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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and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.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. The uncles and aunts shall inherit the property b. The nephews and nieces of the decedent survive and are willing and qualified.
c. The uncles and nephews shall inherit together. d. 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. The surviving spouse shall inherit the whole hereditary estate. b. The surviving spouse shall inherit ½ of the estate. c. The surviving spouse shall inherit 1/3 of the estate. d. 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.
there being fault or negligence and there is no pre-existing contractual relation between the parties. the source of the obligation is: a. In case a holographic will is lost. d. No. 20. No. c. No. if the bailee was negligent in the use of the thing borrowed. because a forgery is a criminal action. Yes. Preterition or omission of one. c. because the probate of the will is an evidence of its due execution and authenticity. 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. the probate court has no jurisdiction. No. c. b. No. d. because this is a statutory right. c. d. 18. because secondary evidence may be presented. Law Contracts Quasi-contracts Quasi-delicts 19. b. 14. b. c. may a case for forgery be filed against an instituted heir? a. or all the compulsory heirs. d. he gave notice to the bailor before he incurred the expense. a. 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.d. even if the cause of the expense was the fault of a third person. Yes. Yes. some. What are the objectives of Probate proceedings? 3 . b. d. if the extraordinary expense arose out of the actual use of the thing. because the best and only evidence of the handwriting is the will itself. Yes. After the probate of a will. In favor of another heir In favor of testator or any other person In favor of the state In favor of a legatee 16. c. Disposition captatoria means that the heir shall make provisions in his will: a. can it still be probated? a. because the probate of the will is a justifying circumstance. d. because the testator is still living. because the intention of the testator must be respected. When an injury or damage is caused to another. Make the will voidable Make the will void Annul the institution of heirs Make the will unenforceable 17. 15. b. b.
d. c. 26. 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. 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. Yes. he is a compulsory heir. No. Both b and c are correct. d. there is no blood relationship between A and C. d. execution. as a matter of course. 21. if there is an agreement in writing to that effect. b. if the amount borrowed is very large. Perjury and false testimony. he is a voluntary heir. c. 4 . Can C represent B in the inheritance of A? a. c. All of the above.a. because X is no longer the owner of the conveyed properties. he is the legal representative. d. 22. Origin Propositus Reservista Reservatorios 25. Slander by deed. e. Must be a valid will with legal. if the lender so demands at the maturity date. The borrower in a contract of loan or mutuum must pay interest to the lender. b. b. No. a. 23. After X’s death and the probate of his will. The disinherited heir must be clearly identified and the will is not revoked. Falsification of public document. and the testamentary capacity of the testator. a and b 24. b. its genuineness and due b. The requisites are: a. d. Probate proceedings seek to establish the identity of the will. b. Yes. c. true and existing cause expressly stated. No. d. c. because there was no gratuitous conveyance. Probate seeks to determine whether the will is intrinsically valid. No. B predeceased his father. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. Probate seeks to determine whether the will is formally valid. b. Both a and b are correct. are the conveyed properties subject to collation for determination of the heirs’ legitime? a. c. What crimes committed by a convict will disqualify him as an instrumental witness to a will? a. Must be total and complete and said cause stated in the will. A has a son B and the latter adopted C.
d. because the wills have different voluntary heirs. this is a statutory right. c. 1/3 ¼ 1/8 ½ 31. c. Yes. can the children of X represent their disinherited father? a. substitution of the disinherited person is allowed. b. No. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse. c. Yes. d. Descendant propositus Reservista Origin Testator 33. forgery is a criminal action. b. Yes. representation is allowed in case of disinheritance. 30. Will this action prosper? a. One of the voluntary heirs objected because joint probate is invalid. d. No. d. No. d. Yes. In the probate of Y’s will. a. the probate of the will is an evidence of the due execution of the will. After their death. the disinheritance affects the heirs of the disinherited person. b. the probate is a justifying circumstance. No. The renunciation or repudiation of inheritance shall take effect: 5 . Yes. No. 29. because practicable considerations dictate the joint probate of the wills. Yes. joint wills are not allowed in the Civil Code. c. No. c. Yes. b. In reserve troncal the relatives within third degree coming from the same line inherit from: a. Representation is not allowed by law. because M and N are spouses. Is the objection tenable? a. 27. Yes. b. X was disinherited by his father Y. Yes. d. Can a criminal convicted of a crime which carries civil interdiction execute his will? a. A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. No. it is his statutory right. 32. they are considered advanced legitime. their compulsory heirs filed a petition for joint probate of their wills. it only prohibits disposition of property inter vivos. Spouses M and N executed two (2) separate wills containing the same provisions. because the heirs are already the owners of the conveyed properties. Yes. d. c. 28.c. No. not mortis causa. it is an accessory penalty. b. it is inconsistent with public policy.
The following are modes of extinguishing usufruct except. c. d. Which of the following is not a characteristic of a co-ownership? a. because his redemption vest in him sole ownership. b. Disposition Captatoria is void because the heir makes a disposition in his will in favor of: a. a. c. Each share is definite in amount. Date of allowance of will d. May the alluvial deposits be lost by prescription in favor of another? Choose the best answer. Merger of the usufruct and ownership in the same person. The co-ownership has juridical personality. The accretion belongs to the state. X redeemed it during the period of redemption with his personal funds. Yes 36. but is not physically segregated from the first. Yes. No. b. Did X become the sole owner of the property. another heir testator the State a legatee or devisee 35. d. 38. c. 37. 6 . X. c. Date of will c. because the funds belong to him alone.a. Total loss of the thing. d. b. If there is accretion formed. There must be more than one subject or owner. because it is covered by a Torrens title. thereby terminating the co-ownership? a. No. Yes. Date of death of testator 34. b. Date of repudiation or renunciation b. d. because it is not covered by a Torrens title. because the redemption inured to the benefit of all co-owners. Bad use of the thing in usufruct. c. and Z are co-owners of a real property which was mortgaged to A.Y. No. The riparian owner. b. d. who owns the accretion? Choose the best answer. The northeastern portion of the land of X is bounded by the Manila bay. There is one physical whole divided into ideal shares. a. Belongs to the land adjoining it. The owner of the contiguous land. a. Expiration of the period for which it was constituted. 39. c. Yes. because there is registration by fiction of law. b..
No. a. No. No. only the tenant. a. No. a. b. The following are the classes of possession except. Those found guilty of the same criminal offense in consideration thereof. A prosecution under the penal code or any local ordinance. it is always a real action since the subject is real property. None of the above. Yes. descendants. Minerals are still owned by the state even if discovered from a private land. a. e. c. because the decision is enforceable against the whole world. it is not convenient to the dominant estate. Possession with just title. A civil action b. b. e. d. 7 . There must be indemnity. a. 44. except. There must be no adequate outlet to a public highway. because Y and Z did not consent to the redemption. b. by reason of their office. 43. The nature of action in Quieting of Title is in personam. d. 46. c. c. d. Possession in the concept of an owner or possession in the concept of a holder. because he is in actual possession of the land. The property is surrounded by other estate. only the owner. b. b. because the decision is enforceable only against the defeated party. The owner and the tenant are in both possession of the land subject of the lease contract. d. provided the subject is personal property. The following are disqualified to donate to each other. because the constitution so provides. Yes. c. c. b. or ascendants. d. a. None of the above. c. Possession in one’s name or possession in the name of another. No. if the land is titled to a private person. provided the land is not titled. it will violate property and property rights. No. Yes. Those obliged to support one another. 45. None of the above. That if there is outlet. because the other is just a mere tenant. Abatement without judicial proceedings. 40. except. except. No. a. Yes. The following are the requisites of the easement of right of way. 41. Possession in good faith or bad faith.d. Those guilty of adultery or concubinage at the time of the donation. d. 42. Those made to public officers or their spouses. The following are the remedies against private nuisance.
Provision 1 is correct. b. but of different concept. as a general rule. Yes. b. Natural. 48. b. Yes. d. Yes. the neighboring owner has the right to cut it off. 2 is incorrect. Statement 1 is correct. Yes. Yes. c. e. c. No. a. only after his demand for the cutting is ignored. Yes. 2. statement 2 is incorrect. industrial and civil fruits belong to the owner. None of the above. 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. because notarial prohibition makes apparent what is non-apparent. statement 2 is correct. c. Which provision of the Condominium Act (RA 4796) is correct? 1. Statement 1 is correct. either of them. 2. A condominium corporation shall not. No. exchange. because he owns the roots that intruded at his property. 50. e. creek. 49. 47. In case of roots of a neighboring tree intruded to the state of another. d. or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate.c. to the owners thereof and tax on each such condominium shall constitute a lien solely thereon. No. b. Negative easement may be acquired by prescription through notarial prohibition. without permission from the owner of the tree. Yes. d. 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. e. It is a process whereby the current of a river. each condominium separately owned shall be separately assessed. during its existence. No. for purposes of real property taxation and other tax purposes. only after 10 years from service of notarial prohibition. sell. d. Which statement is correct? 1. because it is provided for by law. a. a. 8 . Yes. as general rule. Both statements are correct. c. Whenever real property has been divided into condominiums. because it is non-apparent. only after 10 years of prescription. Such process is known as: a. Alluvion Avulsion Adjunction Commixtion 51. a.
d. it is to be proven beyond reasonable doubt. for economic reason. b. if the river is navigable or floatable only. c. 52. b. Yes. By the Office of the Solicitor General. Provision 1 is incorrect. Yes. 53.b. e. Accession is not a mode of acquiring ownership? a. b. Yes. Yes. Both provisions are correct. B & C are all correct. Yes. No. No. d. c. In like manner. No. By the Bureau of Land. 57. d. e. as a general rule only. No.. Yes. it is considered as acquisition by law. No. A real property is always a real property. Yes by special provision of our laws. because it should be proven in court. By a private counsel hired for that matter. d. e. d. e. Yes. Under our law Good Faith is presumed. because a land covered by Torrens Title is not subject to prescription. c. By the Register of Deeds. b. you have to prove it by extrinsic evidence. Yes provided it will not prejudice third person/s. No. because bad faith could be inherited. because ignorance of the law excuses no one. Both provisions are incorrect. A. In land registration cases. Yes. because bad faith is personal. Why? a. Because it is the right thing to do. Yes by agreement between the parties. c. 54. because it is neither alluvium or avulsion. c. Yes. c. in accordance with our customs. 9 . c. A Torrens Title is not a protection in alluvium? a. b. A and B are correct. 56. By the Office of the City Prosecutor. because the property is titled. Because of express provision of our law/s. the government is always represented by whom? a. because it was not one of the seven (7) modes of acquiring ownership. e. why? a. e. b. 55. d. A and D are correct. 2 is correct. d. Bad Faith is not presumed. No. No. May a real property be classified validly as personal property? a. because the soil added cannot be identified.
as expressly provided for by law. e. B and C are correct 60. b. b. Yes. but only to necessary expenses. b. In land registration cases. Because of the agreement of the parties. but only to useful expenses. the court may acquire jurisdiction only after: a.58. the owner of the property is being called the naked owner. No. Only if the river is non-floatable or non-navigable. if the condition/consideration had not been fulfilled yet. c. because it will violate the constitutional rights of the parties. e. the owner of the nearest margin/distance is the owner of the new island? a. d. e. each floor owners must bear expenses pertaining to his own floor? a. No. d. 59. Yes. No to all kind of expenses. In formation of an island. b. c. because his ownership is identified. because the contract shall be contrary to law. 63. Because he was divested of his two (2) major rights. Because of the principle that accessory follows the principal. 10 . c. e. Only if there is a dries-up river bed. Because the owner lost possession of the property. b. Because of the express provision of laws. Yes. e. In perpendicular co-ownership. it is covered by Condominium Law. d. C and D are correct. d. Because it is a good name. but if the condition/consideration had been fulfilled already. b. After trial of the case. d. all the co-owners must share proportionately. Why? a. No. Upon publication. Only if the river is floatable or navigable. Yes. A possessor in bad faith of a land is entitled for reimbursement as a matter of right? a. Yes. but only to luxury expenses. Upon filing of the answer by the respondent/defendants. Yes. Illegal condition/consideration will result to nullity of the contract of donation? a. d. c. Yes. No. c. Service of summons to the respondents/defendants. c. by agreement with the parties. Yes. because he is in bad faith. Only if the subject is real property. In the contract of usufruct. 62. 61. e. Upon filing of the petition/complaint.
67. because ignorance of the law excuses no one. No. because it is enforceable against the world. d. Yes. e. d. No. e. e. No. Yes. Yes. A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right. 69. All are correct. a. Yes. you may lost it by prescription. Yes. a. under special circumstance only. No. Yes. because the rule allows no exemption. b. c. because it hinders or impairs the use of property. No. a. b. Yes. if the local ordinance expressly provided the same. C and D are both correct 68. d. from the time he fully paid the purchase price. because it shocks. c. in the case of contractual easement only. a. e. d. Yes. Yes. c. Yes. because everybody should be law abiding citizen. Yes. Easement is always a real right. because a local ordinance should not be repugnant to law. if the easement is for use of another real property. All of the above. b. 66. Yes. if the easement is for use of person only. defies or disregards decency or morality. Yes. e. Yes. Yes as provided for by P. because the local ordinance is not valid for being contrary to law. it is only for the protection of ownership rights. c. from the time he signed the Contract of Sale. b. A nuisance is one of the most serious hindrance to the enjoyment of life and property. Registration of the Register of Deeds is a mode of acquiring ownership. because if you failed to register it. 1529.64. because it is a recent law.D. No. a. b. d. None of the above. e. All of the above. because it annoys or offends our senses. 65. Yes as provided for by the New Civil Code. 11 . No. provided it is stated at the Master Deeds. c. The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into his own hands. because it is a property use limitation. from the time of the delivery of the condo unit. b. May a local ordinance extinguish a legal easement? a. because it injures or endanger our health and safety. No. Yes. c. d.
because the law is design to protect registered and non-registered owner. 71. d. Yes. if there is force upon thing. Yes. because they are of different contracts. 72. because the decision in the case is enforceable against the whole world. No. because registration will give jurisdiction to our court. because they are covered by different chapters of the New Civil Code. because the subject of the case is always a real property. No. because both acts transfer ownership. provided the subject is a personal property. because the operator of the Xerox Machine does not pay his income tax. e. Yes. Donation of the same thing to two or more persons shall be governed by the rule on double sale? a. a. Yes. None of the above. Reproduction of books by Xerox or photocopying is a violation of the Copyright Law? a. No. Yes. because the owner lost only physical possession. d. 75. Yes. No. All installment buyers of real estate are protected by R. Under Intellectual Property Code. No. b. B and C are correct.A. c. because there is no more owner to speak with. d. No. No. No. c. b. because it is an act of man only. c. No. 6552 (Maceda Law). because it is economical. because it is a gratuitous contract. e. because there is no law that prohibits it. No. a. d. Yes. because the decision is enforceable only against the litigating parties. because there is no exchange of value. to be covered by the law. because there is no force upon person. e. No. Yes. Donation is both an act and a contract. d. None of the above. b. because it deprives the author of his royalties. Yes. 73. because it is not part of Obligation and Contract of New Civil Code. e. 12 . e. because registration will give you such protection. because in donation there is no exchange of value. No. d. c. it is required that you register your business in the Philippines. because in sale there is exchange of values. like in prescription. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself? a. b. e. c. Yes.70. No. c. No. because the law is design to protect world wide piracy of products. No. 74. b. No. Yes. The nature of action in Quieting of Title is in personam. b. it is being tolerated anyway. a. 76.
79. Thereafter. although payable in monthly installments for a period of 4 years. 78. Dismiss the action for annulment on the ground that the property subject of the case is located in Singapore. Yes. b. subsequent installments were paid from the conjugal partnership funds. Wendy. Yes. 77. because the threat made by Miguel is just and legal. d. Noel would not marry Liza. Is the land conjugal or paraphernal? a. If you were the judge. bought a parcel of land in Dagupan City from Amante for P600. Grant the action for annulment on the ground that Shantung Company did not authorized Magdalene to sell the property. it is applicable only to buyer in installment of appliances. only those who had paid at least 2 years of installment and defaulted later. the sale of a real property by an agent without a special power of attorney is valid. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. because it is the intent and spirit of the law. because Miguel is not a party to the contract of marriage between Liza and Noel. c. The said contract of sale was executed before the vice consul of the Philippines in Singapore. No. No. b. Dismiss the action for annulment on the ground that the forms and solemnities of contracts. Yes. because the threat. provided it will not violate their contract. e. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. d. b. vitiates the consent of Noel in contracting the marriage. Yes. thus. No. because without the threat. wills and other public instruments shall be governed by the law of the country in which they are executed. wills and other public instruments shall be governed by the law of the country in which they are executed. thus. Miguel. Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. Knowing that Noel was preparing for the bar examinations. As a consequence of the threat. 13 . The land is conjugal because the installments were paid from the conjugal partnership funds. the law of Singapore shall govern. preventing him from taking the examinations unless he marries Liza. By virtue of the said contract. d.000. Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. Liza became pregnant. No. Noel married Liza. c.00. Grant the action for annulment on the ground that the forms and solemnities of contracts. 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. Noel and Liza were sweethearts. Wendy got married to Lorenzo.a. One year after the execution of the contract. c. they have to apply for it first at HLURB to be covered. to enforce the claim of Liza. Under the laws of Singapore. No. a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code? a. A contract was executed between them which already vested upon Wendy full ownership of the property. single. which of the following courses of action should you take? a.
because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries.000. Is Jessie entitled to recover the money he donated? 14 . Charina and David decided to get married on February 14. the husband of Charina. on the other hand fell in love with David and they decided to live together as husband and wife on May 12. Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David. If you were the judge. Charina gave birth to a baby girl she named Noreen. Ana engaged in business which unfortunately failed. because there was an agreement between the parties to voluntarily dissolved their conjugal partnership. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent.00 to the unborn child of his cousin Laura. that they were voluntarily dissolving their conjugal partnership. 81.00. 1990. 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. assisted by her grandparents. c. The land is paraphernal because it was Wendy who purchased the same. continued to be gainfully employed and was able to acquire properties through his own efforts.b. Charina. on the other hand. which the latter accepted in a private instrument. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo? a. Noreen. Thereafter. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Casey died 22 hours after birth. Reynaldo. No. Hence. 80. Marvin was married to Charina on February 14.000. The land is both conjugal and paraphernal because the installments were paid from both the personal funds of Wendy and the conjugal partnership funds. they lived apart. Due to irreconcilable differences. After 6 months of pregnancy. Marvin left the conjugal dwelling. Jessie sought to recover the P200. 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. Yes. The land is paraphernal because ownership thereof was acquired before the marriage. No. because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry. because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana. d. thus. 82. they executed a public document wherein they declare that they had no debts. filed a petition questioning the validity of her marriage to David. Marvin died in an accident. Six (6) years after or on September 8. Yes. the fetus was born and baptized Casey. Charina died living a considerable amount of properties. Grant the petition on the ground that the marriage is void ab anitio. no need to secure a marriage license. c. c. 1992. b. and that each of them would thereafter be free to acquire or dispose of any property independently of the other. how will you decide on the petition? a. Two (2) years later. d. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Jessie donated P200. d. Free at last. as the ratification of their marital cohabitation is not valid. 1998. b.
Yes. The U. because when Casey died. a Filipino citizen and John Riel. a. inherited the money donated by Jessie. Valid. because such marriage is recognized as valid in the place where it was celebrated. because the marriage license was wrongfully obtained by the parties. 84. because according to the laws of Australia. a marriage solemnized by a consular official is valid. b. the supposed donee. b. What is the status of the marriage of Glenda and John Riel? a. Glenda. because the consular official has no authority to solemnize the marriage. never acquired civil personality. as Casey’s heir. c. under special circumstances. d. b. Yes. because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage. thereby invalidating the marriage. Voidable. Yes.S. embassy later on issued a certificate of legal capacity to contract marriage. Valid. d. married Darna dela Cruz. 1992 with a valid marriage license. to submit a certificate of legal capacity to contract marriage. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. 15 . such consular official has authority to celebrate the marriage. No. c. d. Laura. All of the above. According to the laws of Australia. because the rule allows no exemption. No. got married in the consular office of the Philippines in Australia. embassy claims that such marriage is void from the beginning. No. c. because the donation is valid as Laura already accepted the same b. thus producing no legal effect. Void. Yes. c. No. it shall be necessary for them. a Filipino Citizen last March 8. 85. during the defect in the issuance of the marriage license. embassy tenable? a. The doctrine of “Self-Help” is an exemption that a person should not take the law intro his own hands. thus.S. No. Is the contention of the U. because the U. No. provided that such marriage is celebrated in accordance with the laws of such consular official. because the law provides that when either or both of the contracting parties are citizens of a foreign country. because there is an irregularity in the authority of the consular official to solemnize marriages. issued by their respective diplomatic or consular officials.S. 83. an American national. because ignorance of the law excuses no one. because the donation is void as the acceptance was not made in a public instrument. an Australian citizen. before a marriage license can be obtained. because the donation never produced any legal effect as Casey. e. because everybody should be law abiding citizen. d. Yes.a. thus it will not affect the validity of the marriage. Clark Kent. No.
it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery. d.86. the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. e. it was aborted on request of or with permission from the father to save the life of the mother. d. valid there being good faith on the part of the parties. e. e. c. e. the child could not be his for biological or scientific reasons. solemnized with a marriage license issued without complying with the required 10-day b. b. 90. the husband had a serious illness that prevented him from engaging in sexual intercourse. d. d. 16 . The marriage is: a. valid there being a marriage license validly obtained by the parties. valid there being only an irregularity in the marriage license. upon order of the court. For civil purposes. d. 89. b. A marriage is void if: a. if one spouse has abandoned the other. d. Filipinos are governed by their national law with respect to the following matters. a fetus may be considered born if: a. if only one of the spouses is earning. posting. he is physically incapable of sexual intercourse 91. except: a. e. the wife is suspected of infidelity. between parties both 23 years of age but without parental advice. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb. solemnized by a minister whom the parties believe to have the authority. between a woman and her husband’s killer/holdup per. c. Separation of property between spouses during the marriage may take place only: a. c. The husband may impugn the legitimacy of his child but not on the ground that: a. they were living apart. by agreement of the spouses. it had an intra-uterine life of 9 months but dies in the maternal womb. Excited over their impending marriage. voidable there being a defect in the formal requisite. if one of the spouses has given ground for legal separation. solemnized by a commanding officer between two members of his battalion. b. c. c. b. c. e. legal capacity family rights and status personal property testamentary succession intrinsic validity of wills 88. 87. it had an intra-uterine life of 8 months but is dead upon delivery. b. void in the absence of a valid marriage license.
wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. In legal separation: a. A husband by chance discovered hidden treasures on the paraphernal property of his wife. No. anytime during the marriage. e. because it took effect while the donor is still alive. e. Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment. The legitimacy of the child may be impugned by: a. within five years after marriage. No. b. his parents his illegitimate child. Excessive donation inter vivos may be revoked or reduced after the death of the donor. in so far that it reduces the legitimate of the compulsory heirs. Three years after marriage. 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. e. the illness must be grave the burden of proof must rest on the respondent. he has been afflicted even before the marriage but concealed such fact. if any his brothers or sisters his aunts or uncles none of them 95. Yes. 93. 97. c. c. who owns the discovered treasure. c. the roots of the illness can be traced to the history of the subject the incapacity appears to be incurable. No. the aggrieved spouse may file the action within 5 years from the time of the occurrence of b. c. 96. 17 . d. e. wife learned that husband is afflicted with STD. no trial shall be held without the 6-month cooling off period being observed. 1995. d. anytime during the lifetime of the husband. b. because it will impair the right of a person to enter into a contract. 94. because it is not practical. 1996. On March 3. e. c.92. b. within five years upon knowledge of the STD. the cause. a. a. the incapacity must be proven to be existing at the time of the celebration of the marriage. An action for annulment may be filed by the wife. the prosecuting attorney has to conduct his own investigation. d. the spouses will be entitled to live separately upon the start of the trial. a. All of the above. Apparently. b. d. d. anytime during the lifetime of the wife.
b. Usufruct because the usufructuary has possession and fruits of the property b. donated a parcel of land to the unborn child of H and W. because the remedy is only destruction or removal b. A. for the purpose of civil law b. c. for the purpose of criminal law c. No. Yes. because the case is inlay civil in nature c. because the donee has no name yet to whom the land is to be transferred 102. J be charged criminally in court? . The half pertaining to the husband (finder) belongs to the conjugal partnership b. Mr. may Mr. None. The half pertaining to the wife (as owner) belongs to the conjugal partnership c. Easement because easement is enforceable even if there is no contract 100. d. J constructed a basketball court at the middle of the street. the tree is planted in his (X) land c. No. a and b 98. in accordance with the law of easement 18 . Easement because the servient estate is under obligation to let others use the property c. Yes. Action for rescission on the account of lesion will prescribe within --a. No. a. of the principle “accessory follows the principal b. No. because there is no one yet to accept the donation c. No. Yes. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. Yes. X is the owner of the encroaching branches because… a. provided that Mr. is the donation valid? a. J did not pay any permit to the local government 103. B. provided that the basketball court be declared first as a public nuisance d. 10 years 5 years 7 years answer not given 99. After ten years branches of the mango tree encroached the air space of B. for the purpose of commercial law d. Mr. because there is no donee yet b. d. All of the above e.a. because in both cases there is no transfer of title d. Mr. No. Are growing crops real property? a. Which one is more burdensome. easement or usufruct? a. None of the above 101. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property. provided the child be born alive or to live for at least 24 hours under certain conditions d. No.
Vigan Church constructed before 1898 106. Manila Cathedral constructed before 1898 d. 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. Mineral Resource EDUC Certification 109. those no longer intended for public good and public welfare c. Which of the following marriages is void for reasons of public policy? a. Patrimonial Property of the State refers to a. occupied or utilized by indigenous cultural minorities themselves or through their ancestors by 108. Which among the group of things listed below could not be considered as a property? a. Quiapo Church constructed after 1898 b. Environmental Compliance Certificate (ECC) b. Which of the following is not included in the attributes of juridical capacity? 19 . those actually possessed. seashore 105. public road d. Which among the churches listed below is owned by the Roman Catholic Church? a. Joint Venture Agreement (JVA) d.d. res alicujus d. None of the above 107. b. those no longer intended for public use and public service b. agricultural land b. c. Which among the properties of the states that could be the subject of prescription in favor of a private person? a. Environmental Impact Statement (EIS) c. res nullius b. e. forest land c. Between brothers and sisters. res communes c. None of the above 104. d. 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. San Agustin Church constructed before 1898 c. All of the above e.
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. b. The donation shall be automatically revoked in case of non-celebration of the marriage c. The donation must be made before the celebration of the marriage b. 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. All of the above 112. The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage. e. None of the above 111. Juridical capacity can be limited or restricted d. e. c. Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage e. Juridical Personality is inherent in every natural person. Which of the following is not a ground for extinguishment of parental authority? a. Concealment of drug addiction of a sexually-transmissible disease. habitual alcoholism. b. Juridical capacity is lost only through death c. and therefore it is not acquired. When there is a decree of legal separation None of the above 114.a. regardless of its nature. The general rule is that both husband and wife must jointly adopt except in the following cases: a. Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude b. None of the above 113. Which of the following circumstances does not terminate the absolute community of property? a. d. homosexuality or lesbianism existing at the time of marriage d. Concealment of drug addiction. The donation must be made in consideration of the marriage d. Which of the following is not a requisite for a valid donation propter nuptias? a. Upon the death of the child 20 . existing at the time of the marriage c. Juridical capacity cannot exist without capacity to act e. c. d. b. except? a. The donation must be made in favour of one or both of the future spouses e.
How do you classify this nuisance? 21 . Which of the following does not characterized legal separation? a.000. c. Danny refused to return the watch. b. d.b. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. In a residential subdivision in San Pedro. b. Six (6) months thereafter. they had a serious quarrel. because the value of the thing donated exceeded Php 5. b. What is the status of the marriage between Bruce and Margarita. Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Danny readily accepted the gift with profuse gratitude. the two got married without a marriage license.00 to his friend Danny as a birthday gift. d.00 and the donation and acceptance were not in writing. Voidable Valid Valid but subjects the party responsible to civil. August 30. d. criminal and administrative liability Unenforceable Void ab initio 117. because there was acceptance and receipt of the donated personal property by the donee Danny. Laguna. (c) Void.000. The Civil Code of the Philippines took effect on: a. Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day. Upon adoption of the child Upon appointment of a general guardian All of the above None of the above 116.000 and the donation and acceptance were not in a public instrument. e. 1950 June 30. 1950 August 30. What is the nature of this donation? (a) Valid. Bruce was engaged to Margarita. 1949 119. c. (d) Void. c. One month later. (b) Valid.000. The marriage is not defective The grounds arise only after the marriage The spouses are still married to each other and cannot. e. d. c. e. Bruce died. In view of the pronouncement of Bruce’s doctor. hence. Charlie demanded the return of the watch from Danny. 120. therefore remarry There are ten (10) grounds for legal separation None of the above 118. because there was intention to donate and delivery by the donor Charlie. 1951 June 30. a. Charlie gave his diamond-encrusted watch worth Php 25. because the value of the thing donated exceeded Php 5.
22 . regardless of its location and surroundings. because parental authority should be vested on the present parent. experienced a stomach ache and kept going to the restroom for long period of time. Yes. because the children should be given back to their mother considering that being both less that 7 years of age. Benjie and Cherry. because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another. Roberta. because it affects and annoys the entire residential subdivision. through trickery. May the will of Clara be admitted to probate? Give your reasons briefly. (c) Nuisance per se. A week after. Arsenio. with her parents. (c) No. 4 years old and 2 years old.S. do not want to give his children to him. Clara thinking of her morality. Later. d. beside the table on which everyone was signing Benjamin. (b) Yes. She left her two (2) children. (b) Nuisance per accidents. Hannah while waiting for her turn to sign the will. c. a.(a) Nuisance per se. aside from witnessing the will. because the mother Amelia has transferred her parental authority over the children in favor of the grandparents. respectively. was reading the 7 th Harry Potter book on the couch. their mother must have custody over the children. to work as a nurse in 2005. was able to get his children from their maternal grandparents. Amelia went to the U. because his parents-in-law. Clara was run over by a drunk driver while crossing the street in Greenbelt. 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. Yes. Arsenio. b. b. Clara fell down the stairs and broke both her arms. While the will was being signed. a. Coming from the hospitals. Hannah. Luisa and Benjamin to be witnesses during the day of the signing of her will. because it affects the entire subdivision (d) Nuisance per accidents. Can the grandparents claim back the children? (a) Yes. because the grandparents are more financially capable of providing for the needs of the children. because it is always a nuisance. No. 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. 122. c. 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. 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. (d) No. drafted a will and asked Roberta. 121. Clara insisted on signing her will by thumb mark and said that she can sign her full name later. Amelia and Arsenio are married. Danilo and Elenita. because it is only a nuisance based on its location and circumstances. Also offered to notarize it.
assume all formalities and procedural requirements have been complied with: in 1970 Ramon and Dessa got married. In 1990. Fiona. habitual alcoholism. including successional rights d. b. homosexuality or lesbianism existing at the time of marriage c. a. all of the above 127. All of the above 126. In 1971 and 1972 Ramon and Dessa legally adopted Cherry and Michelle respectively. Shelly shall not inherit being the legally adopted daughter of Cherry. Cherry. Hans and Gretel are the legitimate son of Ramon. on the other hand. bequeathed the painting to her is Angie correct? Why or why not? a. In 1973. the illegitimate daughter of Ramon. No. Anna. Dessa died while giving birth to Larry. Jennifer and Brad were madly in love. In 1986. Jennifer asked for the Picasso painting as a remembrance of him. For purpose of this questions. Anna had a child. because the testatrix was not 124. Jennifer acquired it and placed it in his bedroom. the iron barrier rule applicable in this case. The following constitute fraud which is a ground for annulment of marriage a. 125. Prior to their marriage. In 2005. Anna never married. Brad in his will bequeathed the painting to Angie. Angie refused and claimed that Brad. concealment of pregnancy of the wife by a man other than the husband b. legally adopted Shelly. Because the Picasso painting reminded Angie of him. concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable d. e. No. 23 . d. Yes. because the painting was given to Brad as a gift by Jennifer. While Brad was mending his broken hearth. Hans and Gretel. because a certain Picasso painting reminded brad of her. Brad and Jennifer broke up. in his will. because the painting was given as legacy to her by Brad. the legally adopted daughter of Ramon. Hans and Gretel shall not inherit from Ramon. Larry had twins. b. Who may inherit from Ramon and who may not? Give your reason briefly. Brad died 1995. letters a and b e. he met Angie and fell in love. and Cherry dies. Saddened by Brad’s death. c. In 1989. A valid marriage licence secured prior to the marriage is a formal requisite to make the marriage valid except.d. concealment of drug addiction. She enjoys the same rights and privilege just like a legitimate child. Ramon had a child. Larry. Michelle shall inherit from Ramon being the legally adopted daughter of Ramon. c. Lia. because the painting was owned by Brad Yes. with his girlfriend. because the real owner of the painting was Jennifer. Yes. The relationship created by fiction of law extends only the adopter and adoptee and does not extend anymore to parents of the adopter. Lia shall inherit from Ramon because the iron-barrier rule is not applicable his being illegitimate daughter of Anna. Anna.
The absolute community of properly terminates a. marriage between parties who have been cohabiting for at least 5 years without any legal impediment to marry each other c. c. marriage in articulo mortis b. b. letters a and b e. consul-general or vice consul between Filipino citizens abroad d. marriage before the consul.a. all of the above 128. d. 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 24 . e.
D 67. C 93. B 37. D 19. C 5. A 25 . A 32. D 84. B 69. A 33. C 26. B 21. E 92. B 35. B 10. D 81. C 76. D 71. C 17. E 72. A 70. A 85. A 11. B 9. A 20. B 97. B 16. C 83. C 79. C 68. D 24. C 94. C 89. A 18. B 7. 4. A 96. A 36. A 15. B 80. C 75. C 3. C 103. C 12. C 102. A 91. D 104. C 2. B 13. C 78. B 90. A 82. A 100. A 22. C 101. A 77. D 73. B 27. A 31. C 8. C 28. A 86. D 34. B 25. B 30. A 95. D 23. D 38. C 88. C 87. D 74. C 6. D 29. C. D 99. A 14.ANSWER KEY IN CIVIL LAW 1 1. C 98.
D 61. D 43. E 114. C 41. A 50. B 56. C 40. D 112. C 58. E 64. E 116. B 49. B 117. E 126.39. C 119. B 51. B 109. D 59. E 66. B 113. E 128. B 108. E 60. E 53. C 124. C 120. B 121. C 105. D 63. D 55. C 122. E 26 . D 42. D 47. E 115. B 46. C 65. D 111. C 48. B 45. D 118. E 54. C 125. B 107. D 62. A 52. B 57. C 123. D 127. D 110. B 44. A 106.