1. A executed a will consisting of ten pages. 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.
Correct : C. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitt
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?
Correct : C. No, because the will is vo
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.
Correct : C. No, attestation clause is not an act of the testator.
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and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.
Correct : C. The tearing of the will may amount to revocation if coupled with intent of revoking it.
5. What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best answer.
Correct : C. The right shall be transmitted to the heirs of the second heir.
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.
Correct : B. The nephews and nieces of the decedent survive and are willing and qualified.
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.
Correct : C. The surviving spouse shall inherit 1/3 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?
Correct : B. Yes, the right of accretion applies.
9. A repudiated his inheritance from his father. Can he be represented by his son, B?
Correct : B. No, because heirs who repudiate their share may not be represented.
10. If a compulsory heir is disinherited, is it limited to his legitime?
Correct : A. No, it also covers the free portion.
11. Rights to succession are transmitted:
Correct : C. On death of testator
12. What law shall determine the validity of a will?
Correct : B. The law at the time it is made
13. A holographic has no date except one found on the first page, is the will valid?
Correct : A. Yes, because the law does not specify the place where the date should be placed.
14. In case a holographic will is lost, can it still be probated?
Correct : A. No, because the best and only evidence of the handwriting is the will itself.
15. Disposition captatoria means that the heir shall make provisions in his will:
Correct : B. In favor of testator or any other person
16. Preterition or omission of one, some, or all the compulsory heirs, 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:
Correct : C. Annul the institution of heirs
17. After the probate of a will, may a case for forgery be filed against an instituted heir?
Correct : A. No, because the probate of the will is an evidence of its due execution and authenticity.
18. When an injury or damage is caused to another, there being fault or negligence and there is no pre-existing contractual relation between the parties, the source of the obligation is:
Correct : D. Quasi-delicts
19. 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.
Correct : A. he gave notice to the bailor before he incurred the expense.
20. What are the objectives of Probate proceedings?
Correct : B. Probate seeks to determine whether the will is formally valid.
21. The borrower in a contract of loan or mutuum must pay interest to the lender.
Correct : A. if there is an agreement in writing to that effect.
22. 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:
Correct : B. Propositus
23. A has a son B and the latter adopted C. B predeceased his father. Can C represent B in the inheritance of A?
Correct : C. No, there is no blood relationship between A and C.
24. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After X’s death and the probate of his will, are the conveyed properties subject to collation for determination of the heirs’ legitime?
Correct : B. No, because there was no gratuitous conveyance.
25. Can a criminal convicted of a crime which carries civil interdiction execute his will?
Correct : C. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
26. Spouses M and N executed two (2) separate wills containing the same provisions. After their death, their compulsory heirs filed a petition for joint probate of their wills. One of the voluntary heirs objected because joint probate is invalid. Is the objection tenable?
Correct : D. No, because practicable considerations dictate the joint probate of the wills.
27. X was disinherited by his father Y. In the probate of Y’s will, can the children of X represent their disinherited father?
Correct : B. Yes, representation is allowed in case of disinheritance.
28. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse.
Correct : A. 1/3
29. A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. Will this action prosper?
Correct : A. No, the probate of the will is an evidence of the due execution of the will.
30. In reserve troncal the relatives within third degree coming from the same line inherit from:
Correct : A. Descendant propositus
31. The renunciation or repudiation of inheritance shall take effect:
Correct : D. Date of death of testator
32. Disposition Captatoria is void because the heir makes a disposition in his will in favor of:
Correct : B. testator
33. May the alluvial deposits be lost by prescription in favor of another? Choose the best answer.
Correct : A. No, because there is registration by fiction of law.
34. The northeastern portion of the land of X is bounded by the Manila bay. If there is accretion formed, who owns the accretion? Choose the best answer.
Correct : B. The accretion belongs to the state.
35. Which of the following is not a characteristic of a co-ownership?
Correct : D. The co-ownership has juridical personality.
36. The following are modes of extinguishing usufruct except,
Correct : D. Bad use of the thing in usufruct.
37. X,Y, and Z are co-owners of a real property which was mortgaged to A. X redeemed it during the period of redemption with his personal funds. Did X become the sole owner of the property, thereby terminating the co-ownership?
Correct : C. No, because the redemption inured to the benefit of all co-owners.
38. The following are the classes of possession except.
Correct : C. Possession in good faith or bad faith.
39. The following are the requisites of the easement of right of way, except.
Correct : D. That if there is outlet, it is not convenient to the dominant estate.
40. The following are disqualified to donate to each other, except.
Correct : D. Those obliged to support one another.
41. The following are the remedies against private nuisance, except.
Correct : B. A prosecution under the penal code or any local ordinance.
42. The nature of action in Quieting of Title is in personam.
Correct : B. No, because the decision is enforceable against the whole world.
43. Minerals are still owned by the state even if discovered from a private land.
Correct : B. Yes, because the constitution so provides.
44. The owner and the tenant are in both possession of the land subject of the lease contract.
Correct : D. No, either of them.
45. Negative easement may be acquired by prescription through notarial prohibition.
Correct : C. Yes, because it is provided for by law.
46. In case of roots of a neighboring tree intruded to the state of another, the neighboring owner has the right to cut it off.
Correct : B. Yes, because he owns the roots that intruded at his property.
47. Which statement is correct?
1. 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.
2. Natural, industrial and civil fruits belong to the owner.
Correct : A. Both statements are correct.
48. It is a process whereby the current of a river, creek, or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. Such process is known as:
Correct : B. Avulsion
49. Which provision of the Condominium Act (RA 4796) is correct?
1. A condominium corporation shall not, during its existence, sell, exchange, 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.
2. Whenever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for purposes of real property taxation and other tax purposes, to the owners thereof and tax on each such condominium shall constitute a lien solely thereon.
Correct : A. Provision 1 is correct, 2 is incorrect.
50. In like manner, Bad Faith is not presumed. Why?
Correct : D. Yes, because it should be proven in court.
51. In land registration cases, the government is always represented by whom?
Correct : B. By the Office of the Solicitor General.
52. Accession is not a mode of acquiring ownership?
Correct : B. No, it is considered as acquisition by law.
53. A Torrens Title is not a protection in alluvium?
Correct : C. Yes, because the soil added cannot be identifi
54. A possessor in bad faith of a land is entitled for reimbursement as a matter of right?
Correct : D. Yes, but only to necessary expenses.
55. In land registration cases, the court may acquire jurisdiction only after:
Correct : D. Upon publication.
56. In the contract of usufruct, the owner of the property is being called the naked owner. Why?
Correct : D. Because he was divested of his two (2) major rights.
57. In formation of an island, the owner of the nearest margin/distance is the owner of the new island?
Correct : D. Only if the river is non-floatable or non-navigable.
58. Easement is always a real right.
Correct : C. Yes, because it is enforceable against the wor
59. Registration of the Register of Deeds is a mode of acquiring ownership.
Correct : C. No, it is only for the protection of ownership rights.
60. May a local ordinance extinguish a legal easement?
Correct : C. No, because a local ordinance should not be repugnant to law.
61. A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right.
Correct : B. Yes, from the time he fully paid the purchase price.
62. The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into his own hands.
Correct : A. Yes, under special circumstance only.
63. The nature of action in Quieting of Title is in personam.
Correct : D. Yes, because the decision is enforceable only against the litigating parties.
64. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself?
Correct : D. Yes, because the owner lost only physical possession.
65. Reproduction of books by Xerox or photocopying is a violation of the Copyright Law?
Correct : D. Yes, because it deprives the author of his royalties.
66. Donation is both an act and a contract.
Correct : C. Yes, because it is a gratuitous contract.
67. Donation of the same thing to two or more persons shall be governed by the rule on double sale?
Correct : C. Yes, because both acts transfer ownership.
68. All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).
Correct : A. Yes, because it is the intent and spirit of the law.
69. Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was preparing for the bar examinations, Miguel, a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court, thus, preventing him from taking the examinations unless he marries Liza. As a consequence of the threat, Noel married Liza. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code?
Correct : C. No, because the threat made by Miguel is just and legal.
70. Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. By virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. The said contract of sale was executed before the vice consul of the Philippines in Singapore. Under the laws of Singapore, the sale of a real property by an agent without a special power of attorney is valid. 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. If you were the judge, which of the following courses of action should you take?
Correct : C. Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are execut
71. Wendy, single, bought a parcel of land in Dagupan City from Amante for P600,000.00. A contract was executed between them which already vested upon Wendy full ownership of the property, although payable in monthly installments for a period of 4 years. One year after the execution of the contract, Wendy got married to Lorenzo. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. Thereafter, subsequent installments were paid from the conjugal partnership funds. Is the land conjugal or paraphernal?
Correct : B. The land is paraphernal because ownership thereof was acquired before the marriage.
72. Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling. Charina, on the other hand fell in love with David and they decided to live together as husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin died in an accident. Free at last, Charina and David decided to get married on February 14, 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2) years later, Charina died living a considerable amount of properties. Noreen, assisted by her grandparents, filed a petition questioning the validity of her marriage to David. If you were the judge, how will you decide on the petition?
Correct : D. Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid.
73. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Hence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their conjugal partnership, and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire properties through his own efforts. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo?
Correct : A. Yes, because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry.
74. Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter accepted in a private instrument. After 6 months of pregnancy, the fetus was born and baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the P200,000.00. Is Jessie entitled to recover the money he donated?
Correct : C. Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality.
75. Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen last March 8, 1992 with a valid marriage license. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. The U.S. embassy claims that such marriage is void from the beginning. Is the contention of the U.S. embassy tenable?
Correct : D. No, because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage, thus it will not affect the validity of the marriage.
76. Glenda, a Filipino citizen and John Riel, an Australian citizen, got married in the consular office of the Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular official is valid, provided that such marriage is celebrated in accordance with the laws of such consular official. What is the status of the marriage of Glenda and John Riel?
Correct : A. Void, because the consular official has no authority to solemnize the marriage.
77. The doctrine of “Self-Help” is an exemption that a person should not take the law intro his own hands.
Correct : A. Yes, under special circumstances.
78. Excited over their impending marriage, the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. The marriage is:
Correct : C. valid there being only an irregularity in the marriage license.
79. Filipinos are governed by their national law with respect to the following matters, except:
Correct : C. personal property
80. Separation of property between spouses during the marriage may take place only:
Correct : C. upon order of the court.
81. For civil purposes, a fetus may be considered born if:
Correct : B. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery.
82. The husband may impugn the legitimacy of his child but not on the ground that:
Correct : A. the wife is suspected of infidelity.
83. In legal separation:
Correct : C. the spouses will be entitled to live separately upon the start of the trial.
84. Three years after marriage, wife learned that husband is afflicted with STD. Apparently, he has been afflicted even before the marriage but concealed such fact. An action for annulment may be filed by the wife.
Correct : C. within five years upon knowledge of the S
85. On March 3, 1995, wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27, 1996. The legitimacy of the child may be impugned by:
Correct : A. his parents
86. Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment.
Correct : A. the incapacity must be proven to be existing at the time of the celebration of the marriage.
87. Excessive donation inter vivos may be revoked or reduced after the death of the donor.
Correct : B. No, because it took effect while the donor is still alive.
88. A husband by chance discovered hidden treasures on the paraphernal property of his wife, who owns the discovered treasure.
Correct : C. One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property.
89. Action for rescission on the account of lesion will prescribe within ---
Correct : D. answer not given
90. Which one is more burdensome, easement or usufruct?
Correct : A. Usufruct because the usufructuary has possession and fruits of the property
91. Are growing crops real property?
Correct : C. No, for the purpose of commercial law
92. A, donated a parcel of land to the unborn child of H and W, is the donation valid?
Correct : C. Yes, provided the child be born alive or to live for at least 24 hours under certain conditions
93. Mr. J constructed a basketball court at the middle of the street, may Mr. J be charged criminally in court?
.
Correct : C. Yes, provided that the basketball court be declared first as a public nuisance
94. Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. B. After ten years branches of the mango tree encroached the air space of B. Mr. X is the owner of the encroaching branches because…
Correct : D. All of the above
95. Which among the properties of the states that could be the subject of prescription in favor of a private person?
Correct : A. agricultural land
96. Which among the churches listed below is owned by the Roman Catholic Church?
Correct : A. Quiapo Church constructed after 1898
97. Which among the group of things listed below could not be considered as a property?
Correct : B. res communes
98. Patrimonial Property of the State refers to
Correct : B. those no longer intended for public good and public welfare
99. 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
Correct : B. Environmental Impact Statement (EIS)
100. Which of the following marriages is void for reasons of public policy?