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Name: ______________________________________________ Year and Section:________________ Date: ________________

Professor: ___________________________________________

Directions: Encircle the letter of the correct answer.

1. The following are common causes for disinheritance in the
Civil Code EXCEPT:
A. Accusation of testator for a crime
B. Attempt against the life of testator
C. Compelling testator by fraud to change the will
D. Marriage of a daughter without parental consent

2. The following are the order of intestate succession under
the Justinian law EXCEPT
A. Brothers and sisters of the whole blood
B. Collaterals which are nearest in degree
C. Descendants, including children by adoption
D. Persons under Patria potesta

3. N, a 21 year old foreigner, volunteered to be a witness to a
will of H, who is a stranger to N. Can N be a witness?
A. No because N is a foreigner.
B. No because N is a stranger to H.
C. Yes because N is of legal age.
D. Yes because N freely gave consent.

4. An act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the
disposition of this estate, to take effect after his death.
A. Consent C. Succession
B. Inheritance D. Will

5. Article 804 of the NCC states that every will must be in
writing and executed in a language or dialect known to the
testator.
A. Always False C. Such is governed by Art. 800
B. Always True D. Validated by legal capacity

6. A person may execute a holographic will entirely written,
dated and signed. Who signs the holographic will?
A. Counsel B. Judge C. Prosecutor D. Testator

7. If conditions to a will are impossible and contrary to law or
good customs, the will shall be considered:
A. as not imposed C. subject to prescription
B. imposed ipso facto D. valid if signed by testator
8. It is the capacity to make a will, to receive under a will or to
be witness to a will.
A. Capitis diminution C. Parentis inter liberos
B. De militari Testamento D. Testamenti factio

9. H died leaving a will without designation of shares. As
such, heirs shall inherit
A. As governed by law on consanguinity.
B. Based the law on affinity.
C. In accordance with the heirs’ agreement.
D. In equal parts.

10. R wanted to revoke his will by burning it. However the will
was later removed by P before it was consumed by the fire.
Was there revocation?
A. No because there was no intent to revoke.
B. No because of the absence of the overt act of
burning.
C. Yes because there was an intention to revoke.
D. Yes because the means was through fire.

11. Witnesses to a will as governed by Roman law and the
New Civil Code include:
I. Captives II. Deaf and Dumb III. Foreigners IV. Slaves
A. I and II C. II and III
B. I, III and IV D. III and IV

12. W made a will making D his heir. W then learned that D
was dead, so he made another will instituting E as heir. If D
turns out to be still alive, who inherits?
A. D and E equally inherit by virtue of equality
governing succession.
B. D inherits by virtue of succession provided for in the
will before W’s death.
C. Inheritance is granted upon E because W expressly
changed his will before his death.
D. Inheritance is in favor of D because the revocation
was based on a false cause.

13. The number of witnesses required for a testator to revoke
a testament.
A. 2 B. 3 C. 4 D. 5
14. The subsequent incompetence of the witness shall not
prevent the allowance of the will if during the attestation
A. The witness was competent.
B. The witness was of legal age.
C. The witness was under oath.
D. The witness was a relative.

15. A legacy is constituted validly but the will is void or
voidable. In effect the legacy,
A. Becomes valid by prescription
B. Cannot produce effect
C. Cannot be ratified
D. Valid upon death of testator

16. Every fideicommissary substitution must be impliedly
made in order that it may be valid.
A. Always False C. Exception to the Rule
B. Always True D. General Rule

17. Provisions on fideicommissary substitution which contain
a perpetual prohibition to alienate shall always take effect.
A. Always False C. Exception to the Rule
B. Always True D. General Rule

18. The first test to a valid will is to find out if the testator has
the legal capacity to make a testament.
A. Always False C. Exception to the Rule
B. Always True D. General Rule

19. To make a valid will, the testator must have the legal
capacity to execute it in the form he deemed acceptable.
A. Always False C. Exception to the Rule
B. Always True D. General Rule

20. Institution of heir is the act by which a testator nominates
one or more persons to succeed him in all his rights, active
and passive.
A. Always False C. Exception to the Rule
B. Always True D. General Rule

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