1. A & B are married with children C & D, but were living separately from one another. A got married to E and begot children, F & G. After his death, E, F & G filed a petition for settlement of his estate. B, C &D intervened to claim their share of the estate and contended that since F & G are illegitimate as the marriage of A & E is void, their share is only ½ of the share of the legitimates. Is the contention correct?
Correct : B. B, C & D can contest the validity of the marriage of A & E in the settlement of his estate as an exception to the rule due to the law on succession.
2. A & B are married. They put into writing an agreement that they would live separately where they can live with other partners. A went to live with C, his childhood sweetheart, hence, B filed an action for legal separation invoking as ground, sexual infidelity. Will the action prosper?
Correct : B. The action will not prosper because of the consent of B.
3. In the enumeration below, which is not a ground to dismiss an action for legal separation under the law?
Correct : D. Death.
4. A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper?
Correct : C. The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence.
5. A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage?
Correct : C. They can enter into a contract changing their property regime but must file a petition in court for its approval.
6. A & B are married but due to conflicts, A left the conjugal dwelling and went to live with C, one of his children. Despite B’s pleas, A refused to return to the conjugal dwelling. Can B file an action to compel A to return?
Correct : B. B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act.
7. A & B, lived together as husband and wife while A is legally married with children. They acquired properties in their coverture. After the death of A, where will his share go?
Correct : D. All the properties acquired in their coverture shall go to the conjugal partnership of his legally wedded relationship.
8. A & B are married. A became a member of the US Armed Forces but when he came back to the Philippines he found out that his wife was cohabiting with his brother. When he went back to the USA, he divorced B; then got married to C. He died and in the petition for settlement of his estate, B contended that she is entitled to inherit. Is B correct?
Correct : B. B is not correct because what governs the successional rights of A is his national law.
9. If homosexuality is concealed, it is a ground for:
Correct : A. Annulment of marriage;
10. If a person who has been declared psychologically incapacitated, can he get married again?
Correct : B. Yes, because the incapacity is merely partial.
11. A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who are liable?
Correct : A. The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident.
12. May the status of a child be the subject of a compromise or contract?
Correct : C. No, because of public policy as paternity and filiation must be judicially established;
13. How many years should a person be absent in order that he may be presumed dead including the opening of his succession?
Correct : B. 10
14. How much of their properties may the future spouses donate to one another?
Correct : C. 20%
15. Is the prohibition against the spouses donating to one another during the marriage absolute?
Correct : C. No, because they can give to one another gifts during the marriage within their capacity to purchase.
16. A and B had amorous relationship resulting in the birth of C. B filed a claim for temporary support of her unacknowledged child which she sought in an action for the issuance of temporary protection order against A. Is the remedy proper?
Correct : C. No, the remedy is to file an action for compulsory recognition to establish filiation;
17. The following are the characteristics of psychological incapacity, except:
Correct : B. Refusal to have sex;
18. Which of the following statements is correct?
Correct : C. A spouse who has a narcissistic personality disorder is suffering from psychological incapacity;
19. What is the remedy of a spouse if the other leaves the conjugal dwelling and refuses to return and lives with the parents?
Correct : D. No remedy in court because the act of living together is a mere voluntary act which cannot be compelled by any proceeding in court.
20. X and Y are married. They have a daughter Z. They are living in the house of Y’s parents, but left the house because of differences with his parents-in-law and his wife due to her refusal to leave the house. He was prevented from visiting his child and the latter was prevented from seeing her father? What is the remedy of X?
Correct : A. File a petition for habeas corpus;
21. A and B are married. A filed an action for declaration of nullity of their marriage on the ground of psychological incapacity. In its judgment, the court decreed that a final decree of nullity shall be issued only after there is partition, distribution of the properties in accordance with Article 147 of the Family Code.
Correct : B. The order is not correct because the rules in Article 147, F.C. apply only if the marriage is declared void on the ground of psychological incapacity;
22. A and B are married. A, with the use of fraud, sold a parcel of land belonging to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale void?
Correct : B. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10)
23. After the heirs of an 80-year old man who disappeared for more than 5 years partitioned his properties, he re-appeared. What happens to the partition?
Correct : C. He can recover his properties in the condition in which it may be found and the price of any property that may have been alienate
24. A and B got married which is not correct in the following statements,
Correct : A. B must carry the surname of A;
25. What is the requirement if the husband and wife would like to adopt?
Correct : B. They shall adopt jointly;
26. What is the required age difference between the adopter and the adopted?
Correct : C. 16 years;
27. A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?
Correct : C. Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369)
28. Of the following statements, which is not correct?
Correct : D. Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest.
29. X has a daughter Y. She left for Italy to look for a job and worked there for 10 years but continued to support Y who was left under the custody of A and B. They filed a petition for adoption but did not present evidence of consent of X contending that Y has been abandoned by X. How do you think the court will decide?
Correct : C. It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad;
30. Which of the following is not correct in relation to an adopted child?
Correct : C. He has the right of representation;
31. A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned.
Correct : B. X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC)
32. A borrowed money from B. As security for the payment of the loan, he executed a chattel mortgage on the building erected on his land and the machinery stored therein. For failure to pay the loan, he was sued and a judgment was rendered against him, where the building and the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff?
Correct : B. Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0;
33. A leased a parcel of land to B. Without A’s consent, B constructed a warehouse. What is the nature of the warehouse?
Correct : C. It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (CA) 48 O.G. 4374)
34. A leased a parcel of land from B. With B’s consent, A put up a manufacturing business on the property and attached a machinery. What is the nature of the machinery?
Correct : C. The machinery can be considered immovable if there is a provision in the contract of lease that the same will become B’s property when the contract will expire.
35. The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot belonging to Mr. P for non-payment of tax. A was the highest bidder. P was not able to redeem his property, hence, a title was issued in favor of A. He filed a motion for the issuance of a writ of possession over the house and lot. What is the right of Mr. P?
Correct : B. A has to pay the value of the house of P considering that when he moved for a writ of possession over the lot and the house, he appropriated P’s house.
36. Which of the following instances treats a building/structure as an immovable property?
Correct : A. A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built.
37. Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process?
Correct : D. Avulsion
38. River beds which are abandoned through the natural change in the course of the water belong to whom?
Correct : A. Owners whose land are occupied by the new course in proportion to the area lost.
39. A is a squatter on the land of B and constructed a house. When sued for forcible entry, he asked for reimbursement from B for the improvements. Is A correct?
Correct : C. Yes, but only for the expenses in the preservation of the land; (Art. 449, NCC)
40. A, B & C are the co-owners of a parcel of land. A constructed his house at the middle of the property, such that, when they partitioned it, his house was found to be intruding into the share of B. What is the right of B?
Correct : D. Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement.
41. A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision property being developed by XYZ Corporation. He did not know the exact location of the lot, hence, he consulted the developer who pointed to a lot, hence, he constructed his house. It turned out that it was another lot covered by TCT No. 124. Is A a builder in good faith?
Correct : B. A is a builder in good faith because, not being an expert he relied on the representation of the developer.
42. What are the rights of a builder in bad faith?
Correct : C. The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building.
43. A owns a house and lot which is made of concrete materials. A then sold it to B for purposes of demolition. How do you classify the house?
Correct : D. It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials.
44. X leased real property situated in Malate, Manila which is owned by A. During the period of lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate the premises but not appropriate the improvement. Is X entitled to reimbursement of the improvements?
Correct : C. No, because he can remove the improvements.
45. X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y’s taxicab. Who owns the celphone?
Correct : D. Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication.
46. By hidden treasure is understood, for legal purposes, any hidden and unknown deposit except:
Correct : D. Mineral deposits
47. To whom does hidden treasure which is discovered belong?
Correct : A. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
48. A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A’s land which proved positive. With A’s consent, B extracted the hidden treasure. Is B entitled to 1/2?
Correct : C. Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it;
49. Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ½?
Correct : C. Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser;
50. A & B entered into a contract of sale over A’s car for P500,000.00. A has to register the car first before payment and delivery. After the registration of the car, A called up B that the car was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay before delivery. B was able to convince the driver to leave the car at his garage and will just deposit the amount with A’s account for fear that the driver might be the subject of a hold-up. Instead of depositing the amount, he sold the car to C. Can A recover the car from C?
Correct : B. A can recover the car from C because he was unlawfully deprived.
51. A ordered books from Rex Publishing worth P1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books?
Correct : C. Rex Publishing can file an action for sum of money against A, or file criminal cases for violation of BP22 and Art. 315, RPC.
52. A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D’s act valid and what is the remedy of the brothers?
Correct : C. Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed;
53. A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of 90 square meters. A sued B and C for partition. How do you thing the court will decide?
Correct : C. It will dismiss because the land is so small that to divide it will render it useless for the purpose it is intended;
54. In the question above, where D refuses to agree, what would be your advice to A, B and C?
Correct : C. I would advice them to file an action for partition;
55. In the question above, A, B and C agreed to use the amount of P100M left by their parents for the development of the land. D disagreed. Is D’s act correct?
Correct : C. Yes, because the expenditure is not a mere act of administration but an act of dominion which needs the consent of all;
56. A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the property. Is the partition valid?
Correct : D. The contract is valid and enforceable because in matters of realty, the Statute of Frauds governs only conveyances and leases and partition is not a lease; it is not a conveyance but merely segregation of a property.
57. A, B & C are the co-owners of a parcel of land. They leased it to D. For failure to pay the rents, A alone sued D. Will the action prosper?
Correct : C. The action will prosper because anyone of the co-owners may sue for ejectment.
58. What is the status of the sale of the whole property by one co-owner?
Correct : B. Valid sale only as to the share of the seller co-owner.
59. Which of the following is false with regard to the prescription on action to quiet title?
Correct : C. Whether the plaintiff is in possession or not, the action to quiet title will prescribe.
60. What should a co-owner do inorder that he can recover expenses in the alteration of co-ownership?
Correct : B. Secure a unanimous consent of the co-owners.
61. The following are some of the characteristics of a co-ownership except one:
Correct : B. Co-ownership has judicial personality.
62. Within what period should the owner of a property subject of avulsion recover the lost property?
Correct : A. 2 years
63. A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same.
Correct : C. B and C may redeem the property only to the extent of their respective shares.
64. A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the whole property without the consent of B and C. Is the sale valid?
Correct : A. Yes, it is valid, because the right of alienation is one of his rights over the ideal shares in the co-ownership.
65. Which of the following is a characteristic of a co-ownership?
Correct : C. A co-owner is in a sense a trustee for the other co-owner.
66. Which of the following is not a ground for extinguishment of a usufruct?
Correct : B. Bad use of the thing in usufruct.
67. In taking care of the thing in usufruct, what degree of diligence is required?
Correct : A. Good father of a family
68. In 2001, A granted a usufruct over his building to B until February 23, 2011 when C, the son of B would have reached the age of 25. C died at the age of 23 in 2009. What happened to the usufruct?
Correct : C. The usufruct subsists because a usufruct granted for the time that may elapse before a third person reaches a certain age shall subsist for a number of years specified even if the third person should die unless there is a stipulation to the contrary (Art. 606, NCC)
69. A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct?
Correct : D. Both B and C.
70. A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct?
Correct : C. B is wrong because an easement of right of way cannot be acquired by prescription as while it is apparent it is not however not continuous.
71. A is the owner of a parcel of land, which is a part of a subdivision property being developed by XYZ Corporation. His lot is adjacent to the road belonging to ABC Corporation hence, he used to pass through the road going to the national highway. In 2009, ABC Corporation constructed a fence on its property, thus closing the road. Can A demand the reopening of the road?
Correct : C. A cannot demand for the reopening of the road because there is an adequate road of the subdivision belonging to XYZ Corporation.
72. What is the test in determining whether a person may demand an easement of right of way?
Correct : D. Total inadequacy.
73. A donated a property to B, but the property is surrounded by A’s property. What is the right of B?
Correct : B. Ask A for right of way with indemnity.
74. In the establishment of an easement of right of way which is likened to the exercise of the power of eminent domain, the owner can validly contend that the compensation due the owner should be computed based on the
Correct : D. Value of the land and the amount of damage caused to the servient estate.
75. A & B had an agreement for A to use B’s property as a right of way. Five (5) years later, an adequate outlet was opened to a highway near A’s property, hence, B filed an action to cancel the encumbrance of voluntary easement of right of way. The RTC granted. The CA may rule that:
Correct : B. the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties.
76. When is donation deemed perfected?
Correct : B. When the donor comes to know of the acceptance of the donation by the donee;
77. The deed of donation by A in favor of B states: “Donation Inter Vivos” but there is a provision that although the land donated shall be delivered to the donee immediately upon perfection of the same with right to enjoy the fruits of the land, it will pass to the donee after the death of the donor. After the donor’s death, the heirs sought to recover the property. Will the action prosper?
Correct : C. Yes, because the donation is a donation mortis causa hence, it has to comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC)
78. A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A became insane and still insane when he received the notice of acceptance of the donation. He died without recovering his sanity. Is the donation valid?
Correct : D. No, Article 737 declares that the donor’s capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation.
79. State the nature of this donation: “I hereby donate to X “mortis causa” a 1000 square meter lot worth P10M subject to the condition that this donation shall be deemed revoked if he fails to build a house on the land worth P1M within one (1) year from date hereof and delivery shall be made after my death.”
Correct : C. Donation inter vivos that is conditional, the designation not controlling and that the conditions indicate that it is inter vivos;
80. “I hereby donate to A” a parcel of land subject to the condition that he will support me for the rest of my life, shoulder my hospitalization and burial expenses.” What is the nature of the donation?
Correct : C. Onerous donation inter vivos; (the obligation to defray the support, etc. indicates that such obligation is the consideration for the donation and vice versa. The properties donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata, 46 Phil. 668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC)
81. A donated a house and lot to B orally. Since then, B has been in possession for a period of 30 years declaring the same for taxation purposes. Is the donation valid?
Correct : C. No, the donation is void because it was not put into a public instrument.
82. A executed a deed of donation to the DECS subject to the condition that it be devoted for educational purposes. The DECS did not accept it in the same instrument or in an authentic writing but took possession of the property and constructed a school building. Twenty (20) years thereafter, it executed a deed of exchange with B for a bigger property. Can A revoke the donation?
Correct : B. A cannot ask for reconveyance because there was acceptance thru DECS possession and compliance with the condition.
83. May a person sell that which he does not own?
Correct : C. Yes, provided that he is the owner at the time of the delivery;
84. May a person donate that which he does not own?
Correct : C. No, because he cannot confer ownership of something he does not own;
85. May an oral donation propter nuptias be the basis of a title?
Correct : C. Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459);
86. A executed a deed of donation in favor of B who accepted it. It however states that the donation will take effect upon A’s death and B cannot alienate, but it further states that B can register the deed and obtain a title. What is the nature of the donation?
Correct : C. Inter vivos;
87. A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the sale valid?
Correct : C. No, because of the absence of automatic revocation clause;
88. What is the status of a conditional donation if the condition imposed is unlawful?
Correct : B. Donation is valid but the condition is considered as not imposed.
89. What kind of donation requires compliance with the elements of a valid will?
Correct : A. Donations mortis causa
90. What is the effect if there is an illegal and impossible condition in a simple donation?
Correct : C. The donation is valid because the illegal or impossible condition is simply considered as not impose
91. Is a swimming pool an attractive nuisance?
Correct : B. Yes, if there are instruments and implements that make it different from an ordinary body of water.
92. A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide?
Correct : C. It may grant the probate and consider it a holographic will
93. The following are the questions which a probate court can determine, except:
Correct : C. Question of validity and nature of contracts
94. Of the enumeration below, which is not a limitation of fideicommissary substitution?
Correct : D. The substitution must be made expressly (Art. 865).
95. In the will of Doña A, one of the beneficiaries is the wife of the minister who rendered aid to the testator during the latter’s illness. Is she qualified?
Correct : C. Yes, because the law extends the disqualification of priests and ministers of the gospel to their relatives within the fourth degree as well as the church, order chapter, community or institution to which they may belong. (Art. 1027(2);
96. A left a gross estate of P600,000.00 and debts amounting to P60,000.00. He was survived by his wife, three (3) legitimate children, and acknowledged illegitimate child and an unacknowledged adulterous child. How will you divide the estate?
Correct : B. I will distribute it by giving ½ to the legitimates; same share as one of the legitimates to the widow; the illegitimates will get ½ of the share of each of the legitimates;
97. The following can be considered as the rationale behind reserva troncal, except:
Correct : D. To show solidarity of the family.
98. In relation to reserva troncal, the following statements are correct, except:
Correct : D. The reservista can execute a will to dispose of the property subject of reserve to his own relatives.
99. A executed a last will and testament instituting his parents, brothers and sisters. He did not institute his wife. Is the will valid is he did not institute his wife?
Correct : B. The will is valid because the wife is not an heir in direct line, hence there is no preterition.
100. One of the four (4) witnesses in the will of A is the notary public. Is the will valid?
Correct : A. The will is valid because the signature of the notary public is a mere surplusage.