CIVIL LAW

I – MULTIPLE CHOICE. Read the questions carefully and encircle your answer.
1. That part of the municipal law of a state which directs its courts and administrative
agencies, when confronted with a legal problem involving a foreign element,
whether or not they should apply a foreign law or foreign laws.

a. Conflict of laws
b. Selection of laws
c. Overseas law
d. Multinational law

2. The unmarried child, whether legitimate, illegitimate or adopted, below eighteen

(18) years of age, of those who reacquire Philippine citizenship upon effectivity of
R.A No. 9225 shall be deemed citizens of the Philippines.

a. Re-acquisition of citizenship
b. Derivative citizenship
c. Associative citizenship
d. Retention of citizenship

3. Translated, it means “to which a person assents, is not esteemed in law as injury”.
It refers to self-inflicted injuries or to the consent to injury which precludes the
recovery of damages by one who has knowingly and voluntarily exposed himself
to danger, even if he is not negligent in doing so.

a. Damnum absque injuria

b. Omnia vincit amor
c. Volenti non fit injuria
d. Mens sana in corpore sano

4. A prejudicial question arises where the resolution of a case is dependent on the

resolution of another issue involved in another case and assumed by a different
tribunal. The issue involved in the latter case is the logical antecedent of the issue
involved in the former case. Which of the following constitutes the valid requisites?

a. The civil action and criminal action should be filed at the same time; the issues
raised on both cases should be somewhat related
b. The criminal action is instituted first and the civil action subsequently; the
issues raised on both cases should be similar or intimately related and the
resolution of the issues determines whether or not the civil action may proceed
c. The civil action and criminal action should be filed at the same time; the issues
raised on both cases need not be entirely related
d. The civil action is instituted first and the criminal action subsequently; the
issues raised on both cases should be similar or intimately related and the
resolution of the issues determines whether or not the criminal action may
proceed

5. Which of the following is not a formal requisite of marriage?

a. Unconditional love between the contracting parties

b. Authority of the solemnizing officer
c. Valid marriage license
d. Marriage ceremony where the contracting parties appear before the
solemnizing officer, with their personal declaration that they take each other as
husband and wife in the presence of not less than 2 witnesses

6. Which among the following statements is incorrect?

 a. A decree of legal separation or relative divorce does not affect the marital
status, there being no severance of the vinculum.
b. Common-law marriages obtained abroad by Filipinos are not void in the
Philippines.
c. There must be showing that the divorce decree gave the foreign spouse legal
capacity to remarry because is some jurisdictions, remarriage may be limited or
prohibited.
d. Psychological incapacity may be established by the totality of the evidence
presented.

7. Legitimate or illegitimate filiation may be proved by open and continuous

possession of the status of a legitimate or illegitimate child. “Continuous” means
that:

a. Possession of the status of legitimate or illegitimate child shall continue forever

b. The father has treated the child as his own through others
c. The child is treated as such by the father without concealment, though without
publicity
d. Possession of the status of legitimate or illegitimate child shall not continue
forever but may be of an intermittent character

8. It is the independent and general right of a person to control a thing particularly in

his possession, enjoyment, disposition, and recovery, subject to no restrictions,
except those imposed by the state or private persons, without prejudice to the
provisions of the law.

a. Legalization
b. Dominance
c. Succession
d. Ownership

9. The right by virtue of which the owner of a thing becomes the owner of everything
that is produced thereby or which is incorporated or attached thereto, either
naturally or artificially.

a. Accession
b. Alluvion
c. Allocation
d. Assumption

10. Possession in the eyes of the law does not mean that a man has to have his feet
on every square meter of ground before it can be said that he is in possession.
Possession can only be acquired by material occupation.

a. The 1st statement is false, while the 2nd statement is true

b. The 1st statement is true, while the 2nd statement is false
c. Both statements are true
d. Both statements are incorrect

11. Grace Salazar died intestate on April 1, 2018. Gabbie Salazar wants to execute
an affidavit of self-adjudication stating that before Grace died, she told Gabbie that
she is to inherit all of her properties since she is the only daughter left in the
Philippines to care for her and she was survived only by the latter. Bobbie, Teddie,
Alex and CJ, descendants of the decedent is asking for the annulment of the
affidavit on the grounds that they are also children of the deceased and entitled to
a share of the properties. Who shall inherit?

a. Gabbie is entitled to inherit the entire property of Grace, since the same was
expressed by the latter with her last breath.
 b. Gabbie is entitled to inherit the entire property of Grace, since she was the
only one left in the household with the deceased at the time of death.
c. Bobbie, Teddie, Alex, CJ and Gabbie, being children of the deceased are
considered compulsory heirs and should receive equal shares
d. Bobbie, Teddie, Alex, CJ and Gabbie, being children of the deceased are
entitled to shares of the estate but Gabbie is to receive a greater amount for
being the one who survived the decease.

12. Which of the following types of will is not recognized in the Philippines?

a. Notarial will
b. Holographic will
c. Subsequent will
d. Joint will

13. Once a will has been torn and revoked, it can no longer be revived by putting the
pieces together.

a. Humpty dumpty rule

b. Touch move rule
c. Unauthorized destruction rule
d. Non-revival rule

14. An act by virtue of which a testator designates in his will the person or persons
who are to succeed him in his property and transmissible rights and obligations.

a. Inheritance
b. Institution
c. Republication
d. Appointment

15. Ram Escaler and Charmaine Escaler filed for legal separation on 2017, since
Ram Escaler was found to have an affair with Kara Zalderiaga. On 2018, Ram
Escaler died intestate. Suppose Ram Escaler had no other ascendants or
descendants, who shall inherit?

a. None because Charmaine and Ram were legally separated at the time and
Ram and Kara were not yet married
b. Kara Zalderiaga, since Charmaine Escaler and Ram Escaler were already
legally separated
c. Charmaine Escaler, because she is the innocent spouse in the legal
separation case
d. Both Kara and Charmaine because Kara is still considered the spouse of
Ram and Kara was the one who survived Ram before death

16. Which of the following does not constitute a requisite for escheat proceedings?

a. The decedent died intestate

b. The decedent died with real and or personal properties located in the
Philippines
c. The decedent died leaving no heir or person entitled to such real and or
personal property
d. The decedent died leaving only illegitimate descendants or ascendants who
are not entitled to inherit

17. Budoy sold his Macbook to Boyet for P50,000. Audrey, the girlfriend of Boyet,
claims that Boyet is a deaf-mute and is therefore considered as incapacitated to
give consent, making the sale void. Is Audrey correct?
 a. Yes, because the Civil Code provides that deaf-mute people are
incapacitated to give consent
b. Yes, but on the grounds that the price is too expensive
c. No, because it is enough that the deaf-mute be able to read and write to give
his consent
d. No, because deaf-mutes should not be discriminated upon

18. A ________ either express or implied, is the fiduciary relationship between one
person having an equitable ownership of property and another person owning the
legal title to such property, the equitable ownership of the former entitling him to
the performance of certain duties and the exercise of certain powers by the latter.

a. Deposit
b. Trust
c. Contract of Usufructuary
d. Contract of accretion

19. The delivery consists in the owner’s continuous possession of the property he
had already sold to another person, but his present possession is no longer of the
owner but under another capacity, like that of a lessee, pledgee, depository, etc.

a. Traditio Constitutum Possessorium

b. Traditio Brevi Manu
c. Traditio Symbolica
d. Traditio Longa Manu

20. An expression of public policy to protect buyers of real estate on installments

against onerous and oppressive conditions.

a. Recto Law
b. Barring Law
c. Ceiling Law
d. Maceda Law

21. The sharing of profits and losses is prima facie evidence of an intention to form a
partnership but not conclusive evidence. The partnership has a juridical
personality separate and distinct from that of each of the partners even in case of
failure to comply with the requirements under the law.

a. The 1st statement is false, while the 2nd statement is true

b. The 1st statement is true, while the 2nd statement is false
c. Both statements are true
d. Both statements are incorrect

22. Actual process of settling the partnership business or affairs after dissolution.

a. Disposition
b. Winding up
c. Termination
d. Extinguishment

23. Bobbie authorized a Special Power of Attorney allowing Alex to collect Mocha’s
debt of P100,000, on the former’s behalf. When Alex went to collect the money,
Mocha refused to pay and gave Alex attitude, because of this, Alex pulled Mocha’s
hair and dragged her across the room until the latter finally gave the money. Now
Mocha wants to sue Alex for physical injuries, but Alex on the other hand claims
that Bobbie should be liable as she was just a mere agent of the latter. Is Alex’s
contention correct?

a. No, because Alex acted beyond the scope of the authority given to her
 b. No, because they are jointly liable being the principal and agent
c. Yes, because Mocha would not have paid the debt if it wasn’t for what Alex
did
d. Yes, because Alex was just an agent and did everything to fulfill the task
given to her

24. Property which has been lawfully pledged to one creditor cannot be pledged to
another as long as the first one subsists. Is this true?

a. Somewhat true
b. Maybe
c. No
d. Yes

25. A contract constituted from the moment a person receives a thing belonging to
another, with the obligation of safely keeping it and of returning the same.

a. Solutio indebiti
b. Trust
c. Deposit
d. Pledge

26. Evidence of the right of the owner or the extent of his interest and by which
means he can maintain control and as a rule, assert a right to exclusive
possession and enjoyment of the property.

a. Deed
b. Land title
c. Tax declaration
d. Torrens title

27. An involuntary proceeding in rem, initiated by the filing of petition for registration
by the government to adjudicate titles for all the land within a stated area, whether
or not the people living within desire to have the titles issued.

a. Cadastral proceedings
b. Quieting of title
c. Legal registration
d. Subsequent registration

28. Trimagasi saw the latest episode of RuPaul’s Drag Race and was very much
dismayed with the decision of the judges. Due to disappointment, he picked up his
television and threw it out the window, thereby hitting Nora’s right leg. Nora’s
father, Alex now wants to sue Trimagasi for the injuries that his daughter suffered.
Trimagasi on the other hand states that he did not intend to hurt anyone and was
just frustrated, hence he should not be liable. Is Trimagasi’s contention correct?

a. Yes, because intent or motive is necessary to prove the guilt of a person

b. Yes, because it was a mere accident and he was just moved by such
powerful emotions
c. No, because he cannot prove that he did not intend to hurt Nora
d. No, because he still caused injury to Nora because of his negligence

29. Refers to an act of annoyance or irritation that causes distress or agitation.

a. Harassment
b. Vexation
c. Nuisance
d. Humiliation
 30. _________ is the indemnity recoverable by a person who sustained an injury,
either in person or in relative rights through the act or default of another.

a. Compensation
b. Alimony
c. Damages
d. Pecuniary loss

II – ESSAY. Read the questions carefully and provide your answer with the proper
legal basis/bases; a mere “Yes” or “No” without further explanation will not be
given any credit. (5 points each)
1. Sam Siazon and Daniela Dominador got married on February 14, 2015 and were
blessed with a daughter named Wendy. After 4 years, however, their relationship
turned sour which led to their marriage being ultimately annulled. Based on the
decision on their annulment case, Sam, as the father of Wendy, is obliged to give
money as support for the latter’s expenses. Daniela has an outstanding debt in
the amount of P20,000.00 before their annulment. Can Sam offset or
compensate Daniela’s debt to him to that of which he must give to their daughter
Wendy as support? If in the affirmative, why? If in the negative, why not?

2. Dina Domingo claims that she is the registered owner of a 500-square meter
parcel of land in Barangay Diwata, Mulawin City, Encantadia, designated as Lot
No. 6-FWB-19 covered by a Transfer Certificate of Title. Said property used to be
a portion of Lot No. 6-FWB and was surrounded by estates belonging to other
persons. Dina claims that the property of Arnold Domingo, her brother, likewise
surrounded her property and that it was the only adequate outlet from her
property to the highway. According to Dina, she has countlessly asked Arnold for
an easement in the vacant portion near the boundary of Arnold’s other lot, but
despite her demands and willingness to pay the amount, Arnold refused to
accede to Dina’s claims. Arnold contended that the isolation of Dina’s property
was due to the fault of their mother Mona, who was the previous owner of the lot,
who subdivided the property without regard to the pendency of an agrarian case
involving the land. Arnold further claims that the space pointed out by Dina is the
most burdensome to him and that there is actually an open space that connected
Dina’s property to another public road. Is Dina entitled to be granted easement
rights?

3. A 152-square meter parcel of land located at Curtis-Smith Streets, Downtown,

Malibong City was erected with a building leased by various tenants. The subject
lot was among the properties mortgaged by Spouses Joey and Lenny Lorenzo to
Daks Bank as a security for a loan. When Spouses Lorenzo failed to pay the
loan, Daks Bank initiated foreclosure proceedings on the mortgaged properties,
including the subject lot. In the auction sale held, Daks bank emerged as the
highest bidder. It was issued the corresponding Certificate of Sale dated
December 3, 2005 which was subsequently registered on February 2, 2006.
Before the expiration of the redemption period, Spouses Jose filed before the
RTC a complaint for Annulment of Title, Reconveyance and Damages against
Spouses Lorenzo, Daks Bank, the Register of Deeds of Malibong City, alleging
that they are the true registered owners of the subject lot by virtue of TCT
cancelled by the TCT under the name of Lenny who used a falsified Deed of Sale
bearing the forged signatures of Spouse Jose to effect the transfer of title to the
property in her name. In its answer, Daks bank averred that it is a mortgagee in
good faith and for value and that its mortgage lien on the property was registered
thus valid and binding against the whole world. While the trial proceedings were
ongoing, Patricia Pineda, one of the tenants of the building erected on the
subject lot deposited her rental payments with the Clerk of Court of Malibong
City, which amounted to ₱144,000.00. The RTC rendered its Decision in favor of
spouse Jose after finding, based on the expert testimony, that the signatures of
Spouses Jose in the Deed of Sale presented by Spouses Lorenzo before the
Register of Deeds were forged. Who is entitled to the rentals? Explain.
4. Sharon Soriano has a daughter, Vilma Soriano, who in turn also has a daughter,
Maricel Soriano. Vilma Soriano was indebted to Cherry Gil for P20,000.00, but
was unable to settle it before she died on October 24, 2015. Not long thereafter,
Sharon Soriano also passed away, leaving Maricel Soriano as heir. In Sharon’s
intestate proceedings, Cherry presents her claim for the credit that Vilma owed
her. Who is bound to pay for the debt? Explain.