Philippines Civil Law Society | Set 7

1. If the homesteader sells the property before the lapse of the 5-year prohibition, what is the nature of the contract?

A. Voidable

B. Void by reason of public policy

C. Unenforceable

D. Rescissible

Correct : B. Void by reason of public policy

2. Of the enumeration below, which is not a remedy of the mortgagee in case the mortgagor dies?

A. File a claim against the estate;

B. Abandon the security and file a claim against the estate;

C. Foreclose the mortgage and ask for deficiency in the testate or intestate proceeding;

D. Rely exclusively upon the mortgage and foreclose the same.

Correct : A. File a claim against the estate;

3. A and B both Filipinos, are married. They bought a property but not covered by a title. They migrated to the USA and became American citizens. When they came back for vacation, they filed a petition for registration of the land. Will the petition prosper?

A. No, because they are now disqualified to own being aliens;

B. Yes, because it is just a confirmation of imperfect or incomplete title;

C. No, by reason public policy, that land in the Philippines is reserved for the Filipinos;

D. No, in fact the State can even file an escheat proceeding.

Correct : B. Yes, because it is just a confirmation of imperfect or incomplete title;

4. A is both a Chinese and a Japanese. While in Manila he died leaving properties in the Philippines. Before he died, he was a domicile of Japan. How should Philippine courts adjudicate the successional right to his estate?

A. In accordance with Chinese law because of the nationality theory;

B. In accordance with Japanese law because of the nationality theory;

C. In accordance with the domiciliary law;

D. In accordance with both laws considering that the Philippines is a third State.

Correct : C. In accordance with the domiciliary law;

5. A, an American citizen and a resident of Canada executed a will in Japan. Which among the following is not correct if the will is submitted to probate in the Philippines?

A. It may be made according to the formalities prescribed by American law;

B. It may be made according to the formalities prescribed by Canadian law;

C. It may be made according to the formalities prescribed by Japanese law;

D. It will not be made according to the formalities prescribed by Philippine law.

Correct : D. It will not be made according to the formalities prescribed by Philippine law.

6. In the problem above, may his estate located in the Philippines be distributed in conformity with the provision of the said will?

A. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Japanese law;

B. Yes, provided that the provisions conform to the order of succession and the amount of successional rights as regulated by the American law;

C. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Canadian law;

D. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Philippine law.

Correct : B. Yes, provided that the provisions conform to the order of succession and the amount of successional rights as regulated by the American law;