

a. Can file an action to declare the contract void; a. A verbal trust on immovable is void;
b. Can file an action to rescind the contract; b. Verbal trust on immovable may be proven as the requirement that it be in
c. Can file an action to enforce and collect the balance; writing is not for its validity but for purposes of enforceability;
d. Can file an action to rescind. c. Verbal trust on immovable cannot be waive since the law requires it to be in
(Art. 1191, NCC) writing which is mandatory;
Note: Rescission is not the proper remedy, otherwise it will result in unfairness, and that d. Verbal trust on immovable cannot be proven in court as it is covered by the
the breach is not material, but slight only. Statute of Frauds.
(Penalber v. Ramos, January 30, 2009)
229. X, Y & Z entered into a contract of loan with A obligating themselves
solidarily to pay to A without need of demand on June 16. A condoned X’s obligation; Y SALES
is insolvent. How much can A collect if the amount is P900,000.00?
237. A sold a car to B on installment basis secured by a chattel mortgage over
a. The full amount because anyone of the solidary debtors can be required to the thing and a promissory note co-signed by C. A failed to pay four (4) monthly
pay. installments. Under the contract in case of non-payment, the vendor can exercise any of
b. P300,000.00 because of the condonation and insolvency of two (2) of the the remedies under Art. 1484, NCC and in case of deficiency, the seller can recover the
solidary debtors. balance. What is the remedy of A?
c. P600,000.00 by suing X & Z where Z will pay P300,000.00 plus P150,000.00
as his share in Y’s obligation and where X will pay P150,000.l00 as his share in Y’s a. A can file an action for the foreclosure of the mortgage and recover the
obligation, but with a right of reimbursement. unpaid balance because of the contract.
d. P900,000.00 chargeable against Z but with right of reimbursement. b. A can foreclose the mortgage and recover the unpaid balance because the
Chattel Mortgage Law does not prohibit recovery.
230. X and Y executed a contract of lease, which provides as follows: “In the c. A can foreclose the mortgage but cannot recover the unpaid balance
event that the lessee fails to pay on or before the due date of payment herein specified, because it is absolutely prohibited by law.
the contract is deemed automatically terminated” and the lessee can be evicted without d. A can foreclose the mortgage and can recover the unpaid balance from C
need of judicial order. Suppose that Y, the lessee fails to pay the rentals after giving a since B & C are solidarily liable.
demand letter, may X, the lessor evict Y immediately? (Art. 1484, NCC; Recto Law; Magna Financial Services, Inc. v. Colorina)
a. No, because it is a principle in law that a person cannot take the law into his
own hands. 238. A entered into a contract of sale over his undivided 1/5 of the estate of his
b. No, because judicial order is required. father during the pendency of the intestate proceeding with the condition that the same
c. Yes, because X, as the owner has a superior right to possess the property. shall be approved by the intestate court. Is the contract valid?
d. Yes, under the principle of mutuality of contract.
(By the Bay Inc. case) a. The contract is void because the right is a mere expectancy since the estate
has not yet been divided.
ESTOPPEL AND TRUST b. The contract is valid only if the court approves it.
c. The contract is valid because the condition that it be approved by the court is
231. A has in his possession B’s car. He sold it to C without the consent of B, but a mere condition for performance.
one day thereafter B sold the same car to B. Who is the owner of the car? d. The contract is void because approval of the court must be obtained before
the sale.
a. B because the sale by A to C is void; (Santos v. CA; Art. 777, NCC – not for validity)
b. C, because A’s title which he acquired from B passed to C by operation of
law; 239. A sold a parcel of land covered by TCT No. 9 to B. At the time of the sale, B
c. B because A could not have sold what he did not own; knew that C has been in possession of the parcel of land as early as 10 years before the
d. C because of estoppel. sale. B however checked with the Registry of Deeds and found the title to be clean. Is B
(Art. 1434, NCC) a buyer in good faith?

232. A & B are married. Out of the inheritance of A in the amount of P10M, they a. B is a buyer in good faith because at the time of the sale, the title was clean.
bought a house and lot and registered it under the name of B. State the relationship b. B is a buyer in good faith because he merely relied upon the face of the title.
between A & B? c. B is not a buyer in good faith because he had actual knowledge of facts and
circumstances that would impel him to make inquiry into the status of the land due to the
a. B can claim to be the exclusive owner being the registered owner. presence of C.
b. B is holding the property for the conjugal partnership since there is a d. B is a buyer in good faith because there was no annotation of C’s right if
presumption of conjugality of a property acquired by onerous title during the marriage. there be any.
c. B is holding the property in trust in favor of A. (Mirror Doctrine)
d. B can properly contend that the property shall be divided into two(2) upon
the dissolution of their marriage. 240. A is the owner of a parcel of land. He entered into a contract to sell with B
(Art. 1448, NCC) with an obligation to pay the price within one (1) year. B failed to pay. State the effect of
non-payment.
233. In 1990, A, B & C purchased a real property but agreed that the same be
registered under the name of A. In 2009, B & C asked for partition, but A contended that a. The contract is rescissible, for failure of B to pay.
he was already the exclusive owner more than 20 years on the ground of laches having b. The contract is void for failure to pay the price.
lapsed since the registration of the property under his name. Is A correct? c. A does not need to perform an act of rescission because the payment of the
price is a positive suspensive condition, the happening of which would result in A
a. A is not correct because he is merely a trustee in an express trust. executing the deed of sale.
b. A is not correct because he did not repudiate the trust, it being an express d. A can go to court and compel B to pay.
trust.
c. A is correct due to laches, B & C having kept silent for so long. 241. A & B entered into a contract of sale, A, obligating himself to deliver his
d. A is correct because one year after the registration of the property, his title house and lot to B who obligated himself to pay P2M upon delivery. B has already paid,
became indefeasible. but A has not delivered the house and lot despite demand. State the remedy of B.

234. A is the owner of a parcel of land covered by TCT No. 1. Through an oral a. B can sue A for rescission of the contract because of breach of contract.
agreement between B & A. A agreed that the property be registered under the name of b. B can sue A for rescission because of a material breach.
B so that he can use it in securing a loan with Metrobank. When A sought to recover the c. B can sue A for rescission because of lesion.
property from B, the latter refused contending that he was the owner of the same. Is the d. B can sue A for declaration of nullity of the contract.
contention of B correct?
242. What is the nature of a contract which states that in case the buyer complies
a. B is correct because his ownership is evidenced by a title. with the terms and conditions of the same, the seller shall execute and deliver to the
b. B is wrong because he is holding the property merely in trust for A. buyer a deed of sale?
c. B is correct because A cannot prove that there is trust considering that the a. Contract of sale ;
same was not put into a public instrument. b. Contract to sell;
d. A can recover and prove that there was trust even if not in a public c. Conditional sale;
instrument because the requirement is merely for purposes of convenience. d. Installment sale.
243. X and Y entered into a contract of sale over a parcel of land with an area of d. Yes, because of the liberty of contracts.
4,000 square meters more or less. When the title was issued, it was 14,475 sq. meters.
The buyer contended that he owned the whole lot of 14,475 sq. meters as it was sold in 251. A obtained a loan from B. To secure the payment of the obligation, A
lump sum, hence, the seller should deliver the whole lot. Is the buyer correct? delivered the warehouse quedans to B and authorized him to sell the sugar in case of
default. The warehouse and the sugar were burned. Who bears the loss?
a. The buyer is correct because in sale in lump sum, the whole property is sold
regardless of the area; a. B bears the loss because he became the owner of the sugar when the
b. The seller can be compelled to deliver the 14,475 sq. meters because it is quedans were delivered to him;
covered by the phrase “more or less”; b. B because of the principle of res perit domino;
c. The seller cannot be compelled to deliver the 14,475 sq. meters because the c. By reason of the principle of res perit domino A bears the risk of loss;
phrase “more or less” covers only a reasonable excess deficiency; d. B because of the constructive delivery of the sugar.
d. The seller can be required to deliver the 14,475 sq. meters because the (Delivery of the quedan was merely to secure the payment of the debt.)
numerical data are not the sole gauge of unreasonableness of the excess or deficiency
in area. CONDOMINIUM LAW; PD 957; MACEDA LAW
RA 6552
244. A, B, C, D are the co-owners of a parcel of land. A sold his undivided share
to X with the knowledge of his co-owners. One (1) year after the sale, they wanted to 252. In the following, there is no need for the issuance of a license to sell, except:
exercise the right of legal redemption, but A and X refused. Whose contention is
correct? a. Sale of subdivision lot resulting in the partition by co-owners;
b. Sale of the original purchaser of a subdivision lot or his heirs;
a. They are not entitled to exercise the right of legal redemption because the c. Sale by a subdivision developer;
30-day period has already lapsed as they knew of the sale; d. Sale of a subdivision lot for the account of the mortgagee.
b. They can exercise the right of legal redemption within 20-days from receipt (Sec. 7, PD 957)
of written notice of the sale;
c. They cannot exercise the right of legal redemption because knowledge of 253. If there is a subdivision lot buyer and there is no development and he does
the sale is not equivalent to registration hence, the 30-day period has already lapsed; not pay, to what extent can he ask for reimbursement of his payments?
d. They cannot exercise the right of legal redemption due to estoppel.
(Art. 1623; Si v. CA) a. Total amount paid;
b. 25%;
245. A sold his house and lot to B worth P1M for P100,000.00. Is the sale valid? c. 50%;
d. Total amount paid including interest but excluding delinquency interest at the
a. Yes, even if there is gross inadequacy. legal rate.
b. Voidable;
c. No, because the price is simulated. 254. The following rules are correct in case the buyer of a subdivision lot fails to
d. Unenforceable. pay the installments, except:
(Art. 1471, 1470, 1602, NCC)
a. He is given a grace period of 20 days for every year of payment;
246. A and B entered into a contract of sale over A’s house but did not reflect the b. He is entitled to 50% reimbursement of payment;
actual purchase price. What is the nature of the contract? c. There may be cancellation of the contract 30 days after receipt of notice of
cancellation;
a. Valid and relatively simulated contract but can be reformed. d. All payments are forfeited.
b. Void as there is total lack of consideration. (Sec. 24)
c. Voidable due to lack of consideration.
d. Unenforceable.
(Art. 1471; 1359; Macapagal v. Remorin, 458 SCRA 652) 255. A entered into a contract to sell over a residential lot. He has already paid
more than 2 years installments. Thereafter, he failed to pay. What right does A have if
247. A sold his house to B for an agreed price. Before it could be delivered it was the contract is cancelled?
hit by lightning and it was totally lost. State the effect of the loss.
a. He has the right of reimbursement of all his payments regardless of the
a. A bears the risk of loss as he has not yet vested ownership to B. number of years of payment;
b. A has to bear the risk of loss because he was in possession of the house at b. He has the right to seek for a grace period of 1 month for every year of
the time of loss. installment payments;
c. B bears the risk of loss as an exception to the principle of res perit domino; c. He has the right of refund of the cash surrender value of the payments on
d. A has to bear the risk of loss since he was negligent. the property equivalent to 50% of the total payments made;
(Art. 1480; 1265, NCC) d. He has the right of reimbursement of 100% of his installments after payment
Buyer assumes the risk of loss due to fortuitous event and without A’s fault before he for five (5) years.
incurs in delay. (Note: Limit of reimbursement after payment for 5 years is 90%.)
The reason is because he is also entitled to any benefit if there is an increase and vice
versa. 256. If the buyer of a subdivision lot in a contract to sell under the Maceda
Lawfails to pay after payment of at least two (2) years of installments, can he still pay
248. What is the nature of an earnest money? the balance?

a. Same as option money. a. Yes, with additional interest he can pay the unpaid installments due with a
b. It is proof of an intention to buy. grace period of one (1) month for every year of installment payments;
c. It is actually a partial payment of the purchase price and considered as proof b. Yes, without additional interest he can pay the unpaid installments with a
of the perfection of the contract. (Topacio v. CA, 211 SCRA 219; Laforteza v. Machuca, grace period of one (1) month for every year of installment payments;
333 SCRA 642) c. Yes, provided that he pays additional amount of penalty;
d. It forms part of the consideration even if the sale is not perfected or d. Yes, provided that he pays the full amount of the price.
consummated. (Chua v. CA, 401 SCRA 54) (Maceda Law)
(It forms part of the purchase price only if the sale is consummated and perfected. It is
deducted from the price.) 257. If the seller cancels the contract to sell under the Maceda Law, when will it
take effect after receipt of notice of cancellation or demand for rescission by notarial
249. A entered into a contract of sale with pacto de retro over B’s house & lot. act?
The house is valued at P10M. B failed to exercise the right to repurchase. State the
effect of B’s failure to exercise the right to repurchase. a. 10 days
b. 30 days
a. B can consolidate his ownership to become the owner. c. 20 days
b. B need not consolidate his ownership because by the mere lapse of the d. One (1) year
period to repurchase, he became the owner.
c. B cannot consolidate his ownership because that would amount to pactum 258. How often can the buyer under the Maceda Law make use of the grace
commissorium. period of one (1) month for every year of installment payments?
d. B cannot sell the property as he is the owner.
(Art. 1607, NCC) a. Every 10 years of the life of the contract and its extensions if any;
b. Every five (5) years of the life of the contract;
250. A, a practicing lawyer represented B in the intestate proceedings of his c. Every two (2) years of the life of the contracts;
father. The agreement is on a contingency basis as B did not have money to pay the d. There is no limit.
services of A. To secure the payment of B’s obligation, they executed a mortgage over Note: Down payments, deposits or options on the contract are included.
¼ of what B will receive from the estate of his father. Is the mortgage valid?
259. If the buyer under the Maceda Law has paid less than two (2) years of
a. Yes, because what is prohibited by law is sale between the client and the installments, what is the grace period he is entitled to from the date the installments
lawyer; became due?
b. Yes, because it merely serves as security for the payment of an obligation;
c. No, because even if what is prohibited by law is sale, it is a circumvention of a. 20 days;
the law; b. 60 days;
c. 30 days;
d. 40 days. a. It dissolved the partnership;
b. The assignee became a partner;
LEASE c. The assignee has the right to interfere in the management or administration
of the partnership business;
260. A & B entered into a contract of lease over A’s house and lot. Without the d. Merely gave him the right to receive his shares in the profits (Art. 1813,
consent of A, B assigned the lease to C. Is the assignment valid? NCC)

a. The assignment is valid because B has the right of possession over the 269. When may a partner who was appointed as manager in the articles of
leased property and can transfer it to anyone. partnership be removed?
b. The assignment is void because of lack of consent of A.
c. The assignment is void because the same partakes of the nature of a. May be removed at anytime;
subjective novation which needs the consent of A. b. May be removed with just or lawful cause by majority of the partners;
d. The assignment is valid since it is a property of B which can be disposed of. c. May be removed for just and lawful cause by a vote of partners representing
(Art. 1649, NCC; Rodrigo Bangan v. CA) controlling interest ;
d. May be removed by order of the court.
261. A leased his house & lot to B who subleased it to C. B failed to pay the (Art. 1800, NCC).
rentals. What does A have against C?
270. If a partnership has a capital of more than P3,000.00 and it is not registered,
a. A can sue C for the rentals. is the contract valid?
b. A can hold C liable for the rentals by suing him for ejectment.
c. A can hold C liable for the rentals, but the liability is merely subsidiary. a. Void;
d. A can never make C liable for the rentals because of lack of privity between b. Voidable;
them. c. It does not invalidate the same as among the partners so long as the
(Art. 1652, ; Wheelers’ Club Int’l. v. Bonifacio) contract has the essential requisites.
d. Unenforceable.
262. A contract of lease was entered into between A & B with a provision that it is (Sung-Chan v. Chua, August 15, 20010
for a period of 5 years renewable for another 5 years. The contract expired on June 30, The main purpose of registration is to give notice to third persons and it can be assumed
2010 but up to now, the lessee is still in possession of the premises. What does the that the members themselves knew of the contents of their contract.
implicit renewal of the contract mean?
271. In connection with the rule of mutual agency of the partners in a partnership
a. That all the provisions of the contract relative germane to possession are which of the following is not correct?
renewed. a. Partnership is liable to every partner for amounts disbursed on behalf of the
b. That the period originally agreed upon shall likewise be the period in the partnership, plus interest, from the time the expenses are made; (Art. 1796, NCC)
renewed contract. b. Unless otherwise agreed upon, all partners shall be considered agents and
c. That the right to purchase agreed upon in the original contract is impliedly whatever any one of them may do alone binds the partnership; (Art. 1803(1); Art. 1818)
renewed. c. Anyone of the partners may make important alterations on the immovable
d. That all the provisions of the original contract are carried over into the property of the partnership; (Art. 1803, NCC)
impliedly renewed contract. d. Admission or representation made by a partner concerning partnership
(Conchita Vda. de Chua v. CA) affairs is evidence against the partnership. (Art. 1820)
Note: None of them can make any alterations in the immovable property, even if useful
263. A is the owner of a parcel of land adjoining B’s lot. B, knowing that the lot did to the partnership, without the consent of the others. If the refusal is manifestly
not belong to him constructed his house on the lot belonging to A. Which of the following prejudicial to the partnership, courts’ intervention may be sought. (Art. 1803)
is the not correct?
272. When is solidary liability in partnership provided for by law?
a. A can appropriate the house without paying any compensation.
b. A can eject B. a. If there is a tortuous act committed by a partner causing damage to third
c. B is entitled to at least 50% of the value of the house in the interest of justice person.
and inorder that no one shall enrich himself at the expense of another. b. If it was the partnership that misapplied or misappropriated the money or
d. A can compel B to buy the land even if the value is considerably more than property.
the value of the improvement. c. If money was received by the agent of the partnership acting within the
(Art. 449, NCC) scope of his authority, but the same was misapplied or misappropriated.
d. All of the above.
264. A leased his house and lot to B with “option to renew.” How will the contract
be renewed? AGENCY

a. At the option of B; 273. P appointed A, his agent to manage his business in the United States of
b. At the option of A; America. A died and his son, S, managed the same until P could appoint another agent
c. Automatically; to personally take over. The agency of S is one based on:
d. Upon agreement of A and B as it must be interpreted to be reciprocal in
character where the renewal is subject to agreement of the parties. a. Ratification;
(lc & Co. & Agro-Industrial Corp. v. Huang, March 7, 2002) b. Necessity;
c. Estoppel;
PARTNERSHIP d. By operation of law.

265. A partnership begins from: 274. P appointed A, his agent for the purpose of selling the former’s car for
P500,000.00. A sold the car in his name to B. After delivery, it was found out that the car
a. The moment of the execution of the contract; has hidden defects which rendered the car unfit for the purpose of B. Can B file an
b. The moment of the notarization of the document of partnership; action against P even if A acted in his own name?
c. The registration with the SEC;
d. The moment all contributions are paid. a. No, because the legal principle than becomes applicable is caveat emptor.
(Consensual contract) b. Yes, because while the agent acted in his own name but the agency
involves a thing belonging to the principal.
266. What does the sharing of gross returns in a business undertaking mean? c. No, since in the law on agency, the Rule is that if the agent acted in his
name, the principal is bound to the third person and the third person does not become
a. Conclusive evidence of partnership; bound to the principal.
b. Prima facie evidence of partnership; d. No, because the contract is already perfected and executed.
c. Does not establish a partnership whether or not the persons sharing them (Art. 1883)
have a joint or common right in any property upon which the returns are derived.
d. Disputable presumption of partnership. 275. A special power to sell on credit includes the power to:
(Art. 1769, NCC)
a. Mortgage
267. A, B and C formed a partnership with C contributing an immovable, but no b. Sell in cash
inventory of such immovable was attached to the contract. Is the contract valid? c. Barter
d. To enter into a contract of pledge.
a. The contract is valid because a contract is valid in any form it may be
entered into; 276. In an agency to sell real property which of the following renders the authority
b. The contract is voidable; and contract of sale valid?
c. The contract of partnership is void;
d. The contract is unenforceable. a. General power of attorney, granting the agent authority to sell real property,
(Art. 1773, NCC) not put into writing.
b. General power of authority put into writing without authority to sell.
268. A, B and C are the partners. A conveyed to X his whole interest in the c. A special power of attorney put into writing authorizing the agent to sell real
partnership. What is the effect of the conveyance? property of the principal.
d. Special power of attorney couched in general terms without referring to c. No, because he has not been able to exercise the benefit of excussion;
specific acts of dominion. d. Yes, because the benefit of excussion is a right granted to him which can be
waived.
277. Under the law on agency, what is the nature of the act when an agent (Art. 2058, NCC; JN Dev. Corp. v. Philguarantee, August 31, 2005)
violates the terms of the agency and acts outside the scope of the authority vested in
him? 286. The following statements are correct, except:

a. Void; a. There can be a continuing guaranty;


b. Unenforceable; b. There can be a continuing surety;
c. Voidable; c. There can be a continuing chattel mortgage;
d. Valid and binding upon the principal. d. There can be a continuing real estate mortgage.
(Acme Rubber & Shoe Co. v. CA; China Banking Corp. v. CA)
278. Donna, authorized her friend Joyce to sell his Prada bag worth P100,000 on
installment basis. Joyce, however, sold the bag on cash in contravention of the authority LOANS
given to her. Was the sale valid?
287. A obtained a loan from Metrobank. As security, he delivered and deposit
a. No, because the agent acted beyond the scope of his authority. certificate maturing on April 29, 2011. A failed to pay, hence, the bank encashed the
b. Yes, because the sale in cash redounds to the benefit of Donna. Hence, deposit certificate. A contended that it is pactum commissorium. Is A correct?
despite violation of the authority given, the sale is valid.
c. Yes, because Donna as principal is always bound by the act of his agent, a. Yes, because the encashment is an automatic appropriation of the security;
Joyce. b. A is not correct because the bank had yet to perform an act to appropriate
d. No, because the agent violated the terms of the authority given to her. the money deposited;
c. A is not correct because the act done was a matter of compensation; (BPI v.
279. A wrote his brother B authorizing the latter to sell a parcel of land belonging CA, 232 SCRA 302; Art. 1980, NCC)
to him located in Cagayan Valley. On the strength of such letter-authority, B sold the d. A is correct because there can be no compensation since the relationship
land. Is the sale valid? between the bank and A is one of deposit.

a. No, because the letter-authority must be in a public instrument. 288. A entered into a contract whereby he obligated himself to pay B on or before
b. No, because the letter-authority must be participated in a notary public. September in the form of Australian currency. When the obligation became due and
c. Yes, because it is sufficient that the letter-authority be in writing. demandable, A delivered to B Australian currency. Is A correct?
d. No, sale in invalid.
a. B can refuse to accept the payment because the currency being offered is
280. A, B and C formed a limited partnership. They named their partnership not legal tender in the Philippines.
AB&C. In 2008, the firm incurred an indebtedness of P5M. A suit was filed for the b. A is correct in offering Australian currency because of the contract.
recovery of debt. Which of the following statements is correct? c. A is not correct because the stipulation to pay in Australian currency is void
because it is contrary to law.
a. No partnership was constituted because the word “limited” was omitted in d. A is not correct because the stipulation to pay in the form of another
the partnership name. currency is void because it is contrary to public policy. (RA 8183)
b. B and C as limited partners are liable only up to the extent of their
contributions. 289. A & B entered into a contract of loan in the amount of P1M with interest at
c. All are liable as general partners. 192% per annum. When the obligation became due and demandable B failed to pay
d. A, B and C are not liable because there was a defect in the formation of their despite demand, hence, A filed a complaint against B. On the interest rate, what is a
partnership. valid contention of B?

281. A constituted B as his agent to sell his property. B found C as the buyer who a. B can ask the court to declare it void on the ground that it is contrary to the
was willing to buy under the terms agreed upon but suddenly A changed his mind and Usury Law.
decided not to sell the property. One week later, A and C, entered into a contract of sale b. B can ask the court to declare it void and be not liable at all.
over the property. Is B entitled to commission? c. B can ask the court to delacre it void on the ground that it is unconscionable,
hence, contrary to morals and the court may fix the interest rate at its discretion.
a. No, because when A decided not to sell, his agency was terminated; d. A can contend that the interest rate is valid because of the principle of
b. No, because he was not the procuring cause; binding effect of contracts.
c. Yes, because A acted in bad faith. (Infante v. Cunanan, 49 O.G. 3320; Art. (Imperial v. Jaucian; Cir. 905-CB; Lim Law v. Onion Growers, Inc.)
19, NCC)
d. Yes, because he did not give justice to B in the exercise of his right. 290. X and Y entered into a contract. X agreed to deposit P50,000 with Y’s
(Authority was terminated.) account to make it appear that Y had sufficient capitalization in forming an incorporation.
They agreed that Y should return the money plus 12% interest within 30 days. What is
Negotiorum Gestio the nature of the contract?

282. What is not a requirement for existence of negotiorum gestio? a. Mutuum, because of the stipulation as to interest.
b. Mutuum, because Y acquired ownership upon depositing the amount in his
a. A property or business is neglected or abandoned by the owner. account.
b. A person has been constituted manager of the property or business so c. Commodatum, because Y never acquired ownership over the money as he
abandoned. was under obligation to return it and it was only for purposes of exhibiting that he had
c. The management of the owner’s business was assumed by another not an sufficient capital.
owner or manager so authorized. d. Commodatum, because the stipulation for the payment of interest did not
d. The management exists only until the incidents giving rise thereto cease. convert it to mutuum.
(Note: There is agency.)
291. Which of the following statements is not true about the dragnet clause?
283. A sold a parcel of land to B covered by TCT NO. 152 with C as a witness.
When D wanted to buy a property, he executed a special power of attorney for E to buy a. It is one specifically phrased to subsume all debts of past or future origins.
a property for him. E entered into a contract of sale with A for the purchase of the same b. It operates as a convenience and accommodation to the borrowers as it
lot and registered it under the name of D. Who between B and D has a better right over makes available additional funds without executing additional security documents.
the lot? c. It is also known as the “blanket mortgage clause”
d. It is different from a continuing mortgage clause.
a. D has a better right because of prior registration;
b. B has a better right because he is the first buyer; 292. What is a contract of precarium?
c. D has a better right because he is the buyer in good faith;
d. D has a better right because the knowledge by his agent of a prior sale is a. It is a contract by virtue of which a person called the guarantor, binds himself
immaterial. to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to
do so.
284. When is the guarantor liable for the obligation of the debtor? b. It is a contract by virtue of which a person binds himself solidarily with the
principal debtor to fulfill the obligation.
a. Once the obligation becomes due and demandable; c. It is an accessory, real and unilateral contract by virtue of which the debtor
b. Only after judgment is obtained against the principal debtor and he is unable or a third person delivers to the creditor or to a third person movable property as security
to pay; (Baylon v. CA, August 17, 1999) for the performance of the principal obligation.
c. The moment the judgment against the debtor becomes final and executory; d. It is a contract of commodatum where the bailor has the right to demand the
d. Once demand is made for both the debtor and guarantor to pay. return of the thing which is the object of the contract at will.
(JN Dev. Corp. v. Philguarantee, August 31, 2005)
293. A entered into a contract of loan with a bank. They stipulated that if there will
285. The guarantor paid the obligation of the debtor when demand is made. Can be a law or BSP circular that will allow the increase in the interest rate, the bank will
he ask for reimbursement? increase it. Is the stipulation valid?

a. No, because he is a voluntary payor; a. Yes, because of the principle of liberty of contracts;
b. No, because judgment has yet to be obtained against the debtor; b. Yes, because of the principle of mutuality of contracts;
c. No, considering that there is no corresponding de-escalation clause;
d. Yes, because the increase is not unilateral. 303. To secure the payment of his obligation, A pledged to his surety C, his car
(PNB v. CA, July 9, 1996; Equitable PCIB v. Ng, December 19, 2007) who sold the car after paying the obligation of A. The obligation was P2M but the car
was sold for only P1M. Can the surety recover the deficiency?
294. Which of the following is correct if the interest rate in a loan is void?
a. Yes, otherwise, there would be solution indebiti;
a. The contract is totally inexistent; b. Yes, no law prohibits him from doing so as he is not the direct creditor;
b. The creditor cannot recover interest at all; c. No. In the foreclosure of a pledge, if the price of the sale is less than the
c. The creditor can recover legal rate of interest; indebtedness secured by the pledge, the creditor shall not be entitled to recover the
d. The court shall rule as if no interest has been agreed upon and contrary to deficiency, notwithstanding any stipulation to the contrary.
law. d. Yes, if there is a stipulation.
(Art. 2008, 2115, NCC; Manila Surety v. Velayo, 21 SCRA 515; foreclosure is akin to
DEPOSIT sale.)

295. A checked in at ABC Hotel Corporation with his valuables. While shopping MORTGAGES
nearby, she left the room for half a day but when she went back, all his valuables were
gone as her room was ransacked with the use of force. She filed a complaint for 304. A obtained a loan from B secured by a mortgage over his house & lot. B
damages. Is the hotel keeper liable? failed to pay hence, A foreclosed the mortgage but it was sold for less than the amount
of the obligation. Can B recover the deficiency?
a. The hotel keeper is liable as depositary.
b. The hotel keeper is not liable because under the contract, it is not liable in a. A cannot recover the deficiency because the law on pledges are applicable
case of loss of things belonging to the guest for any reason. to the law on mortgages where there is a prohibition against recovery of deficiency.
c. The hotel keeper is not liable because of force majeure. b. A can recover the deficiency as there is nothing in the law that prohibits the
d. The hotel keeper is liable because it is its duty to protect the properties of its same.
guests. c. A can appropriate the object because the contract provides for it.
(Arts. 1998-2004, NCC; Topricana Hotel Case; Durban Apartments Corp. v. Pioneer d. A can sue B for sum of money and foreclose the mortgage if B cannot pay
Insurance Corp.) the judgment obligation.
(Pameca Wood Treatment Corp. v. CA; 2141, NCC)
296. A obtained P50,000.00 from B to be placed in A’s safety deposit box. What
is the nature of the contract? 305. Within what period should an action to foreclose a mortgage over real
property be filed?
a. The contract is a loan.
b. It is a contract of lease. a. Within 10 years from date of registration of the contract;
c. It is a commodatum. b. Within 10 years from the execution of the contract;
d. It is a deposit. c. Within 10 years from demand, for unless demand is prove, there can be no
default. (Nunez v. GSIS Family Bank, 17 November 2005);
297. In case of contract of deposit, the depository has the following rights or d. Within 10 years from notarization of the contract.
obligations except:
GAMBLING AND ALEATORY CONTRACTS
a. To keep the thing safely.
b. To return the thing deposited. 306. A and B are married. They have a joint account in a bank. They executed a
c. To make use of the thing deposited with the permission of the depositor. survivorship agreement that upon the death of one of them, the full amount of money in
d. To deposit the thing deposited with a third person when there is an express their account shall become the property of the survivor. Is the agreement valid?
stipulation allowing the same.
a. No, because it is a donation mortis causa which did not comply with the
298. What is the nature of the contract of rent of safety deposit boxes? formalities of the law;
b. No, it is a donation inter vivos prohibited under Article 87, Family Code;
a. Mutuum c. Yes, because it is an aleatory contract subject to an uncertain even which is
b. Commodatum death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755)
c. Deposit d. No, by reason of public policy.
d. Lease.
307. A placed a bet of P10,000.00 that San Beda would win the NCAA basketball
299. When is the hotelkeeper shall be liable for the loss of the things belonging to championship. B accepted the bet. But B refused to pay after SBC won. Is B correct?
the guests?
a. Yes, because of the principle of mutuality of contracts;
a. If the things were actually delivered or surrendered to the hotelkeeper. b. Yes, because of the principle of liberty of contracts;
b. If the guests did not sign any waiver of liability. c. No, because the law prohibits betting in basketball even if it is not a game of
c. If the hotelkeeper was notified of the valuables and the guests took the chance;
necessary measure to the care and vigilance over the same. d. Yes, because basketball is a game of skill and not of chance.
d. If the loss was due to the act of a thief done with the use of irresistible force. (Aleatory contract of gambling or betting, Art. 2013, NCC0

PLEDGE

300. A lent money to B in the amount of P3M and executed a mortgage over his
house and lot to secure the payment of the obligation with a condition that if he fails to QUASI-DELICTS
pay, A shall became the owner of the property. Is the stipulation valid?
308. A sold his car to B, but the latter failed to register the car under his name.
a. Yes, because the contract is the law between the parties; While B was driving the car, it met an accident resulting in injuries to C. Who may be
b. Yes, because of the doctrine of mutuality of contracts liable?
c. No, because it is a case of pactum commissorium;
d. Yes, because of the liberty of contracts. a. C can hold A liable alone as he is the registered owner of the car;
b. C can sue A and B as they are solidarily liable;
301. In the question above, suppose B failed to pay and A foreclosed the c. C can sue B alone as the execution of the document of sale and delivery of
mortgage. Is A entitled to the balance? the car conferred ownership upon him;
d. C can sue B, but A can file a third party complaint against B for
a. No, because the law on pledge is applicable to the law on mortgages.(Arts. reimbursement if he is adjudged liable.
2041,2087,2115,NCC) (Perez v. Gutierrez)
b. Yes, because there is no law that prohibits recovery of deficiency under the
mortgage laws; 309. A constructed a building for B. Twenty-five (25) years thereafter, the building
c. Yes, because while the law on pledge applies to the law on mortgage, the collapsed due to lack of necessary repairs resulting in the death of 10 tenants of the
same is true if there is no inconsistency between the two (2) laws. ( Pameca Word building. Who is liable?
Treatment Corp. v. CA)
d. No, because of the principle of solution indebt. a. the architect
b. A, the contractor.
302. A & B entered into a contract of pledge, where B delivered his car to A as c. the engineer
security for the payment of an obligation in the amount of P2M. For failure of B to pay d. B.
what is the remedy of A?
310. A, bus conductor killed a passenger. Is the operator civilly liable?
a. Appropriate the car as his own as provided for in the contract
b. Sell the car but must deliver to B the excess. a. Yes, based on contract, but with defense of the diligence of a good father of
c. Sell the car but cannot recover any deficiency despite the agreement. a family;
d. Sell the car and recover the deficiency because of the agreement in the b. Yes, based on quasi-delict;
contract of pledge. c. Yes, based on breach of contract of carriage, but cannot interpose the
(Arts. 2087; 2115, NCC; 2088; 2112; 1306) defense of due diligenc;
d. Yes, but subsidiary in case of insolvency of the driver. (Tamayo v. CA; 2180, NCC; PD 603, Art. 36)
(Art. 1760, 1759, NCC; - liability is primary; Maranan v. Perez, 20 SCRA 412)
DAMAGES
311. A, a seaman with a contract for two (2) years was required to disembark due
to the sale of the vessel. Within what period should he file an action to collect his unpaid 318. A and B entered into an exclusive dealership agreement over the product of
wages for one (1) year? A in the province of Tarlac. XYZ Corp. ordered such product from A, hence, he delivered
the same at its office in Tarlac. B learned about the transaction hence, he sued A for
a. Within 3 years because it is the consequence of an employer-employee damages. Is A liable?
relationship;
b. Within 10 years because there is a written contract; a. A can be liable for breach of contract.
c. Within 4 years because the action is based on injury to his rights as there b. A can be liable for abuse of right.
was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil c. A cannot be liable because he was exercising a right.
Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732); d. A is not liable, but instead, XYZ Corp. is liable for interference in contractual
d. Within 10 years because the action is based on law. relationship.
(Art. 19, NCC)
312. ABC Corp. is the owner of a hospital where Doctor A is a visiting consultant.
A conducted an operation at the hospital of a woman-neighbor but left two (2) gauzes 319. A promised marriage to B, a gainfully employed girl. Before the marriage,
inside the inscission of the patient resulting in infections and eventual death of the they agreed that B would resign from the job, hence, a week before the date set for the
patient. Who can be sued for damages? wedding, B resigned, but A did not comply with the promise of marriage. B sued A for
damages. Is A liable for damages?
a. The patient’s heirs can sue the doctor alone for his negligent act.
b. The heirs can sue the hospital alone. a. A is not liable because mere breach of promise to marry is not an actionable
c. The heirs can sue the hospital and the doctor solidarily because of the wrong.
doctrine of corporate negligence of the hospital. b. A is liable because there was an act independent of the breach of promise to
d. The heirs can sue the hospital and the doctor because the doctor is an marry.
employee, hence, they are solidarily liable. c. A is not liable because it is his right to back out from the wedding.
(Professional Services, Inc. v. Agana) d. A is not liable because it was voluntary for B to resign and that she is
presumed to take care of her own concerns.
313. A is a teacher of St. Jude elementary school. While the pupils were in class, (Art. 21, NCC)
B, one of the pupils boxed the face of C, another pupil resulting in the blindness of his
left eye. Who is liable? 320. A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month
died due to a vehicular accident. During the trial of the case filed by his heirs, the latter
a. The parents of B are liable. failed to produce his income tax returns as he never filed the same with the BIR and yet,
b. The school is liable. they were claiming for damages due to unearned income. Is the defendant liable?
c. The teacher is liable regardless of the nature of the school.
d. The teacher is not liable because the school is not a school of arts and a. The defendant is not liable for the unearned income as there was no
trades. documentary evidence to prove the same.
(Art. 218, F.C.; Amadora v. CA; Palisoc v. Brillantes; 218, 219, 221, 2180) b. The defendant is liable because testimonial evidence is sufficient to prove
the unearned income.
314. A is the owner of a car driven by B. While on his way to fetch A at his office, c. The defendant is liable because the law automatically provides for liability in
the motor vehicle met an accident resulting in the death of C, a pedestrian. He was sued case of death.
for imprudence resulting in homicide and convicted with civil indemnity in the amount of d. The defendant is liable as it is the natural consequence of his wrongful act.
P500,000.00. Who may be liable for the amount of damages? (Victory Liner v. Gamad)

a. Only B is a liable. 321. A killed B. After trial A was convicted of the crime of murder and the court
b. A & B are solidarily liable if A cannot prove the diligence of a good father of a imposed the penalty of reclusion perpetua. Which amount of civil indemnity may be
family in the selection and supervision of B. awarded by the court?
c. A is subsidiarily liable in case of insolvency of B.
d. A cannot be liable because he was not a party to the criminal action, a. P50,000.00
otherwise, he would be deprived of the right to due process. b. P75,000.00
(Art. 102 & 103, RPC) c. P3,000.00
d. P150,000.00, the actual earnings of B.
315. A is an owner of a horse. He asked B to take care of it while reviewing for
the Bar Exams. After the examination, he went to B to get back the horse but as he got 322. In an information for murder, there is no allegation of aggravating
near the horse, he was kicked by the horse on his face resulting in his blindness. He circumstances. The prosecutor, however presented evidence on the aggravating
sued B for damages. Is B liable for damages? circumstances during the trial. What for is the presentation of evidence of aggravating
circumstances if they were not alleged?
a. B is not liable because of a force majeure.
b. B is liable because at the time A was injured B was in possession of the a. To prove that the accused may be liable for moral damages.
horse. b. To prove the guilt of the accused beyond reasonable doubt.
c. A is not entitled to an award of damages because the injury is self-inflicted c. To prove that the accused is liable for exemplary damages.
being the owner of the house. d. He cannot do it because he can only prove what has been alleged in the
d. A is not entitled to damages because of his own negligence. information.
(Art. 2183, NCC; Hisole case)
323. X is the owner of a domesticated dog. He left it at his compound while at
316. ABC Corp. is a furniture manufacturing company. One weekend, the work. Y, a neighbor threw stone at the dog, trying to play with it as he used to do. The
manager and two (2) employees had an overtime to finish a work upon instruction of A, dog was hit, hence, it jumped from the compound of X and went after Y who got injured
the President. At 12:00 midnight they were through with the work, so B, the manager when he fell while running away from the dog. Is X liable for damages?
went back home driving a company car but dropped by a coffee shop to have midnight
snacks and a cup of coffee. At 1:30 a.m., he was driving the company car on his way a. X is liable as owner/possessor of the dog.
home when a motorcycle collided with the car resulting in the death of C, the motorcycle b. X is not liable because of force majeure.
rider. At the time of the collision, a woman shouted “Papa” as she was surprised by the c. X is not liable because of Y’s fault for throwing stones at the dog.
sudden collision. Who is liable for the death of C? d. X is liable but the court will temper the award of damages due to contributory
negligence of Y.
a. The company is liable because the manager was still performing his tasks. (Art. 2183, NCC)
b. B alone is liable because at the time of the accident, he was not performing
his tasks. 324. A and B entered into a contract for B to construct the house of A for P10M.
c. The company & B are solidarily liable. XYZ are partners engaged in the construction of houses. As they are friends of A, they
d. B, but in case of insolvency, the company. told him that they can construct his house for only P8M and told him to cancel the
(Castillex Industrial Corp. v. Vasquez) contract with B. He cancelled the contract with B. What is the right of B?

317. A & B are married. They have a 10-year old son, C. X & Y, who are childless a. B can sue A for breach of contract.
filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for b. B can sue XYZ partnership because of interference in contractual
resolution on December 15, 2010. On December 31, 2010 C was playing with a relationship.
neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to c. B can sue X,Y,Z for inducing A to violate his contract.
D, squeezed the trigger and killed D. The petition was granted on January 10, 2011. d. B can sue A, and XYZ partnership for breach of contract.
Who may be liable? (Art. 1314, NCC)

a. The parents of D can sue A & B for damages. 325. A had a 4-storey building which was constructed by Engineer B and at the
b. The parents of D can sue X & Y for damages because the effects of same time the contractor. After five years, the building developed cracks and its stairway
adoption are retroactive to the date of the filing of the petition for adoption. eventually gave way and collapsed due to poor quality of materials used in the
c. The parents of D can sue A & B, X & Y for damages who are solidarily liable. construction, resulting to injuries to some lessees. Who should the lessees sue for
d. The parents of D can sue C represented by his parents but his properties damages?
can be made to answer for the damages sustained.
a. A, the owner; c. Yes, being the riparian owner, he is the owner of the accretion;
b. Both A and B; d. No, because he has not possessed it for a period of 10 years.
c. B, the contractor;
d. No one because of wear and tear of the building. 333. A is the owner of a parcel of land adjoining a river. There is an accretion
formed through the natural current of the river. In 1980, his neighbor took possession of
326. ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of the accretion. In 2011, B filed an application for registration. Will the petition prosper?
a radio station verbally attacked the corporation hence, the latter sued him for damages.
Is the school entitled to moral damages? a. No, because A is the owner being the owner the land to which the accretion
is attached;
a. ABC Corp. is not entitled to moral damages because it has no nervous b. No, because the accretion is a public land;
system to feel the wounded feelings and besmirched reputation. c. Yes, having acquired it by prescription after 30 years of possession even in
b. ABC Corp. is entitled to moral damages because it has a personality that bad faith and without title;
can be maligned, tarnished or demeaned; d. No, because the title of A is imprescriptible, the accretion being covered by
c. X, the commentator can interpose the defense of truth. the phrase “more of less.”
a. No, because it cannot suffer sleepless nights.
(Filipinas Broadcasting Network, Inc. v. Ago Medical Center, etc.) 334. A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000
square meters more of less adjoining the river bank. Accretion was formed which has
327. A & B are married. B who was then pregnant by six (6) months was on board been in the possession of B in 1990, but it was disposed of by the Director of Lands to B
a bus going to the office. The vehicle met an accident resulting in injuries to B and death in s2010. Is the Director correct?
of the fetus. They sued the bus company for damages due to the death of the fetus. Is
the company liable? a. Yes, because the accretion forms part of the alienable land of the public
domain;
a. A & B are entitled to an award of compensatory damages in the amount of b. Yes, because of the Regalian Doctrine;
P50,000.00 for the death of the fetus. c. No, because it belongs to A, being the riparian owner, hence, a private land;
b. A & B can be entitled to an award of moral damages for the death of the d. Yes, because of prescription.
fetus.
c. A & B are not entitled to any amount of damages because the fetus has yet 335. A filed an application for confirmation of imperfect or incomplete title over a
to be born in order to die. parcel of land. It was dismissed. Can A re-file the same?
d. A & B are entitled to damages because the fetus had life inside the womb of
the mother which the constitution and the law protect. a. No, because of res judicata;
(Geluz v. CA) b. Yes, because the dismissal does not constitute res judicata unless
dismissed with prejudice;
328. A courted B and promised to marry her. The wedding was set on February c. No, because the dismissal means that A has not been able to establish his
14, 2011 but at the date set for the celebration. A did not appear at the church. B sued A right, hence, the second application is a fishing expedition;
for damages for breach of promise to marry alleging that all preparations have been d. No, because of lack of cause of action.
made and there were so many people who attended their scheduled wedding. She knew
however that A was married but still submitted herself to sexual desires of A. Is A liable? 336. A filed an application for confirmation of imperfect or incomplete title. B filed
an opposition alleging that the land is part of the inalienable lands of the State. Is B
a. A is not liable because mere breach of promise to marry is not an actionable correct?
wrong.
b. A is liable because he caused sleepless nights, wounded feelings to B by a. Yes, because anyone can invoke the interest of the State;
not appearing at the church. b. No, because only the State can invoke its interest;
c. B is not entitled to damages because of mutual lust. c. Yes, by reason of public policy;
d. B has to bear her own losses. d. Yes, because any Filipino is a real party in interest.
(US v. Buenaventura)
337. X is a naturalized Filipino. In 1990, he migrated to the USA and embraced
329. A raped and killed a minor girl. He was convicted after trial. He can be held American citizenship. In 2010, he returned to the Philippines and asks you whether he
liable for exemplary damages. What is the basis? can own a residential lot in Manila. What is your advice?
a. Yes, he being a former natural-born citizen, he can own up to 5,000 square
a. The basis of the award of exemplary damages is found solely in Article meters;
2230, NCC; b. No, because only former natural-born citizens can own land in the
b. Exemplary damages can only be awarded if there is more than one (1) Philippines up to 5,000 square meters in Manila;
aggravating circumstances; c. Yes, because he has the same rights as a former natural born citizen;
c. Exemplary damages can also be awarded where the circumstances of the d. Yes, otherwise, there would be a violation of the equal protection clause.
case show the highly reprehensible or outrageous conduct of the offender and to set a
public example, to serve as deterrent to elders who abuse and corrupt the youth and to 338. A, an American citizen is married to B, a Filipina. Through the pension and
protect the latter from sexual abuse. savings of A, they acquired a residential lot in Manila, but it was registered under B’s
d. The existence of aggravating circumstances. name. B sold the property to C. Can A seek to recover the property?

330. A was one of the passengers of a vessel of Sulpicio Lines that sank resulting a. Yes, because the sale is void as it was done without the consent of A;
in the death of hundreds of passengers including A. The heirs of A filed an action for b. Yes, because B as trustee, she cannot sell the property;
damages praying for compensatory, exemplary, moral damages. The brothers and c. No, because even if the property was acquired with A’s money, he cannot
sisters intervened and prayed for moral damages. Are they correct? own land in the Philippines;
a. Yes, the brothers and sisters of A are entitled to moral damages because of d. Yes, otherwise B would enrich herself at the expense of A.
the mental anguish they suffered by reason of A’s death; (Cheeseman v. CA)
b. Yes, the brothers and sisters of A are entitled because the law provides that
moral damages may be recovered in the following and analogous cases, they being 339. In the question above who can file an action to recover the property?
collateral relatives who are entitled to inherit;
c. No, only the spouse, legitimate and illegitimate descendants and ascendants a. A can recover the property because the contract of sale is void;
of A are entitled to an award of moral damages; b. The State by filing a petition for reversion;
d. The brothers and sisters of A are entitled to moral damages because of the c. The State by filing a petition for escheat;
injury suffered by them due to the act or omission of Sulpicio which was the proximate d. No one because the title is valid especially so that B is married to a Filipino.
cause of A’s death.
340. A and B are compadres. They own two (2) adjacent parcels of land covered
LAND REGISTRATION by TCT Nos. 1 and 2 respectively where they reside. With the use of fraud, A registered
the property of B under his name in 2009. Can B recover the title?
331. A and B are married. They have been in possession of an agricultural land of
the public domain as early as 1935. After their death C and D, their heirs inherited the a. No, because one (1) year after the issuance of the title, it became
same. Can they register the land? imprescriptible;
b. No, because of the indefeasible nature of the title after one (1) year from its
a. No, because the land forms part of the public domain; issuance;
b. Yes, because their predecessors have been in possession continuously, c. Yes, because the title of A is void;
openly, publicly and adversely of an alienable land of the public domain as early as June d. No, because a void act can be the root of a valid title.
12, 1945 thus, converting ipso jure the same to private land;
c. No, because of the Regalian Doctrine; 341. In the question above A sold it to C while the title is clean. C registered it
d. No, because prescription does not lie against the State. under his name. Can B recover the title?
a. No, because C is a buyer in good faith and for value as the title was clean
332. A owns a parcel of land. Through the natural current of the river, there was a when it was sold;
gradual increase in the area from 11,000 square meters to 13,000 square meters in a b. No, because of the mirror doctrine;
period of 8 years. Can A register the land? c. Yes, because C is not a buyer in good faith having closed his eyes to things
that he saw when he bought it;
a. No, because it is a public land; d. No, because of the indefeasibility of his title.
b. No, because he has not acquired it by prescription as the State is not bound
by the rules on prescription;
342. A is the owner of a parcel of land covered by a TCT No. 1. B stole the title,
forged his signature and transferred it under his name. TCT No. 2 was issued under his 351. A was able to register a mineral land under TCT No. 1 as early as 1950.
name. He sold it to C who registered under his name. When returned to the Philippine in After his death, his children B and C inherited it and sold to D. What is the remedy of the
2010, he discovered that his title was transferred to another. Can he recover the same? State if it chooses to recover it today?

a. Yes, because the title of C is void; a. File a petition for escheat;


b. No, because the title of C is valid because he is a buyer in good faith and for b. File an action for reversion which is imprescriptible (Rep v. Animas, 56
value; SCRA 499);
c. No, because even if the title of B is void, a void title can be the root of a valid c. Cannot file any action anymore because the title has become indefeasible;
title if it passes to a buyer in good faith and for value; d. Cannot recover anymore because while A’s title was void, D has acquired it
d. Yes, because the title of B being void, it cannot produce a valid title. in good faith and for value.

343. Of the following properties enumerated, which is disposable? 352. May a corporation hold or own alienable lands of the public domain?

a. Mineral land a. Yes, to become sustainable;


b. Military reservation b. Yes, because the term persons under PD 1529 is used in its generic sense
c. Forest land to include artificial persons;
d. Agricultural land c. No, it can only lease;
d. Yes, for a limited time.
344. X and Y are married. They have a son Z. When X died, Z inherited a Note: Except if it is a corporation sole. (Rep. v. IAC, 168 SCRA 165)
property covered by TCT No. 1. Z died without any issue. Y inherited it and obtained a
title. There is however no inscription of the reservable character of the property. Y sold it 353. A is the owner of a property covered by TCT No. 10. As early as 1950, he
to A who obtained a title. Y died in 2009. Can B, C and D, the reservatarios recover the knew that his title has been transferred under the name of B, but did nothing to recover
property? it, knowing that B has been in possession. Can he file an action to recover it today?

a. Yes, because the property is reserved to them by law; a. Yes, because the title is imprescriptible and indefeasible;
b. Yes, because Y could not have sold it being a mere trustee; b. Yes, because B’s title is void, hence, the action to declare it void is
c. No, because A is a buyer in good faith and for value; imprescriptible (Art. 1410, NCC);
d. Yes, because Y could not have sold that which she did not own. c. No more because of laches. While a title is imprescriptible, under certain
exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v.
345. In the problem, above, Y executed an affidavit stating the foregoing Heirs of Laruan, July 31, 1985)
circumstances. It was inscribed/registered in the day book of the register of deeds. Can d. No, because of estoppel.
the reservatarios recover? (If there is inaction or utter neglect by the owner, and the intervention of rights by third
parties may, for reason of equity, convert the claim of imprescriptibility into stale
a. No, because the title of A is indefeasible; demand.)
b. No, because A is a buyer in good faith and for value;
c. Yes, because A is not a buyer in good faith and for value, as the registration 354. If a parcel of land covered by a homestead patent is sold, what is the period
of the affidavit in the day book of the Register of Deeds is notice to the whole world; of redemption?
d. No, because the affidavit was not recorded/annotated at the back of the title.
a. Within 5 years from registration of the deed;
346. The Roponggi property of the Philippines was sought to be sold to help raise b. Within 5 years from the date of the conveyance (Sucaldito v. Montejo,
funds to finance the various economic projects of the State. If you were consulted on February 6, 1991);
this legal matter, what would be your advice? c. Within 5 years from the date of the conveyance plus one (1) year redemption
period under the Rules of Court.
a. It can be sold because it is a patrimonial property of the State; d. Imprescriptible because the sale is void.
b. It cannot be sold because it is a property of the State intended for public use (The rule is designed to protect the owner or the awardee.)
and public service;
c. It can be sold because it is a disposable property; 355. A was granted a homestead patent on April 3, 2009. On April 29, 2011, she
d. It can only be sold if the Director of Lands reclassifies it to a patrimonial sold it to C. Is the sale valid?
property.
(Laurel v. Garcia) a. Yes, because the right to sell is inherent in the right of ownership;
b. No, the sale is void as the law prohibits the sale within 5 years from the
347. May there be registration of a parcel of land already decreed in favor of issuance of the patent; (Heirs of Bajenting v. Bañez, September 20, 2006)
another? c. Yes, anyway, she can repurchase it;
d. Yes, because there is no prohibition at the back of the title.
a. Yes, due to prescription; (Even with the approval of the Director of Lands – VOID)
b. Yes, due to laches;
c. No, the land registration court has no jurisdiction to order the registration of a 356. May a person file an application for registration of a part of the reclamation
property already registered, otherwise, it is void; (MWSS v. CA, 215 SCRA 783) undertaken by a local governmental unit?
d. Yes, for as long as there is compliance with the due process clause.
(Another application is a collateral attack on the first title. (Carvajal v. CA, October 9, a. Yes, because it is an alienable land;
1997) b. Yes, because it is a private land;
c. No, because reclaimed lands of the public domain may only be leased not
348. A is the owner of a parcel of land covered by TCT No. 1. He leased it to B. sold to private parties as they retain their inherent potential as areas for public use or
When sued for ejectment, B contended that A’s title is void. Is he correct? public service. (Chavez v. Public Estates Authority, 384 SCRA 152);
d. Yes, because a local government unit is vested with a juridical capacity to
a. Yes, because if A’s title is void, he has no right to sue B for ejectment; enter into contracts.
b. No, because that is a collateral attack on A’s title; (Ownership of lands reclaimed from foreshore areas is rooted in the Regalian Doctrine.
c. Yes, because the decision on the title would be res judicata to the issue of (Republic v. Enciso, November 11, 2005))
the right to eject A;
d. Yes, because a decision on the title of A is prejudicial to the right to eject B. 357. If a parcel of land sought to be registered is located in two (2) provinces,
where should the case be filed?
349. A leased a parcel of land from B. With the consent of B, A constructed his
house. If B will file an application for registration of the land, what will happen to the a. In both provinces;
house? b. If declared for taxation purposes in one (1), then in that province;
c. If the boundary has already been determined and there are now plans for
a. It will be included in the registration as improvement thereon unless A files the two (2) provinces, then file the same in each of the provinces;
an opposition and asks that his right be annotated on the title; d. If the land has been declared for taxation purposes in one province, then, file
b. A can have it registered independently; it in the said province even if the boundary has not yet been determine. (Note: The
c. A need not file an opposition as the court will order the registration of the boundary should have been determined.)
land without the house because registration under PD 1529 applies only to land;
d. A can oppose alleging that he has a better right to register since he is in 358. In an application for land registration, there was an opposition. Can the
actual possession. oppositor pray for affirmative relief that he be declared the owner?

350. What is the remedy of an owner of a titled land in case it was registered by a. No, because he was not an applicant;
another with the use of fraud under his name? b. Yes, provided he can adduce evidence to prove his interest. (City of Manila
v. Lock, 19 Phil 324)
a. He can file an action for reconveyance within 10 years from the discovery of c. No, because there was no publication which is mandatory;
the fraud; d. No, otherwise there would be violation of the due process clause.
b. He can file an action for reconveyance within 10 years from the date of
registration since the registrant is merely holding it as a trustee. 359. Within what time should a decree of registration be reopened?
c. He can file an action for reconveyance at anytime since the title is void,
hence, the right to file the action is imprescriptible; a. Within four (4) years from the issuance of the decree of registration;
d. He has to file the action within 4 years from the discovery of the fraud. b. Within 30 days from receipt of the decree;
c. Within one (1) year from the issuance of the decree of registration; (Lopez v. 11. C
Padilla, 45 SCRA 44; Eland Phils. Inc. v. Garcia, et al., G.R. No. 173289, February 17, 12. B
2010); 13. A
d. Imprescriptible. 14. A
(Effect after 1 year even if no title has been issued by the RDO yet.) 15. B
16. C
360. What is the ground for the reopening of a decree of registration? 17. A
18. D
a. Intrinsic fraud; 19. A
b. Newly discovered evidence; 20. B
c. Actual fraud (Eland Phils. Inc. v. Garcia); 21. A
d. Mistake. 22. D
23. D
361. If the homesteader sells the property before the lapse of the 5-year 24. B
prohibition, what is the nature of the contract? 25. C
26. B
a. Voidable 27. C
b. Void by reason of public policy 28. D
c. Unenforceable 29. B
d. Rescissible 30. A
(Metropolitan Bank & Trust Co. v. Viray, G.R. No. 162218, February 25, 2010; 31. A
Prohibition is mandatory.) 32. A
33. D
362. Of the enumeration below, which is not a remedy of the mortgagee in case 34. B
the mortgagor dies? 35. A
36. B
a. File a claim against the estate; 37. D
b. Abandon the security and file a claim against the estate; 38. D
c. Foreclose the mortgage and ask for deficiency in the testate or intestate 39. C
proceeding; 40. C
d. Rely exclusively upon the mortgage and foreclose the same. 41. D
42. D
363. A and B both Filipinos, are married. They bought a property but not covered 43. B
by a title. They migrated to the USA and became American citizens. When they came 44. B
back for vacation, they filed a petition for registration of the land. Will the petition 45. B
prosper? 46. D
47. C
a. No, because they are now disqualified to own being aliens; 48. B
b. Yes, because it is just a confirmation of imperfect or incomplete title; 49. A
c. No, by reason public policy, that land in the Philippines is reserved for the 50. B
Filipinos; 51. A
d. No, in fact the State can even file an escheat proceeding. 52. E
53. E
CONFLICT OF LAWS 54. D
55. B
364. A is both a Chinese and a Japanese. While in Manila he died leaving 56. B
properties in the Philippines. Before he died, he was a domicile of Japan. How should 57. C
Philippine courts adjudicate the successional right to his estate? 58. D
59. E
a. In accordance with Chinese law because of the nationality theory; 60. D
b. In accordance with Japanese law because of the nationality theory; 61. D
c. In accordance with the domiciliary law; 62. D
d. In accordance with both laws considering that the Philippines is a third State. 63. E
(Art. 16, NCC; domiciliary law comes to the succor or rescue to the national law theory.) 64. C
65. E
365. A, an American citizen and a resident of Canada executed a will in Japan. 66. C
Which among the following is not correct if the will is submitted to probate in the 67. C
Philippines? 68. B
69. A
a. It may be made according to the formalities prescribed by American law; 70. D
b. It may be made according to the formalities prescribed by Canadian law; 71. E
c. It may be made according to the formalities prescribed by Japanese law; 72. D
d. It will not be made according to the formalities prescribed by Philippine law. 73. D
74. C
366. In the problem above, may his estate located in the Philippines be 75. C
distributed in conformity with the provision of the said will? 76. A
77. C
a. Yes, provided that the provisions conform to the order of succession and 78. C
amount of successional rights as regulated by Japanese law; 79. B
b. Yes, provided that the provisions conform to the order of succession and the 80. D
amount of successional rights as regulated by the American law; 81. A
c. Yes, provided that the provisions conform to the order of succession and 82. C
amount of successional rights as regulated by Canadian law; 83. D
d. Yes, provided that the provisions conform to the order of succession and 84. A
amount of successional rights as regulated by Philippine law. 85. A
86. C
87. C
ANSWER KEY 88. C
89. B
Civil Review 1 90. A
91. E
92. C
93. C
94. A
1. C 95. A
2. C 96. B
3. C 97. C
4. C 98. D
5. C 99. A
6. B 100. C
7. C 101. C
8. B 102. C
9. B 103. D
10. A 104. A
105. A 69. C
106. B 70. D
107. B 71. D
108. B 72. C
109. D 73. D
110. D 74. B
111. D 75. B
112. B 76. B
113. E 77. A
114. E 78. C
115. E 79. A
116. B 80. D
117. D 81. C
118. C 82. C
119. C 83. B
120. B 84. B
121. C 85. D
122. C 86. A
123. C 87. C
124. C 88. A
125. E 89. A
126. D 90. A
127. E 91. A
128. E 92. D
93. D
Civil Review 2 94. B
1. B 95. C
2. B 96. D
3. D 97. C
4. B 98. C
5. C 99. D
6. C 100. C
7. C 101. D
8. D 102. B
9. C 103. D
10. B 104. B
11. B 105. A
12. E 106. D
13. A 107. D
14. D 108. B
15. A 109. A
16. D 110. A
17. A 111. A
18. C 112. B
19. C 113. A
20. D 114. A
21. A 115. B
22. C 116. A
23. C 117. B
24. D 118. B
25. B 119. B
26. D 120. B
27. D 121. A
28. A 122. A
29. D 123. B
30. C 124. B
31. D 125. B
32. A 126. B
33. B 127. A
34. C 128. B
35. A 129. A
36. C 130. B
37. B 131. A
38. A 132. A
39. B 133. A
40. A 134. B
41. D 135. B
42. C
43. D ALBANO MCQs
44. A 1. D
45. D 2. C
46. C 3. C
47. D 4. B
48. B 5. B
49. B 6. B
50. D 7. B
51. C 8. B
52. D 9. B
53. B 10. C
54. A 11. B
55. A 12. B
56. D 13. B
57. B 14. A
58. A 15. B
59. B 16. B
60. C 17. A
61. C 18. C
62. A 19. B
63. C 20. B
64. A 21. C
65. D 22. C
66. B 23. B
67. B 24. B
68. B 25. C
26. D 120. A
27. B 121. D
28. C 122. C
29. D 123. B
30. B 124. A
31. B 125. C
32. B 126. D
33. B 127. C
34. B 128. C
35. B 129. D
36. A 130. B
37. A 131. D
38. C 132. B
39. B 133. B
40. B 134. C
41. B 135. D
42. C 136. C
43. B 137. C
44. C 138. C
45. C 139. B
46. B 140. C
47. B 141. C
48. A 142. C
49. A 143. C
50. B 144. C
51. A 145. B
52. C 146. A
53. C 147. C
54. D 148. B
55. B 149. C
56. B 150. C
57. D 151. D
58. D 152. C
59. C 153. B
60. C 154. D
61. B 155. D
62. D 156. B
63. B 157. A
64. A 158. A
65. B 159. C
66. A 160. B
67. C 161. A
68. B 162. B
69. C 163. B
70. C 164. C
71. C 165. B
72. B 166. B
73. C 167. B
74. D 168. C
75. A 169. D
76. B 170. B
77. B 171. A
78. C 172. B
79. A 173. C
80. B 174. A
81. C 175. B
82. C 176. B
83. D 177. C
84. C 178. B
85. C 179. B
86. B 180. B
87. A 181. C
88. B 182. C
89. C 183. B
90. C 184. D
91. B 185. C
92. A 186. C
93. D 187. D
94. A 188. C
95. C 189. C
96. D 190. C
97. B 191. C
98. C 192. C
99. D 193.
100. C 194. D
101. D 195. C
102. D 196. C
103. A 197. C
104. C 198. D
105. C 199. B
106. B 200. D
107. C 201. D
108. C 202. C
109. C 203. D
110. C 204. D
111. C 205. A
112. D 206. D
113. C 207. D
114. B 208. A
115. C 209. D
116. B 210. C
117. B 211. B
118. A 212. B
119. C 213. C
214. D 308. D
215. C 309. D
216. B 310. C
217. D 311. C
218. C 312. C
219. B 313. C
220. B 314. C
221. C 315. B
222. B 316. B
223. C 317. A
224. D 318. B
225. C 319. B
226. C 320. A
227. B 321. B
228. C 322. C
229. C 323. D
230. D 324. B
231. B 325. C
232. C 326. B
233. B 327. B
234. D 328. C
235. C 329. C
236. B 330. C
237. C 331. B
238. C 332. C
239. C 333. C
240. C 334. C
241. B 335. B
242. B 336. B
243. C 337. B
244. A 338. C
245. A 339. C
246. A 340. C
247. C 341. C
248. C 342. C
249. B 343. D
250. C 344. C
251. C 345. C
252. C 346. B
253. D 347. C
254. D 348. B
255. C 349. A
256. B 350. B
257. B 351. B
258. B 352. C
259. B 353. C
260. C 354. C
261. C 355. B
262. A 356. C
263. C 357. C
264. D 358. B
265. A 359. C
266. C 360. C
267. C 361. B
268. D 362. A
269. C 363. B
270. C 364. C
271. C 365. D
272. D 366. B
273. B
274. B
275. B
276. C
277. B
278. B
279. C
280. C
281. C
282. B
283. B
284. B
285. D
286. C
287. C
288. B
289. C
290. C
291. D
292. D
293. C
294. C
295. C
296. D
297. C
298. D
299. C
300. C
301. C
302. C
303. C
304. B
305. C
306. C
307. C
rjs