CIVIL LAW REVIEW 1

Multiple Choice Questions

Choose the correct answer by writing the letter choice for each
number. Letter Choice only

1. An easement that can be acquired by prescription:

A. Right of way
B. Watering of an animal
C. Lateral and subjacent support
D. Light and view

2. A delayed accession is:

A. Formation of an island
B. Avulsion
C. Alluvium
D. Change in the course of the riverbed

3. Which of the following is real property?

A. Interest in business
B. Electricity
C. Building to be demolished
D. Growing crops
E. None of the above

4. One of these is not an attribute of lands of public dominion

A. Outside the commerce of man
B. Can be acquired by prescription
C. Cannot be alienated
D. Cannot be burdened by voluntary easement

5. Select the statement that is FALSE.

A. Soil deposits made by gradual action of the sea on the seashore
is part of the property of public dominion.
B. Alluvial deposits in the banks of rivers, creeks, or lakes, become
private property of the riparian owner.
C. The riparian owner automatically acquires alluvial deposits by
accretion.
D. The riparian owner must register the alluvial property in his name
to protect it under the Torrens System from acquisitive
prescription.
E. None of the above.

6. Which of the following acts if done by a third person would invalidate

the will?
A. Make insertions in a holographic will without the participation of
the testator.
B. Write the name of the testator at the end of the will and on the
left-hand margin of each and every page in his presence and
under his express direction.
C. Determine the aliquot portion of the estate that the instituted heir
will receive from the estate.
D. None of the above.
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7. Complete the following sentence by choosing the correct phrase

below: “The estate of the testator or a part of it shall be distributed
according to the rules of intestacy when:
A. The will does not dispose of the entire estate of the testator.
B. The instituted heir does not accept the inheritance.
C. A compulsory heir in the direct line is preterited.
D. All of the above.

8. The will is invalid if:

A. It does not contain an institution of an heir.
B. The institution of heir is annulled due to preterition.
C. The testator was 17 years old when he executed it.
D. All of the above.

9. Which of the following is not a valid signature?

A. The testator affixes his thumb mark, instead of signing the will.
B. The testator signed the will with a cross.
C. The testator put his thumb mark on the will and beside the
thumb mark, his agent wrote his name.
D. None of the above.

10. Which of the following statements is TRUE?

A A blind person cannot execute a valid will.
B. The lawyer that notarized the will may be one of the three
attesting witnesses.
C. The preterition of a compulsory heir in the direct line invalidates
the will.
D. Joint wills under Philippine law are void.
E. None of the above.

11. Which of the following statements is FALSE:

A. It is mandatory that testator place the date of the holographic
will at the top of the will so it can be clearly seen.
B. It is mandatory that the attestation clause state the total
number of pages of the notarial will, otherwise, the will is void.
C. It is mandatory that the will be written in a language known to
the testator.
D. None of the above.

12. Who is NOT a competent witness to a will?

A. A person convicted of homicide.
B. A person who cannot read or write.
C. A person who does not know the language of the will.
D. A creditor of the testator
E. All of the above.

13. The will or the testamentary dispositions therein is/are NOT deemed
revoked when the testator:
A. Sells the devise during his lifetime.
B. Executes a subsequent will with a revocatory clause and the
subsequent will is declared invalid for failure to prove its due
execution.
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C. Throws the will into a bonfire and the will is burned.
D. None of choices are correct.

14. Which of the following is NOT a valid way to institute an heir?

A. “I give to my only brother, 1/3 of my estate.”
B. “I designate as my heirs, my sister Helen and her children.”
C. “I instruct my executor to set aside P50,000 to be given to the first
of my nephews to be ordained as priest.”
D. None of the above.

15. Testator had one son, A. Which of the following dispositions results
in A’s preterition? His estate is worth P120,000.
A. Testator institutes B, a nephew, to 1/2 of his estate.
B. Testator gives B, P40,000 and C, P40,000.
C. Testator gives A, P20,000; B, 1/2 of his estate; C, P40,000
D. None of the above.

16. The testator bequeathed a legacy of P50,000 to his driver and left
the rest of the estate to his only son, resulting in the preterition of his
daughter. The estate is worth P950,000. Which of the following
statements is TRUE.
A. The driver’s legacy is invalidated by the preterition of the
daughter.
B. The institution of the son as heir is annulled resulting in an
invalid will.
C. The daughter will get P450,000 as her inheritance.
D. All of the choices are false.

17. If the hereditary estate of the testator is worth P9,000,000 and he

had three (3) legitimate children, a surviving spouse and one
illegitimate child, only one of the following statements is true:
a. The disposable portion is P1.5 million.
b. The disposable portion is P3.5 million.
c. The disposable portion is P2.25 million.
d. None of the above.

18. Select the phrase below that will make this statement FALSE: The
legitime of the spouse is 1/4 of the estate when:
A. he/she survives with one legitimate child.
B. he/she survives with two legitimate children
C. he/she survives with only illegitimate children
D. he/she survives with only legitimate parents

19. One of these conditions imposed by the testator on the free portion is
deemed NOT written:
A. “I give P5 million to my wife in addition to her legitime on the
condition that she does not marry again.”
B. “I give P5 million to X, provided she does not marry Y.”
C. “I give P20,000 annual pension to Z, provided she remains
single.”
D. “I give P1 million to W, provided she remains single all her life”.
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20. What is the effect of preterition?

A. It annuls the devise and legacy.
B. It annuls the institution of heir.
C. It reduces the devise and legacy.
D. It partially annuls the institution of heir.

21. The probate of the will is mandatory if:

A. It contains testamentary dispositions.
B. It contains the acknowledgment of an illegitimate child.
C. A compulsory heir is disinherited in the will.
D. Only (b) and (c) are correct.
E. All of the above.

22. A prior will executed by a blind testator was notarized by the notary
public without the will being read to him by said lawyer

A The will may be revived by executing a codicil referring to the

original will.
B. The will may be revived by executing a new will copying all the
provisions of the original will.
C. The will may not be revived for being void.
D. The will need not be revived because it is perfectly valid.