MOCK BAR EXAMINATION QUESTIONS IN CIVIL LAW 1 1. A executed a will consisting of ten pages.

At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition. a. The testator and the instrumental witnesses must sign. b. The defect is fatal if there is failure to have the original signatures. c. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitted. d. The will should not be admitted. 2. A, a minor, executed a last will and testament. He died at the age of 21, after which his will was submitted to probate. If you were the judge, would you approve it? a. b. c. d. Yes, because the will is valid. Yes, because the testator is capacitated. No, because the will is void. No, because the will is not in accordance with law.

3. The attestation clause of X’s will do not contain his signature. At its probate, it is being opposed on that basis. Is the opposition correct? Choose the best answer. a. b. c. d. Yes, because it is fatal defect. Yes, the will is not valid. No, attestation clause is not an act of the testator. No, attestation clause is not a part of a will.

4. After A has executed a will, he tore it out of anger because B and C were disputing the fact that a house and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not. a. b. c. d. The mere act of A is immaterial The tearing of the will may amount to revocation The tearing of the will may amount to revocation if coupled with intent of revoking it. The act of tearing the will is material.

5. What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best answer. a. b. c. d. No, transmission of right from the first heir to the second. No right of representation The right shall be transmitted to the heirs of the second heir. None of the above.

6. Suppose the reservista is survived by the uncles and aunts and by the nephews and nieces of the propositus, who shall be entitled to the property reserved? Choose the best answer. a. The uncles and aunts shall inherit the property b. The nephews and nieces of the decedent survive and are willing and qualified.

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c. The uncles and nephews shall inherit together. d. The aunts and nieces shall inherit together. 7. X and Y are married. The marriage was contracted under articulo mortis, and the testator died within 3 months from the time of marriage. What is X’s share of his spouse’s inheritance? Choose the best answer. a. The surviving spouse shall inherit the whole hereditary estate. b. The surviving spouse shall inherit ½ of the estate. c. The surviving spouse shall inherit 1/3 of the estate. d. The surviving spouse shall inherit ¾ of the estate. 8. X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his inheritance from his father. Upon X’s death, will the right of accretion apply? a. b. c. d. Yes, A may renounced his inheritance from his father. Yes, the right of accretion applies. No, because the renunciation is void. No, because the renunciation is not in writing.

9. A repudiated his inheritance from his father. Can he be represented by his son, B? a. b. c. d. Yes, repudiation do not affect right of representation. No, because heirs who repudiate their share may not be represented. Yes, because the act of repudiation is contrary to public policy. None of the above.

10. If a compulsory heir is disinherited, is it limited to his legitime? a. b. c. d. No, it also covers the free portion. Yes, it is limited only to his legitime. Disinheritance affect only the free portion but not the legitime None of the above.

11. Rights to succession are transmitted: a. b. c. d. On date of last will and testament On probate of will On death of testator On date of death of surviving heir

12. What law shall determine the validity of a will? a. b. c. d. The national law of testator The law at the time it is made The law at the time of probate of the will The law at the time of death of the testator

13. A holographic has no date except one found on the first page, is the will valid? a. Yes, because the law does not specify the place where the date should be placed. b. No, because the date should be after the signature of the testator. c. No, because it did not follow the requirements of law.

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Yes. the source of the obligation is: a. or some of compulsory heirs in the direct line whether living at the time of the execution of the will or born after the death of the testator shall: a. a. d. 15. In favor of another heir In favor of testator or any other person In favor of the state In favor of a legatee 16. What are the objectives of Probate proceedings? 3 . b. d. Yes. because a forgery is a criminal action. b. 20. because the intention of the testator must be respected. the probate court has no jurisdiction. Disposition captatoria means that the heir shall make provisions in his will: a. c. Yes. because the probate of the will is a justifying circumstance. b. c. because the testator is still living. if the bailee was negligent in the use of the thing borrowed. because this is a statutory right. 14. d. Yes. if the extraordinary expense arose out of the actual use of the thing. because the best and only evidence of the handwriting is the will itself. b. or all the compulsory heirs. may a case for forgery be filed against an instituted heir? a. because secondary evidence may be presented. can it still be probated? a. No. d. c. No. After the probate of a will. c. No. even if the cause of the expense was the fault of a third person. Law Contracts Quasi-contracts Quasi-delicts 19. No.d. because the probate of the will is an evidence of its due execution and authenticity. The bailee has the right to be reimbursed in full for advances he made for extraordinary expenses of preservation of the subject matter in commodatum. b. c. When an injury or damage is caused to another. c. Make the will voidable Make the will void Annul the institution of heirs Make the will unenforceable 17. there being fault or negligence and there is no pre-existing contractual relation between the parties. b. In case a holographic will is lost. d. 18. he gave notice to the bailor before he incurred the expense. d. No. Preterition or omission of one. some.

Probate proceedings seek to establish the identity of the will. if the amount borrowed is very large. After X’s death and the probate of his will. Origin Propositus Reservista Reservatorios 25. a. because X is no longer the owner of the conveyed properties. Falsification of public document. No. Yes. d. true and existing cause expressly stated. c. b. Both b and c are correct. d. Yes. The disinherited heir must be clearly identified and the will is not revoked. he is the legal representative. Probate seeks to determine whether the will is formally valid. b. d. he is a voluntary heir. d. 21. Probate seeks to determine whether the will is intrinsically valid. 22. b. d. Can C represent B in the inheritance of A? a. Both a and b are correct. 23. are the conveyed properties subject to collation for determination of the heirs’ legitime? a. Must be total and complete and said cause stated in the will. A has a son B and the latter adopted C. What crimes committed by a convict will disqualify him as an instrumental witness to a will? a. its genuineness and due b. a and b 24. c. Slander by deed. No. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. This party in a reserva troncal is the descendant (brother or sister) whose death gives rise to the reserve and from whom therefore the third degree is counted is known as: a. No. Disinheritance is the process or act through testamentary disposition of depriving in a will any compulsory heir of his legitime for true and lawful causes. The borrower in a contract of loan or mutuum must pay interest to the lender. c. No. c. c. if the lender so demands at the maturity date. if there is an agreement in writing to that effect. c. b. as a matter of course. he is a compulsory heir. 26. 4 .a. The requisites are: a. Perjury and false testimony. there is no blood relationship between A and C. execution. because there was no gratuitous conveyance. and the testamentary capacity of the testator. Must be a valid will with legal. All of the above. B predeceased his father. d. e. b. b.

In reserve troncal the relatives within third degree coming from the same line inherit from: a.c. Descendant propositus Reservista Origin Testator 33. c. One of the voluntary heirs objected because joint probate is invalid. a. it is an accessory penalty. it only prohibits disposition of property inter vivos. forgery is a criminal action. this is a statutory right. No. Yes. c. Yes. A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. b. No. No. Will this action prosper? a. because practicable considerations dictate the joint probate of the wills. In the probate of Y’s will. Representation is not allowed by law. it is inconsistent with public policy. 30. Can a criminal convicted of a crime which carries civil interdiction execute his will? a. because the heirs are already the owners of the conveyed properties. Yes. Yes. No. not mortis causa. The renunciation or repudiation of inheritance shall take effect: 5 . d. X was disinherited by his father Y. the probate is a justifying circumstance. d. c. can the children of X represent their disinherited father? a. Is the objection tenable? a. b. b. b. After their death. No. Yes. d. d. c. substitution of the disinherited person is allowed. b. 27. representation is allowed in case of disinheritance. because M and N are spouses. 28. b. 1/3 ¼ 1/8 ½ 31. because the wills have different voluntary heirs. the probate of the will is an evidence of the due execution of the will. Yes. Spouses M and N executed two (2) separate wills containing the same provisions. No. c. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse. Yes. d. No. c. the disinheritance affects the heirs of the disinherited person. their compulsory heirs filed a petition for joint probate of their wills. 29. Yes. d. joint wills are not allowed in the Civil Code. 32. it is his statutory right. they are considered advanced legitime. Yes. No. Yes. d.

another heir testator the State a legatee or devisee 35. Disposition Captatoria is void because the heir makes a disposition in his will in favor of: a. because there is registration by fiction of law. c. and Z are co-owners of a real property which was mortgaged to A. Yes.a. Yes. May the alluvial deposits be lost by prescription in favor of another? Choose the best answer. No. Date of death of testator 34. Expiration of the period for which it was constituted. 37. No. Belongs to the land adjoining it. b. Each share is definite in amount. The co-ownership has juridical personality. The accretion belongs to the state. c. No. X redeemed it during the period of redemption with his personal funds.Y. d. The riparian owner. but is not physically segregated from the first. c. b. because it is not covered by a Torrens title. The owner of the contiguous land. because his redemption vest in him sole ownership. Bad use of the thing in usufruct. The northeastern portion of the land of X is bounded by the Manila bay. thereby terminating the co-ownership? a. Which of the following is not a characteristic of a co-ownership? a. d. b. b. a. d. a. X. c. a. The following are modes of extinguishing usufruct except. b. Merger of the usufruct and ownership in the same person. c. 38. because it is covered by a Torrens title. If there is accretion formed. d. 39. b. because the funds belong to him alone. There is one physical whole divided into ideal shares. Date of will c. Yes. c. Yes 36. Total loss of the thing.. Did X become the sole owner of the property. 6 . Date of allowance of will d. who owns the accretion? Choose the best answer. because the redemption inured to the benefit of all co-owners. d. There must be more than one subject or owner. Date of repudiation or renunciation b.

Yes. Those obliged to support one another. or ascendants. provided the subject is personal property. None of the above. except. None of the above. because the decision is enforceable only against the defeated party. No. a. No. c. only the owner. b. 40. a. d. d. c. Possession in one’s name or possession in the name of another. The following are the requisites of the easement of right of way. except. it is not convenient to the dominant estate. a. only the tenant. if the land is titled to a private person. Those guilty of adultery or concubinage at the time of the donation. a. a. Possession in the concept of an owner or possession in the concept of a holder. by reason of their office. Those made to public officers or their spouses. The following are disqualified to donate to each other. That if there is outlet. because Y and Z did not consent to the redemption. There must be indemnity. 7 . Those found guilty of the same criminal offense in consideration thereof. a. because he is in actual possession of the land.d. No. No. The property is surrounded by other estate. it will violate property and property rights. provided the land is not titled. The nature of action in Quieting of Title is in personam. because the constitution so provides. 46. Yes. d. b. A civil action b. There must be no adequate outlet to a public highway. descendants. 45. it is always a real action since the subject is real property. because the other is just a mere tenant. c. because the decision is enforceable against the whole world. 44. d. 43. None of the above. The following are the classes of possession except. b. e. Yes. No. b. Possession with just title. c. except. b. 41. Yes. 42. The following are the remedies against private nuisance. A prosecution under the penal code or any local ordinance. c. d. No. d. Minerals are still owned by the state even if discovered from a private land. b. a. e. The owner and the tenant are in both possession of the land subject of the lease contract. No. Possession in good faith or bad faith. c. Abatement without judicial proceedings.

No. Such process is known as: a. Which statement is correct? 1. b. c. statement 2 is correct. e. Alluvion Avulsion Adjunction Commixtion 51. b. 2. because he owns the roots that intruded at his property. but of different concept. Yes. Yes. or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. 2. Yes. 47. b. No. a. Yes. creek. a. In case of roots of a neighboring tree intruded to the state of another. Negative easement may be acquired by prescription through notarial prohibition. Natural. Both statements are correct. only after 10 years from service of notarial prohibition. during its existence. only after 10 years of prescription. e. c. d. Statement 1 is correct. statement 2 is incorrect. A condominium corporation shall not. Yes. and lease or otherwise dispose of the common areas owned by or held by in the condominium project unless authorized by the affirmative vote of all the stockholders or members. to the owners thereof and tax on each such condominium shall constitute a lien solely thereon. Statement 1 is correct. 48. because it is provided for by law. Whenever real property has been divided into condominiums. e. 2 is incorrect. exchange. Provision 1 is correct. because it is non-apparent. Yes. None of the above. Which provision of the Condominium Act (RA 4796) is correct? 1. Yes. No. b. either of them. Yes.c. industrial and civil fruits belong to the owner. d. without permission from the owner of the tree. 49. Accession is the right of an owner of a property to everything which is produced thereby or which is incorporated or attached thereto either naturally or artificially. because notarial prohibition makes apparent what is non-apparent. the neighboring owner has the right to cut it off. as a general rule. d. for purposes of real property taxation and other tax purposes. each condominium separately owned shall be separately assessed. d. c. only after his demand for the cutting is ignored. a. No. 50. 8 . a. c. It is a process whereby the current of a river. sell. as general rule.

Both provisions are incorrect. c. No. By the Office of the City Prosecutor. Provision 1 is incorrect. e. By the Bureau of Land. No. because a land covered by Torrens Title is not subject to prescription.. By the Register of Deeds. Yes. d. e. Yes. Yes. Under our law Good Faith is presumed. 2 is correct. A Torrens Title is not a protection in alluvium? a. because it should be proven in court. A real property is always a real property. the government is always represented by whom? a. May a real property be classified validly as personal property? a. Because of express provision of our law/s. No. b. A. By a private counsel hired for that matter. No. b. Yes by agreement between the parties. e. Yes. Bad Faith is not presumed. Yes by special provision of our laws. Yes provided it will not prejudice third person/s. b. No. b. No. it is considered as acquisition by law. 52. 9 . Both provisions are correct. 53. c. in accordance with our customs. c. d. d. 54. e. 55. why? a. B & C are all correct. No. for economic reason. Because it is the right thing to do. By the Office of the Solicitor General. Yes. because the property is titled. c. because it was not one of the seven (7) modes of acquiring ownership. Yes. Why? a. d. because the soil added cannot be identified. c. as a general rule only. Yes. b. b. 56. A and D are correct. In like manner. Accession is not a mode of acquiring ownership? a. 57. c. because bad faith is personal.b. In land registration cases. Yes. Yes. it is to be proven beyond reasonable doubt. because bad faith could be inherited. because ignorance of the law excuses no one. if the river is navigable or floatable only. c. d. e. A and B are correct. you have to prove it by extrinsic evidence. e. d. No. d. because it is neither alluvium or avulsion.

No. Service of summons to the respondents/defendants. c. by agreement with the parties. d. the owner of the nearest margin/distance is the owner of the new island? a. e. c. as expressly provided for by law. b. A possessor in bad faith of a land is entitled for reimbursement as a matter of right? a. Yes. Illegal condition/consideration will result to nullity of the contract of donation? a. Yes. Because he was divested of his two (2) major rights. d.58. Only if the river is non-floatable or non-navigable. if the condition/consideration had not been fulfilled yet. b. B and C are correct 60. the owner of the property is being called the naked owner. 62. b. Upon filing of the petition/complaint. Why? a. Because it is a good name. Yes. 10 . it is covered by Condominium Law. but if the condition/consideration had been fulfilled already. b. d. After trial of the case. d. because the contract shall be contrary to law. 61. 63. Yes. e. all the co-owners must share proportionately. Because of the principle that accessory follows the principal. d. c. Yes. because he is in bad faith. but only to necessary expenses. c. No to all kind of expenses. c. Only if the river is floatable or navigable. d. c. e. Yes. Upon publication. because it will violate the constitutional rights of the parties. No. Only if there is a dries-up river bed. Only if the subject is real property. In the contract of usufruct. e. b. each floor owners must bear expenses pertaining to his own floor? a. the court may acquire jurisdiction only after: a. b. Because of the express provision of laws. In land registration cases. but only to luxury expenses. In formation of an island. Because the owner lost possession of the property. In perpendicular co-ownership. Yes. No. because his ownership is identified. No. C and D are correct. Upon filing of the answer by the respondent/defendants. e. 59. e. but only to useful expenses. Because of the agreement of the parties. Yes.

b. because a local ordinance should not be repugnant to law. 69. e. No. Yes. a. from the time he signed the Contract of Sale. Yes. you may lost it by prescription. e. under special circumstance only. defies or disregards decency or morality. from the time of the delivery of the condo unit. in the case of contractual easement only. c. None of the above. Yes. because if you failed to register it. if the easement is for use of person only. e. d. All are correct. No. b. Yes as provided for by P. 66. b. No. a. e. Yes. because it is a property use limitation. b. 65. b. d. 1529. Yes. because it is a recent law. Yes. a. C and D are both correct 68. The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into his own hands. Yes. No. A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right. c. because the local ordinance is not valid for being contrary to law. A nuisance is one of the most serious hindrance to the enjoyment of life and property. Yes. d. because it hinders or impairs the use of property. No. because it annoys or offends our senses. No. b. Yes. a. because it injures or endanger our health and safety.D. provided it is stated at the Master Deeds. if the easement is for use of another real property. because it is enforceable against the world. d. 11 . All of the above. Yes. May a local ordinance extinguish a legal easement? a. c. c. Yes as provided for by the New Civil Code. if the local ordinance expressly provided the same. Yes. c.64. d. because ignorance of the law excuses no one. because the rule allows no exemption. Registration of the Register of Deeds is a mode of acquiring ownership. All of the above. Easement is always a real right. from the time he fully paid the purchase price. Yes. it is only for the protection of ownership rights. e. a. Yes. e. Yes. because everybody should be law abiding citizen. d. c. No. No. 67. Yes. because it shocks.

d. No. e. None of the above. c. because they are covered by different chapters of the New Civil Code. e. 71. None of the above. because it is a gratuitous contract. because the owner lost only physical possession. Donation of the same thing to two or more persons shall be governed by the rule on double sale? a. because it is an act of man only. b. No. because there is no law that prohibits it. because registration will give jurisdiction to our court. e. 72. No. No. Yes. b. 74. No. No. a. No. B and C are correct. No. All installment buyers of real estate are protected by R. because the decision is enforceable only against the litigating parties. c. No. No. because the law is design to protect world wide piracy of products. because there is no exchange of value. d.A. Reproduction of books by Xerox or photocopying is a violation of the Copyright Law? a. No. No. No. because the law is design to protect registered and non-registered owner. provided the subject is a personal property. because it deprives the author of his royalties. No. b. b. 12 . b. a. 73. Yes. c.70. 75. because in donation there is no exchange of value. because the decision in the case is enforceable against the whole world. No. c. e. d. like in prescription. 6552 (Maceda Law). Yes. Under Intellectual Property Code. No. Yes. Yes. Donation is both an act and a contract. The nature of action in Quieting of Title is in personam. b. d. because they are of different contracts. 76. Yes. because there is no force upon person. d. e. Yes. Yes. c. Yes. e. because registration will give you such protection. Yes. because there is no more owner to speak with. because it is not part of Obligation and Contract of New Civil Code. it is being tolerated anyway. d. because the subject of the case is always a real property. because in sale there is exchange of values. if there is force upon thing. Yes. to be covered by the law. because the operator of the Xerox Machine does not pay his income tax. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself? a. it is required that you register your business in the Philippines. because it is economical. because both acts transfer ownership. c. a.

because the threat made by Miguel is just and legal.a. The said contract of sale was executed before the vice consul of the Philippines in Singapore. Miguel. because the threat. because without the threat. Shantung Company filed a suit for the annulment of the contract of sale on the ground that Magdalene has no authority to sell the property. As a consequence of the threat. b. The land is conjugal because the installments were paid from the conjugal partnership funds. Yes. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code? a. No. No. 79. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. One year after the execution of the contract. subsequent installments were paid from the conjugal partnership funds. vitiates the consent of Noel in contracting the marriage. because it is the intent and spirit of the law. No. Noel and Liza were sweethearts.00. By virtue of the said contract. wills and other public instruments shall be governed by the law of the country in which they are executed. Under the laws of Singapore. it is applicable only to buyer in installment of appliances. 13 . bought a parcel of land in Dagupan City from Amante for P600. e. Grant the action for annulment on the ground that Shantung Company did not authorized Magdalene to sell the property. thus. preventing him from taking the examinations unless he marries Liza. thus. Is the land conjugal or paraphernal? a. 78. c. Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court. A contract was executed between them which already vested upon Wendy full ownership of the property. Knowing that Noel was preparing for the bar examinations. No. d.000. Noel married Liza. c. although payable in monthly installments for a period of 4 years. Yes. provided it will not violate their contract. the sale of a real property by an agent without a special power of attorney is valid. 77. d. Dismiss the action for annulment on the ground that the forms and solemnities of contracts. c. they have to apply for it first at HLURB to be covered. b. Wendy. because Miguel is not a party to the contract of marriage between Liza and Noel. wills and other public instruments shall be governed by the law of the country in which they are executed. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. only those who had paid at least 2 years of installment and defaulted later. to enforce the claim of Liza. Thereafter. Grant the action for annulment on the ground that the forms and solemnities of contracts. If you were the judge. Yes. Noel would not marry Liza. d. No. Yes. Wendy got married to Lorenzo. Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. single. b. Liza became pregnant. the law of Singapore shall govern. Dismiss the action for annulment on the ground that the property subject of the case is located in Singapore. which of the following courses of action should you take? a.

Noreen. because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry. No. 1992. the fetus was born and baptized Casey. 1990. d. Yes. c. on the other hand fell in love with David and they decided to live together as husband and wife on May 12. Thereafter. Reynaldo. Two (2) years later. because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana. no need to secure a marriage license.00 to the unborn child of his cousin Laura. Charina gave birth to a baby girl she named Noreen. how will you decide on the petition? a. that they were voluntarily dissolving their conjugal partnership. they lived apart. the husband of Charina. filed a petition questioning the validity of her marriage to David. c. on the other hand. 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The land is both conjugal and paraphernal because the installments were paid from both the personal funds of Wendy and the conjugal partnership funds. Six (6) years after or on September 8. Grant the petition on the ground that the marriage is void ab anitio. Marvin left the conjugal dwelling. because there was an agreement between the parties to voluntarily dissolved their conjugal partnership. After 6 months of pregnancy. Marvin was married to Charina on February 14. b. Charina and David decided to get married on February 14. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo? a. because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries. Casey died 22 hours after birth. c. Due to irreconcilable differences. d. Charina. Charina died living a considerable amount of properties. Dismiss the petition on the ground that the marriage is valid because Charina and David lived together as husband and wife for more than 5 years and their marriage took place after the death of Marvin. Yes. 82. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. thus. d. which the latter accepted in a private instrument. If you were the judge. they executed a public document wherein they declare that they had no debts. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Hence. Is Jessie entitled to recover the money he donated? 14 . Jessie donated P200. as the ratification of their marital cohabitation is not valid. The land is paraphernal because ownership thereof was acquired before the marriage.b. Marvin died in an accident. 1998.000. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent.00. b. Free at last. Ana engaged in business which unfortunately failed. Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David. No. assisted by her grandparents. continued to be gainfully employed and was able to acquire properties through his own efforts. 81.000. The land is paraphernal because it was Wendy who purchased the same. Jessie sought to recover the P200. Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. 80. and that each of them would thereafter be free to acquire or dispose of any property independently of the other.

Voidable. because the consular official has no authority to solemnize the marriage. because the marriage license was wrongfully obtained by the parties. because the donation is valid as Laura already accepted the same b. 83. provided that such marriage is celebrated in accordance with the laws of such consular official. married Darna dela Cruz.S. an American national. thereby invalidating the marriage. c. b.a. it shall be necessary for them. Is the contention of the U. thus producing no legal effect. What is the status of the marriage of Glenda and John Riel? a. got married in the consular office of the Philippines in Australia. an Australian citizen. thus. 1992 with a valid marriage license. because the donation never produced any legal effect as Casey. c. b. No. because the law provides that when either or both of the contracting parties are citizens of a foreign country. a. thus it will not affect the validity of the marriage. under special circumstances. Glenda. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. Yes. inherited the money donated by Jessie. Laura. to submit a certificate of legal capacity to contract marriage. issued by their respective diplomatic or consular officials. Yes. because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage. because the U. According to the laws of Australia. such consular official has authority to celebrate the marriage. because ignorance of the law excuses no one. c. No. during the defect in the issuance of the marriage license. No. embassy tenable? a. Valid. No. 85. Yes. Void. d.S. The doctrine of “Self-Help” is an exemption that a person should not take the law intro his own hands. never acquired civil personality. No. as Casey’s heir. a Filipino citizen and John Riel. d. c. because such marriage is recognized as valid in the place where it was celebrated.S. No. b. embassy later on issued a certificate of legal capacity to contract marriage. Clark Kent. 15 . because there is an irregularity in the authority of the consular official to solemnize marriages. a marriage solemnized by a consular official is valid. All of the above. embassy claims that such marriage is void from the beginning. before a marriage license can be obtained. Yes. No. Yes. d. because the rule allows no exemption. Valid. because everybody should be law abiding citizen. d. because the donation is void as the acceptance was not made in a public instrument. The U. 84. the supposed donee. e. because when Casey died. because according to the laws of Australia. a Filipino Citizen last March 8.

d. it was aborted on request of or with permission from the father to save the life of the mother. e. Excited over their impending marriage. between parties both 23 years of age but without parental advice. b. the child could not be his for biological or scientific reasons. e. 16 . c. if one of the spouses has given ground for legal separation. d. d. The marriage is: a. A marriage is void if: a. between a woman and her husband’s killer/holdup per. he is physically incapable of sexual intercourse 91. solemnized by a commanding officer between two members of his battalion. they were living apart. it had an intra-uterine life of 9 months but dies in the maternal womb. 87. by agreement of the spouses. c. e. b. a fetus may be considered born if: a. 89. void in the absence of a valid marriage license. solemnized with a marriage license issued without complying with the required 10-day b. except: a. solemnized by a minister whom the parties believe to have the authority. the wife is suspected of infidelity. e. valid there being good faith on the part of the parties. Filipinos are governed by their national law with respect to the following matters. The husband may impugn the legitimacy of his child but not on the ground that: a. if only one of the spouses is earning. legal capacity family rights and status personal property testamentary succession intrinsic validity of wills 88. the husband had a serious illness that prevented him from engaging in sexual intercourse. upon order of the court. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery. b. valid there being a marriage license validly obtained by the parties. Separation of property between spouses during the marriage may take place only: a. c. d. d.86. posting. c. voidable there being a defect in the formal requisite. e. the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb. c. valid there being only an irregularity in the marriage license. e. 90. d. it had an intra-uterine life of 8 months but is dead upon delivery. if one spouse has abandoned the other. For civil purposes. b. c. b.

Three years after marriage. d. the incapacity must be proven to be existing at the time of the celebration of the marriage. b. the prosecuting attorney has to conduct his own investigation. A husband by chance discovered hidden treasures on the paraphernal property of his wife. within five years upon knowledge of the STD. c. c. d. e. 94. his parents his illegitimate child. anytime during the lifetime of the husband. a. c. d. Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment. b. a. 93. d. On March 3. 97. b. The legitimacy of the child may be impugned by: a. Yes. c. No. e. e. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27. anytime during the lifetime of the wife. c. wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. All of the above. anytime during the marriage. because it will impair the right of a person to enter into a contract. within five years after marriage. the cause. In legal separation: a. he has been afflicted even before the marriage but concealed such fact. the illness must be grave the burden of proof must rest on the respondent. no trial shall be held without the 6-month cooling off period being observed. An action for annulment may be filed by the wife. the decree will not be granted solely on the basis of admission. the roots of the illness can be traced to the history of the subject the incapacity appears to be incurable. No. 1996. 17 . Excessive donation inter vivos may be revoked or reduced after the death of the donor. wife learned that husband is afflicted with STD. e. d. a.92. 96. the spouses will be entitled to live separately upon the start of the trial. in so far that it reduces the legitimate of the compulsory heirs. because it took effect while the donor is still alive. who owns the discovered treasure. No. 1995. the aggrieved spouse may file the action within 5 years from the time of the occurrence of b. b. if any his brothers or sisters his aunts or uncles none of them 95. e. Apparently. because it is not practical.

for the purpose of commercial law d. d. The half pertaining to the wife (as owner) belongs to the conjugal partnership c. All of the above e. Easement because easement is enforceable even if there is no contract 100.a. Which one is more burdensome. Yes. None of the above 101. because the remedy is only destruction or removal b. may Mr. donated a parcel of land to the unborn child of H and W. Are growing crops real property? a. Easement because the servient estate is under obligation to let others use the property c. No. provided the child be born alive or to live for at least 24 hours under certain conditions d. Yes. After ten years branches of the mango tree encroached the air space of B. No. d. provided that the basketball court be declared first as a public nuisance d. Mr. the tree is planted in his (X) land c. of the principle “accessory follows the principal b. Usufruct because the usufructuary has possession and fruits of the property b. The half pertaining to the husband (finder) belongs to the conjugal partnership b. for the purpose of criminal law c. Action for rescission on the account of lesion will prescribe within --a. Yes. provided that Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. No. because in both cases there is no transfer of title d. a and b 98. Yes. easement or usufruct? a. a. Mr. c. because there is no donee yet b. is the donation valid? a. 10 years 5 years 7 years answer not given 99. Mr. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property. B. No. None. because the donee has no name yet to whom the land is to be transferred 102. b. J constructed a basketball court at the middle of the street. because the case is inlay civil in nature c. No. A. No. because there is no one yet to accept the donation c. X is the owner of the encroaching branches because… a. No. for the purpose of civil law b. J did not pay any permit to the local government 103. J be charged criminally in court? . in accordance with the law of easement 18 .

None of the above 107. c. Quiapo Church constructed after 1898 b. Which of the following marriages is void for reasons of public policy? a. The document issued by the government agency concerned stating that mineral resources project under consideration will not bring about an unacceptable environmental impact and that the proponent has satisfied the requirements of the environmental impact system is called a. those no longer intended for public use and public service b. forest land c. b. public road d. Patrimonial Property of the State refers to a. seashore 105. Environmental Impact Statement (EIS) c. San Agustin Church constructed before 1898 c. Environmental Compliance Certificate (ECC) b. occupied or utilized by indigenous cultural minorities themselves or through their ancestors by 108. Manila Cathedral constructed before 1898 d. Which among the properties of the states that could be the subject of prescription in favor of a private person? a. d. whether of the full or half blood Between step-parents and step children Between parents-in-law and children-in-law B and C None of the above 110. those actually possessed. None of the above 104. res alicujus d. Vigan Church constructed before 1898 106. those no longer intended for public good and public welfare c. res communes c. All of the above e. Mineral Resource EDUC Certification 109. e. Joint Venture Agreement (JVA) d. Which of the following is not included in the attributes of juridical capacity? 19 . Which among the churches listed below is owned by the Roman Catholic Church? a. Between brothers and sisters.d. res nullius b. agricultural land b. Which among the group of things listed below could not be considered as a property? a.

homosexuality or lesbianism existing at the time of marriage d. b. e. Juridical Personality is inherent in every natural person. Juridical capacity is lost only through death c. c. c. Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude b. None of the above 111. All of the above 112. The donation must be made in consideration of the marriage d. Concealment of drug addiction of a sexually-transmissible disease. The donation must be made before the celebration of the marriage b. Juridical capacity can be limited or restricted d. The general rule is that both husband and wife must jointly adopt except in the following cases: a. and therefore it is not acquired. The donation must be made in favour of one or both of the future spouses e. Which of the following is not a ground for extinguishment of parental authority? a. The donation shall be automatically revoked in case of non-celebration of the marriage c. d. Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage e. b.a. None of the above 113. habitual alcoholism. regardless of its nature. except? a. Juridical capacity cannot exist without capacity to act e. When there is a decree of legal separation None of the above 114. b. Upon the death of either spouse Upon conviction of a crime involving moral turpitude by either spouse When the marriage is annulled or declared void. e. The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage. Concealment of drug addiction. d. When one spouse seeks to adopt his own illegitimate child When one spouse seeks to adopt his own legitimate child When one spouse seeks to adopt the legitimate child of the other A and B A and C 115. existing at the time of the marriage c. Which of the following circumstances does not terminate the absolute community of property? a. Which of the following is not a requisite for a valid donation propter nuptias? a. Upon the death of the child 20 .

000 and the donation and acceptance were not in a public instrument. How do you classify this nuisance? 21 . Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day. 1950 June 30. Which of the following does not characterized legal separation? a. because there was intention to donate and delivery by the donor Charlie. hence. What is the status of the marriage between Bruce and Margarita. because the value of the thing donated exceeded Php 5. August 30. (d) Void.00 to his friend Danny as a birthday gift. b. Charlie demanded the return of the watch from Danny. e. What is the nature of this donation? (a) Valid.000. criminal and administrative liability Unenforceable Void ab initio 117.000.b. Bruce was engaged to Margarita. 1950 August 30. the two got married without a marriage license. Charlie gave his diamond-encrusted watch worth Php 25. Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. c. (b) Valid. 1949 119. Voidable Valid Valid but subjects the party responsible to civil. Danny refused to return the watch. because the value of the thing donated exceeded Php 5. b. The Civil Code of the Philippines took effect on: a.00 and the donation and acceptance were not in writing. e. therefore remarry There are ten (10) grounds for legal separation None of the above 118. d. In view of the pronouncement of Bruce’s doctor. In a residential subdivision in San Pedro. Laguna. Danny readily accepted the gift with profuse gratitude. b. d. they had a serious quarrel. The marriage is not defective The grounds arise only after the marriage The spouses are still married to each other and cannot. d. Six (6) months thereafter.000. Bruce died. 1951 June 30. e. Upon adoption of the child Upon appointment of a general guardian All of the above None of the above 116. a. c. d. 120. One month later. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. c. because there was acceptance and receipt of the donated personal property by the donee Danny. c. (c) Void.

a. because the mother Amelia has transferred her parental authority over the children in favor of the grandparents. Clara thinking of her morality. Yes. do not want to give his children to him. because it affects and annoys the entire residential subdivision. Can the grandparents claim back the children? (a) Yes. Amelia and Arsenio are married. Benjie and Cherry. Also offered to notarize it. Occupation is: A derivative mode of acquiring ownership An original mode of acquiring ownership Not a mode of acquiring ownership None of the above 123. because the grandparents are more financially capable of providing for the needs of the children. to work as a nurse in 2005. through trickery.S. b. regardless of its location and surroundings. drafted a will and asked Roberta. c. A week after. (c) No. While the will was being signed. Clara insisted on signing her will by thumb mark and said that she can sign her full name later. c. Luisa and Benjamin to be witnesses during the day of the signing of her will. (b) Yes. experienced a stomach ache and kept going to the restroom for long period of time. Hannah. because the children should be given back to their mother considering that being both less that 7 years of age. because it affects the entire subdivision (d) Nuisance per accidents. Hannah while waiting for her turn to sign the will.(a) Nuisance per se. (c) Nuisance per se. No. May the will of Clara be admitted to probate? Give your reasons briefly. because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another. a. (d) No. b. Amelia went to the U. Arsenio. beside the table on which everyone was signing Benjamin. because parental authority should be vested on the present parent. because it is always a nuisance. 121. Danilo and Elenita are claiming that they have a better right to have custody over Benjie and Cherry since they are financially capable of supporting the needs of the children. (b) Nuisance per accidents. with her parents. respectively. because it is only a nuisance based on its location and circumstances. She left her two (2) children. their mother must have custody over the children. d. Clara was run over by a drunk driver while crossing the street in Greenbelt. was reading the 7th Harry Potter book on the couch. was able to get his children from their maternal grandparents. Coming from the hospitals. because the testatrix signed the will in the presence of 3 credible witnesses and the 3 credible witnesses signed the will in the presence of the testatrix and of one another. aside from witnessing the will. Arsenio. because the testatrix signed the will in the presence of 4 credible witnesses and the credible witnesses signed the will in the presence of the testatrix and of one another. Roberta. Clara fell down the stairs and broke both her arms. Later. 122. 22 . Danilo and Elenita. Yes. because his parents-in-law. 4 years old and 2 years old.

because the painting was given as legacy to her by Brad. Brad died 1995. Shelly shall not inherit being the legally adopted daughter of Cherry. because the painting was given to Brad as a gift by Jennifer. In 1973. d. bequeathed the painting to her is Angie correct? Why or why not? a. Yes. habitual alcoholism. 125. Hans and Gretel are the legitimate son of Ramon. Larry. Dessa died while giving birth to Larry. assume all formalities and procedural requirements have been complied with: in 1970 Ramon and Dessa got married. For purpose of this questions. While Brad was mending his broken hearth. c. he met Angie and fell in love. Who may inherit from Ramon and who may not? Give your reason briefly. with his girlfriend. Anna never married. in his will. Jennifer asked for the Picasso painting as a remembrance of him. Michelle shall inherit from Ramon being the legally adopted daughter of Ramon. Angie refused and claimed that Brad. on the other hand. the iron barrier rule applicable in this case. Hans and Gretel shall not inherit from Ramon. including successional rights d. The relationship created by fiction of law extends only the adopter and adoptee and does not extend anymore to parents of the adopter. because the testatrix was not 124. e. Because the Picasso painting reminded Angie of him. She enjoys the same rights and privilege just like a legitimate child. In 1971 and 1972 Ramon and Dessa legally adopted Cherry and Michelle respectively. 23 . No. Prior to their marriage. Cherry. The following constitute fraud which is a ground for annulment of marriage a. and Cherry dies. legally adopted Shelly. concealment of drug addiction. all of the above 127. c. the legally adopted daughter of Ramon. No. Hans and Gretel. Yes. letters a and b e. In 2005. Brad and Jennifer broke up. Saddened by Brad’s death. Larry had twins. In 1990. In 1989. Jennifer and Brad were madly in love. Anna. a. b. concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable d. homosexuality or lesbianism existing at the time of marriage c.d. Anna had a child. Lia. In 1986. Jennifer acquired it and placed it in his bedroom. Lia shall inherit from Ramon because the iron-barrier rule is not applicable his being illegitimate daughter of Anna. Anna. A valid marriage licence secured prior to the marriage is a formal requisite to make the marriage valid except. the illegitimate daughter of Ramon. Fiona. because the painting was owned by Brad Yes. Ramon had a child. concealment of pregnancy of the wife by a man other than the husband b. because a certain Picasso painting reminded brad of her. All of the above 126. because the real owner of the painting was Jennifer. b. Brad in his will bequeathed the painting to Angie.

d. marriage before the consul. marriage in articulo mortis b. letters a and b e. e. b. consul-general or vice consul between Filipino citizens abroad d. all of the above 128. The absolute community of properly terminates a. upon the death of either spouse when the mirage is annulled or declared void upon separation of the spouses de facto letters a and b all of the above 24 . marriage between parties who have been cohabiting for at least 5 years without any legal impediment to marry each other c.a. c.

B 9. C 6. B 30. A 77. A 33. A 32. A 22. D 99. C 78. D 84. B 10. A 14. A 82. C 26. B 16. B 7. C 103. C 75. C 87. B 21. D 67. A 20. B 37. C 93. D 71. D 24. A 18. D 104. C 68. 4. D 34. A 11. A 25 . C 89. B 97. C 83. C 2. B 69. E 92. B 25. D 19. C 8. A 15. C. D 81. C 94. C 98. C 101. B 13. A 86. B 27. C 3. A 91. B 35. C 88. D 38. C 5. A 36. C 76. C 28. A 70. C 102. C 12. A 85. A 31. D 74.ANSWER KEY IN CIVIL LAW 1 1. A 95. C 17. E 72. A 100. C 79. B 90. A 96. B 80. D 23. D 73. D 29.

E 60. E 26 . C 122. B 51. C 105. B 49. B 109. D 61. D 62. C 41. B 45. B 44. D 42. D 43. A 50. E 115. E 116. D 118. E 54. D 47. C 120. C 119. E 64. B 107. B 57. C 65. D 55. D 63. D 127. C 48. C 123. C 58. D 110. D 112. B 56. D 59. E 128.39. B 113. E 66. C 124. C 125. E 114. C 40. B 121. B 117. A 106. B 108. A 52. E 53. E 126. B 46. D 111.

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