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and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.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. b. c. d. The surviving spouse shall inherit the whole hereditary estate. The surviving spouse shall inherit ½ of the estate. The surviving spouse shall inherit 1/3 of the estate. 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. b. c. d. No, because the best and only evidence of the handwriting is the will itself. No, the probate court has no jurisdiction. No, because the testator is still living. Yes, because secondary evidence may be presented.

15. Disposition captatoria means that the heir shall make provisions in his will: a. b. c. d. In favor of another heir In favor of testator or any other person In favor of the state In favor of a legatee

16. Preterition or omission of one, some, or all the compulsory heirs, or some of compulsory heirs in the direct line whether living at the time of the execution of the will or born after the death of the testator shall: a. Make the will voidable b. Make the will void


Both b and c are correct. b. b. because this is a statutory right. Falsification of public document. true and existing cause expressly stated. a. c. Slander by deed. Make the will unenforceable 17. c. b. because a forgery is a criminal action. c. When an injury or damage is caused to another. its genuineness and due b. if the bailee was negligent in the use of the thing borrowed. d. as a matter of course. No. 23. even if the cause of the expense was the fault of a third person. the source of the obligation is: a. if the amount borrowed is very large. Both a and b are correct. Annul the institution of heirs d. because the probate of the will is an evidence of its due execution and authenticity. c. c. if there is an agreement in writing to that effect. Must be total and complete and said cause stated in the will. a and b 24. if the lender so demands at the maturity date. Origin b. 18.c. b. and the testamentary capacity of the testator. Perjury and false testimony. Probate seeks to determine whether the will is formally valid. What are the objectives of Probate proceedings? a. d. Law Contracts Quasi-contracts Quasi-delicts 19. b. The disinherited heir must be clearly identified and the will is not revoked. 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. c. e. Propositus 3 . The requisites are: a. execution. if the extraordinary expense arose out of the actual use of the thing. d. Must be a valid will with legal. 20. Yes. b. 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. there being fault or negligence and there is no pre-existing contractual relation between the parties. All of the above. The borrower in a contract of loan or mutuum must pay interest to the lender. Probate proceedings seek to establish the identity of the will. a. Yes. After the probate of a will. d. he gave notice to the bailor before he incurred the expense. d. 21. c. d. 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. Probate seeks to determine whether the will is intrinsically valid. may a case for forgery be filed against an instituted heir? a. What crimes committed by a convict will disqualify him as an instrumental witness to a will? a. No. 22. because the probate of the will is a justifying circumstance. d.

forgery is a criminal action. because the wills have different voluntary heirs. it is his statutory right. In reserve troncal the relatives within third degree coming from the same line inherit from: 4 . A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. representation is allowed in case of disinheritance. b. Yes. he is the legal representative. Is the objection tenable? a. c. Yes. 28. c. No. not mortis causa. One of the voluntary heirs objected because joint probate is invalid. c. it only prohibits disposition of property inter vivos. Spouses M and N executed two (2) separate wills containing the same provisions. No. because M and N are spouses. there is no blood relationship between A and C. the probate is a justifying circumstance. Representation is not allowed by law. No. because there was no gratuitous conveyance. c. In the probate of Y’s will. 30. he is a voluntary heir. it is an accessory penalty. d.c. b. No. c. Yes. d. 32. X was disinherited by his father Y. because X is no longer the owner of the conveyed properties. he is a compulsory heir. b. it is inconsistent with public policy. Yes. d. c. b. Can C represent B in the inheritance of A? a. Yes. their compulsory heirs filed a petition for joint probate of their wills. b. No. 29. they are considered advanced legitime. are the conveyed properties subject to collation for determination of the heirs’ legitime? a. No. No. d. the probate of the will is an evidence of the due execution of the will. Yes. Yes. a. Yes. b. No. Reservista d. No. this is a statutory right. can the children of X represent their disinherited father? a. d. After their death. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. c. Yes. No. 26. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse. After X’s death and the probate of his will. No. joint wills are not allowed in the Civil Code. b. A has a son B and the latter adopted C. because the heirs are already the owners of the conveyed properties. Will this action prosper? a. the disinheritance affects the heirs of the disinherited person. No. Can a criminal convicted of a crime which carries civil interdiction execute his will? a. d. B predeceased his father. substitution of the disinherited person is allowed. d. Yes. because practicable considerations dictate the joint probate of the wills. Reservatorios 25. 27. Yes. 1/3 ¼ 1/8 ½ 31. Yes.

because the redemption inured to the benefit of all co-owners. because the funds belong to him alone. 40. The owner of the contiguous land. 38.a. c. Did X become the sole owner of the property. because there is registration by fiction of law. but is not physically segregated from the first. b. There must be more than one subject or owner. Total loss of the thing. No. c. 5 . Yes 36. Yes. Which of the following is not a characteristic of a co-ownership? a. 39. Yes. Belongs to the land adjoining it. The accretion belongs to the state. Yes. another heir testator the State a legatee or devisee 35. b. d. Date of death of testator 34. Each share is definite in amount. a. b. The following are the classes of possession except. If there is accretion formed. c. d. Date of repudiation or renunciation b. X redeemed it during the period of redemption with his personal funds. Disposition Captatoria is void because the heir makes a disposition in his will in favor of: a. 37. because it is not covered by a Torrens title. No. a. c. Bad use of the thing in usufruct. and Z are co-owners of a real property which was mortgaged to A. May the alluvial deposits be lost by prescription in favor of another? Choose the best answer. d. No. The following are modes of extinguishing usufruct except. Expiration of the period for which it was constituted. d. Descendant propositus Reservista Origin Testator 33. d. The co-ownership has juridical personality. d. c. There is one physical whole divided into ideal shares. because Y and Z did not consent to the redemption. because his redemption vest in him sole ownership. b. b. The northeastern portion of the land of X is bounded by the Manila bay. d.Y. X. b.. The renunciation or repudiation of inheritance shall take effect: a. Merger of the usufruct and ownership in the same person. c. Possession in one’s name or possession in the name of another. c. No. a. Date of will c. b. because it is covered by a Torrens title. Date of allowance of will d. a. thereby terminating the co-ownership? a. The riparian owner. who owns the accretion? Choose the best answer.

it is always a real action since the subject is real property. e. Those made to public officers or their spouses. d. but of different concept. a. provided the subject is personal property. No. c. provided the land is not titled. No. b. 48. That if there is outlet. because the other is just a mere tenant. Yes. 46. e. b. Possession in the concept of an owner or possession in the concept of a holder. c. by reason of their office. d. No. b. Yes. only after his demand for the cutting is ignored. c. Abatement without judicial proceedings. d. Those obliged to support one another. because he is in actual possession of the land. No. Yes. d. a. a. c. c. Possession with just title. No. Minerals are still owned by the state even if discovered from a private land. except. b. it will violate property and property rights. only the owner. None of the above. it is not convenient to the dominant estate. Yes. because the decision is enforceable only against the defeated party. No. b. The nature of action in Quieting of Title is in personam. The following are the requisites of the easement of right of way. c. 42. or ascendants. a. e. There must be no adequate outlet to a public highway. Yes. e. c. In case of roots of a neighboring tree intruded to the state of another.b. The owner and the tenant are in both possession of the land subject of the lease contract. No. d. because the constitution so provides. 47. None of the above. The following are the remedies against private nuisance. Yes. as general rule. descendants. only after 10 years from service of notarial prohibition. 45. either of them. Yes. a. the neighboring owner has the right to cut it off. Yes. None of the above. A civil action A prosecution under the penal code or any local ordinance. because it is non-apparent. Yes. 6 . 41. because notarial prohibition makes apparent what is non-apparent. d. because the decision is enforceable against the whole world. Those found guilty of the same criminal offense in consideration thereof. No. 44. only the tenant. The property is surrounded by other estate. because it is provided for by law. Yes. The following are disqualified to donate to each other. b. c. Negative easement may be acquired by prescription through notarial prohibition. There must be indemnity. if the land is titled to a private person. d. a. a. 43. d. b. except. a. Those guilty of adultery or concubinage at the time of the donation. None of the above. Possession in good faith or bad faith. except.

c. Both provisions are correct. c. statement 2 is incorrect. Why? a. Yes provided it will not prejudice third person/s. Such process is known as: a. e. you have to prove it by extrinsic evidence. e. Yes by agreement between the parties. because ignorance of the law excuses no one. only after 10 years of prescription. exchange. A and D are correct. 2. c. Yes. No. c. b. Under our law Good Faith is presumed. because bad faith could be inherited. A. Yes. 52. Yes. or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. Alluvion Avulsion Adjunction Commixtion 51. e. Statement 1 is correct. 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. d. Because it is the right thing to do. Both statements are correct. 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. Which statement is correct? 1. d.. each condominium separately owned shall be separately assessed. d. c. because he owns the roots that intruded at his property. 2. sell. e. d. It is a process whereby the current of a river. No. creek. 7 . statement 2 is correct. b. b. for purposes of real property taxation and other tax purposes. 49. In like manner. d. industrial and civil fruits belong to the owner. a. A real property is always a real property. Yes. 2 is incorrect. b. c. to the owners thereof and tax on each such condominium shall constitute a lien solely thereon. without permission from the owner of the tree. Provision 1 is incorrect. 54. B & C are all correct. because it should be proven in court. as a general rule. why? a. 2 is correct. during its existence. Because of express provision of our law/s. Yes. Whenever real property has been divided into condominiums. 53. d. b. Natural. No.b. No. Both provisions are incorrect. c. a. A condominium corporation shall not. it is to be proven beyond reasonable doubt. Statement 1 is correct. Which provision of the Condominium Act (RA 4796) is correct? 1. b. 50. A and B are correct. No. May a real property be classified validly as personal property? a. Yes. because bad faith is personal. Provision 1 is correct. Yes by special provision of our laws. Bad Faith is not presumed.

In formation of an island. 61. by agreement with the parties. the court may acquire jurisdiction only after: a.55. because the soil added cannot be identified. d. Why? a. No. Yes. the government is always represented by whom? a. e. By the Register of Deeds. because he is in bad faith. By the Office of the City Prosecutor. e. e. c. Yes. but only to necessary expenses. Yes. but if the condition/consideration had been fulfilled already. because the property is titled. In land registration cases. 8 . it is considered as acquisition by law. By the Bureau of Land. b. Yes. Only if the subject is real property. By the Office of the Solicitor General. because it will violate the constitutional rights of the parties. No. d. but only to useful expenses. for economic reason. Yes. c. No to all kind of expenses. No. A possessor in bad faith of a land is entitled for reimbursement as a matter of right? a. No. No. 59. Yes. b. No. Service of summons to the respondents/defendants. d. d. Because he was divested of his two (2) major rights. in accordance with our customs. Because it is a good name. B and C are correct 60. Upon publication. Because the owner lost possession of the property. c. No. e. By a private counsel hired for that matter. Yes. 57. b. c. Because of the agreement of the parties. as a general rule only. the owner of the nearest margin/distance is the owner of the new island? a. because a land covered by Torrens Title is not subject to prescription. b. Yes. because the contract shall be contrary to law. c. Yes. Upon filing of the answer by the respondent/defendants. In land registration cases. b. e. Yes. 56. because it was not one of the seven (7) modes of acquiring ownership. if the river is navigable or floatable only. if the condition/consideration had not been fulfilled yet. e. d. Yes. c. c. b. b. Upon filing of the petition/complaint. but only to luxury expenses. 62. In the contract of usufruct. After trial of the case. Illegal condition/consideration will result to nullity of the contract of donation? a. A Torrens Title is not a protection in alluvium? a. 58. d. Accession is not a mode of acquiring ownership? a. because it is neither alluvium or avulsion. e. Because of the principle that accessory follows the principal. the owner of the property is being called the naked owner. d.

The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into his own hands. Yes. b. c. No. because it injures or endanger our health and safety.D. because it is enforceable against the world. from the time of the delivery of the condo unit. c. d. because ignorance of the law excuses no one. because his ownership is identified. if the easement is for use of another real property. Yes. because if you failed to register it. Yes. Yes. a. d. because it is a recent law. c. you may lost it by prescription. Easement is always a real right. No. defies or disregards decency or morality. No. No. d. c. provided it is stated at the Master Deeds. e. In perpendicular co-ownership. 67. Yes. Yes. because everybody should be law abiding citizen. d. No. 65. d. under special circumstance only. c. Yes. because a local ordinance should not be repugnant to law. May a local ordinance extinguish a legal easement? a. Yes. d. b. d. because it shocks. b. All are correct. because the rule allows no exemption. Yes. Only if the river is non-floatable or non-navigable. Yes. No. Yes. Because of the express provision of laws. in the case of contractual easement only. b. e. C and D are both correct 68. None of the above. No. Yes as provided for by the New Civil Code. All of the above. because the local ordinance is not valid for being contrary to law. because it is a property use limitation. No. all the co-owners must share proportionately. from the time he fully paid the purchase price. 1529. a. Only if there is a dries-up river bed. b. a. A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right. e. a. c. each floor owners must bear expenses pertaining to his own floor? a. No. Yes. Yes. d. 66. No. it is only for the protection of ownership rights. 9 . Yes. 69. e. as expressly provided for by law. Yes as provided for by P. Yes. Yes. Registration of the Register of Deeds is a mode of acquiring ownership. if the easement is for use of person only. C and D are correct. e. c. if the local ordinance expressly provided the same. 63. b. e. e. Yes. it is covered by Condominium Law. b. A nuisance is one of the most serious hindrance to the enjoyment of life and property. a. because it annoys or offends our senses. Only if the river is floatable or navigable. because it hinders or impairs the use of property. c.b. from the time he signed the Contract of Sale. 64.

to be covered by the law. b. because both acts transfer ownership. Yes. c. because registration will give jurisdiction to our court. 77. Under Intellectual Property Code. it is being tolerated anyway. B and C are correct.e. because registration will give you such protection. b. because there is no exchange of value. it is applicable only to buyer in installment of appliances. 72. because it is economical. No. it is required that you register your business in the Philippines. c. e. b. No. they have to apply for it first at HLURB to be covered. e. Reproduction of books by Xerox or photocopying is a violation of the Copyright Law? a. Noel and Liza were sweethearts. No. No. e. Yes. Liza became pregnant. because it is an act of man only. 75. No. None of the above. c. No. b. because the subject of the case is always a real property.A. Yes. c. e. provided it will not violate their contract. Yes. b. provided the subject is a personal property. d. Yes. Yes. if there is force upon thing. No. d. b. Knowing that Noel was preparing for the bar examinations. because the operator of the Xerox Machine does not pay his income tax. Yes. 73. because in donation there is no exchange of value. because it is the intent and spirit of the law. None of the above. because it is a gratuitous contract. because there is no more owner to speak with. No. No. c. d. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself? a. No. only those who had paid at least 2 years of installment and defaulted later. No. c. because it deprives the author of his royalties. Yes. No. 70. b. e. a. d. 71. a. 76. thus. Yes. because in sale there is exchange of values. No. preventing him from taking the 10 . 6552 (Maceda Law). d. 74. All of the above. No. because there is no law that prohibits it. Donation of the same thing to two or more persons shall be governed by the rule on double sale? a. No. Yes. a. e. because they are covered by different chapters of the New Civil Code. because it is not part of Obligation and Contract of New Civil Code. because the decision is enforceable only against the litigating parties. Donation is both an act and a contract. because the law is design to protect registered and non-registered owner. like in prescription. d. Yes. c. because they are of different contracts. because the law is design to protect world wide piracy of products. No. because the owner lost only physical possession. No. because there is no force upon person. No. because the decision in the case is enforceable against the whole world. d. All installment buyers of real estate are protected by R. Miguel. Yes. The nature of action in Quieting of Title is in personam. No. a. a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court. e. Yes.

because the threat made by Miguel is just and legal. c. Free at last. Grant the action for annulment on the ground that the forms and solemnities of contracts. d. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. c. because Miguel is not a party to the contract of marriage between Liza and Noel. Noel would not marry Liza. 78. Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David. Marvin was married to Charina 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. If you were the judge.00. Charina died living a considerable amount of properties. No. wills and other public instruments shall be governed by the law of the country in which they are executed. 1992. The land is conjugal because the installments were paid from the conjugal partnership funds. The said contract of sale was executed before the vice consul of the Philippines in Singapore. c. The land is paraphernal because ownership thereof was acquired before the marriage. The land is both conjugal and paraphernal because the installments were paid from both the personal funds of Wendy and the conjugal partnership funds. bought a parcel of land in Dagupan City from Amante for P600. Marvin left the conjugal dwelling. Grant the action for annulment on the ground that Shantung Company did not authorized Magdalene to sell the property. Marvin died in an accident. thus. The land is paraphernal because it was Wendy who purchased the same. b. Charina. although payable in monthly installments for a period of 4 years. Due to irreconcilable differences. 1990. wills and other public instruments shall be governed by the law of the country in which they are executed. Yes. vitiates the consent of Noel in contracting the marriage. Wendy got married to Lorenzo.000. how will you decide on the petition? a. 1998. Wendy. which of the following courses of action should you take? a. assisted by her grandparents. Under the laws of Singapore. Yes. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code? a. filed a petition questioning the validity of her marriage to David. 11 . to enforce the claim of Liza. As a consequence of the threat. d. 80. on the other hand fell in love with David and they decided to live together as husband and wife on May 12. Is the land conjugal or paraphernal? a. Charina gave birth to a baby girl she named Noreen. because without the threat. Charina and David decided to get married on February 14. 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. Noreen. Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. 79. Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. Dismiss the action for annulment on the ground that the forms and solemnities of contracts. A contract was executed between them which already vested upon Wendy full ownership of the property.examinations unless he marries Liza. single. If you were the judge. One year after the execution of the contract. Thereafter. Two (2) years later. because the threat. b. By virtue of the said contract. the sale of a real property by an agent without a special power of attorney is valid. b. d. No. Six (6) years after or on September 8. 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. Noel married Liza. subsequent installments were paid from the conjugal partnership funds.

No. Yes. inherited the money donated by Jessie. as the ratification of their marital cohabitation is not valid. embassy later on issued a certificate of legal capacity to contract marriage. as Casey’s heir. because the donation never produced any legal effect as Casey. thus producing no legal effect. because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries. Laura. thus it will not affect the validity of the marriage. After 6 months of pregnancy. married Darna dela Cruz. no need to secure a marriage license. Yes. 84. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. it shall be necessary for them. c.S. a Filipino citizen and John Riel. a Filipino Citizen last March 8. continued to be gainfully employed and was able to acquire properties through his own efforts. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. because the U. the fetus was born and baptized Casey. 83. Clark Kent. No. they executed a public document wherein they declare that they had no debts. No.S. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. 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.b. provided that such marriage is celebrated in 12 . never acquired civil personality. b. they lived apart. because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage. Yes. to submit a certificate of legal capacity to contract marriage. Yes. during the defect in the issuance of the marriage license. d. d. No. Yes. 82. 81. embassy tenable? a. a marriage solemnized by a consular official is valid. thus. Thereafter. d. Ana engaged in business which unfortunately failed. The U. c. b. because there was an agreement between the parties to voluntarily dissolved their conjugal partnership. Reynaldo.00 to the unborn child of his cousin Laura. and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Is Jessie entitled to recover the money he donated? a. d.000. because the donation is void as the acceptance was not made in a public instrument. Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. thus. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo? a. Grant the petition on the ground that the marriage is void ab anitio. on the other hand. According to the laws of Australia. Casey died 22 hours after birth. because the law provides that when either or both of the contracting parties are citizens of a foreign country.00. got married in the consular office of the Philippines in Australia. No. the husband of Charina. which the latter accepted in a private instrument. because the marriage license was wrongfully obtained by the parties. the supposed donee. Yes.S. No. Is the contention of the U. thereby invalidating the marriage. Jessie donated P200. c. Hence. that they were voluntarily dissolving their conjugal partnership. because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana. Jessie sought to recover the P200. Glenda. an American national. issued by their respective diplomatic or consular officials. because when Casey died. because the donation is valid as Laura already accepted the same b. c. because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry. embassy claims that such marriage is void from the beginning.000. an Australian citizen. 1992 with a valid marriage license. before a marriage license can be obtained.

he is physically incapable of sexual intercourse 13 . 86. c. it had an intra-uterine life of 8 months but is dead upon delivery. The husband may impugn the legitimacy of his child but not on the ground that: a. because the consular official has no authority to solemnize the marriage. upon order of the court. if only one of the spouses is earning. b. d. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb. d. d. All of the above. c. e. d. the husband had a serious illness that prevented him from engaging in sexual intercourse. b. because ignorance of the law excuses no one. because everybody should be law abiding citizen. under special circumstances. valid there being good faith on the part of the parties. it was aborted on request of or with permission from the father to save the life of the mother. c. because such marriage is recognized as valid in the place where it was celebrated. the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. Filipinos are governed by their national law with respect to the following matters. they were living apart. d. b. because there is an irregularity in the authority of the consular official to solemnize marriages. c. 90. b. b. d. e. b. voidable there being a defect in the formal requisite. void in the absence of a valid marriage license. e. Excited over their impending marriage. No.accordance with the laws of such consular official. b. Valid. 89. Voidable. except: a. The doctrine of “Self-Help” is an exemption that a person should not take the law intro his own hands. a fetus may be considered born if: a. No. The marriage is: a. the wife is suspected of infidelity. because the rule allows no exemption. it had an intra-uterine life of 9 months but dies in the maternal womb. e. if one spouse has abandoned the other. a. valid there being only an irregularity in the marriage license. legal capacity family rights and status personal property testamentary succession intrinsic validity of wills 88. c. Yes. by agreement of the spouses. c. 85. Void. such consular official has authority to celebrate the marriage. valid there being a marriage license validly obtained by the parties. For civil purposes. Separation of property between spouses during the marriage may take place only: a. e. Valid. e. What is the status of the marriage of Glenda and John Riel? a. because according to the laws of Australia. c. No. if one of the spouses has given ground for legal separation. the child could not be his for biological or scientific reasons. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery. 87. d.

posting. e. d. e. No. within five years upon knowledge of the STD. Excessive donation inter vivos may be revoked or reduced after the death of the donor. e. c. The half pertaining to the wife (as owner) belongs to the conjugal partnership 14 . Apparently. because it will impair the right of a person to enter into a contract. d. d. a. No. b. between parties both 23 years of age but without parental advice. In legal separation: a. the aggrieved spouse may file the action within 5 years from the time of the occurrence of the b. the roots of the illness can be traced to the history of the subject the incapacity appears to be incurable. the illness must be grave the burden of proof must rest on the respondent. e. wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. 97. The half pertaining to the husband (finder) belongs to the conjugal partnership b. e. wife learned that husband is afflicted with STD. between a woman and her husband’s killer/holdup per. e.91. On March 3. within five years after marriage. c. his parents his illegitimate child. 92. b. b. a. c. because it took effect while the donor is still alive. All of the above. a. if any his brothers or sisters his aunts or uncles none of them 95. 96. anytime during the lifetime of the wife. The legitimacy of the child may be impugned by: a. the incapacity must be proven to be existing at the time of the celebration of the marriage. c. cause. anytime during the marriage. A husband by chance discovered hidden treasures on the paraphernal property of his wife. anytime during the lifetime of the husband. An action for annulment may be filed by the wife. he has been afflicted even before the marriage but concealed such fact. d. Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment. d. because it is not practical. Three years after marriage. in so far that it reduces the legitimate of the compulsory heirs. No. solemnized by a commanding officer between two members of his battalion. the prosecuting attorney has to conduct his own investigation. Yes. a. no trial shall be held without the 6-month cooling off period being observed. solemnized with a marriage license issued without complying with the required 10-day b. 93. c. solemnized by a minister whom the parties believe to have the authority. the spouses will be entitled to live separately upon the start of the trial. 94. the decree will not be granted solely on the basis of admission. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27. c. d. who owns the discovered treasure. 1995. b. 1996. A marriage is void if: a.

None of the above 101. because there is no one yet to accept the donation c. Which one is more burdensome. None of the above 104. because there is no donee yet b. seashore 105. may Mr. Easement because the servient estate is under obligation to let others use the property c. Action for rescission on the account of lesion will prescribe within --a.c. of the principle “accessory follows the principal b. Mr. 10 years 5 years 7 years answer not given 99. forest land c. No. No. provided that Mr. b. donated a parcel of land to the unborn child of H and W. Are growing crops real property? a. provided the child be born alive or to live for at least 24 hours under certain conditions d. Yes. Yes. All of the above e. c. B. J did not pay any permit to the local government 103. public road d. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property. Yes. because the remedy is only destruction or removal b. because the donee has no name yet to whom the land is to be transferred 102. Easement because easement is enforceable even if there is no contract 100. No. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. for the purpose of civil law b. J constructed a basketball court at the middle of the street. No. for the purpose of commercial law d. because the case is inlay civil in nature c. Which among the churches listed below is owned by the Roman Catholic Church? 15 . Usufruct because the usufructuary has possession and fruits of the property b. None. because in both cases there is no transfer of title d. A. No. No. for the purpose of criminal law c. J be charged criminally in court? . Mr. X is the owner of the encroaching branches because… a. After ten years branches of the mango tree encroached the air space of B. agricultural land b. No. Yes. is the donation valid? a. All of the above e. easement or usufruct? a. Which among the properties of the states that could be the subject of prescription in favor of a private person? a. a. provided that the basketball court be declared first as a public nuisance d. the tree is planted in his (X) land c. Mr. d. in accordance with the law of easement d. a and b 98. d.

Concealment of drug addiction of a sexually-transmissible disease. San Agustin Church constructed before 1898 c. Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage e. those no longer intended for public good and public welfare c. Environmental Compliance Certificate (ECC) b. res nullius b. Quiapo Church constructed after 1898 b. 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. res communes c. Juridical capacity cannot exist without capacity to act e. The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage. Patrimonial Property of the State refers to a. Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude b. habitual alcoholism. All of the above 112. Between brothers and sisters. Manila Cathedral constructed before 1898 d. Which of the following is not a requisite for a valid donation propter nuptias? a. res alicujus d. those no longer intended for public use and public service b. b. c. 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. Which of the following marriages is void for reasons of public policy? a. Mineral Resource EDUC Certification 109. The donation must be made before the celebration of the marriage 16 . None of the above 107. regardless of its nature. e. and therefore it is not acquired. 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. Which of the following is not included in the attributes of juridical capacity? a. those actually possessed. Juridical capacity is lost only through death c. Concealment of drug addiction. Juridical capacity can be limited or restricted d. existing at the time of the marriage c. Joint Venture Agreement (JVA) d. except? a. Vigan Church constructed before 1898 106. b. None of the above 111. Juridical Personality is inherent in every natural person. Environmental Impact Statement (EIS) c. occupied or utilized by indigenous cultural minorities themselves or through their ancestors by 108. d.a.

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. b. Six (6) months thereafter. 1951 June 30. d. Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. b. 1950 August 30. c. d. 1949 119. b. e. Which of the following is not a ground for extinguishment of parental authority? a. None of the above 113. Voidable Valid Valid but subjects the party responsible to civil. Which of the following circumstances does not terminate the absolute community of property? a. c. e. The Civil Code of the Philippines took effect on: a. therefore remarry There are ten (10) grounds for legal separation None of the above 118.00 to his friend Danny as a birthday gift. August 30. c. The general rule is that both husband and wife must jointly adopt except in the following cases: a. Charlie gave his diamond-encrusted watch worth Php 25. c. c. 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. 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. d. Which of the following does not characterized legal separation? a. a.b. Bruce was engaged to Margarita. 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. d. 1950 June 30. they 17 . d. b. e. The donation must be made in consideration of the marriage d. criminal and administrative liability Unenforceable Void ab initio 117.000. What is the status of the marriage between Bruce and Margarita. e. the two got married without a marriage license. The donation must be made in favour of one or both of the future spouses e. c. b. In view of the pronouncement of Bruce’s doctor. b. One month later. Danny readily accepted the gift with profuse gratitude. d. Bruce died. When there is a decree of legal separation None of the above 114. e. The donation shall be automatically revoked in case of non-celebration of the marriage c.

because parental authority should be vested on the present parent. b. regardless of its location and surroundings. Charlie demanded the return of the watch from Danny. with her parents. 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. because his parents-in-law. because it is only a nuisance based on its location and circumstances. Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day. Luisa and Benjamin to be witnesses during the day of the signing of her will. experienced a stomach ache and kept going to the restroom for long period of time. Can the grandparents claim back the children? (a) Yes. 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. Danny refused to return the watch. May the will of Clara be admitted to probate? Give your reasons briefly.000. Benjie and Cherry. Roberta. 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) Valid.000. What is the nature of this donation? (a) Valid. do not want to give his children to him. because there was intention to donate and delivery by the donor Charlie. because it affects and annoys the entire residential subdivision. (d) No. aside from witnessing the will. Clara fell down the stairs and broke both her arms. (c) Nuisance per se. c. How do you classify this nuisance? (a) Nuisance per se. 4 years old and 2 years old. Hannah while waiting for her turn to sign the will. Amelia went to the U. Clara insisted on signing her will by thumb mark and said that she can sign her full name later. 121. Arsenio. Clara thinking of her morality.had a serious quarrel. hence. While the will was being signed. 122. beside the table on which everyone was signing Benjamin. because the mother Amelia has transferred her parental authority over the children in favor of the grandparents. 120. Coming from the hospitals. She left her two (2) children. Later. because it is always a nuisance. Arsenio. respectively. to work as a nurse in 2005. A week after. was reading the 7 th Harry Potter book on the couch. Also offered to notarize it. (c) No. 18 . (c) Void. Laguna. because it affects the entire subdivision (d) Nuisance per accidents. a. Danilo and Elenita. because there was acceptance and receipt of the donated personal property by the donee Danny. (b) Yes. In a residential subdivision in San Pedro. because the value of the thing donated exceeded Php 5. because the value of the thing donated exceeded Php 5.00 and the donation and acceptance were not in writing. because the children should be given back to their mother considering that being both less that 7 years of age. through trickery. Amelia and Arsenio are married.S. (d) Void. (b) Nuisance per accidents. d. drafted a will and asked Roberta. Hannah. their mother must have custody over the children.000 and the donation and acceptance were not in a public instrument. Clara was run over by a drunk driver while crossing the street in Greenbelt.

Jennifer acquired it and placed it in his bedroom. because the painting was given to Brad as a gift by Jennifer. Hans and Gretel shall not inherit from Ramon. homosexuality or lesbianism existing at the time of marriage c. d. c. on the other hand. because the painting was given as legacy to her by Brad. concealment of drug addiction. Yes. c. Yes. a. Larry. For purpose of this questions. Hans and Gretel are the legitimate son of Ramon. Anna. bequeathed the painting to her is Angie correct? Why or why not? a. The following constitute fraud which is a ground for annulment of marriage a. Brad and Jennifer broke up. 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. Ramon had a child. Angie refused and claimed that Brad. Yes. Hans and Gretel. No. all of the above 127. Brad died 1995. Brad in his will bequeathed the painting to Angie. Larry had twins. No. Shelly shall not inherit being the legally adopted daughter of Cherry. In 1990. concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable d. because the real owner of the painting was Jennifer. In 2005. with his girlfriend. No. Michelle shall inherit from Ramon being the legally adopted daughter of Ramon. b. c. the legally adopted daughter of Ramon. d. the illegitimate daughter of Ramon. in his will. Anna never married. because a certain Picasso painting reminded brad of her. In 1986. because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another. While Brad was mending his broken hearth. b. Cherry. letters a and b e. legally adopted Shelly. Who may inherit from Ramon and who may not? Give your reason briefly. and Cherry dies. habitual alcoholism.a. A valid marriage licence secured prior to the marriage is a formal requisite to make the marriage valid except. Saddened by Brad’s death. a. 125. Prior to their marriage. 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. Lia shall inherit from Ramon because the iron-barrier rule is not applicable his being illegitimate daughter of Anna. Anna. Dessa died while giving birth to Larry. In 1989. marriage between parties who have been cohabiting for at least 5 years without legal impediment to marry each other any 19 . Anna had a child. he met Angie and fell in love. Fiona. In 1973. The relationship created by fiction of law extends only the adopter and adoptee and does not extend anymore to parents of the adopter. Yes. Jennifer and Brad were madly in love. She enjoys the same rights and privilege just like a legitimate child. because the testatrix was not 124. All of the above 126. e. assume all formalities and procedural requirements have been complied with: in 1970 Ramon and Dessa got married. Lia. the iron barrier rule applicable in this case. because the painting was owned by Brad Yes. Because the Picasso painting reminded Angie of him. b. concealment of pregnancy of the wife by a man other than the husband b. marriage in articulo mortis b. Jennifer asked for the Picasso painting as a remembrance of him. including successional rights d. In 1971 and 1972 Ramon and Dessa legally adopted Cherry and Michelle respectively.

letters a and b e. d. all of the above 128. 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 20 . The absolute community of properly terminates a.c. c. e. marriage before the consul. consul-general or vice consul between Filipino citizens abroad d. b.

E 128. B 107. B 51. C 41. E 66. C 12. C 2. C 17. B 121. E 53. C 122. C 40. E 64. D 74. C 119. C 68. D 71. C 120. C 93. E 21 . A 86. D 127. E 60. D 111. A 15. C 83. E 54. A 100. B 56. A 85. A 14. A 11. D 38. D 39. A 32. C 89. C 123. E 115. B 13. C 65. C 58. D 43. A 95. D 34. C 26. C 76. A 96. D 81. D 19. C 125. A 52. C 88. A 70. B 37. B 35. B 10. A 18. A 50. C 102. D 55. D 23. A 91. C 8. D 118. E 72. B 30. D 42. C 124. D 84. B 46. C 103. C 3.ANSWER KEY IN CIVIL LAW 1 1. B 109. A 105. E 126. D 73. C 48. C. D 59. D 62. C 79. C 94. C 78. B 49. B 97. D 110. D 47. C 101. B 57. A 77. C 98. C 75. B 69. 4. E 92. E 116. D 63. C 67. B 9. A 33. C 6. D 61. D 112. B 117. C 28. B 44. B 7. B 21. B 113. B 27. A 31. B 108. B 90. D 104. A 82. A 22. A 106. B 16. C 5. D 99. C 87. B 80. B 45. D 29. E 114. D 24. A 36. A 20. B 25.

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