Quiznetik

Philippines Civil Law Society | Set 3

1. Santos owes Maria P5 million. The debt is secured by a mortgaged on the house of Santos. No. 1 - If before the due date, the security is lost through no one’s fault, Maria can declare the debt due and demandable even before the original maturity date. No. 2 - If the house was burned up to 25% its value through the fault of Santos, the debt may be declared due by Maria even before the original maturity date but she cannot do so if the impairment was without the fault of Santos.

A. Both are correct.

B. No. 1 is correct; No. 2 is wrong.

C. No. 1 is wrong; No. 2 is correct.

D. Both are wrong.

Correct : A. Both are correct.

2. Alonzo offered to sell to Bernardo a parcel of land at a specified price. Alonzo gave Bernardo (60) days within which to accept the offer. Bernardo agreed to the period.

A. Before the lapse of sixty days, Alonzo may withdraw the offer or increase the price.

B. Before the lapse of sixty days no withdrawal can be made but the price may be increased.

C. No withdrawal can be made before sixty days because the period is binding.

D. No withdrawal can be made because there is already a perfected option contract.

Correct : A. Before the lapse of sixty days, Alonzo may withdraw the offer or increase the price.

3. Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-up truck, or a van, all of which are specific. No. 1 - If the car and the pick-up truck were lost through Jose’s fault, he has no choice but to deliver the van; If the van was lost through a fortuitous event before delivery, the obligation is extinguished and Jose is not liable. No. 2 - If the pick-up truck and the car were lost through a fortuitous event, Jose has no choice but to deliver the van; if before delivery, the van was lost because of Jose’s fault, he is liable.

A. Both Nos. are true.

B. No. 1 is false; No. 2 is true.

C. Both Nos. are false.

D. No. 2 is true; No. 1 is false.

Correct : A. Both Nos. are true.

4. In case of losses, the industrial partner shall,

A. Share in the losses in any event.

B. Shall share in the losses only if there is a stipulation.

C. Shall not share in the losses even if he contributes capital.

D. Shall not share in the losses except if he contributes capital also.

Correct : D. Shall not share in the losses except if he contributes capital also.

5. Every contract of partnership having a capital of three thousand pesos or more, in money or property, shall appear in a public instrument, which must be recorded in the Office of the Securities and Exchange commission. Failure to comply with this requirement;

A. Renders the contract of partnership void.

B. Renders the contract of partnership unenforceable.

C. Affects the liability of the partnership to third persons and the partnership has no legal personality.

D. Does not affect the liability of the partnership to third persons and the partnership still has a legal personality.

Correct : D. Does not affect the liability of the partnership to third persons and the partnership still has a legal personality.

6. A and B are partners in A & B Partnership. A owns two parcels of land which he contributed to the partnership. B owns six trucks which he contributed to the partnership. The profits of the land and the trucks were also included as contributions. The properties contributed are all what A and B own. The partnership is:

A. Universal

B. Universal partnership of all present property

C. Universal partnership of all profits

D. Particular partnership

Correct : B. Universal partnership of all present property

7. X, Y, and Z are partners in XYZ Partnership, Ltd. Y as limited partner. After five years of operations, the partnership incurred debts in favor of third persons totaling P5 million. The total partnership assets is P3 million. Who among the partners shall be liable with their separate property in favor of creditors?

A. X and Z for P1.5 million each because they are general partners

B. X, Y and Z for P1 million each

C. X, Y, and Z depending upon their capital contribution.

D. none

Correct : C. X, Y, and Z depending upon their capital contribution.

8. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles?

A. Mr. P may initiate a criminal action against Allied Bus Lines.

B. Mr. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only.

C. Mr. P may initiate a criminal action only against the driver of the bus.

D. Mr. P may initiate a civil action for damages on a quasi-delict theory against the driver of the bus.

Correct : D. Mr. P may initiate a civil action for damages on a quasi-delict theory against the driver of the bus.

9. Which of the following is correct?

A. The debtor always loses the right to make use of the period whenever he becomes insolvent.

B. The right to rescind a contract in a reciprocal obligation must always be stipulated,

C. In a contract to sell, the seller retains ownership of the thing sold until the condition of full payment is fulfill

Correct : C. In a contract to sell, the seller retains ownership of the thing sold until the condition of full payment is fulfill

10. Which of the following is correct?

A. A rescissible contract arises whenever the debtor defrauds the debtor.

B. Fraud is always a ground for annulment of a contract.

C. In a pledge, the thing pledged may be in the custody of a third person.

D. Services may be the object of a contract of sale.

Correct : C. In a pledge, the thing pledged may be in the custody of a third person.

11. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles?

A. Mr. P may initiate a criminal action against Allied Bus Lines.

B. Mr. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only.

C. Mr. P may initiate a criminal action only against the driver of the bus.

D. Mr. P may initiate civil action for damages on a quasi-delict theory against the driver of the bus.

Correct : C. Mr. P may initiate a criminal action only against the driver of the bus.

12. What is the legal concept of possession?

A. The holding of a thing or the enjoyment of a right

B. It is material occupation or by the fact that the right or property is subjected to the will of the claimant

C. The gathering of the products and the act of planting on the land

D. All of the above

Correct : D. All of the above

13. Can it be argued that the Martial Law has the effect of tolling the prescriptive period for the annulment of avoidable contract?

A. Yes, it has the effect of a force majeure, as such it suspends the running of the prescriptive period

B. No, it cannot be argued that Martial Law has the effect of a force majeure which in turn works to suspend the running of the prescriptive period

C. Yes, as long as the calling of the same was valid and constitutional

D. None of the above

Correct : B. No, it cannot be argued that Martial Law has the effect of a force majeure which in turn works to suspend the running of the prescriptive period

14. Which is not an element of Novation?

A. The new obligation is laid down in unequivocal terms

B. The new and the old obligations must be on every point incompatible with the other

C. Each of the obligations must have its independent existence

D. If they are compatible, the new obligation novates the first

Correct : D. If they are compatible, the new obligation novates the first

15. Nik sold to Paul a real property payable in monthly installments within a 5 year period, Paul was only able to pay 14 monthly installments, after the 60 day grace period and after 30 days of Paul’s receipt of the notice and letter calling for the rescission of the contract Nik rescinded the same. Paul contended that there was an automatic rescission done by Nik, hence, the same was void. Give the best answer.

A. The rescission done by Nik was in faithful compliance with the Maceda Law, as the grace period and the sending of notices was complied before rescission

B. The rescission done by Nik was void as it fell short on compliance with the law, as the notices sent by the latter would not suffice the requirement of a notarial act.

C. Paul has a right to demand payment for damages caused by the automatic rescission done by Nik, the same being void under RA6552

D. Answer not given

Correct : B. The rescission done by Nik was void as it fell short on compliance with the law, as the notices sent by the latter would not suffice the requirement of a notarial act.

16. Under a contract of guaranty, may the benefit of excussion be waived?

A. Yes, a person may waive the benefit of excussion especially when the contract states that his liability shall be direct and immediate without any need to take steps to exhaust legal remedy

B. No, the benefit of excussion cannot be waived; it is expressly provided that the creditor must first exhaust all the properties of the debtor. The benefit of excussion serves to protect the guarantor from unscrupulous debtors

C. Yes, the benefit of excussion may be waived provided the person owning such benefit, has sufficient properties to cover the debt

D. No, it may not be waived by reason of public policy and commercial convenience

Correct : A. Yes, a person may waive the benefit of excussion especially when the contract states that his liability shall be direct and immediate without any need to take steps to exhaust legal remedy

17. May a mortgagor’s liability on labor claims be transferred to the mortgagee-creditor?

A. Yes, after the mortgagee-creditor had foreclosed the assets of the mortgagor-debtor, the labor liability claims are deemed transferred to the latter.

B. No, the responsibility for the liabilities by the mortgagor towards his employees cannot be transferred via an auction sale to a purchaser who is also the mortgagee-creditor of the foreclosed assets.

C. No, the mortgage constitutes a lien on the determinative properties of the employer-debtor, because it is specially preferred credit to which worker’s monetary claims is deemed subordinate

D. “B’ and “C” only

Correct : D. “B’ and “C” only

18. Which of the following is not a form of an equitable mortgage?

A. The consideration has been proven to be unusually inadequate

B. The supposed vendor has remained in the possession of the property even after the execution of the instrument

C. The alleged seller has continued to pay the estate taxes on the property

D. The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them

Correct : D. The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them

19. Article 1157 at the Civil Code enumerates the different sources of obligation. This enumeration is exclusive.

A. True

B. False

C. None of the above

D. all

Correct : B. False

20. A court is empowered to ignore an unreasonable contract for attorney’s compensation although it is not shown to be contrary to morality or public policy.

A. True

B. False

C. None of the above

D. all

Correct : A. True

21. A part can recover damages incurred during the period of negotiation, even if the contract is not finally perfected as long as there was a definite offer made by the other party who, without any valid reason, withdrew from the negotiations.

A. True

B. False

C. None of the above

D. all

Correct : A. True

22. A contract is binding between the parties notwithstanding the absence of a law that governs it, as long as it is not contrary to morals, good customs, public policy, or public order.

A. True

B. False

C. None of the above

D. all

Correct : A. True

23. An obligation to pay can arise from certain lawful, voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person.

A. True

B. False

C. None of the above

D. all

Correct : B. False

24. The guardian of an imbecile shall be civilly liable as principal for the crime committed by the imbecile alone.

A. True

B. False

C. None of the above

D. all

Correct : A. True

25. The service of the subsidiary imprisonment of an insolvent offender shall extinguish his civil liability.

A. True

B. False

C. None of the above

D. all

Correct : A. True

26. The rule that once a criminal action is filed the civil action is suspended is absolute.

A. True

B. False

C. None of the above

D. all

Correct : B. False

27. When “A” promises to deliver to “B” one of his present antique ears, he is confined to deliver only any of the antique cars that presently belong to him.

A. True

B. False

C. None of the above

D. all

Correct : A. True

28. When “A” promises to deliver to “B” any car, he has the obligation to preserve his car with due car.

A. True

B. False

C. None of the above

D. all

Correct : B. False

29. The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.

A. True

B. False

C. None of the above

D. all

Correct : B. False

30. In an obligation to do or to render service, the oblique may impose personal force or coercion to compel the obligor to comply with his obligation.

A. True

B. False

C. None of the above

D. all

Correct : B. False

31. There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due.

A. True

B. False

C. None of the above

D. all

Correct : B. False

32. A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.

A. True

B. False

C. None of the above

D. all

Correct : A. True

33. A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void.

A. True

B. False

C. None of the above

D. all

Correct : A. True

34. The diligence of a good father of the family is the fixed degree or standard of care required in circumstances.

A. True

B. False

C. None of the above

D. all

Correct : B. False

35. The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.

A. True

B. False

C. None of the above

D. all

Correct : B. False

36. The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse.

A. True

B. False

C. None of the above

D. all

Correct : B. False

37. An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation.

A. True

B. False

C. None of the above

D. all

Correct : B. False

38. An obligation where the period of payment is subject to the will of the debtor or obligor is void.

A. True

B. False

C. None of the above

D. all

Correct : A. True

39. The court can fix the period when the obligation is subject to the sole will of the debtor.

A. True

B. False

C. None of the above

D. all

Correct : B. False

40. An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition.

A. True

B. False

C. None of the above

D. all

Correct : A. True

41. If an injured party in a contract has demanded rescission, he later may ask for performance. However, of he seeks performance, he can no longer seek for rescission of the contract.

A. True

B. False

C. None of the above

D. all

Correct : B. False

42. The court may fix the period of payment when the duration depends upon the will of the debtor like in: “When my means permit me to do so”, or “as soon as possible”, or “as soon as I have money”

A. True

B. False

C. None of the above

D. all

Correct : A. True

43. A debtor shall lose every right to make use of the period when he attempts to abscond.

A. True

B. False

C. None of the above

D. all

Correct : A. True

44. In facultative obligations, only one thing is due but the debtor has reserved the right to substitute it with another. Consequently, the loss of the substitute extinguishes the obligation.

A. True

B. False

C. None of the above

D. all

Correct : A. True

45. When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations.

A. True

B. False

C. None of the above

D. all

Correct : B. False

46. A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties.

A. True

B. False

C. None of the above

D. all

Correct : B. False

47. When do laws take effect?

A. Upon approval by the President;

B. After 15 days following the publication in the Official Gazette or in a newspaper of general circulation;

C. After 15 days following its posting in the website of Congress considering the advances in science and technology;

D. After 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation and furnishing the UP Law Center with a copy unless it is otherwise provided.

Correct : D. After 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation and furnishing the UP Law Center with a copy unless it is otherwise provided.

48. In 1986, A, a married woman file a petition for adoption of C which was granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of the Family Code requiring that the husband and wife must jointly adopt and the retroactive provision of the Family Code under Article 256. How do you think the court will decide?

A. It will grant the petition because the law is mandatory with the use of the word “must”;

B. It will grant the petition because of the retroactivity of the law;

C. It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)

D. It will deny the petition because of the doctrine of immutability of judgment.

Correct : C. It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)

49. The President of a foreign country came to visit the Philippines in cognito. While enjoying the beautiful beach in Pagudpud, Ilocos Norte, he as caught in flagrante delicto raping a young girl. If you were a police officer, what would you do?

A. I would arrest him because he is committing a crime;

B. I would arrest him because penal laws are binding upon all those who live or sojourn on Philippine territory;

C. I will not arrest him after identifying himself because of his immunity which is an accepted principle of international law. (Art. 14, NCC)

D. I will arrest him because nobody is above the law.

Correct : C. I will not arrest him after identifying himself because of his immunity which is an accepted principle of international law. (Art. 14, NCC)

50. A & B both Filipinos are married. While having vacation in Hawaii, A executed a will in accordance with USA law, where there is only one (1) witness. Is the will valid?

A. The will is void because it is not in accordance with Philippine law.

B. The will is valid because of the doctrine of lex loci celebrations.

C. The will cannot be admitted to probate because the same has yet to be probated abroa

Correct : B. The will is valid because of the doctrine of lex loci celebrations.

51. A was charged with the crime of murder. He was convicted. While in prison, he executed a donation in favor of B which was accepted by B in the same deed of donation. Is the donation valid?

A. Yes, because it was perfected by the acceptance of B;

B. Yes, if the donation is mortis causa;

C. No, if the donation is inter vivos;

D. Yes, regardless of its nature.

Correct : B. Yes, if the donation is mortis causa;

52. A and B entered into an exclusive dealership agreement over the product of A in the province of Tarlac. XYZ Corp. ordered such product from A, hence, he delivered the same at its office in Tarlac. B learned about the transaction hence, he sued A for damages. Is A liable?

A. A can be liable for breach of contract.

B. A can be liable for abuse of right.

C. A cannot be liable because he was exercising a right.

D. A is not liable, but instead, XYZ Corp. is liable for interference in contractual relationship.

Correct : B. A can be liable for abuse of right.

53. A & B are married with a son C. What happens to the relationship by affinity between B and X and Y, the parents of A after A’s death?

A. It is severed because of the death of A;

B. It remains because of the existence of C;

C. It remains even with the death of A irrespective of whether they have an offspring or not;

D. The death of A has no effect at all since B and X and Y are not related at all.

Correct : B. It remains because of the existence of C;

54. One of the terms and conditions of employment is that, if a dependent of an employee dies, the employee shall be entitled to bereavement benefits. A, an employee was pregnant but the fetus died. Is she entitled to bereavement benefits?

A. No, because the fetus was not yet born;

B. Yes, because the fetus became a dependent upon A from the moment of conception;

C. No, because the fetus has yet to be born inorder to die;

D. No, because the fetus has no personality yet.

Correct : B. Yes, because the fetus became a dependent upon A from the moment of conception;

55. A & B are Filipinos. They migrated to the USA where A embraced American citizenship. A obtained a divorce decree in the USA. Can B get married again?

A. No, because the marriage was not originally a mixed marriage.

B. Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.

C. Yes, because A can get married again under his national law.

D. Yes, because otherwise, it would be an injustice to B.

Correct : B. Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.

56. A, an American citizen married B, a Filipina in the Philippines. A obtained a decree of divorce against B capacitating him to remarry under USA law. Can B remarry?

A. B can get married right away after the decree has become final and executory.

B. B cannot get married because from the point of view of Philippine Law, he is still married.

C. B can get married provided that she goes to court and proves the decree of divorce as a fact according to the rules of evidence.

D. B can get married because the divorce decree being valid in the USA is valid in the Philippines to be fair to B.

Correct : C. B can get married provided that she goes to court and proves the decree of divorce as a fact according to the rules of evidence.

57. Cris and James got married with Pastor Carlito, a pastor of the Seventh Day Adventists as the solemnizing officer. Cris and James do not belong to the sect where the pastor belongs. Is their marriage valid?

A. Their marriage is void because one or both of the parties should belong to the sect where the solemnizing officer belongs;

B. Their marriage is valid because the infirmity is only on a formal requisite of marriage.

C. Their marriage is valid because it is immaterial whether they belong to the sect where the pastor belongs.

D. Their marriage is valid because the pastor is authorized to solemnize marriage of anyone.

Correct : B. Their marriage is valid because the infirmity is only on a formal requisite of marriage.

58. A and B both Filipinos are married, but at the time of the marriage, B was 16 years old. The marriage was celebrated in Hongkong and valid there as such. A wants to get married again and came to you for advice. Give your advice to A.

A. I would advice him to get married again, anyway, their marriage is void, hence, there is no need to have the marriage declared void;

B. I would advice him to file an action for declaration of nullity of their marriage before getting married;

C. I would advice him to seek for a certification from the Hongkong authorities that their marriage is void;

D. I would advice him to go to Hongkong and seek for declaration of nullity before a competent court and present it to the solemnizing officer.

Correct : B. I would advice him to file an action for declaration of nullity of their marriage before getting married;

59. A, a Russian citizen married B, a Filipina. A divorced B who came back to the Philippines and filed a petition for recognition of the foreign decree of divorce. It was recognized but the RTC of Manila found that A is not capacitated to remarry. Can B get married?

A. Yes, because the decree of divorce severed her marital relationship with A;

B. No, because despite the divorce, A’s national law does not give him the capacity to remarry;

C. Yes, to be fair to B;

D. Yes, because Philippine law cannot govern the capacity of a foreigner to remarry.

Correct : B. No, because despite the divorce, A’s national law does not give him the capacity to remarry;

60. A and B married. They acquired properties during the marriage worth P10M. Ten (10) years thereafter B filed an action for legal separation against A where he was pronounced the guilty spouse. The court divided the properties valued at P20M at the time of the legal separation, equally into two (2). Is the order of the court correct?

A. No, because A is not entitled to the fruits of their conjugal partnership;

B. Yes, because A’s disqualification is from a share of the fruits of the conjugal partnership;

C. No, because A should be penalized for his misdeeds and the disqualification to have a share of the conjugal properties is the penalty;

D. No, because the share should even be forfeited in favor of his family to maintain unity.

Correct : A. No, because A is not entitled to the fruits of their conjugal partnership;

61. A and B are married. B executed a will instituting A as an heir but A was pronounced the guilty spouse in an action for legal separation. What happens to the will after the decree of legal separation?

A. B can revoke it;

B. The will is revoked by implication of law;

C. The will remains valid and A can inherit if the will is admitted to probate;

D. The heirs can file an action to revoke the will.

Correct : B. The will is revoked by implication of law;

62. A and B were engaged to marry on April 3, 2012. They entered into a marriage settlement that they would be bound by the rule on co-ownership. Is the ante-nuptial agreement valid?

A. No, because they should be governed by the absolute community because it is void;

B. Yes, they can agree on any other property regime;

C. No, because they can only agree on the conjugal partnership of gains;

D. No, because they should agree on the complete separation of property regime.

Correct : B. Yes, they can agree on any other property regime;

63. Within what period should an action for legal separation on the ground of fraud be filed?

A. 5 years

B. 10 years

C. 4 years

D. imprescriptible

Correct : A. 5 years

64. A and B are married. B, the woman was pronounced the guilty spouse in an action for legal separation on the ground of attempt by one spouse against the life of the other. In favor of whom will the court award C’s custody, a 5-year old child?

A. A because he is the innocent spouse;

B. A because it is impossible to have a moral development of the child;

C. B because there is no man who can respond to the sorrows of a woman seeing a child of tender age being torn away from her;

D. A and B because of joint parental authority.

Correct : C. B because there is no man who can respond to the sorrows of a woman seeing a child of tender age being torn away from her;

65. A filed an action for legal separation against B. After the decree of legal separation was granted, A died. What will the court do after notice of death of A?

A. Dismiss the action for legal separation because it has become moot and academic;

B. Continue with the liquidation of the properties of the spouses;

C. Archive the case;

D. Issue an order directing the substitution of party.

Correct : B. Continue with the liquidation of the properties of the spouses;

66. What does physical incapacity to consummate marriage mean?

A. Refusal to have sex with the spouse;

B. Lack of power to copulate which is permanent in nature; (Impotence which appears to be incurable.)

C. The sexual organ is so small;

D. Sterility.

Correct : B. Lack of power to copulate which is permanent in nature; (Impotence which appears to be incurable.)

67. May a spouse donate to the other spouse during marriage?

A. Yes, because that is a right that one has, that is to dispose of his own property;

B. Yes, provided that it is a donation mortis causa;

C. No, because it is contrary to public policy and law as one might exert undue influence against the other;

D. Yes, provided that it is freely done and agreed upon/

Correct : C. No, because it is contrary to public policy and law as one might exert undue influence against the other;

68. What is the status of a child born out of artificial insemination?

A. Illegitimate because the husband is not the father of the child;

B. Legitimate provided that it was done with the consent or ratification of the spouses;

C. Legitimate provided there is consent, ratification by the husband and the birth is registered with the civil registry;

D. Legitimate if adopted by the spouses.

Correct : C. Legitimate provided there is consent, ratification by the husband and the birth is registered with the civil registry;

69. If an illegitimate child is recognized by the father, what is the extent of is hereditary right?

A. Equal with the legitimate;

B. ½ of the share of the legitimate;

C. No right at all unless there is a court order confirming his recognition;

D. No right because he is the product of sin.

Correct : B. ½ of the share of the legitimate;

70. A was born on January 1, 2000 as an illegitimate child of B. If he wants to ask for recognition, within what time should he file the action?

A. At anytime during his lifetime;

B. At anytime during the lifetime of B;

C. Imprescriptible;

D. Before reaching the age of majority.

Correct : B. At anytime during the lifetime of B;

71. A is the illegitimate son of B whom he recognized in his record of birth. After B’s death, a settlement of his estate was commenced by his legitimate heirs. Can A intervene inorder to have share of B’s estate?

A. No, because he is the product of sin;

B. Yes, provided that he files an action for recognition first;

C. Yes, by presenting the record of birth which is an evidence of recognition without need of filing an action of recognition;

D. No, otherwise, it would unduly prejudice the rights of the legitimates.

Correct : C. Yes, by presenting the record of birth which is an evidence of recognition without need of filing an action of recognition;

72. Who among those enumerated is not a beneficiary of a family home?

A. Spouses;

B. Parents of the spouses;

C. Children, legitimate or illegitimate;

D. Overseer.

Correct : D. Overseer.

73. A and B are married with a son C who is 19 years old and living in their company. A asked C to drive the family car on their way to their province in Ilocos Norte. The car met an accident resulting in the death of D, a pedestrian. Who may be liable for damages?

A. C is solely liable because he has already been emancipated hence, liable for all acts of civil life;

B. A and B because under the law, if a child is 18 and above but below the age of 21 and living in the company of the parents and performs acts or omission causing damage to another, the parents are liable;

C. A, B and C are solidarily liable;

D. A only because he is the head of the family.

Correct : B. A and B because under the law, if a child is 18 and above but below the age of 21 and living in the company of the parents and performs acts or omission causing damage to another, the parents are liable;

74. A and B are married. They are governed by the conjugal partnership of gains. A, the Executive Vice-President of ABC Corp. signed as a surety in a loan secured by the company from Metrobank for the rehabilitation of the company. As business was good after rehabilitation, A was given a house and lot, a brand new caw and raise in his salary. The company was sued due to its failure to pay the loan. Are the properties of A and B liable?

A. Yes, because the liability of the surety is primary and principal;

B. Yes, because the obligation contracted by A was done during the marriage;

C. No, because a surety undertaking did not at all redound to the benefit of the family;

D. Yes, because the obligation contracted by A redounded to the benefit of the family.

Correct : C. No, because a surety undertaking did not at all redound to the benefit of the family;

75. A and B are married. They have two (2) legitimate children. After A died, the heirs acquired properties from A’s estate. B got married to C, without liquidating their conjugal partnership. What property relationship governs them?

A. Absolute community of property regime if there is no marriage settlement;

B. Conjugal partnership if there is an agreement;

C. Absolute immunity of property regime if there is an agreement;

D. Mandatory complete separation of property regime.

Correct : D. Mandatory complete separation of property regime.

76. A and B are married, but separated in fact. While in the practice of her profession, B acquired properties. They are governed by the conjugal partnership of gains. Who is/are the owner/s of the properties?

A. B alone because of their separation;

B. The conjugal partnership;

C. B alone because they were governed by the complete separation of property regime when they separated in fact.

D. B alone as A did not contribute anything in the acquisition of the properties.

Correct : B. The conjugal partnership;

77. A and B lived together as husband and wife. A brought B to the hospital, and paid for the expenses in the birth of C. When the nurse asked B who was the father of the child, she mentioned the name of A but did not sign the record of birth of C. Can the record of birth be admissible in evidence as proof of filiation?

A. Yes, because of the acts of A, thus, he is estopped;

B. No, because otherwise it would be easy for a woman to vest legitimate status upon a child even if the latter is illegitimate;

C. Yes, to protect the status of the child;

D. Yes, to be fair to the child.

Correct : B. No, because otherwise it would be easy for a woman to vest legitimate status upon a child even if the latter is illegitimate;

78. A and B lived together as husband and wife, resulting in the birth of C. A recognized his son, C in the record of birth. What is the surname of C?

A. C must carry the surname of A;

B. C may carry the surname of A;

C. C can carry the surname of A;

D. C shall carry the surname of A.

Correct : B. C may carry the surname of A;

79. A and B both Filipinos are married. A was convicted of the crime of murder. They sought your advice whether they can adopt C, a relative by consanguinity of B. What is your advice?

A. They can adopt C, but must jointly adopt;

B. They cannot adopt C because A is disqualified because of conviction of a crime invoking moral turpitude;

C. Since A cannot adopt, B can adopt C alone;

D. They can jointly adopt C, but prove that it will redound to the best interest of C.

Correct : B. They cannot adopt C because A is disqualified because of conviction of a crime invoking moral turpitude;

80. A and B have ten (10) children but wallowing in poverty. C, a relative of A wants to adopt two (2) of their children so that the economic situation of the children will be assured. If you were the judge, how would you decide the petition?

A. I would grant the petition as it would be to the best interest of the children;

B. I would deny the petition because it is against the spirit of the law to consider financial constraint as the primary consideration in adoption;

C. I would grant the petition for as long as the parents give their consent;

D. I would grant the petition for as long as there is a favorable recommendation of the DSWD social worker.

Correct : B. I would deny the petition because it is against the spirit of the law to consider financial constraint as the primary consideration in adoption;

81. A has been using the name Pedro since birth although his record of birth shows that his name is Juan. He is now 25 years old and about to take the Bar Exams. How can he use the name Juan when he will take the Bar Exams?

A. He has to file a petition for change of name;

B. He can go to the Local Civil Registrar and file an administrative petition for change of name;

C. He can just use it with an affidavit that Pedro and Juan refer to one and the same person;

D. He cannot change his name because of lapse of time.

Correct : B. He can go to the Local Civil Registrar and file an administrative petition for change of name;

82. A, a 17-year old girl had a relationship with B, 25 years old. A child C, was born when A was only 17. When A reached 21 years, they got married. Can the child be legitimated?

A. With their marriage, the child C became legitimated. (RA 9585)

B. C cannot be legitimated because there was a legal impediment to marry at the time A conceived and gave birth to her/him.

C. C can acquire the status of legitimacy only by adoption of A and B.

D. C cannot be legitimated because he is not a natural child.

Correct : A. With their marriage, the child C became legitimated. (RA 9585)

83. X and Y are married. They were leasing a parcel of land in 2007; they constructed a house on the leased lot valued at P1M and resided thereon. While in business, they incurred liability from Z who sued them for failure to pay. Judgment was rendered and it became final and executory. Can the house be levied upon?

A. The house can be levied upon to answer for the obligation because it is not a family home.

B. The house is exempt from execution because it is a family home.

C. The house can be levied upon and sold, but the first P200,000.00 or P300,000.00 shall be given to X and Y.

D. The house can be sold after levy because X and Y did not file a motion to quash the levy contending that the house is a family home, hence, waived the right to invoke the exemption from levy.

Correct : A. The house can be levied upon to answer for the obligation because it is not a family home.

84. A and B are married. B filed an action for legal separation on the ground of sexual infidelity of A which was granted. Can A inherit from B?

A. Absolutely, No;

B. Yes, under the law of intestate succession;

C. Yes, under the law of testate succession;

D. No, because his act constitutes an ingratitude.

Correct : C. Yes, under the law of testate succession;

85. A and B are married. They have a daughter C who has a 5-year old child. C went to Hongkong to work for 2 years and left the child to the custody of X and Y who are not related to them. When A and B learned about the departure of their daughter, they demanded the surrender of the custody of their granddaughter, D to them, but X and Y refused, hence A and B sued X & Y for habeas corpus. When the order was served upon them, they produced the body of the child. The court dismissed the petition immediately. Is the dismissal correct?

A. The order of the court is correct because the petition for habeas corpus has become moot and academic.

B. The order of the court is not correct because it should have heard the case to determine if the best interest of the child would be served if custody remains with X & Y or will he transferred to A & B.

C. The order of the court is correct because in the order of preference, the grandparents are given preference by law.

D. The order of the court is correct because the mother has the right to choose the persons who will have custody of her child, looking into the best interest of the child.

Correct : B. The order of the court is not correct because it should have heard the case to determine if the best interest of the child would be served if custody remains with X & Y or will he transferred to A & B.

86. A & B, without the benefit of marriage lived together as husband and wife. They had no legal impediment to marry one another. A was engaged in business. B was at home taking care of their children and the household chores and helping A once in a while in the business but without any compensation. If the relationship ends, is B entitled to a share?

A. A & B are governed by the law on co-ownership that they are entitled to a share of 50-50 over the properties acquired during their coverture.

B. They are governed by a special form of co-ownership that even if she did not contribute materially to the acquisition of the properties, she is entitled to ½ because of the presumption of equal contribution.

C. B is not entitled to a share of the properties because she never contributed to the common fun

Correct : B. They are governed by a special form of co-ownership that even if she did not contribute materially to the acquisition of the properties, she is entitled to ½ because of the presumption of equal contribution.

87. A & B are married. They have a child C, who is in grade 3 at the West Central Elementary School, Dingras, Ilocos Norte. While inside the classroom, C, stabbed D with his pencil resulting in injuries. Is the teacher liable?

A. The teacher is not liable because the school is not a school of arts and trades.

B. The teacher is liable regardless of the nature of the school but can prove the diligence of a good father of a family.

C. The school, administrators and the teacher are solidarily liable for their negligence.

D. The parents are solidarily liable because of their failure to observe due diligence in the custody of their child, since the parents should be the first teachers of their children.

Correct : B. The teacher is liable regardless of the nature of the school but can prove the diligence of a good father of a family.

88. X & Y are married. They have a daughter who is 5 years old. They are living separately in fact. Y left the custody of her child to Z, her sister and went to live with S, a married man. S & Y wanted to get back the custody of Z. Will the action prosper?

A. Yes. They can because parental authority is inalienable.

B. Yes. They can because a child below the age of 7 cannot be separated from the mother.

C. No. They cannot because it would be impossible to have a moral development of Z under an immoral environment.

D. Yes. They can because in the line of preference of custody, Y has the right to have custody over her child.

Correct : C. No. They cannot because it would be impossible to have a moral development of Z under an immoral environment.

89. A & B, without the benefit of marriage lived together as husband and wife. They begot C. A, the father adopted C to elevate him to the status of legitimacy. What is the middle name of the child?

A. C has no middle name because there is no law on middle name.

B. C carries the surname of his biological mother because of customs and traditions of Filipinos.

C. C carries the surname of his biological mother inorder not to make it difficult for him to prove relationship to her when the issue of succession will arise.

D. C carries the middle name of his adopting father.

Correct : B. C carries the surname of his biological mother because of customs and traditions of Filipinos.

90. Jennifer was born an intersex and registered as a female. As she was growing up, there was no development of her female sexual organ and her breast. But there was more development of her male organ, hence, she filed a petition for correction of entries in her record of birth from female to male and to change her name from Jennifer to Johnny. Will the petition prosper?

A. The petition cannot be granted because corrections sought are material entries.

B. The petition can only be granted through an adversarial proceeding.

C. The petition can be granted because if a person was born an intersex, he/she can choose his/her sex when he/she reaches the age of majority because what he/she thinks and feels is what he/she is when she/he reaches the age of majority.

D. The petition to change her name cannot be granted because to change one’s name is a matter of privilege.

Correct : C. The petition can be granted because if a person was born an intersex, he/she can choose his/her sex when he/she reaches the age of majority because what he/she thinks and feels is what he/she is when she/he reaches the age of majority.

91. Which is not a proof of filiation?

A. Record of birth duly signed by the father.

B. Unprobated will which contains recognition of a child.

C. Baptismal certificate.

D. Revoked will containing recognition of a child.

Correct : C. Baptismal certificate.

92. A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?

A. A’s motion cannot be granted because the marriage is presumed to be valid until nullified.

B. The motion cannot be granted as it is not a prejudicial question.

C. The motion cannot be granted because A should have filed an action to declare the marriage void before getting married to C.

D. The motion will be denied because A cannot benefit out of his own wrongdoing.

Correct : B. The motion cannot be granted as it is not a prejudicial question.

93. A and B are married. They have properties including a family home. B predeceased her husband A. Before A died, he executed a will instituting his wife and children, C, D & E. The family home was willed unto C, hence, he is now claiming to be the exclusive owner of the house & lot. Is C correct?

A. The giving of the family home to C is correct because a will is an act whereby a person is given the right to control a certain degree the disposition of his estate to take effect after his death.

B. The act of A is not correct because the family home remains to be so as the symbol of love and unity of the family for 10 years after the death of A.

C. C acquired ownership over the family home because of the death of A, the testator.

D. A’s act is correct and the will will transmit absolute ownership to C after it shall have been probated.

Correct : B. The act of A is not correct because the family home remains to be so as the symbol of love and unity of the family for 10 years after the death of A.

94. A, a man & B, a woman, lived together as husband and wife without the benefit of marriage, resulting in the birth of C. A signed the record of birth of C. Who has a better right of custody over C?

A. B has a better right of custody, C being an illegitimate child.

B. A has a right to have custody because he recognized the child.

C. A has no right to have custody but he has to support C.

D. A & B can have joint custody over C considering that A recognized the child.

Correct : A. B has a better right of custody, C being an illegitimate child.

95. A & B are married. They have children, C & D. After A died, B gave birth to E. the children suspected that E is not the child of their father. Who can impugn the legitimacy of E?

A. C & D can impugn the legitimacy of E.

B. Only A can impugn the legitimacy of E.

C. X & Y, the parents of A can impugn the legitimacy of E.

D. C & D cannot impugn the legitimacy of E because it prescribed after A’s death.

Correct : A. C & D can impugn the legitimacy of E.

96. A & B are married. They have properties and they are governed by the conjugal partnership of gains. They negotiated for the sale of one (1) of their properties to C, but when the signing of the contract came, B did not consent to the sale. During the negotiation, they delivered the property to C. Is the sale valid?

A. The sale is valid because a contract is valid in whatever form it may be entered into.

B. The sale is void because it was done by A without the consent of B.

C. The sale is valid because the consent in the negotiation can be treated as consent in the perfection.

D. The sale is valid because the property has already been delivered to C.

Correct : B. The sale is void because it was done by A without the consent of B.

97. A & B are married. They have a daughter C who is only 5 years of age. B, without the consent of A went to the USA and worked as a nurse and left her daughter with her parents as A is a soldier who is always out of the conjugal dwelling. Can A recover the custody of his child?

A. A can recover custody of his daughter because parental authority is inalienable.

B. A cannot recover custody of his daughter because it may not be possible for him to attend to her needs.

C. The parents of B have a better right to take care of C considering that they are affluent and the best interest of the child is of utmost importance.

D. A cannot recover the custody of his child because the mother’s decision is binding as the child is below the age of 7.

Correct : A. A can recover custody of his daughter because parental authority is inalienable.

98. A & B lived together as husband and wife without the benefit of marriage. For a few months before his death, A was writing his autobiography and stated that he loved B so much and because of that, they decided to live together as husband and wife, but planned to marry. At the time he was writing his autobiography, B was pregnant and he stated in his autobiography that he was the father of the child inside the womb of B. He died without finishing it and failed to sign the same. Two (2) months thereafter, the child C, was born, hence, B sought to register the child under the name of A but the Local Civil Registrar refused, hence, she filed a suit for mandamus to compel the registrar to register the child under A’s name. She testified as narrated above; D, the father of A testified that during the lifetime of A he lived with B and she was pregnant at that time. E the brother of A likewise testified along the same line. Is the action of B correct?

A. The child cannot be registered under A’s name because the autobiography was not signed.

B. The child cannot be registered under A’s name otherwise, it would be easy for a woman to vest legitimate status upon a child even if he is illegitimate.

C. The child can be registered under A’s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E.

D. The child cannot be registered under A’s name because an unsigned document is not evidence of recognition.

Correct : C. The child can be registered under A’s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E.

99. A, a married man had amorous relationship with B, resulting in the birth of C. C’s existence is with the knowledge of his wife and children. In fact, A and his family were even supporting C who was welcomed in all family occasions. What is the meaning of the acts of A and his family?

A. The acts of A and his family are considered as acts of recognition.

B. The acts of A can be considered as proof of filiation without need of going to court.

C. The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts.

D. C cannot go to court to prove filiation considering that there is no documentary evidence showing recognition.

Correct : C. The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts.

100. Samson, the son of a wealthy family has always claimed that since childhood, he was not a boy. He played with the girls and did not mingle with the boys. After finishing his course at a university in the Philippines, he went to the US to take up his masteral and doctorate degrees. He consulted several doctors of the possibility of sex transmission from that of male to that of a female. The sex transmission was done in Thailand and which was certified as successful by a medical expert in Manila, hence, he claimed to be a woman. He filed a petition for correction of entry of his record of birth from male to female and his name from Samson to Delailah as he was marrying his fiancé. The lower court granted the petition. Is the order of the court correct?

A. The order is correct because it is the right to a person to choose his/her gender.

B. The order is correct because a person’s status can be changed thru the intervention of medical science due to the advances in science and technology.

C. The order is correct as there would be no adverse effects, but rather, it would redound to the benefit of Samson.

D. The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one’s name.

Correct : D. The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one’s name.