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and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.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. b. c. d. The uncles and aunts shall inherit the property The nephews and nieces of the decedent survive and are willing and qualified. The uncles and nephews shall inherit together. 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. d. Yes, because the intention of the testator must be respected. 14. In case a holographic will is lost, can it still be probated? a. No, because the best and only evidence of the handwriting is the will itself. b. No, the probate court has no jurisdiction.


because the testator is still living. Yes. Probate seeks to determine whether the will is intrinsically valid. Probate seeks to determine whether the will is formally valid. c. No. d. Both b and c are correct. 20. No. d. because secondary evidence may be presented. may a case for forgery be filed against an instituted heir? a. c. because the probate of the will is a justifying circumstance. 18. because the probate of the will is an evidence of its due execution and authenticity. d. 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. c. d. some. c. if the extraordinary expense arose out of the actual use of the thing.c. b. b. In favor of another heir In favor of testator or any other person In favor of the state In favor of a legatee 16. Disposition captatoria means that the heir shall make provisions in his will: a. Law Contracts Quasi-contracts Quasi-delicts 19. execution. a. Probate proceedings seek to establish the identity of the will. d. After the probate of a will. When an injury or damage is caused to another. 21. even if the cause of the expense was the fault of a third person. b. b. d. c. because this is a statutory right. Both a and b are correct. the source of the obligation is: a. he gave notice to the bailor before he incurred the expense. e. 15. What are the objectives of Probate proceedings? a. 3 . c. its genuineness and due b. b. No. Yes. 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. Yes. Preterition or omission of one. Make the will voidable Make the will void Annul the institution of heirs Make the will unenforceable 17. The borrower in a contract of loan or mutuum must pay interest to the lender. or all the compulsory heirs. and the testamentary capacity of the testator. because a forgery is a criminal action. there being fault or negligence and there is no pre-existing contractual relation between the parties. if the bailee was negligent in the use of the thing borrowed. d.

it is an accessory penalty. 27. d. d. c. because the heirs are already the owners of the conveyed properties. d. d. d. d. No. All of the above. Yes. No. c. Yes. No. Yes. as a matter of course. because X is no longer the owner of the conveyed properties. Can a criminal convicted of a crime which carries civil interdiction execute his will? a. true and existing cause expressly stated. Falsification of public document. it only prohibits disposition of property inter vivos. not mortis causa. 22. b. he is a voluntary heir. b. c. there is no blood relationship between A and C. it is his statutory right. 26. Slander by deed. B predeceased his father. 23. a and b 24. Must be a valid will with legal. Perjury and false testimony. if the amount borrowed is very large. No. A has a son B and the latter adopted C. c. they are considered advanced legitime. Yes. if the lender so demands at the maturity date. because there was no gratuitous conveyance. if there is an agreement in writing to that effect.a. Yes. 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. No. Yes. b. Origin Propositus Reservista Reservatorios 25. he is the legal representative. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. No. c. b. The disinherited heir must be clearly identified and the will is not revoked. b. c. 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. After X’s death and the probate of his will. it is inconsistent with public policy. Must be total and complete and said cause stated in the will. d. 4 . c. he is a compulsory heir. b. The requisites are: a. Can C represent B in the inheritance of A? a. b. What crimes committed by a convict will disqualify him as an instrumental witness to a will? a. are the conveyed properties subject to collation for determination of the heirs’ legitime? a.

c. c. Yes. another heir testator the State a legatee or devisee 5 . 29. the probate is a justifying circumstance. d. Is the objection tenable? a. c. can the children of X represent their disinherited father? a. Date of death of testator 34. d. Yes. d. Date of repudiation or renunciation b. A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. In the probate of Y’s will.28. the disinheritance affects the heirs of the disinherited person. 1/3 ¼ 1/8 ½ 31. No. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse. No. the probate of the will is an evidence of the due execution of the will. d. 30. b. because the wills have different voluntary heirs. a. No. b. forgery is a criminal action. Descendant propositus Reservista Origin Testator 33. because practicable considerations dictate the joint probate of the wills. b. d. Date of will c. Representation is not allowed by law. their compulsory heirs filed a petition for joint probate of their wills. No. Yes. c. d. Will this action prosper? a. In reserve troncal the relatives within third degree coming from the same line inherit from: a. because M and N are spouses. No. 32. Yes. No. this is a statutory right. b. Date of allowance of will d. c. substitution of the disinherited person is allowed. representation is allowed in case of disinheritance. One of the voluntary heirs objected because joint probate is invalid. Disposition Captatoria is void because the heir makes a disposition in his will in favor of: a. b. Spouses M and N executed two (2) separate wills containing the same provisions. After their death. Yes. b. X was disinherited by his father Y. c. The renunciation or repudiation of inheritance shall take effect: a. Yes. joint wills are not allowed in the Civil Code.

The following are modes of extinguishing usufruct except. The co-ownership has juridical personality. Total loss of the thing. a. No. Yes. Belongs to the land adjoining it. but is not physically segregated from the first. b. d. Yes 36. c. Did X become the sole owner of the property. The owner of the contiguous land. Each share is definite in amount. c. The accretion belongs to the state. because the redemption inured to the benefit of all co-owners. and Z are co-owners of a real property which was mortgaged to A. b. 40. That if there is outlet. 38. The riparian owner. Yes. 41. b. There must be no adequate outlet to a public highway. a. The following are disqualified to donate to each other. The northeastern portion of the land of X is bounded by the Manila bay. There must be indemnity. There is one physical whole divided into ideal shares. Possession with just title. The following are the classes of possession except. 39. 6 . it is not convenient to the dominant estate. Bad use of the thing in usufruct. d. d. because the funds belong to him alone. a. except. X redeemed it during the period of redemption with his personal funds. b. a. except. No. The property is surrounded by other estate. d. Possession in one’s name or possession in the name of another. No. b. Merger of the usufruct and ownership in the same person. d. because there is registration by fiction of law. because Y and Z did not consent to the redemption. because it is covered by a Torrens title. No. c. d. Which of the following is not a characteristic of a co-ownership? a. b. c. thereby terminating the co-ownership? a. May the alluvial deposits be lost by prescription in favor of another? Choose the best answer. who owns the accretion? Choose the best answer. Possession in the concept of an owner or possession in the concept of a holder. Yes. because his redemption vest in him sole ownership..35.Y. If there is accretion formed. 37. a. X. c. There must be more than one subject or owner. 42. because it is not covered by a Torrens title. The following are the requisites of the easement of right of way. b. Expiration of the period for which it was constituted. c. d. Possession in good faith or bad faith. c.

provided the land is not titled. d. Yes. Abatement without judicial proceedings. No. No. Yes. a. d. d. either of them. 45. a. c. None of the above. Yes. a. e. 44. descendants. Yes. the neighboring owner has the right to cut it off. c. None of the above. e. c. No. only the tenant. Yes. b. e. Yes. Yes. 7 . b. 47. only after his demand for the cutting is ignored. Those made to public officers or their spouses. a. c. Yes. Minerals are still owned by the state even if discovered from a private land. d. 46. Yes. d. Negative easement may be acquired by prescription through notarial prohibition. as a general rule. c. c. or ascendants. b. No. No.a. Yes. because the decision is enforceable against the whole world. b. it is always a real action since the subject is real property. because the constitution so provides. d. b. a. as general rule. Those obliged to support one another. b. only after 10 years from service of notarial prohibition. 48. The nature of action in Quieting of Title is in personam. 43. Yes. because it is provided for by law. b. In case of roots of a neighboring tree intruded to the state of another. e. No. No. only the owner. None of the above. provided the subject is personal property. e. if the land is titled to a private person. except. because he owns the roots that intruded at his property. but of different concept. A civil action A prosecution under the penal code or any local ordinance. because the other is just a mere tenant. The following are the remedies against private nuisance. d. only after 10 years of prescription. Those guilty of adultery or concubinage at the time of the donation. No. because he is in actual possession of the land. No. because the decision is enforceable only against the defeated party. by reason of their office. because notarial prohibition makes apparent what is non-apparent. it will violate property and property rights. None of the above. a. No. Yes. c. without permission from the owner of the tree. The owner and the tenant are in both possession of the land subject of the lease contract. Those found guilty of the same criminal offense in consideration thereof. because it is non-apparent.

Provision 1 is incorrect. b. Because of express provision of our law/s. c. Provision 1 is correct. Yes. 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. it is to be proven beyond reasonable doubt. statement 2 is incorrect. b. Whenever real property has been divided into condominiums. d. 2. Such process is known as: a. Natural. b. e. B & C are all correct. May a real property be classified validly as personal property? a. you have to prove it by extrinsic evidence. Both provisions are incorrect. or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate.49. 8 . Why? a. 53. each condominium separately owned shall be separately assessed. sell. during its existence. Alluvion Avulsion Adjunction Commixtion 51. d. Bad Faith is not presumed. industrial and civil fruits belong to the owner. Yes by special provision of our laws. c. 2 is incorrect. A condominium corporation shall not. exchange. c. Because it is the right thing to do. A and B are correct. d. c. Yes. No. b. Statement 1 is correct. e. 50. b.. statement 2 is correct. No. A real property is always a real property. to the owners thereof and tax on each such condominium shall constitute a lien solely thereon. a. A. d. 54. In like manner. Yes provided it will not prejudice third person/s. It is a process whereby the current of a river. Yes by agreement between the parties. 2. c. No. Both provisions are correct. Which statement is correct? 1. b. because bad faith is personal. creek. Both statements are correct. Statement 1 is correct. 2 is correct. Which provision of the Condominium Act (RA 4796) is correct? 1. because bad faith could be inherited. for purposes of real property taxation and other tax purposes. 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. 52. a. why? a. Under our law Good Faith is presumed.

c. but only to necessary expenses. e. Yes. B and C are correct 60. because he is in bad faith. because a land covered by Torrens Title is not subject to prescription. e. because the contract shall be contrary to law. No. because it should be proven in court. for economic reason. By the Register of Deeds. e. the court may acquire jurisdiction only after: a. c. because ignorance of the law excuses no one. e. b. d. e. but only to useful expenses. 56. Yes. Yes. Yes. c. c. Yes. 57. the owner of the property is being called the naked owner. Service of summons to the respondents/defendants. Yes. d. Yes. d. By the Bureau of Land. d. By the Office of the City Prosecutor. 55. in accordance with our customs. Yes. Illegal condition/consideration will result to nullity of the contract of donation? a. Upon filing of the petition/complaint. In land registration cases. it is considered as acquisition by law. b. 61. d. Why? 9 . because it is neither alluvium or avulsion. b. No. b. b. as a general rule only. Yes. c. Yes. A possessor in bad faith of a land is entitled for reimbursement as a matter of right? a. No. Upon filing of the answer by the respondent/defendants. By a private counsel hired for that matter. In the contract of usufruct. because it will violate the constitutional rights of the parties. but only to luxury expenses. but if the condition/consideration had been fulfilled already. e. A and D are correct. Accession is not a mode of acquiring ownership? a. No to all kind of expenses. because the property is titled. After trial of the case. No. Yes. d. e. No. because it was not one of the seven (7) modes of acquiring ownership. because the soil added cannot be identified. c. Upon publication. 59. c. In land registration cases. if the river is navigable or floatable only. By the Office of the Solicitor General. No. Yes. b. d. 58. Yes. by agreement with the parties. A Torrens Title is not a protection in alluvium? a. if the condition/consideration had not been fulfilled yet. the government is always represented by whom? a. No.

because the local ordinance is not valid for being contrary to law. as expressly provided for by law. Yes as provided for by P. Because of the agreement of the parties. e. Yes. all the co-owners must share proportionately. b. C and D are both correct 10 . a. No. c. b. May a local ordinance extinguish a legal easement? a. in the case of contractual easement only. e. you may lost it by prescription. In perpendicular co-ownership. Because he was divested of his two (2) major rights. d. because it is enforceable against the world. because it is a property use limitation. Because of the express provision of laws. e. Easement is always a real right. if the easement is for use of person only. d. d. because it shocks. because a local ordinance should not be repugnant to law. Yes as provided for by the New Civil Code. a. Yes. 1529. it is only for the protection of ownership rights. b. e. c. Because it is a good name. 63. Because the owner lost possession of the property. No. d. if the easement is for use of another real property. c. d. e. b. Only if the river is floatable or navigable. No. Yes. e. because it is a recent law. Yes. Yes. d. A nuisance is one of the most serious hindrance to the enjoyment of life and property. Yes. Only if there is a dries-up river bed. d. Only if the subject is real property. Because of the principle that accessory follows the principal. c. In formation of an island. c. because it injures or endanger our health and safety. b. because if you failed to register it. b. None of the above. c. Yes. All are correct. Yes. e. b. Yes. No. No.D. Yes. the owner of the nearest margin/distance is the owner of the new island? a. 64. if the local ordinance expressly provided the same. 62. No. it is covered by Condominium Law. defies or disregards decency or morality. Yes. 67. No. because it hinders or impairs the use of property.a. 66. 65. C and D are correct. because it annoys or offends our senses. because his ownership is identified. each floor owners must bear expenses pertaining to his own floor? a. a. Registration of the Register of Deeds is a mode of acquiring ownership. Yes. Only if the river is non-floatable or non-navigable. c.

because it is economical. b. if there is force upon thing. e. c. c. 72. No. A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right. because it is an act of man only. e. b. b. d. Reproduction of books by Xerox or photocopying is a violation of the Copyright Law? a. Yes. d. c. No. c. All of the above. because the rule allows no exemption. to be covered by the law. like in prescription. from the time he signed the Contract of Sale. The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into his own hands. All of the above. a. because there is no law that prohibits it. No. No. Yes. Yes. d. it is required that you register your business in the Philippines. Yes. c. No. because the decision in the case is enforceable against the whole world. because the subject of the case is always a real property. a. 70. d. e. B and C are correct. because the owner lost only physical possession. d. b. No. Yes. because the law is design to protect registered and non-registered owner. provided it is stated at the Master Deeds. under special circumstance only. Yes. a. a. 74. because it deprives the author of his royalties. b. No. The nature of action in Quieting of Title is in personam. because everybody should be law abiding citizen. No. a. because the decision is enforceable only against the litigating parties. because the operator of the Xerox Machine does not pay his income tax. No. Yes. e. Under Intellectual Property Code. 71. No. 11 . because there is no force upon person. 69. because ignorance of the law excuses no one. Yes. because there is no more owner to speak with. Donation is both an act and a contract. None of the above. because the law is design to protect world wide piracy of products. b. No. 73. d. e. Yes. Yes. No. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself? a. c. Yes. No. because registration will give you such protection. Yes. from the time he fully paid the purchase price. e. Yes. from the time of the delivery of the condo unit. Yes.68. because registration will give jurisdiction to our court. it is being tolerated anyway. provided the subject is a personal property.

c. a. By virtue of the said contract. they have to apply for it first at HLURB to be covered. because they are covered by different chapters of the New Civil Code. The said contract of sale was executed before the vice consul of the Philippines in Singapore. thus. because both acts transfer ownership. Donation of the same thing to two or more persons shall be governed by the rule on double sale? a. Yes. No. wills and other public instruments shall be governed by the law of the country in which they are executed. Noel married Liza. 75. because Miguel is not a party to the contract of marriage between Liza and Noel. because they are of different contracts. c. preventing him from taking the examinations unless he marries Liza. e. If you were the judge. c. Yes. because it is a gratuitous contract. to enforce the claim of Liza. which of the following courses of action should you take? a. Yes. c. All installment buyers of real estate are protected by R. because the threat. c. e. because it is the intent and spirit of the law. 78. Noel would not marry Liza. Yes. the sale of a real property by an agent without a special power of attorney is valid.b. Grant the action for annulment on the ground that the forms and solemnities of contracts. Dismiss the action for annulment on the ground that the property subject of the case is located in Singapore. a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court. because without the threat. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. No. because in donation there is no exchange of value. 76.A. Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. the law of Singapore shall govern. Dismiss the action for annulment on the ground that the forms and solemnities of contracts. 77. No. vitiates the consent of Noel in contracting the marriage. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code? a. because the threat made by Miguel is just and legal. Yes. b. As a consequence of the threat. None of the above. thus. No. Noel and Liza were sweethearts. d. only those who had paid at least 2 years of installment and defaulted later. No. d. No. Under the laws of Singapore. No. because it is not part of Obligation and Contract of New Civil Code. b. b. No. provided it will not violate their contract. because in sale there is exchange of values. e. b. 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. it is applicable only to buyer in installment of appliances. d. Miguel. No. Knowing that Noel was preparing for the bar examinations. d. No. Liza became pregnant. wills and other public instruments shall be governed by the law of the country in which they are executed. 12 . 6552 (Maceda Law). because there is no exchange of value. Yes. No.

2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. Thereafter. One year after the execution of the contract. 1992. that they were voluntarily dissolving their conjugal partnership. on the other hand. Marvin was married to Charina on February 14. 1990. 81. 13 . Yes. d. Wendy. d. c. Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. 1998. A contract was executed between them which already vested upon Wendy full ownership of the property. continued to be gainfully employed and was able to acquire properties through his own efforts. they executed a public document wherein they declare that they had no debts. on the other hand fell in love with David and they decided to live together as husband and wife on May 12. they lived apart. Grant the action for annulment on the ground that Shantung Company did not authorized Magdalene to sell the property. The land is conjugal because the installments were paid from the conjugal partnership funds. although payable in monthly installments for a period of 4 years. Six (6) years after or on September 8. Reynaldo. single. c. 80.00. b.000. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. Charina died living a considerable amount of properties.d. Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David. no need to secure a marriage license. Thereafter. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Charina and David decided to get married on February 14. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. assisted by her grandparents. filed a petition questioning the validity of her marriage to David. subsequent installments were paid from the conjugal partnership funds. as the ratification of their marital cohabitation is not valid. Ana engaged in business which unfortunately failed. bought a parcel of land in Dagupan City from Amante for P600. Charina gave birth to a baby girl she named Noreen. Marvin left the conjugal dwelling. Due to irreconcilable differences. Two (2) years later. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo? a. thus. 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. Is the land conjugal or paraphernal? a. If you were the judge. Grant the petition on the ground that the marriage is void ab anitio. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. The land is both conjugal and paraphernal because the installments were paid from both the personal funds of Wendy and the conjugal partnership funds. Noreen. Free at last. The land is paraphernal because ownership thereof was acquired before the marriage. the husband of Charina. Hence. and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Wendy got married to Lorenzo. how will you decide on the petition? a. 79. b. Charina. The land is paraphernal because it was Wendy who purchased the same. because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry. Marvin died in an accident.

thus it will not affect the validity of the marriage. thus. embassy claims that such marriage is void from the beginning. which the latter accepted in a private instrument.000. because when Casey died. No. before a marriage license can be obtained. The U. because the law provides that when either or both of the contracting parties are citizens of a foreign country. embassy later on issued a certificate of legal capacity to contract marriage. provided that such marriage is celebrated in accordance with the laws of such consular official. After 6 months of pregnancy. because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries. an American national. Voidable. Void. 84. a Filipino Citizen last March 8. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. Yes.S. Casey died 22 hours after birth. c. c.00 to the unborn child of his cousin Laura. because the donation never produced any legal effect as Casey. got married in the consular office of the Philippines in Australia. 14 . married Darna dela Cruz. 83. because according to the laws of Australia. b. Valid.00. never acquired civil personality. because the marriage license was wrongfully obtained by the parties. Clark Kent. during the defect in the issuance of the marriage license. embassy tenable? a. Is Jessie entitled to recover the money he donated? a. to submit a certificate of legal capacity to contract marriage. b. No. such consular official has authority to celebrate the marriage. it shall be necessary for them.000. because such marriage is recognized as valid in the place where it was celebrated. thereby invalidating the marriage. d. d. No. the fetus was born and baptized Casey. Valid. because the donation is valid as Laura already accepted the same b. Jessie sought to recover the P200. d. a marriage solemnized by a consular official is valid. Yes. Laura. d. According to the laws of Australia. because the U.b. because there is an irregularity in the authority of the consular official to solemnize marriages. because the donation is void as the acceptance was not made in a public instrument. thus producing no legal effect. No. because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana. because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage. Is the contention of the U. because there was an agreement between the parties to voluntarily dissolved their conjugal partnership. c. Yes. 82. c. No. No. a Filipino citizen and John Riel. as Casey’s heir. Glenda. Yes. because the consular official has no authority to solemnize the marriage.S. the supposed donee. Jessie donated P200. an Australian citizen. 1992 with a valid marriage license. inherited the money donated by Jessie. What is the status of the marriage of Glenda and John Riel? a. Yes. issued by their respective diplomatic or consular officials.S.

d. No. 90. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb. he is physically incapable of sexual intercourse 91. c. a. 89. if one spouse has abandoned the other. valid there being a marriage license validly obtained by the parties. d. Filipinos are governed by their national law with respect to the following matters. b. d. it had an intra-uterine life of 9 months but dies in the maternal womb. b. d. under special circumstances. 87. by agreement of the spouses. Yes. if one of the spouses has given ground for legal separation. because ignorance of the law excuses no one. All of the above. except: a.85. upon order of the court. it was aborted on request of or with permission from the father to save the life of the mother. c. e. b. a fetus may be considered born if: a. c. voidable there being a defect in the formal requisite. c. because the rule allows no exemption. void in the absence of a valid marriage license. e. the wife is suspected of infidelity. No. valid there being good faith on the part of the parties. Separation of property between spouses during the marriage may take place only: a. A marriage is void if: 15 . the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. e. e. d. Excited over their impending marriage. 86. it had an intra-uterine life of 8 months but is dead upon delivery. they were living apart. e. The husband may impugn the legitimacy of his child but not on the ground that: a. b. if only one of the spouses is earning. legal capacity family rights and status personal property testamentary succession intrinsic validity of wills 88. For civil purposes. c. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery. b. c. e. b. the child could not be his for biological or scientific reasons. The doctrine of “Self-Help” is an exemption that a person should not take the law intro his own hands. the husband had a serious illness that prevented him from engaging in sexual intercourse. d. because everybody should be law abiding citizen. The marriage is: a. No. valid there being only an irregularity in the marriage license.

All of the above. The legitimacy of the child may be impugned by: a. 96. marriage. d. No. c. c. the prosecuting attorney has to conduct his own investigation. b. e. wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. the spouses will be entitled to live separately upon the start of the trial. solemnized with a marriage license issued without complying with the required 10-day b. if any his brothers or sisters his aunts or uncles none of them 95. On March 3. within five years upon knowledge of the STD. solemnized by a minister whom the parties believe to have the authority. Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment. b. of the cause.a. No. wife learned that husband is afflicted with STD. anytime during the marriage. No. d. b. the aggrieved spouse may file the action within 5 years from the time of the occurrence b. a. between a woman and her husband’s killer/holdup per. Three years after marriage. c. c. solemnized by a commanding officer between two members of his battalion. posting. anytime during the lifetime of the husband. the decree will not be granted solely on the basis of admission. In legal separation: a. a. within five years after marriage. Apparently. 16 . d. 92. 1995. e. d. Excessive donation inter vivos may be revoked or reduced after the death of the donor. the incapacity must be proven to be existing at the time of the celebration of the b. anytime during the lifetime of the wife. Yes. he has been afflicted even before the marriage but concealed such fact. between parties both 23 years of age but without parental advice. e. the roots of the illness can be traced to the history of the subject the incapacity appears to be incurable. e. c. the illness must be grave the burden of proof must rest on the respondent. c. no trial shall be held without the 6-month cooling off period being observed. 94. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27. because it took effect while the donor is still alive. An action for annulment may be filed by the wife. 93. e. in so far that it reduces the legitimate of the compulsory heirs. d. his parents his illegitimate child. a. d. e. 1996. because it is not practical. because it will impair the right of a person to enter into a contract.

A husband by chance discovered hidden treasures on the paraphernal property of his wife. No. A. Yes. provided that the basketball court be declared first as a public nuisance d. No. Mr. 10 years 5 years 7 years answer not given 99. because the case is inlay civil in nature c. for the purpose of commercial law d. No. Easement because the servient estate is under obligation to let others use the property c. Yes. Are growing crops real property? a. for the purpose of civil law b. a. J did not pay any permit to the local government 103. None. After ten years branches of the mango tree encroached the air space of B. easement or usufruct? a. Which one is more burdensome. No. may Mr. of the principle “accessory follows the principal b. a and b 98. No. because the donee has no name yet to whom the land is to be transferred 102. because there is no donee yet b. Yes. Mr. Action for rescission on the account of lesion will prescribe within --a.97. Usufruct because the usufructuary has possession and fruits of the property b. None of the above 101. The half pertaining to the wife (as owner) belongs to the conjugal partnership c. Easement because easement is enforceable even if there is no contract 100. provided the child be born alive or to live for at least 24 hours under certain conditions d. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property. All of the above e. J constructed a basketball court at the middle of the street. d. because the remedy is only destruction or removal b. a. B. donated a parcel of land to the unborn child of H and W. for the purpose of criminal law c. is the donation valid? a. because in both cases there is no transfer of title d. No. b. in accordance with the law of easement 17 . because there is no one yet to accept the donation c. J be charged criminally in court? . c. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. provided that Mr. who owns the discovered treasure. the tree is planted in his (X) land c. Mr. X is the owner of the encroaching branches because… a. d. Yes. The half pertaining to the husband (finder) belongs to the conjugal partnership b. No.

Which among the churches listed below is owned by the Roman Catholic Church? a. Which among the properties of the states that could be the subject of prescription in favor of a private person? a. Quiapo Church constructed after 1898 b. d. e. b. Vigan Church constructed before 1898 106. Which of the following marriages is void for reasons of public policy? a. 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 no longer intended for public good and public welfare c. Environmental Impact Statement (EIS) c. Manila Cathedral constructed before 1898 d. None of the above 104. Juridical Personality is inherent in every natural person.d. those no longer intended for public use and public service b. res communes c. Between brothers and sisters. and therefore it is not acquired. Environmental Compliance Certificate (ECC) b. Which of the following is not included in the attributes of juridical capacity? 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. San Agustin Church constructed before 1898 c. res nullius b. c. Juridical capacity is lost only through death 18 . Joint Venture Agreement (JVA) d. All of the above e. Mineral Resource EDUC Certification 109. forest land c. Patrimonial Property of the State refers to a. occupied or utilized by indigenous cultural minorities themselves or through their ancestors by 108. seashore 105. public road d. those actually possessed. None of the above 107. agricultural land b. b. res alicujus d. Which among the group of things listed below could not be considered as a property? a.

c. d. The donation shall be automatically revoked in case of non-celebration of the marriage c. Juridical capacity cannot exist without capacity to act e. e. e. e. b. Which of the following circumstances does not terminate the absolute community of property? a. Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude b. c. homosexuality or lesbianism existing at the time of marriage d. d. Concealment of drug addiction. habitual alcoholism. the two got married without a marriage license. b. None of the above 113. The donation must be made in favour of one or both of the future spouses e. In view of the pronouncement of Bruce’s doctor. d. When there is a decree of legal separation None of the above 114. The donation must be made before the celebration of the marriage b. 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. Which of the following is not a ground for extinguishment of parental authority? a. 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. existing at the time of the marriage c.c. Which of the following is not a requisite for a valid donation propter nuptias? a. None of the above 111. Six (6) 19 . The donation must be made in consideration of the marriage d. Juridical capacity can be limited or restricted d. regardless of its nature. The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage. except? a. Concealment of drug addiction of a sexually-transmissible disease. Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage e. Upon the death of the child Upon adoption of the child Upon appointment of a general guardian All of the above None of the above 116. All of the above 112. The general rule is that both husband and wife must jointly adopt except in the following cases: a. Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Bruce was engaged to Margarita. c.

hence.00 and the donation and acceptance were not in writing. criminal and administrative liability d. 20 . How do you classify this nuisance? (a) Nuisance per se. Charlie demanded the return of the watch from Danny. to work as a nurse in 2005. they had a serious quarrel. b. (b) Valid. Laguna. Which of the following does not characterized legal separation? a. (d) Void. because the value of the thing donated exceeded Php 5.000. Unenforceable e. because it is only a nuisance based on its location and circumstances. (c) Nuisance per se. What is the nature of this donation? (a) Valid. Valid but subjects the party responsible to civil.00 to his friend Danny as a birthday gift. August 30. 4 years old and 2 years old. Void ab initio 117. a. Valid c. One month later. Voidable b. because it is always a nuisance. In a residential subdivision in San Pedro. (b) Nuisance per accidents.S. Bruce died. 121. Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day. therefore remarry There are ten (10) grounds for legal separation None of the above 118. because the value of the thing donated exceeded Php 5. The Civil Code of the Philippines took effect on: a. 1950 June 30. c. Danny refused to return the watch. (c) Void. d. 120. Danny readily accepted the gift with profuse gratitude.months thereafter.000. because there was intention to donate and delivery by the donor Charlie. Amelia went to the U.000. Benjie and Cherry. What is the status of the marriage between Bruce and Margarita. 1949 119. c. She left her two (2) children. e. b.000 and the donation and acceptance were not in a public instrument. because there was acceptance and receipt of the donated personal property by the donee Danny. because it affects the entire subdivision (d) Nuisance per accidents. 1950 August 30. Amelia and Arsenio are married. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. The marriage is not defective The grounds arise only after the marriage The spouses are still married to each other and cannot. Charlie gave his diamond-encrusted watch worth Php 25. regardless of its location and surroundings. 1951 June 30. d. because it affects and annoys the entire residential subdivision.

No. he met Angie and fell in love. because the painting was owned by Brad 21 . 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. Arsenio. a. was able to get his children from their maternal grandparents. because the grandparents are more financially capable of providing for the needs of the children. aside from witnessing the will. Clara was run over by a drunk driver while crossing the street in Greenbelt. Jennifer acquired it and placed it in his bedroom. In 1986. Angie refused and claimed that Brad. in his will. through trickery. While the will was being signed. Jennifer and Brad were madly in love. bequeathed the painting to her is Angie correct? Why or why not? a. A week after. Danilo and Elenita. Clara fell down the stairs and broke both her arms. Brad and Jennifer broke up. d. b. No. c. In 1989. May the will of Clara be admitted to probate? Give your reasons briefly. In 1990. Arsenio. Yes. b. their mother must have custody over the children. Clara thinking of her morality. Later. do not want to give his children to him. because the children should be given back to their mother considering that being both less that 7 years of age. Saddened by Brad’s death. Also offered to notarize it. Hannah. 122. drafted a will and asked Roberta. because a certain Picasso painting reminded brad of her. 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. because the mother Amelia has transferred her parental authority over the children in favor of the grandparents. Hannah while waiting for her turn to sign the will. Yes. Roberta. because his parents-in-law. Clara insisted on signing her will by thumb mark and said that she can sign her full name later. beside the table on which everyone was signing Benjamin. c. (d) No. with her parents. d. 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. experienced a stomach ache and kept going to the restroom for long period of time. (b) Yes. Can the grandparents claim back the children? (a) Yes. Coming from the hospitals. 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. While Brad was mending his broken hearth. Brad in his will bequeathed the painting to Angie. Jennifer asked for the Picasso painting as a remembrance of him. 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. because the testatrix was not 124. because parental authority should be vested on the present parent.respectively. Brad died 1995. (c) No. Because the Picasso painting reminded Angie of him. Luisa and Benjamin to be witnesses during the day of the signing of her will. was reading the 7 th Harry Potter book on the couch. Yes.

and Cherry dies. a. the legally adopted daughter of Ramon. Hans and Gretel shall not inherit from Ramon. The relationship created by fiction of law extends only the adopter and adoptee and does not extend anymore to parents of the adopter. Yes. The following constitute fraud which is a ground for annulment of marriage a. Who may inherit from Ramon and who may not? Give your reason briefly. on the other hand. A valid marriage licence secured prior to the marriage is a formal requisite to make the marriage valid except. No. because the painting was given as legacy to her by Brad.b. Fiona. Lia shall inherit from Ramon because the iron-barrier rule is not applicable his being illegitimate daughter of Anna. marriage before the consul. because the painting was given to Brad as a gift by Jennifer. e. c. Anna. Shelly shall not inherit being the legally adopted daughter of Cherry. concealment of pregnancy of the wife by a man other than the husband b. d. Hans and Gretel. Lia. concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable d. d. 125. letters a and b e. all of the above 128. c. 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 22 . In 2005. c. concealment of drug addiction. She enjoys the same rights and privilege just like a legitimate child. Prior to their marriage. Anna never married. a. marriage in articulo mortis b. including successional rights d. Anna. Yes. In 1973. b. homosexuality or lesbianism existing at the time of marriage c. Dessa died while giving birth to Larry. consul-general or vice consul between Filipino citizens abroad d. All of the above 126. letters a and b e. Cherry. the illegitimate daughter of Ramon. legally adopted Shelly. the iron barrier rule applicable in this case. In 1971 and 1972 Ramon and Dessa legally adopted Cherry and Michelle respectively. assume all formalities and procedural requirements have been complied with: in 1970 Ramon and Dessa got married. b. Hans and Gretel are the legitimate son of Ramon. Larry had twins. all of the above 127. Ramon had a child. Larry. For purpose of this questions. because the real owner of the painting was Jennifer. Michelle shall inherit from Ramon being the legally adopted daughter of Ramon. Anna had a child. The absolute community of properly terminates a. marriage between parties who have been cohabiting for at least 5 years without any legal impediment to marry each other c. with his girlfriend. habitual alcoholism.

all of the above ANSWER KEY IN CIVIL LAW 1 1. C 3. B 69. C 2. 67. C 68. A 23 . C.e.

B 45. C 93. C 123. C 12. D 29. E 92. B 121. B 37. C 87. A 11. D 110. E 60. B 117. D 99. A 95. B 46. C 40. B 25. C 28. D 81. A 50. D 62. B 107. A 77. D 61. C 17. D 111. A 15. D 74. A 100. C 58. A 31. A 20. E 70. D 47. B 21. A 18. B 16. B 49. E 72. A 86. A 32. D 127. C 88. A 14. A 91. C 124. C 76. B 56. C 26. C 102. C 78. D 104. A 106. D 55. B 97. A 105. B 44. D 39. D 19. C 6. C 120. B 30. C 125. C 75. B 27. D 112. A 52. D 71. B 80. B 9. C 83. C 122. C 41. C 89. C 8. D 118. C 98. A 36. B 7. D 38. C 103. D 43. B 109. D 24. B 113. A 82. C 48. B 10. E 54. C 119.4. C 94. A 96. C 5. E 115. B 90. C 79. E 128. E 114. B 35. E 53. B 51. D 63. D 42. D 23. E 116. A 22. D 84. B 13. C 101. A 85. B 57. D 59. A 33. B 108. D 73. D 34. E 126. E 24 .

C 25 . C 65. E 66.64.

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