civil law mcqs

8/11/2019 Civil Law MCQs

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Civil Law MCQs

This is Set A of the 2011 Bar Exams on Civil Law. There are 100 multiple hoie !uestions. The answers

are "ol#e#.

1.$hen #oes a #elaration of a"sene of a missin% person ta&e e'et(

A. )mme#iatel* from the issuane of the #elaration of a"sene.

B. + months after the pu"liation of the #elaration of a"sene.

C. 6 months after the publication of the declaration of absence.

,. 1- #a*s from the issuane of the #elaration of a"sene.

2. The authorit* that shool a#ministrators exerise over shool hil#ren un#er their supervision

instrution or usto#* is alle#

A. le%al parental authorit*.

B. su"stitute parental authorit*.

C. or#inar* parental authorit*.

D. special parental authority.

+. Can future inheritane "e the su"/et of a ontrat of sale(

A. o sine it will put the pre#eessor at the ris& of harm from a tempte# "u*er ontrar* to pu"li

poli*.

B. es sine the #eath of the #ee#ent is ertain to our.

C. No, since the seller owns no inheritance while his predecessor lives.

,. es "ut on the on#ition that the amount of the inheritane an onl* "e asertaine# after the

o"li%ations of the estate have "een pai#.

. 3pon the proposal of a thir# person a new #e"tor su"stitute# the ori%inal #e"tor without the latter4s

onsent. The re#itor aepte# the su"stitution. Later however the new #e"tor "eame insolvent an#

#efaulte# in his o"li%ation. $hat is the e'et of the new #e"tor4s #efault upon the ori%inal #e"tor(


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A. The original debtor is freed of liability since novation took place and this relieved him of

his obligation.

B. The ori%inal #e"tor shall pa* or perform the o"li%ation with reourse to the new #e"tor.

C. The ori%inal #e"tor remains lia"le sine he %ave no onsent to the su"stitution.

,. The ori%inal #e"tor shall pa* or perform -05 of the o"li%ation to avoi# un/ust enrihment on his

part.

-. Lennie "ou%ht a "usiness lass ti&et from Alta Airlines. As she he&e# in the mana%er

#own%ra#e# her to eonom* on the %roun# that a Con%ressman ha# to "e aommo#ate# in the

"usiness lass. Lennie su'ere# the #isomfort an# em"arrassment of the #own%ra#e. She sue# the

airlines for !uasi6#elit "ut Alta Airlines ountere# that sine her travel was %overne# "* a ontrat

"etween them no !uasi6#elit oul# arise. )s the airline orret(

A. No, the breach of contract may in fact be tortious as when it is tainted as in this case

with arbitrariness, gross bad faith, and malice.

B. o #en*in% Lennie the omfort an# amenities of the "usiness lass as provi#e# in the ti&et is a

tortious at.

C. es sine the fats show a "reah of ontrat not a !uasi6#elit.

,. es sine !uasi6#elit presupposes the a"sene of a pre6existin% ontratual relation "etween the

parties.

7. $hih of the followin% is an in#ispensa"le re!uirement in an ation for 8!uietin% of title9 involvin%

real propert*( The plainti' must

A. "e in atual possession of the propert*.

B. "e the re%istere# owner of the propert*.

C. have legal or euitable title to the property.

,. "e the "ene:ial owner of the propert*.

;. < an# were to marr* in + months. Meantime to express his a'etion < #onate# a house an# lot

to whih #onation < wrote in a letter to . wrote "a& aeptin% the #onation an# too& possession

of the propert*. Before the we##in% however su##enl* #ie# of heart atta&. Can 4s heirs %et the

propert*(

A. o sine the marria%e #i# not ta&e plae.


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B. es sine all the re!uisites of a #onation of an immova"le are present.

C. No, since the donation and its acceptance are not in a public instrument.

,. es sine < freel* #onate# the propert* to who "eame its owner.

=. >ene an# Lil* %ot marrie# after a "rief ourtship. After one month Lil* #isovere# that while >ene

presente# himself as a maho man he was atuall* %a*. ?e woul# not %o to "e# with her. ?e &ept

o"sene ma%a@ines of nu#e men an# alwa*s sou%ht the ompan* of han#some "o*s. $hat le%al

reme#* #oes Lil* have(

A. !he can "le an action for annulment of marriage on ground of fraud.

B. She an see& a #elaration of nullit* of the marria%e "ase# on >ene4s ps*holo%ial inapait*.

C. She an %o a"roa# an# :le for #ivore in a ountr* that an %rant it.

,. She has none sine she ha# the opportunit* to examine the %oo#s an# freel* entere# into the

marria%e.

. Luio exeute# a simple #ee# of #onation of -0 million on time #eposit with a "an& in favor of A B

C , an# E without in#iatin% the share of eah #onee. All the #onees aepte# the #onation in

writin%. A one of the #onees #ie#. $ill B C , an# E %et A4s share in the mone*(

A. es aretion will automatiall* appl* to the /oint6#onees in e!ual shares.

B. es sine the #onor4s intention is to %ive the whole of -0 million to the /oint6 #onees in e!ual

shares.

C. o A9s share will revert to the #onor "eause aretion applies onl* if the /oint6#onees are spouses.

D. No, A#s share goes to his heirs since the donation did not provide for reversion to donor.

10. >aul Ester an# >ufus inherite# a 106hetare lan# from their father. Before the lan# oul# "e

partitione# however >aul sol# his here#itar* ri%ht to >a'* a stran%er to the famil* for - million. ,o

Ester an# >ufus have a reme#* for &eepin% the lan# within their famil*(

A. $es, they may be subrogated to %a&y#s right by reimbursing to him within the reuired

time what he paid %aul.

B. es the* ma* "e su"ro%ate# to >a'*4s ri%ht provi#e# the* "u* him out "efore he re%isters the sale.

C. o the* an "e su"ro%ate# to >a'*4s ri%ht onl* with his onformit*.

,. o sine there was no impe#iment to >aul sellin% his inheritane to a stran%er.


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A. The children born before the divorce are legitimate but those born after it are not since

Arthur got the divorce when he had ceased to be a *ilipino.

B. The #ivore ren#ere# ille%itimate the hil#ren "orn "efore it sine the marria%e that "e%ot them ha#

"een nulli:e#.

C. The hil#ren "orn "efore an# after the #ivore are all le%itimate sine hilippine law #oes notreo%ni@e #ivore.

,. All the hil#ren are le%itimate sine the* were "orn of the same father an# mother.

1-. $ho an ma&e a #onation(

A. All persons who can enter into contracts and dispose of their property.

B. All persons who are of le%al a%e an# su'er from no ivil inter#ition.

C. All persons who an ma&e a last will an# testament.

,. All persons whether natural or arti:ial who own propert*.

17. The lia"ilit* of the partners inlu#in% in#ustrial partners for partnership ontrats entere# into in

its name an# for its aount when all partnership assets have "een exhauste# is

A. +ro(rata.

B. Foint.

C. Soli#ar*.

,. Goluntar*.

1;. $hen an a missin% person who left someone to a#minister his propert* "e #elare# an a"sentee

"* the ourt( $hen he has "een missin% for

A. 2 *ears from the reeipt of the last news a"out him.

B. ; *ears from the reeipt of the last news a"out him.

C. 10 *ears from the reeipt of the last news a"out him.

D. years from the receipt of the last news about him.


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1=. $hih of the followin% laims a%ainst the #e"tor en/o*s preferene over the others with respet to

his spei: immova"le propert* an# real ri%hts(

A. 3npai# prie of real propert* sol# upon the immova"le propert*.

B. Mort%a%e re#its reor#e# in the re%istr* of propert* upon the mort%a%e# real estate.

C. Ta-es due, upon the land or building.

,. Expenses for the preservation an# improvement of propert* when the law authori@es

reim"ursement upon the preserve# or improve# immova"le.

1. $hen "ilateral ontrats are vitiate# with vies of onsent the* are ren#ere#

A. resissi"le.

B. voi#.

C. unenforea"le.

D. voidable.

20. An a%ent authori@e# "* a speial power of attorne* to sell a lan# "elon%in% to the prinipal

suee#e# in sellin% the same to a "u*er aor#in% to the instrutions %iven the a%ent. The a%ent

exeute# the #ee# of a"solute sale on "ehalf of his prinipal two #a*s after the prinipal #ie# an event

that neither the a%ent nor the "u*er &new at the time of the sale. $hat is the stan#in% of the sale(

A. Goi#a"le.

). alid.

C. Goi#.

,. 3nenforea"le.

21. Spouses A an# B lease# a piee of lan# "elon%in% to B4s parents for 2- *ears. The spouses "uilt

their house on it worth +00000.00. Su"se!uentl* in a ase that C :le# a%ainst A an# B the ourtfoun# the latter lia"le to C for 200000.00. $hen the sheri' was attahin% their house for the

satisfation of the /u#%ment A an# B laime# that it was exempt from exeution "ein% a famil* home.

)s this laim orret(

A. es "eause while B4s parents own the lan# the* a%ree# to have their #au%hter "uil# her famil*

home on it.


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C. The liuidation of a co(ownership applies since the annulment brought their property

relation under the chapter on property regimes without marriage.

,. The law on li!ui#ation of partnerships applies.

2-. < an# a%ree# ver"all* "efore their marria%e HaI on the paternit* of the ille%itimate hil# of an#

H"I on the eonomi re%ime that will %overn < an# 4s propert* relations. )s the ver"al a%reement

vali#(

A. No, because a marriage settlement to be valid should be in writing.

B. es sine ante6nuptial a%reements nee# not "e in writin%.

C. o "eause a marria%e settlement annot inlu#e an a%reement on the paternit* of an ille%itimate

hil#.

,. es sine even if it is not a vali# marria%e settlement it is a vali# ver"al ontrat.

27. Spouses < an# have a minor #au%hter J who nee#s support for her e#uation. Both < an#

who are :naniall* #istresse# oul# not %ive the nee#e# support to J. As it happens J4s other

relatives are :naniall* apa"le of %ivin% that support. rom whom ma* J :rst ri%htfull* #eman#

support( rom her

A. grandfather.

B. "rother.

C. unle.

,. :rst ousin.

2;. i#el a ilipino with fair omplexion marrie# Kloria. Before the marria%e Kloria onfesse# to i#el

that she was two6month pre%nant with the hil# of a "la& Afrian who ha# left the ountr* for %oo#.

$hen the hil# was "orn i#el oul# not aept it "ein% too "la& in omplexion. $hat is the status of

the hil#(

A. )lle%itimate "eause Kloria onfesse# that the hil# is not i#el4s.

B. )lle%itimate "eause "* the olor of its s&in the hil# oul# not possi"l* "e that of i#el.

C. 0egitimate, because the child was born within a valid marriage.

,. Le%itimate "eause i#el a%ree# to treat the hil# as his own after Kloria tol# him who the father

was.


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2=. The hus"an#4s ats of fori"l* e/etin% his wife without /ust ause from the on/u%al #wellin% an#

refusin% to ta&e her "a& onstitutes

A. #esertion.

B. rerimination.

C. constructive abandonment.

,. #e fato separation.

2. )n his will the testator #esi%nate# < as a le%atee to reeive 2 million for the purpose of "u*in% an

am"ulane that the resi#ents of his Baran%a* an use. $hat &in# of institution is this(

A. a :#eiomissar* institution.

). a modal institution.

C. a on#itional institution.

,. a olletive institution.

+0. < insure# himself for - million #esi%natin% his wife as his sole "ene:iar*. The #esi%nation was

irrevoa"le. A few *ears later < ha# their marria%e annulle# in ourt on the %roun# that ha# an

existin% prior marria%e. < su"se!uentl* #ie# )s entitle# to the insurane "ene:ts(

A. es sine the insurane was not #epen#ent on the marria%e.

B. es sine her #esi%nation as "ene:iar* was irrevoa"le.

C. No, 1#s designation of $ is revoked by operation of law upon the annulment of their

marriage based on $#s fault.

,. es sine without /u#iial revoation


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+2. The #ee#ent #ie# intestate leavin% an estate of 10 million. ?e left the followin% heirs aI Marlon

a le%itimate hil# an# "I Ceilia the le%al spouse. ,ivi#e the estate.

A. Marlon %ets 1 an# Ceilia %ets +.

B. Marlon %ets 2+ an# Ceilia 1+.

C. 2arlon gets 345 and Cecilia gets 345.

,. Marlon %ets + an# Ceilia 1.

++. Contrats ta&e e'et onl* "etween the parties or their assi%ns an# heirs exept where the ri%hts

an# o"li%ations arisin% from the ontrat are not transmissi"le "* their nature "* stipulation or "*

provision of law. )n the latter ase the assi%ns or the heirs are not "oun# "* the ontrats. This is

&nown as the priniple of

A. %elativity of contracts.

B. ree#om to stipulate.

C. Mutualit* of ontrats.

,. "li%ator* fore of ontrats.

+. A "u*er or#ere# -000 apples from the seller at 20 per apple. The seller #elivere# 7000 apples.$hat are the ri%hts an# o"li%ations of the "u*er(

A. e can accept all 6,777 apples and pay the seller at +57 per apple.

B. ?e an aept all 7000 apples an# pa* a lesser prie for the 1000 exess apples.

C. ?e an &eep the 7000 apples without pa*in% for the 1000 exess sine the seller #elivere# them

an*wa*.

,. ?e an anel the whole transation sine the seller violate# the terms of their a%reement.

+-. Lino entere# into a ontrat to sell with >amon un#erta&in% to onve* to the latter one of the :ve

lots he owns without speif*in% whih lot it was for the prie of 1 million. Later the parties oul# not

a%ree whih of :ve lots he owne# Lino un#ertoo& to sell to >amon. $hat is the stan#in% of the

ontrat(

A. 3nenforea"le.


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B. Goi#a"le.

C. >esissi"le.

D. oid.

+7. Nnowin% that the ar ha# a hi##en ra& in the en%ine < sol# it to without informin% the latter

a"out it. )n an* event the #ee# of sale expressl* stipulate# that < was not lia"le for hi##en #efets.

,oes have the ri%ht to #eman# from < a reim"ursement of what he spent to repair the en%ine plus

#ama%es(

A. es. < is lia"le whether or not he was aware of the hi##en #efet.

). $es, since the defect was not hidden8 1 knew of it but he acted in bad faith in not

disclosing the fact to $.

C. o "eause is in estoppel havin% han%e# en%ine without prior #eman#.

,. o "eause waive# the warrant* a%ainst hi##en #efets.

+;. Ame Canner* pro#ue# sar#ines in ans &nown as 8Sar#s.9 M*lene "ou%ht a an of Sar#s from a

store ate it an# su'ere# from poisonin% ause# "* a noxious su"stane foun# in the sar#ines. M*lene

:le# a ase for #ama%es a%ainst Ame. $hih of the followin% #efenses will hol#(

A. The e-piry date of the 9!ards: was clearly printed on its can, still the store sold and

2ylene bought it.

B. M*lene must have #etete# the noxious su"stane in the sar#ines "* smell *et she still ate it.

C. Ame ha# no transation with M*leneO she "ou%ht the 8Sar#s9 from a store not #iretl* from Ame.

,. Ame en/o*s the presumption of safeness of its annin% proe#ure an# M*lene has not overome

suh presumption.

+=. ernan#o exeute# a will prohi"itin% his wife Marina from remarr*in% after his #eath at the pain of

the le%a* of 100 Million in her favor "eomin% a nullit*. But a *ear after ernan#o4s #eath Marina

was so overwhelme# with love that she marrie# another man. )s she entitle# to the le%a* theamount of whih is well within the apait* of the #isposa"le free portion of ernan#o4s estate(

A. es sine the prohi"ition a%ainst remarr*in% is a"solute it is #eeme# not written.

B. es "eause the prohi"ition is inhuman an# oppressive an# violates Marina4s ri%hts as a free

woman.


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C. o "eause the nullit* of the prohi"ition also nulli:es the le%a*.

D. No, since such prohibition is authori;ed by law and is not repressive8 she could remarry

but must give up the money.

+.


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2. Birth #etermines personalit*. ,eath extin%uishes it. 3n#er what irumstanes ma* the personalit*

of a #eease# person ontinue to exist(

A. )n ase of re6appearane of a missin% person presume# #ea#.

B. )n protetin% the wor&s of a #eease# un#er intelletual propert* laws.

C. )n ase of #elaration of presumptive #eath of a missin% spouse.

D. 'n the settlement of the estate of a deceased person.

+. Six tenants sue#


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C. No, since the pool was bare and had no enticing or alluring gadgets,


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. Asion% "orrowe# 1 million from a "an& seure# "* a mort%a%e on his lan#. $ithout his onsent

his frien# Bo*on% pai# the whole loan. Sine Asion% "ene:te# from the pa*ment an Bo*on% ompel

the "an& to su"ro%ate him in its ri%ht as mort%a%ee of Asion%4s lan#(

A. o "ut the "an& an forelose an# pa* Bo*on% "a&.

). No, since )oyong paid for Asiong#s loan without his approval.

C. es sine a han%e of re#itor too& plae "* novation with the "an&4s onsent.

,. es sine it is "ut ri%ht that Bo*on% "e a"le to %et "a& his mone* an# if not to forelose the

mort%a%e in the manner of the "an&.

-0. Con%ress passe# a law imposin% taxes on inome earne# out of a partiular ativit* that was not

previousl* taxe#. The law however taxe# inomes alrea#* earne# within the :sal *ear when the law

too& e'et. )s the law vali#(

A. o "eause laws are inten#e# to "e prospetive not retroative.

B. o the law is ar"itrar* in that it taxes inome that has alrea#* "een spent.

C. es sine tax laws are the life"loo# of the nation.

D. $es, ta- laws are an e-ception8 they can be given retroactive e&ect.

-1. >u#olf "orrowe# 1 million from >o#ri%o an# ernan#o who ate# as soli#ar* re#itors. $hen the

loan mature# >o#ri%o wrote a letter to >u#olf #eman#in% pa*ment of the loan #iretl* to him. Before

>u#olf oul# ompl* ernan#o went to see him personall* to ollet an# he pai# him. ,i# >u#olf ma&e

a vali# pa*ment(

A. o sine >u#olf shoul# have split the pa*ment "etween >o#ri%o an# ernan#o.

). No, since %odrigo, the other solidary creditor, already made a prior demand for payment

from %udolf.

C. es sine the pa*ment overs the whole o"li%ation.

,. es sine ernan#o was a soli#ar* re#itor pa*ment to him extin%uishe# the o"li%ation.

-2. $hat happens to the propert* re%imes that were su"sistin% un#er the ew Civil Co#e when the

amil* Co#e too& e'et(

A. The original property regimes are immutable and remain e&ective.


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B. Those en/o*in% spei: re%imes un#er the ew Civil Co#e ma* a#opt the re%ime of a"solute

ommunit* of propert* un#er the amil* Co#e.

C. Those that marrie# un#er the ew Civil Co#e "ut #i# not hoose an* of its re%imes shall now "e

%overne# "* the re%ime of a"solute ommunit* of propert*.

,. The* are superse#e# "* the amil* Co#e whih has retroative e'et.

-+. The testator exeute# a will followin% the formalities re!uire# "* the law on suession without

#esi%natin% an* heir. The onl* testamentar* #isposition in the will is the reo%nition of the testator4s

ille%itimate hil# with a popular atress. )s the will vali#(

A. es sine in reo%ni@in% his ille%itimate hil# the testator has ma#e him his heir.

B. o "eause the non6#esi%nation of heirs #efeats the purpose of a will.

C. o the will omes to life onl* when the proper heirs are institute#.

D. $es, the recognition of an illegitimate heir is an ample reason for a will.

-. A left B his wife in the hilippines to wor& in E%*pt "ut #ie# in that ountr* after a *ear4s

ontinuous sta*. Two months after A4s #eath B %ave "irth to a hil# laimin% it is A4s hil#. $ho an

assail the le%itima* of the hil#(

A. A#s other heirs apart from ).

B. The State whih has interest in the welfare of overseas ontrat wor&ers.

C. An* one who is outra%e# "* B4s laim.

,. o one sine A #ie#.

--. Q> an# TS who ha# a marria%e liense re!ueste# a newl* appointe# Fu#%e in Manila to marr* them

on the "eah of Boraa*. Sine the Fu#%e maintaine# Boraa* as his resi#ene he a%ree#. The

sponsors were all pu"li oDials. $hat is the status of the marria%e.

A. alid, since the improper venue is merely an irregularity8 all the elements of a valid

marriage are present.

B. Goi# "eause the ouple #i# not %et loal permit for a "eah we##in%.

C. Goi#a"le "eause the Fu#%e ate# "e*on# his territorial /uris#ition an# is a#ministrativel* lia"le for

the same.


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C. o sine there was no express a%reement re%ar#in% automati resission.

,. o the seller shoul# :rst #etermine that was not /usti:e# in failin% to appear.

-. The wife :le# a ase of le%al separation a%ainst her hus"an# on the %roun# of sexual in:#elit*

without previousl* exertin% earnest e'orts to ome to a ompromise with him. The /u#%e #ismisse# the

ase for havin% "een :le# without ompl*in% with a on#ition pree#ent. )s the #ismissal proper(

A. o e'orts at a ompromise will onl* #eepen the wife4s an%uish.

). No, since legal separation like validity of marriage is not sub/ect to compromise

agreement for purposes of "ling.

C. es to avoi# a famil* feu# that is hurtful to ever*one.

,. es sine the #ispute oul# have "een settle# with the parties a%reein% to le%al separation.

70. An Australian livin% in the hilippines a!uire# shares of sto& worth 10 million in foo#

manufaturin% ompanies. ?e #ie# in Manila leavin% a le%al wife an# a hil# in Australia an# a live6in

partner with whom he ha# two hil#ren in Manila. ?e also left a will #one aor#in% to hilippine laws

leavin% all his properties to his live6in partner an# their hil#ren. $hat law will %overn the vali#it* of

the #isposition in the will(

A. Australia law sine his le%al wife an# le%itimate hil# are Australians an# #omiile# in Australia.

). Australian law since the intrinsic validity of the provisions of a will is governed by the

decedent#s national law.

C. hilippine law sine the #ee#ent #ie# in Manila an# he exeute# his will aor#in% to suh law.

,. hilippine law sine the #ee#ent4s properties are in the hilippines.

71. < "ou%ht a lan# from pa*in% him ash. Sine the* were frien#s the* #i# not exeute an*

#oument of sale. After ; *ears the heirs of < as&e# to exeute a #ee# of a"solute sale to formali@e

the ver"al sale to their father. 3nwillin% to #o so


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,. es after full pa*ment the ation "eame impresripti"le.

72. A ourt #elare# >iar#o an ol# "ahelor an a"sentee an# appointe# Ciero a#ministrator of his

propert*. After a *ear it was #isovere# that >iar#o ha# #ie# a"roa#. $hat is the e'et of the fat ofhis #eath on the a#ministration of his propert*(

A. $ith >iar#o no lon%er an a"sentee "ut a #eease# person Ciero will ease to "e a#ministrator of

his properties.

). The administration shall be given by the court having /urisdiction over the intestate

proceedings to a new administrator whom it will appoint.

C. Ciero automatiall* "eomes a#ministrator of >iar#o4s estate until /u#iiall* relieve#.

,. Ciero4s alienations of >iar#o4s propert* will "e set asi#e.

7+. Bal#o a re/ete# suitor intimi#ate# Fu#* into marr*in% him. $hile she wante# to !uestion the

vali#it* of their marria%e two *ears after the intimi#ation ease# Fu#* #ei#e# in the meantime to

freel* oha"it with Bal#o. After more than - *ears followin% their we##in% Fu#* wants to :le a ase for

annulment of marria%e a%ainst Bal#o on %roun# of la& of onsent. $ill her ation prosper(

A. es the ation for annulment is impresripti"le.

). No, since the marriage was merely voidable and ?udy rati"ed it by freely cohabiting with

)aldo after the force and intimidation had ceased.

C. o sine the ation presri"e# - *ears from the #ate of the ele"ration of the marria%e.

,. es "eause the marria%e was ele"rate# without Fu#*4s onsent freel* %iven.

7. )s the wife who leaves her hus"an# without /ust ause entitle# to support(

A. o "eause the wife must alwa*s "e su"missive an# respetful to thehus"an#.

B. es. The marria%e not havin% "een #issolve# the hus"an# ontinues to have an o"li%ation to

support his wife.

C. No, because in leaving the con/ugal home without /ust cause, she forfeits her right tosupport.

,. es sine the ri%ht to reeive support is not su"/et to an* on#ition.

7-. )n the or#er of intestate suession where the #ee#ent is le%itimate who is the last intestate heirs

or heir who will inherit if all heirs in the hi%her level are #is!uali:e# or una"le to inherit(


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A. ephews an# niees.

B. Brothers an# sisters.

C. !tate.

,. ther ollateral relatives up to the -th #e%ree of onsan%uinit*.

77. >o* an# Carlos "oth un#ertoo& a ontrat to #eliver to Sam in Manila a "oat #o&e# in Su"i.

Before the* oul# #eliver it however the "oat san& in a storm. The ontrat provi#es that fortuitous

event shall not exempt >o* an# Carlos from their o"li%ation. win% to the loss of the motor "oat suh

o"li%ation is #eeme# onverte# into one of in#emnit* for #ama%es. )s the lia"ilit* of >o* an# Carlos

/oint or soli#ar*(

A. either soli#ar* nor /oint sine the* annot waive the #efense of fortuitous event to whih the* are

entitle#.

B. Soli#ar* or /oint upon the #isretion of Sam.

C. Soli#ar* sine >o* an# Carlos faile# to perform their o"li%ation to #eliver the motor "oat.

D. ?oint since the conversion of their liability to one of indemnity for damages made it /oint.

7;. Foanne marrie# Fames a person with no &nown relatives. Throu%h Fames4 har# wor& he an# his

wife Foane prospere#. $hen Fames #ie# his estate alone amounte# to 100 million. )f in his will

Fames #esi%nates Foanne as his onl* heir what will "e the free portion of his estate.

A. Foanne %ets allO estate has no free portion left.

). ?oanne gets 3458 the other half is free portion.

C. Foanne %ets 1+O the remainin% 2+ is free portion.

,. Foanne %ets 1O the remainin% + is free portion.

7=. A warrant* inherent in a ontrat of sale whether or not mentione# in it is &nown as the

A. warrant* on !ualit*.

B. warrant* a%ainst hi##en #efets.

C. warranty against eviction.

,. warrant* in merhanta"ilit*.


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7. The #otrine of stare #eisis presri"es a#herene to pree#ents in or#er to promote the sta"ilit*

of the law. But the #otrine an "e a"an#one#

A. $hen a#herene to it woul# result in the Kovernment4s loss of its ase.

B. $hen the appliation of the #otrine woul# ause %reat pre/u#ie to a forei%n national.

C. $hen neessar* to promote the passa%e of a new law.

D. @hen the precedent has ceased to be bene"cial and useful.

;0. >i an# Fosie ilipinos have "een sweethearts for - *ears. $hile wor&in% in a European ountr*

where the exeution of /oint wills are allowe# the two of them exeute# a /oint holo%raphi will where

the* name# eah other as sole heir of the other in ase either of them #ies. 3nfortunatel* >i #ie# a

*ear later. Can Fosie have the /oint will suessfull* pro"ate# in the hilippines(

A. es in the hi%hest interest of omit* of nations an# to honor the wishes of the #eease#.

). No, since +hilippine law prohibits the e-ecution of /oint wills and such law is binding on

%ic and ?osie even abroad.

C. es sine the* exeute# their /oint will out of mutual love an# are values that the %enerall*

aepte# priniples of international law aepts.

,. es sine it is vali# in the ountr* where it was exeute# appl*in% the priniple of 8lex loi

ele"rationis.9

;1. ML inherite# from his father - million in le%itime "ut he waive# it in a pu"li instrument in favor of

his sister Q who aepte# the waiver in writin%. But as it happene# ML "orrowe# 7 million from

"efore the waiver. o"/ete# to the waiver an# :le# an ation for its resission on the %roun# that he

ha# the ri%ht to ML4s - million le%itime as partial settlement of what ML owe# him sine ML has

prove# to "e insolvent. ,oes as re#itor have the ri%ht to resin# the waiver(

A. o "eause the waiver in favor of his sister Q amounts to a #onation an# she alrea#* aepte# it.

). $es, because the waiver is pre/udicial to the interest of a third person whose interest is

recogni;ed by law.

C. o must wait for ML to "eome solvent an# thereafter sue him for the unpai# loan.

,. es "eause a le%itime annot "e waive# in favor of a spei: heirO it must "e #ivi#e# amon% all the

other heirs.


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;2. $hile en%a%e# to "e marrie# Arnol# an# Fosephine a%ree# in a pu"li instrument to a#opt out the

eonomi re%ime of a"solute ommunit* of propert*. Arnol# a&nowle#%e# in the same instrument

that Fosephine4s #au%hter Mar* is his ille%itimate hil#. But Fosephine #ie# "efore the marria%e oul#

ta&e plae. ,oes the marria%e settlement have an* si%ni:ane(

A. one sine the instrument ontainin% the marria%e settlement is essentiall* voi# for ontainin% anunrelate# matter.

). $es, insofar as Arnold acknowledged 2ary as his illegitimate child.

C. one sine the marria%e #i# not ta&e plae.

,. es if the* a!uire# properties while livin% to%ether as hus"an# an# wife.

;+. Foseph a 1;6*ear ol# ilipino marrie# Fenn* a 216*ear ol# Amerian in )llinois 3SA where the

marria%e was vali#. Their parents %ave full onsent to the marria%e of their hil#ren. After three *ears

Foseph :le# a petition in the 3SA to promptl* #ivore Fenn* an# this was %rante#. $hen Foseph turne#

2- *ears he returne# to the hilippines an# marrie# Leonora. $hat is the status of this seon#

marria%e(

A. oid, because he did not cause the /udicial issuance of declaration of the nullity of his

"rst marriage to ?enny before marrying 0eonora.

B. Gali# "eause Foseph4s marria%e to Fenn* is voi# he "ein% onl* 1; *ears of a%e when he marrie#

her.

C. Gali# "eause his marria%e to Leonora has all the elements of a vali# marria%e.

,. Goi# "eause Foseph is still onsi#ere# marrie# to Fenn* sine the hilippines #oes not reo%ni@e

#ivore.

;. T #ie# intestate leavin% an estate of 000000. ?e left as heirs three le%itimate hil#ren

namel* A B an# C. A has two hil#ren , an# E. Before he #ie# A irrevoa"l* repu#iate# his

inheritane from T in a pu"li instrument :le# with the ourt. ?ow muh if an* will , an# E as A4s

hil#ren %et from T4s estate(

A. Eah of , an# E will %et 1-00000 "* ri%ht of representation sine their father repu#iate# his

inheritane.

B. Eah of , an# E will %et 222-000 "eause the* will inherit from the estate e!uall* with B an# C.

C. D and will get none because of the repudiation8 9): and 9C: will get A#s share by right

of accretion.

,. Eah of , an# E will %et 2000000 "eause the law %ives them some a#vanta%e #ue to the #emise

of 8A9.


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25/30

=2. The resi#ents of a su"#ivision have "een usin% an open strip of lan# as passa%e to the hi%hwa* for

over +0 *ears. The owner of that lan# #ei#e# however to lose it in preparation for "uil#in% his

house on it. The resi#ents proteste# laimin% that the* "eame owners of the lan# throu%h a!uisitive

presription havin% "een in possession of the same in the onept of owners pu"lil* peaefull* an#ontinuousl* for more than +0 *ears. )s this laim orret(

A. No, the residents have not been in continuous possession of the land since they merely

passed through it in going to the highway.

B. o the owner #i# not a"an#on his ri%ht to the propert*O he merel* tolerate# his nei%h"ors4 use of it

for passa%e.

C. es resi#ents of the su"#ivision have "eome owners "* a!uisitive presription.

,. es ommunit* ownership "* presription prevails over private laims.

=+. The owner of a thin% annot use it in a wa* that will in/ure the ri%ht of a thir# person. Thus ever*

"uil#in% or lan# is su"/et to the easement whih prohi"its its proprietor or possessor from ommittin%

nuisane li&e noise /arrin% o'ensive o#or an# smo&e. This priniple is &nown as

A. Fus vin#ian#i.

). !ic utere tuo ut alienum non laedas.

C. Fus #ispon#en#i.

,. Fus a"uten#i.

=. Fanie an# Fennifer are sisters. Fanie sue# Fennifer an# Laura Fennifer4s "usiness partner for

reover* of propert* with #ama%es. The omplaint #i# not alle%e that Fanie exerte# earnest e'orts to

ome to a ompromise with the #efen#ants an# that suh e'orts faile#. The /u#%e #ismisse# the

omplaint outri%ht for failure to ompl* with a on#ition pree#ent. )s the #ismissal in or#er(

A. No, since 0aura is a stranger to the sisters, ?anice has no moral obligation to settle with

her.

B. es sine ourt shoul# promote amia"le settlement amon% relatives.

C. es sine mem"ers of the same famil* as parties to the suit are re!uire# to exert earnest e'orts to

settle their #isputes "efore omin% to ourt.

,. o the famil* ounil whih woul# or#inaril* me#iate the #ispute has "een eliminate# un#er the

amil* Co#e.


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27/30


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A. $es, because the designation of $ as legatee created a new and separate /uridical

relationship between them, that of testator(legatee.

B. )t #epen#s upon the #isretion of the pro"ate ourt if a laim is :le# in the testate proee#in%s.

C. o "eause the intention of the testator in %ivin% the le%a* is to a"ro%ate his entire o"li%ation to .

,. o "eause < ha# no instrution in his will to #eliver more than the le%a* of 1 million to .

+. Fosie owne# a lot worth - million prior to her marria%e to >e*. Su"se!uentl* their on/u%al

partnership spent + million for the onstrution of a house on the lot. The onstrution resulte# in an

inrease in the value of the house an# lot to million. $ho owns the house an# the lot(

A. Fosie an# the on/u%al partnership of %ains will own "oth on a -06-0 "asis.

). ?osie will own both since the value of the house and the increase in the property#s value

is less than her lot#s value8 but she is to reimburse con/ugal partnership e-penses.

C. Fosie still owns the lot it "ein% her exlusive propert* "ut the house "elon%s to the on/u%al

partnership.

,. The house an# lot shall "oth "elon% to the on/u%al partnership with Fosie entitle# to

reim"ursement for the value of the lot.

. An ation for reonve*ane of a re%istere# piee of lan# ma* "e "rou%ht a%ainst the owner

appearin% on the title "ase# on a laim that the latter merel* hol#s suh title in trust for the plainti'.

The ation presri"es however within 10 *ears from the re%istration of the #ee# or the #ate of the

issuane of the erti:ate of title of the propert* as lon% as the trust ha# not "een repu#iate#. $hat is

the exeption to this 106*ear presriptive perio#(

A. $hen the plainti' ha# no notie of the #ee# or the issuane of the erti:ate of title.

B. $hen the title hol#er oneale# the matter from the plainti'.

C. $hen fortuitous irumstanes prevente# the plainti' from :lin% the ase sooner.

D. @hen the plainti& is in possession of the property.

-. Conra# an# Lin#a "oth 20 *ears ol# applie# for a marria%e liense ma&in% it appear that the*

were over 2-. The* marrie# without their parents4 &nowle#%e "efore an unsuspetin% /u#%e. After the

ouple has "een in oha"itation for 7 *ears Lin#a4s parents :le# an ation to annul the marria%e on

%roun# of la& of parental onsent. $ill the ase prosper(


29/30

A. No, since only the couple can uestion the validity of their marriage after they became

53 of age8 their cohabitation also convalidated the marriage.

B. o sine Lin#a4s parents ma#e no alle%ations that earnest e'orts have "een ma#e to ome to a

ompromise with Conra# an# Lin#a an# whih e'orts faile#.

C. es sine the marria%e is voi#a"le the ouple "ein% "elow 21 *ears of a%e when the* marrie#.

,. es sine Lin#a4s parents never %ave their onsent to the marria%e.

7. epito exeute# a will that he an# + attestin% witnesses si%ne# followin% the formalities of law

exept that the otar* u"li faile# to ome. Two #a*s later the otar* u"li notari@e# the will in his

law oDe where all si%natories to the will a&nowle#%e# that the testator si%ne# the will in the

presene of the witnesses an# that the latter themselves si%ne# the will in the presene of the testator

an# of one another. $as the will vali#l* notari@e#(

A. o sine it was not notari@e# on the oasion when the si%natories aDxe# their si%natures on the

will.

). $es, since the Notary +ublic has to be present only when the signatories acknowledged

the acts reuired of them in relation to the will.

C. es "ut the #efet in the mere notari@ation of the will is not fatal to its exeution.

,. o sine the notar* pu"li #i# not re!uire the si%natories to si%n their respetive attestations a%ain.

;. Geneio an# Ester live# as ommon6law spouses sine "oth have "een marrie# to other persons

from whom the* ha# "een separate# in fat for several *ears. ?ar#wor&in% an# "ri%ht eah earne#

inomes from their respetive professions an# enterprises. $hat is the nature of their inomes(

A. Con/u%al sine the* earne# the same while livin% as hus"an# an# wife.

). !eparate since their property relations with their legal spouses are still subsisting.

C. Co6ownership sine the* a%ree# to wor& for their mutual "ene:t.

,. Communal sine the* earne# the same as ommon6law spouses.

=. $hat is the presriptive perio# for :lin% an ation for revoation of a #onation "ase# on ats of

in%ratitu#e of the #onee(

A. - *ears from the perfetion of the #onation.

). 3 year from the perfection of the donation.


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C. *ears from the perfetion of the #onation.

,. Suh ation #oes not presri"e.

. Before Naren marrie# Narl she inherite# - million from her #eease# mother whih amount she

"rou%ht into the marria%e. She later use# part of the mone* to "u* a new Mere#es Ben@ in her name

whih Naren an# her hus"an# use# as a famil* ar. )s the ar a on/u%al or Naren4s exlusive propert*(

A. )t is on/u%al propert* sine the spouses use it as a famil* ar.

B. )t is Naren4s exlusive propert* sine it is in her name.

C. )t is on/u%al propert* havin% "een "ou%ht #urin% the marria%e.

D. 't is aren#s e-clusive property since she bought it with her own money.

100. Beause of

civil law mcqs

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