Persons and Family Relations Multiple b.

Yes, there is sufficient compliance because

Choice Questions the law is considered effective upon its
approval
Civil Law c. No, there is no sufficient compliance
(Persons and Family Relations) because the date of publication in the official
gazette and newspaper must be the same
1. The Civil Code of the Philippines is: d. No, there is no sufficient compliance because
a. Republic Act no. 386 it must undergo public hearing
b. Republic Act no. 368 7. When did the law took effect?
c. Republic Act no. 366 a. It was effective on July 1, 1990 upon
d. Republic Act no. 398 promulgation by the congress
2. The Civil Code of the Philippines took effect on: b. It was effective on July 3, 1990 upon
a. August 29, 1950 approval by the president
b. August 30, 1950 c. It was effective on July 7, 1990 upon
c. September 30, 1950 publication in the newspaper
d. September 25, 1950 d. It was effective on July 10, 1990 upon
3. It is a collection of laws which regulates the publication in the official gazette
private relations of the members of civil society, 8. Can the executive branch start releasing the
determining their respective rights and funds appropriated by the said law the day
obligations, with reference to persons, things, and following its approval?
civil rights. a. Yes, since the law was effective upon
a. Law approval of the President
b. Civil Code b. Yes, since it is an urgent need for the
c. Civil Law rehabilitation of the provinces
d. Family Code c. No, since the other requisites for its
4. The mass of precepts which determines and effectivity were not yet complete
regulates those relations of assistance, authority d. No, since the law was not certified as urgent
and obedience existing among members of a 9. The following are the exceptions to the rule that
family as well as among members of the society laws shall have no retroactive effect, except:
for the protection of private interests. a. When the law is penal insofar as it favors the
a. Family Code accused who is not a habitual criminal
b. Family relations b. When the law is procedural
c. Civil Code c. When the law does not create substantive
d. Civil Law rights
5. Laws shall take effect after fifteen days d. When the law is interpretative of other laws
following the completion of their publication: 10. It is the fitness subject of legal relations
a. In the official gazette a. Juridical capacity
b. In a news paper of general circulation b. Legal capacity
c. Both a and b c. Juridical personality
d. Either a or b d. Legal personality
11. Personality is determined by
6. After a storm causing destruction in four Central a. Birth
Luzon provinces, the legislative branch enacted a b. Death
special law appropriating 1 billion for purposes of c. The time of conception
rehabilitation for the provinces. In view of the d. Attainment of the age of majority
urgent nature of the legislative enactment, it is 12. What is the rule if the fetus has an intra-uterine
provided in its effectivity clause that it shall take life of less than seven months?
effect upon approval and after completion of the a. It is considered born if it is alive at the time of
publication in the official gazette and a its complete delivery
newspaper of general circulation. The law was b. It is deemed born if it dies within twenty-four
passed by Congress on July 1, 1990, signed into hours after its complete delivery
law by the President on July 3, 1990, and c. It is not deemed born if it dies within twenty-four
published in such newspaper on July 7, 1990 and hours after its complete delivery
in the official gazette on July 10, 1990. d. It is considered born for all purposes favourable
to it
As to the publication of the said legislative 13. Civil personality is extinguished by
enactment, is there sufficient observance or a. Insanity
compliance with the requirements for a valid b. Civil interdiction
publication? c. Death
d. All of the above
a. Yes, there is a sufficient compliance because 14. The effect of death upon the rights and
the law itself prescribes the requisites for its obligations of the deceased is determined by
effectivity a. Law
b. Contract 23. An action for legal separation shall be filed
c. Will a. Within five years from marriage
d. All of the above b. Within five years from the time of the occurrence
15. The Family code of the Philippines is of the cause
a. Executive Order no. 209 c. Within five years after the cooling off period
b. Republic Act no. 290 d. After five years from the time of marriage
c. Executive Order no. 116 24. A decree of legal separation shall be based on
d. Republic Act no. 161 a. Stipulation of facts
b. Confession of judgment
16. The absence of any of the essential and formal c. Presentation of evidence
requisites of marriage shall render it d. Allegations on the complaint
a. Void with respect to the essential and voidable 25. The property relations between the husband and
with respect to the formal wife shall be governed by
b. Voidable with respect to the essential and void a. By marriage settlement
with respect to the formal b. By provisions of the Family code
c. Both voidable c. By the local customs
d. Both void d. All of the above
17. Except in marriages where no license is required, 26. What is the rule, if the future spouses agree
it shall be issued by the local civil register of the upon a regime other than the absolute
city or municipality, community regime ?
a. Where both parties habitually resides a. They can donate to each other more than one-
b. Where either parties resides fifth of their present property
c. Where the male resides b. They cannot donate to each other more than
d. Where the female resides one-fifth of their present property
18. Marriages between Filipino citizens abroad may c. They can donate each other in their marriage
be solemnized by settlements more than one-fifth of their present
a. Ambassador property
b. Charge de affairs d. They cannot donate each other in their marriage
c. Vice-consul settlements more than one-fifth of their present
d. None of the above property
19. No license shall be necessary for a marriage of a 27. The absolute community of property between
man and a woman who have lived together as the spouses shall commence
husband and wife for a. One year from the celebration of marriage
a. Not more than five years b. Two years from the celebration of marriage
b. At least five years c. Three years from the celebration of marriage
c. Not more than eight years d. None of the above
d. Al least eight years 28. The following shall be excluded from the
20. What marriage is void from the beginning, community property, except
among the choices a. Property acquired during the marriage by
a. The consent of either party was obtained by gratuitous title
force, intimidation or undue influence b. Property for personal and exclusive use of either
b. The consent of either party is obtained by fraud spouses
c. Mistake of one contracting party as to the c. Property acquired after the marriage, where
identity of the other such property is encumbered
d. Concealment by the wife of the fact that at the d. Property acquired by either spouse who has
time of the marriage, she was pregnant by a man legitimate descendants
other than the husband 29. When shall the absolute community terminate?
21. What constitutes fraud as a ground for a. Upon extrajudicial order
annulment of marriage? b. Upon agreement of the parties after marriage
a. Concealment of previous marital status c. Upon insolvency of either parties
b. Non-disclosure of a previous conviction by final d. Upon the decree of legal separation
judgment of a crime involving moral turpitude 30. W, during her marriage to H, transferred the
c. Concealment of physical incapacity to administration of her paraphernal property to the
consummate the marriage latter. Can W alienate said paraphernal property?
d. Misrepresentation or deceit as to character, a. No, the alienation of the property must be with
fortune or chastity the consent of H
22. A petition for legal separation may be filed on b. No, the property cannot be alienated because it
the ground of already belongs to the conjugal property
a. Psychological incapacity c. Yes, the property may be alienated because the
b. Impotency agreement was null and void
c. Non-attainment of legal age at the time of d. Yes, the property may be alienated because W
marriage still retains ownership over the property
d. Sexual infidelity
31. A donation propter nuptias of a parcel of land 38. What is the correct rule in matters of absolute
was given by X to Y. They were subsequently divorce
married but the marriage was annulled on the a. If the action is brought here in the Philippines
complaint of Y upon her discovery that X has between Filipinos it will prosper
been previously married. X now files a suit for b. If the action is brought here in the Philippines
revocation. Will the suit prosper? between a Filipino and a foreigner it will prosper
a. The suit will prosper since the marriage is now c. If the action is brought here in the Philippines
annulled between foreigners it will not prosper
b. The suit will prosper one of the party is in bad d. If the action is brought in a foreign court
faith between Filipinos it will be recognized in the
c. The suit will not prosper because Y was in good Philippines.
faith 39. May the court issue a decree of legal separation
d. The suit will not prosper because it is part of based upon facts stipulated by the spouses?
their conjugal property a. No, if the decree is based solely on the
32. H and W are husband and wife. Without any stipulation of facts
justifiable cause, W abandoned the conjugal b. Yes, if there be other evidence of the existence
home. Can H ask a competent court to order W to of a ground for legal separation
return to the conjugal home? c. All of the above
a. Yes, because it is the obligation of the husband d. None of the above
and wife to live together 40. If a person is under guardianship because of
b. Yes, because it is within the competence of the insanity
court to order W’s return a. He is presumed insane if he should enter into a
c. No, because specific performance is not a contract
remedy to personal obligation b. He is insane if he should enter into contract
d. No, because W already abandoned their home. c. He is barred to enter into contract
33. In a marriage in a remote place, d. The contract is binding
a. Public solemnization is not needed 41. How many provisions are there in the New Civil
b. It must be made in accordance with their Code?
customs a. 2330
c. There is no need for a solemnizing officer b. 2480
d. A marriage license is required c. 2270
34. Nemu cum alterius detriment protest means d. 2155
a. No man ought to be made rich out of another’s 42. A right is
injury a. The interest in property that has become fixed
b. No person should unjustly enrich himself at the that is no longer open to controversy
expense of another b. The privilege given to one person and as a rule
c. The indemnity cannot exceed the loss or demandable of another
enrichment, whichever is less c. All of the above
d. In case of doubt, the doubt must be in favour of d. None of the above
the underdog 43. In an action based on a breach of promise to
35. Ignorance of foreign law is marry, what is the right of the aggrieved party in
a. Ignorance of the law but not ignorance of the case there has been carnal knowledge?
fact a. The aggrieved party cannot demand for support
b. Not ignorance of the fact but ignorance of the b. Sue for moral damages, if it was due to mutual
law lust
c. Not ignorance of the law but ignorance of the c. Sue for actual damages, should there be
fact expenses incurred
d. Ignorance of the fact but and ignorance of the d. An action for actual and moral damages may be
law filed
36. The following are instances when the law grants 44. What kind of right is possessed by the husband
an independent civil action, except: or the wife over the conjugal property while the
a. Breach of constitutional rights partnership remains?
b. Defamation, fraud, or physical injuries a. Vested right
c. Quasi-delict or culpa aquilana b. Inchoate right
d. Breach of contract c. Equitable title
37. It is the condition of a person who does not have d. None of the above
the mind, will, and heart for the performance of 45. The following are requisites for marriage
marriage obligations. settlement, except
a. Diriment impediments a. Must be in writing
b. Psychological illness b. Must contain not contrary to the provisions of
c. Sexual infidelity the law
d. Psychological incapacity c. Must be made before the celebration of
marriage
d. Must be by consent of the parents