University of Cebu
College of Law
UCLASS Bar Operations
Civil Law Society
CIVIL LAW
MULTIPLE CHOICE
QUESTIONS
2012
by:
Rey Cris Panugaling
Marian Jane Alumbro
Richel Carreon
James Luego
Leonardo Escorido Jr
Stephanie Tan
Ruth Restauro
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References: Law Textbooks, Codes, Reviewers, Notes, Compilations, Articles and Internet Sources
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Civil Law Multiple Choice Questions
University of Cebu College of Law
UCLASS Bar Operations: Civil Law Society
d.
Multiple Choice Questions
CIVIL REVIEW I
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.
a.
b.
c.
d.
The testator and the instrumental witnesses
must sign.
The defect is fatal if there is failure to have the
original signatures.
If there was mere inadvertence of one of the
true witnesses or even the testator, the will
must be admitted.
The will should not be admitted.
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?
a.
b.
c.
d.
Yes, because the will is valid.
Yes, because the testator is capacitated.
No, because the will is void.
No, because the will is not in accordance with
law.
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.
a.
b.
c.
d.
Yes, because it is fatal defect.
Yes, the will is not valid.
No, attestation clause is not an act of the
testator.
No, attestation clause is not a part of a will.
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the will was revoked or not.
a.
b.
c.
d.
The mere act of A is immaterial
The tearing of the will may amount to revocation
The tearing of the will may amount to revocation
if coupled with intent of revoking it.
The act of tearing the will is material.
5. What is the effect if the second heir dies ahead of the
first heir in a fideicommisary substitution? Choose the
best answer.
a.
b.
c.
No, transmission of right from the first heir to
the second.
No right of representation
The right shall be transmitted to the heirs of the
second heir.
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None of the above.
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.
a.
b.
c.
d.
The
The
and
The
The
uncles and aunts shall inherit the property
nephews and nieces of the decedent survive
are willing and qualified.
uncles and nephews shall inherit together.
aunts and nieces shall inherit together.
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.
a.
b.
c.
d.
The surviving spouse
hereditary estate.
The surviving spouse
estate.
The surviving spouse
estate.
The surviving spouse
estate.
shall inherit the whole
shall inherit ½ of the
shall inherit 1/3 of the
shall inherit ¾ of the
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?
a.
b.
c.
d.
Yes, A may renounced his inheritance from his
father.
Yes, the right of accretion applies.
No, because the renunciation is void.
No, because the renunciation is not in writing.
9. A repudiated his inheritance from his father. Can he
be represented by his son, B?
a.
b.
c.
d.
Yes, repudiation do not affect right of
representation.
No, because heirs who repudiate their share
may not be represented.
Yes, because the act of repudiation is contrary
to public policy.
None of the above.
10. If a compulsory heir is disinherited, is it limited to his
legitime?
a.
b.
c.
d.
No, it also covers the free portion.
Yes, it is limited only to his legitime.
Disinheritance affect only the free portion but
not the legitime
None of the above.
11. Rights to succession are transmitted:
a.
b.
c.
d.
On
On
On
On
date of last will and testament
probate of will
death of testator
date of death of surviving heir
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12. What law shall determine the validity of a will?
a.
b.
c.
d.
The
The
The
The
national law of testator
law at the time it is made
law at the time of probate of the will
law at the time of death of the testator
c.
d.
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.
13. A holographic has no date except one found on the
first page, is the will valid?
a.
b.
c.
d.
Yes, because the law does not specify the place
where the date should be placed.
No, because the date should be after the
signature of the testator.
No, because it did not follow the requirements of
law.
Yes, because the intention of the testator must
be respected.
a. he gave notice to the bailor before he incurred
the expense.
b. if the extraordinary expense arose out of the
c.
d.
b.
c.
d.
a. Probate proceedings seek to establish the identity
a.
b.
c.
d.
In
In
In
In
favor
favor
favor
favor
of
of
of
of
Make the will voidable
Make the will void
Annul the institution of heirs
Make the will unenforceable
17. After the probate of a will, may a case for forgery be
filed against an instituted heir?
a.
b.
c.
d.
No, because the probate of the will is an
evidence of its due execution and authenticity.
No, because the probate of the will is a justifying
circumstance.
Yes, because a forgery is a criminal action.
Yes, because this is a statutory right.
18. When an injury or damage is caused to another,
there being fault or negligence and there is no preexisting contractual relation between the parties, the
source of the obligation is:
a.
b.
c.
d.
e.
Law
Contracts
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of the will, its genuineness and due execution,
and the testamentary capacity of the testator.
Probate seeks to determine whether the will is
formally valid.
Probate seeks to determine whether the will is
intrinsically valid.
Both b and c are correct.
Both a and b are correct.
21. The borrower in a contract of loan or mutuum must
pay interest to the lender.
another heir
testator or any other person
the state
a legatee
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:
a.
b.
c.
d.
b.
No, because the best and only evidence of the
handwriting is the will itself.
No, the probate court has no jurisdiction.
No, because the testator is still living.
Yes, because secondary evidence may be
presented.
15. Disposition captatoria means that the heir shall make
provisions in his will:
actual use of the thing.
if the bailee was negligent in the use of the
thing borrowed.
even if the cause of the expense was the fault
of a third person.
20. What are the objectives of Probate proceedings?
14. In case a holographic will is lost, can it still be
probated?
a.
Quasi-contracts
Quasi-delicts
a.
b.
c.
d.
22.
if there is an agreement in writing to that effect.
as a matter of course.
if the amount borrowed is very large.
if the lender so demands at the maturity date.
Disinheritance is the process or act through
testamentary disposition of depriving in a will any
compulsory heir of his legitime for true and lawful
causes. The requisites are:
a.
b.
c.
d.
Must be a valid will with legal, true and existing
cause expressly stated.
Must be total and complete and said cause
stated in the will.
The disinherited heir must be clearly identified
and the will is not revoked.
All of the above.
23. What crimes committed by a convict will disqualify
him as an instrumental witness to a will?
a.
b.
c.
d.
Falsification of public document.
Perjury and false testimony.
Slander by deed.
a and b
24. 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:
a.
Origin
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b.
c.
d.
25.
d.
b.
c.
d.
No, because X is no longer the owner of the
conveyed properties.
No,
because
there
was
no
gratuitous
conveyance.
Yes, because the heirs are already the owners of
the conveyed properties.
Yes, they are considered advanced legitime.
Can a criminal convicted of a crime which carries
civil interdiction execute his will?
a.
b.
c.
d.
28.
Yes, he is a compulsory heir.
Yes, he is the legal representative.
No, there is no blood relationship between A and
C.
No, he is a voluntary heir.
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?
a.
27.
Propositus
Reservista
Reservatorios
30.
A has a son B and the latter adopted C.
B
predeceased his father. Can C represent B in the
inheritance of A?
a.
b.
c.
26.
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Yes, it is his statutory right.
No, it is an accessory penalty.
Yes, it only prohibits disposition of property inter
vivos, not mortis causa.
No, it is inconsistent with public policy.
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?
a.
b.
c.
d.
Yes, joint wills are not allowed in the Civil Code.
Yes, because the wills have different voluntary
heirs.
No, because M and N are spouses.
No, because practicable considerations dictate
the joint probate of the wills.
29. X was disinherited by his father Y. In the probate of
Y’s will, can the children of X represent their
disinherited father?
a.
b.
c.
d.
No, the disinheritance affects the heirs of the
disinherited person.
Yes, representation is allowed in case of
disinheritance.
Yes, substitution of the disinherited person is
allowed.
No. Representation is not allowed by law.
State the share in the estate of the testator of
illegitimate children who survive with the surviving
spouse.
a.
b.
c.
d.
31.
A complaint of forgery was filed against instituted
heir after the allowance of probate of the testator’s
will. Will this action prosper?
a.
b.
c.
d.
No, the probate of the will is an evidence of the
due execution of the will.
No, the probate is a justifying circumstance.
Yes, forgery is a criminal action.
Yes, this is a statutory right.
32. In reserve troncal the relatives within third degree
coming from the same line inherit from:
a.
b.
c.
d.
Descendant propositus
Reservista
Origin
Testator
33. The renunciation or repudiation of inheritance shall
take effect:
a.
b.
c.
d.
34.
a.
b.
c.
d.
35.
Date
Date
Date
Date
of
of
of
of
repudiation or renunciation
will
allowance of will
death of testator
Disposition Captatoria is void because the heir
makes a disposition in his will in favor of:
another heir
testator
the State
a legatee or devisee
May the alluvial deposits be lost by prescription in
favor of another? Choose the best answer.
a.
b.
c.
d.
No, because there is registration by fiction of
law.
No, because it is covered by a Torrens title.
Yes, because it is not covered by a Torrens title.
Yes
36. 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.
a.
b.
c.
d.
The riparian owner.
The accretion belongs to the state.
The owner of the contiguous land.
Belongs to the land adjoining it.
37. Which of the following is not a characteristic of a coownership?
a.
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1/3
¼
1/8
½
There must be more than one subject or owner.
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b.
c.
d.
38.
There is one physical whole divided into ideal
shares.
Each share is definite in amount, but is not
physically segregated from the first.
The co-ownership has juridical personality.
The following are modes of extinguishing usufruct
except,
a.
b.
c.
d.
39.
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b.
c.
d.
Yes, because his redemption vest in him sole
ownership.
Yes, because the funds belong to him alone.
No, because the redemption inured to the
benefit of all co-owners.
No, because Y and Z did not consent to the
redemption.
40. The following are the classes of possession except.
a.
b.
c.
d.
Possession in one’s name or possession in the
name of another.
Possession in the concept of an owner or
possession in the concept of a holder.
Possession in good faith or bad faith.
Possession with just title.
41. The following are the requisites of the easement of
right of way, except.
a.
b.
c.
d.
42.
b.
c.
d.
43.
The property is surrounded by other estate.
There must be no adequate outlet to a public
highway.
There must be indemnity.
That if there is outlet, it is not convenient to the
dominant estate.
The following are disqualified to donate to each
other, except.
a.
Those guilty of adultery or concubinage at the
time of the donation.
Those found guilty of the same criminal offense
in consideration thereof.
Those made to public officers or their spouses,
descendants, or ascendants, by reason of their
office.
Those obliged to support one another.
The following are the remedies against private
nuisance, except.
a.
c.
d.
44.
A civil action
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b.
c.
d.
e.
45.
A prosecution under the penal code or any local
ordinance.
Abatement without judicial proceedings.
None of the above.
The nature of action in Quieting of Title is in
personam.
a.
Expiration of the period for which it was
constituted.
Merger of the usufruct and ownership in the
same person.
Total loss of the thing.
Bad use of the thing in usufruct.
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?
a.
b.
No, it is always a real action since the subject is
real property.
No, because the decision is enforceable against
the whole world.
Yes, provided the subject is personal property.
Yes, because the decision is enforceable only
against the defeated party.
None of the above.
Minerals are still owned by the state even if
discovered from a private land.
a.
b.
c.
d.
e.
Yes, provided the land is not titled.
Yes, because the constitution so provides.
No, if the land is titled to a private person.
No, it will violate property and property rights.
None of the above.
46. The owner and the tenant are in both possession of
the land subject of the lease contract.
a.
b.
c.
d.
e.
No, only the tenant, because he is in actual
possession of the land.
No, only the owner, because the other is just a
mere tenant.
Yes, but of different concept.
No, either of them.
Yes, as general rule.
47. Negative easement may be acquired by prescription
through notarial prohibition.
a.
b.
c.
d.
e.
No, because it is non-apparent.
Yes,
because
notarial
prohibition
makes
apparent what is non-apparent.
Yes, because it is provided for by law.
Yes, only after 10 years from service of notarial
prohibition.
None of the above.
48. In case of roots of a neighboring tree intruded to the
state of another, the neighboring owner has the right
to cut it off.
a.
b.
c.
d.
e.
Yes, only after his demand for the cutting is
ignored.
Yes, because he owns the roots that intruded at
his property.
No, without permission from the owner of the
tree.
Yes, only after 10 years of prescription.
No, as a general rule.
49. Which statement is correct?
1. Accession is the right of an owner of a property to
everything which is produced thereby or which is
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incorporated or attached thereto either naturally or
artificially.
2. Natural, industrial and civil fruits belong to the owner.
a.
b.
c.
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.
Provision 1 is correct, 2 is incorrect.
Both provisions are incorrect.
Both provisions are correct.
Provision 1 is incorrect, 2 is correct.
52. May a real property be classified validly as personal
property?
a.
b.
c.
d.
e.
a.
b.
c.
d.
e.
a.
b.
c.
d.
e.
58.
c.
d.
e.
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No, because a land covered by Torrens Title is
not subject to prescription.
No, for economic reason.
Yes, because the soil added cannot be identified.
No, because the property is titled.
Yes, if the river is navigable or floatable only.
Yes, but only to useful expenses.
No to all kind of expenses, because he is in bad
faith.
Yes, but only to luxury expenses.
Yes, but only to necessary expenses.
Yes, by agreement with the parties.
59. Illegal condition/consideration will result to nullity of
the contract of donation?
a.
b.
c.
d.
e.
60.
b.
c.
d.
e.
61.
Yes, because the contract shall be contrary to
law.
Yes, but if the condition/consideration had been
fulfilled already.
No, if the condition/consideration had not been
fulfilled yet.
No, because it will violate the constitutional
rights of the parties.
B and C are correct
In land registration cases, the court may acquire
jurisdiction only after:
a.
54. In like manner, Bad Faith is not presumed. Why?
a. Yes, because bad faith is personal.
b. Yes, because bad faith could be inherited.
c. Yes, because ignorance of the law excuses no
one.
d. Yes, because it should be proven in court.
e. A and D are correct.
Yes, because it was not one of the seven (7)
modes of acquiring ownership.
No, it is considered as acquisition by law.
No, because it is neither alluvium nor avulsion.
Yes, in accordance with our customs.
Yes, as a general rule only.
A possessor in bad faith of a land is entitled for
reimbursement as a matter of right?
a.
b.
Yes provided it will not prejudice third person/s.
Yes by special provision of our laws.
Yes by agreement between the parties.
No. A real property is always a real property.
A, B & C are all correct.
Because of express provision of our law/s.
Because it is the right thing to do.
No, you have to prove it by extrinsic evidence..
No, it is to be proven beyond reasonable doubt.
A and B are correct.
the Office of the City Prosecutor.
the Office of the Solicitor General.
a private counsel hired for that matter.
the Register of Deeds.
the Bureau of Land.
57. A Torrens Title is not a protection in alluvium?
53. Under our law Good Faith is presumed, why?
a.
b.
c.
d.
e.
By
By
By
By
By
56. Accession is not a mode of acquiring ownership?
Alluvion
Avulsion
Adjunction
Commixtion
51. Which provision of the Condominium Act (RA 4796)
is correct?
a.
b.
c.
d.
a.
b.
c.
d.
e.
Both statements are correct.
Statement 1 is correct; statement 2 is incorrect.
Statement 1 is correct; statement 2 is correct.
50. 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:
a.
b.
c.
d.
55. In land registration cases, the government is always
represented by whom?
Service
of
summons
to
respondents/defendants.
After trial of the case.
Upon filing of the petition/complaint.
Upon publication.
Upon
filing
of
the
answer
by
respondent/defendants.
the
the
In the contract of usufruct, the owner of the
property is being called the naked owner. Why?
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a.
b.
c.
d.
e.
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Because the owner lost possession of the
property.
Only if the subject is real property.
Because of the agreement of the parties.
Because he was divested of his two (2) major
rights.
Because it is a good name.
62. In formation of an island, the owner of the nearest
margin/distance is the owner of the new island?
a.
b.
c.
d.
e.
63.
Because of the principle that accessory follows
the principal.
Because of the express provision of laws.
Only if the river is floatable or navigable.
Only if the river is non-floatable or nonnavigable.
Only if there is a dries-up river bed.
In perpendicular co-ownership, each floor owners
must bear expenses pertaining to his own floor?
a.
b.
c.
d.
e.
No,
all
the
co-owners
must
proportionately.
No, it is covered by Condominium Law.
Yes, because his ownership is identified.
Yes, as expressly provided for by law.
C and D are correct.
share
b.
c.
d.
e.
68. A condominium buyer is entitled to the issuance of
the Condominium Certificate of Title as a matter of
right.
a.
b.
c.
d.
e.
b.
c.
d.
e.
Yes, if the easement is for use of another real
property.
No, if the easement is for use of person only.
Yes, because it is enforceable against the world.
No, because it is a property use limitation.
Yes, in the case of contractual easement only.
65. A nuisance is one of the most serious hindrance to
the enjoyment of life and property.
a.
b.
c.
d.
e.
66.
Yes, because it injures or endanger our health
and safety.
Yes, because it annoys or offends our senses.
Yes, because it shocks, defies or disregards
decency or morality.
Yes, because it hinders or impairs the use of
property.
All are correct.
Registration of the Register of Deeds is a mode of
acquiring ownership.
a.
b.
c.
d.
e.
Yes as provided for by P.D. 1529.
Yes as provided for by the New Civil Code.
No, it is only for the protection of ownership
rights.
Yes, because if you failed to register it, you may
lost it by prescription.
None of the above.
67. May a local ordinance extinguish a legal easement?
a.
Yes, because it is a recent law.
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Yes, from the time he signed the Contract of
Sale.
Yes, from the time he fully paid the purchase
price.
Yes, from the time of the delivery of the condo
unit.
Yes, provided it is stated at the Master Deeds.
All of the above.
69. The doctrine of “Hot Pursuit” is an exemption to that
a person should not take the law into his own hands.
a.
b.
c.
64. Easement is always a real right.
a.
Yes, if the local ordinance expressly provided the
same.
No, because a local ordinance should not be
repugnant to law.
No, because the local ordinance is not valid for
being contrary to law.
C and D are both correct
d.
e.
70.
Yes, under special circumstance only.
No, because everybody should be law abiding
citizen.
No, because ignorance of the law excuses no
one.
No, because the rule allows no exemption.
All of the above.
The nature of action in Quieting of Title is in
personam.
a.
b.
c.
d.
e.
No, because the subject of the case is always a
real property.
No, because the decision in the case is
enforceable against the whole world.
Yes, provided the subject is a personal property.
Yes, because the decision is enforceable only
against the litigating parties.
None of the above.
71. Under Intellectual Property Code, to be covered by
the law, it is required that you register your business
in the Philippines.
a.
b.
c.
d.
e.
Yes, because registration will give you such
protection.
No, because the law is design to protect
registered and non-registered owner.
No, because the law is design to protect world
wide piracy of products.
Yes, because registration will give jurisdiction to
our court.
B and C are correct.
72. Finder of lost movable property is guilty of the crime
of theft if he keeps the thing to himself?
a.
b.
c.
No, because there is no force upon person.
Yes, if there is force upon thing.
Yes, like in prescription.
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d.
e.
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Yes, because the owner lost only physical
possession.
No, because there is no more owner to speak
with.
73. Reproduction of books by Xerox or photocopying is a
violation of the Copyright Law?
a.
b.
c.
d.
e.
No, it is being tolerated anyway.
No, because there is no law that prohibits it.
No, because it is economical.
Yes, because it deprives the author of his
royalties.
Yes, because the operator of the Xerox Machine
does not pay his income tax.
74. Donation is both an act and a contract.
a.
b.
c.
d.
e.
No, because it is an act of man only.
No, because there is no exchange of value.
Yes, because it is a gratuitous contract.
No, because it is not part of Obligation and
Contract of New Civil Code.
None of the above.
75. Donation of the same thing to two or more persons
shall be governed by the rule on double sale?
a.
b.
c.
d.
e.
No, because they are of different contracts.
No, because they are covered by different
chapters of the New Civil Code.
Yes, because both acts transfer ownership.
No, because in donation there is no exchange of
value.
No, because in sale there is exchange of values.
76. All installment buyers of real estate are protected by
R.A. 6552 (Maceda Law).
a.
b.
c.
d.
e.
Yes, because it is the intent and spirit of the law.
No, only those who had paid at least 2 years of
installment and defaulted later.
No, they have to apply for it first at HLURB to be
covered.
Yes, provided it will not violate their contract.
No, it is applicable only to buyer in installment
of appliances.
77. 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?
a.
b.
c.
Yes, because without the threat, Noel would not
marry Liza.
Yes, because the threat, to enforce the claim of
Liza, vitiates the consent of Noel in contracting
the marriage.
No, because the threat made by Miguel is just
and legal.
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d.
78.
No, because Miguel is not a party to the contract
of marriage between Liza and Noel.
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?
a.
b.
c.
d.
Dismiss 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
executed.
Dismiss the action for annulment on the ground
that the property subject of the case is located
in Singapore, thus, the law of Singapore shall
govern.
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
executed.
Grant the action for annulment on the ground
that Shantung Company did not authorized
Magdalene to sell the property.
79. 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?
a.
b.
c.
d.
The land is conjugal because the installments
were paid from the conjugal partnership funds.
The land is paraphernal because ownership
thereof was acquired before the marriage.
The land is both conjugal and paraphernal
because the installments were paid from both
the personal funds of Wendy and the conjugal
partnership funds.
The land is paraphernal because it was Wendy
who purchased the same.
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80.
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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?
a.
b.
c.
d.
Dismiss the petition on the ground that Noreen
has no personality to question the validity of the
marriage of her mother to David.
Grant the petition on the ground that he
ascertained the qualifications of the contracting
parties and found no legal impediment to the
marriage.
Dismiss the petition on the ground that the
marriage is valid because Charina and David
lived together as husband and wife for more
than 5 years and their marriage took place after
the death of Marvin, the husband of Charina,
thus, no need to secure a marriage license.
Grant the petition on the ground that the
marriage is void ab anitio, as the ratification of
their marital cohabitation is not valid.
81. 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?
a.
b.
c.
Yes, because the properties of Reynaldo are
conjugal as they were obtained through his
efforts and industry.
Yes, because the parties are still legally married
to each other when the creditors obtained a
favorable judgment against Ana.
No, because the properties of Reynaldo are his
exclusive properties as they were obtained
through his own efforts and industries.
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d.
82.
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?
a.
b.
c.
d.
83.
No, because there was an agreement between
the parties to voluntarily dissolved their conjugal
partnership.
No, because the donation is valid as Laura
already accepted the same
No, because when Casey died, Laura, as Casey’s
heir, inherited the money donated by Jessie.
Yes, because the donation never produced any
legal effect as Casey, the supposed donee,
never acquired civil personality.
Yes, because the donation is void as the
acceptance was not made in a public instrument,
thus producing no legal effect.
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?
a.
b.
c.
d.
Yes, because the law provides that when either
or both of the contracting parties are citizens of
a foreign country, it shall be necessary for them,
before a marriage license can be obtained, to
submit a certificate of legal capacity to contract
marriage, issued by their respective diplomatic
or consular officials.
Yes, because the marriage license was
wrongfully obtained by the parties, thereby
invalidating the marriage.
No, because the U.S. embassy later on issued a
certificate of legal capacity to contract marriage,
thus, during the defect in the issuance of the
marriage license.
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.
84. 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?
a.
Void, because the consular official has
authority to solemnize the marriage.
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Civil Law Multiple Choice Questions
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b.
c.
d.
85.
Valid, because according to the laws of
Australia, such consular official has authority to
celebrate the marriage.
Voidable, because there is an irregularity in the
authority of the consular official to solemnize
marriages.
Valid, because such marriage is recognized as
valid in the place where it was celebrated.
The doctrine of “Self-Help” is an exemption that a
person should not take the law intro his own hands.
a.
b.
c.
d.
e.
86.
UCLASS Bar Operations: Civil Law Society
Yes, under special circumstances.
No, because everybody should be law abiding
citizen.
No, because ignorance of the law excuses no
one.
No, because the rule allows no exemption.
All of the above.
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:
a. valid there being a marriage license validly
obtained by the parties.
b. voidable there being a defect in the formal
c.
d.
e.
87.
requisite.
valid there being only an irregularity in the
marriage license.
void in the absence of a valid marriage license.
valid there being good faith on the part of the
parties.
Filipinos are governed by their national law with
respect to the following matters, except:
a.
b.
c.
d.
e.
legal capacity
family rights and status
personal property
testamentary succession
intrinsic validity of wills
88. Separation of property between spouses during the
marriage may take place only:
a. by agreement of the spouses.
b. if one of the spouses has given ground for legal
separation.
c. upon order of the court.
d. if one spouse has abandoned the other.
e. if only one of the spouses is earning.
89. For civil purposes, a fetus may be considered born if:
a. it had an intra-uterine life of 8 months but is
dead upon delivery.
b. it had an intra-uterine life of less than 7 months
and it died after 5 days upon delivery.
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c.
d.
e.
it had an intra-uterine life of less than 7 months
and dies within 24 hours after its complete
delivery from the maternal womb.
it was aborted on request of or with permission
from the father to save the life of the mother.
it had an intra-uterine life of 9 months but dies
in the maternal womb.
90. The husband may impugn the legitimacy of his child
but not on the ground that:
a. the wife is suspected of infidelity.
b. the husband had a serious illness that prevented
c.
d.
e.
him from engaging in sexual intercourse.
the child could not be his for biological or
scientific reasons.
they were living apart.
he is physically incapable of sexual intercourse
91. A marriage is void if:
a. solemnized with a marriage license issued
b.
c.
d.
e.
without complying with the required 10-day
posting.
solemnized by a minister whom the parties
believe to have the authority.
between parties both 23 years of age but
without parental advice.
between a woman and her
husband’s
killer/holdup per.
solemnized by a commanding officer between
two members of his battalion.
92. In legal separation:
a. the aggrieved spouse may file the action within
b.
c.
d.
e.
5 years from the time of the occurrence of the
cause.
no trial shall be held without the 6-month
cooling off period being observed.
the spouses will be entitled to live separately
upon the start of the trial.
the prosecuting attorney has to conduct his own
investigation.
the decree will not be granted solely on the
basis of admission.
93. 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.
a.
b.
c.
d.
e.
within five years after marriage.
anytime during the lifetime of the husband.
within five years upon knowledge of the STD.
anytime during the lifetime of the wife.
anytime during the marriage.
94. 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
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Civil Law Multiple Choice Questions
University of Cebu College of Law
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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:
a.
b.
c.
d.
e.
95.
his parents
his illegitimate child, if any
his brothers or sisters
his aunts or uncles
none of them
Specific guidelines have been laid down by the
Supreme Court in the interpretation and application
of psychological incapacity as a ground for
annulment.
a. the incapacity must be proven to be existing at
the time of the celebration of the marriage.
b. the illness must be grave
c. the burden of proof must rest on the
respondent.
d. the roots of the illness can be traced to the
history of the subject
e. the incapacity appears to be incurable.
96. Excessive donation inter vivos may be revoked or
reduced after the death of the donor.
a. Yes, in so far that it reduces the legitimate of
the compulsory heirs.
b. No, because it took effect while the donor is still
c.
d.
e.
alive.
No, because it will impair the right of a person to
enter into a contract.
No, because it is not practical.
All of the above.
97. A husband by chance discovered hidden treasures on
the paraphernal property of his wife, who owns the
discovered treasure.
a.
b.
c.
d.
98.
The half pertaining to the husband (finder)
belongs to the conjugal partnership
The half pertaining to the wife (as owner)
belongs to the conjugal partnership
One half shall belong to the husband as finder
and the other half shall belong to the wife as
owner of the property.
a and b
Action for rescission on the account of lesion will
prescribe within --a.
b.
c.
d.
10 years
5 years
7 years
answer not given
99. Which one is more burdensome, easement or
usufruct?
a. Usufruct because the usufructuary has possession
and fruits of the property
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b.
Easement because the servient estate is under
obligation to let others use the property
c. None, because in both cases there is no transfer
of title
d. Easement because easement is enforceable even
if there is no contract
100. Are growing crops real property?
a. Yes, for the purpose of civil law
b. No, for the purpose of criminal law
c. No, for the purpose of commercial law
d. All of the above
e. None of the above
101. A, donated a parcel of land to the unborn child of H
and W, is the donation valid?
a. No, because there is no donee yet
b. No, because there is no one yet to accept the
donation
c. Yes, provided the child be born alive or to live for
at least 24 hours under certain conditions
d. No, because the donee has no name yet to whom
the land is to be transferred
102. Mr. J constructed a basketball court at the middle of
the street, may Mr. J be charged criminally in
court?
.
a.
No. because the remedy is only destruction or
removal
b. No, because the case is inlay civil in nature
c.
Yes, provided that the basketball court be
declared first as a public nuisance
d. Yes, provided that Mr. J did not pay any permit
to the local government
103. 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…
a. of the principle “accessory follows the principal
b. the tree is planted in his (X) land
c. in accordance with the law of easement
d. All of the above
e. None of the above
104. Which among the properties of the states that could
be the subject of prescription in favor of a private
person?
a. agricultural land
b. forest land
c. public road
d. seashore
105. Which among the churches listed below is owned by
the Roman Catholic Church?
a. Quiapo Church constructed after 1898
b. San Agustin Church constructed before 1898
c. Manila Cathedral constructed before 1898
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Civil Law Multiple Choice Questions
University of Cebu College of Law
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d. Vigan Church constructed before 1898
c.
106. Which among the group of things listed below could
not be considered as a property?
a. res nullius
b. res communes
c. res alicujus
d. None of the above
107. Patrimonial Property of the State refers to
d.
e.
112. Which of the following is not a requisite for a valid
donation propter nuptias?
a.
a. those no longer intended for public use and public
service
b. those no longer intended for public good and
public welfare
c. those actually possessed, occupied or utilized by
indigenous cultural minorities
by themselves
or through their ancestors
108. 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
b.
c.
d.
e.
a.
b.
c.
d.
e.
Between brothers and sisters, whether of
the full or half blood
Between step-parents and step children
Between parents-in-law and children-in-law
B and C
None of the above
The donation must be made before the
celebration of the marriage
The donation shall be automatically revoked
in case of non-celebration of the marriage
The donation must be made in consideration
of the marriage
The donation must be made in favour of one
or both of the future spouses
None of the above
113. Which of the following circumstances does not
terminate the absolute community of
property?
a.
b.
a. Environmental Compliance Certificate (ECC)
b. Environmental Impact Statement (EIS)
c. Joint Venture Agreement (JVA)
d. Mineral Resource EDUC Certification
109. Which of the following marriages is void for reasons
of public policy?
Concealment of drug addiction, habitual
alcoholism, homosexuality or lesbianism
existing at the time of marriage
Concealment by the wife or the husband of
the fact of previous sexual relations prior to
the marriage
All of the above
c.
d.
e.
Upon the death of either spouse
Upon conviction of a crime involving moral
turpitude by either spouse
When the marriage is annulled or declared
void.
When there is a decree of legal separation
None of the above
114. The general rule is that both husband and wife must
jointly adopt except in the following
cases:
a.
b.
c.
110. Which of the following is not included in the
attributes of juridical capacity?
d.
e.
When one spouse seeks to adopt his own
illegitimate child
When one spouse seeks to adopt his own
legitimate child
When one spouse seeks to adopt the
legitimate child of the other
A and B
A and C
a. Juridical Personality is inherent in every
natural person, and therefore it is not
acquired.
b. Juridical capacity is lost only through death
c. Juridical capacity can be limited or restricted
d. Juridical capacity cannot exist without
capacity to act
e. None of the above
115. Which of the following is not a ground for
extinguishment of parental authority?
111. The following constitute the different circumstances
or cases of fraud which will serve as ground for the
annulment of a marriage, except?
116. Bruce was pronounced by his physician to be
suffering from an incurable disease and that he is going
to die at anytime. Bruce was engaged to Margarita. In
view of the pronouncement of Bruce’s doctor, the two got
married without a marriage license. Six (6) months
thereafter, Bruce died. The validity of their marriage was
attacked on the ground that the marriage was not a
marriage in articulo mortis. What is the status of the
marriage between Bruce and Margarita.
a.
b.
Non-disclosure of the previous conviction by
final judgment of the other party of a
crime involving moral turpitude
Concealment of drug addiction of a sexuallytransmissible disease, regardless of its nature,
existing at the time of the marriage
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a.
b.
c.
d.
e.
a.
Upon the death of the child
Upon adoption of the child
Upon appointment of a general guardian
All of the above
None of the above
Voidable
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b.
c.
d.
e.
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Valid
Valid but subjects the party responsible to civil,
criminal and administrative liability
Unenforceable
Void ab initio
117. Which of the following does not characterized legal
separation?
a.
b.
c.
d.
e.
The marriage is not defective
The grounds arise only after the marriage
The spouses are still married to each other and
cannot, therefore remarry
There are ten (10) grounds for legal separation
None of the above
118. The Civil Code of the Philippines took effect on:
a.
b.
c.
d.
August 30, 1951
June 30, 1950
August 30, 1950
June 30, 1949
119. Charlie gave his diamond-encrusted watch worth
Php 25,000.00 to his friend Danny as a birthday gift.
Danny readily accepted the gift with profuse
gratitude. One month later, they had a serious
quarrel; hence, Charlie demanded the return of the
watch from Danny. Danny refused to return the
watch.
What is the nature of this donation?
a.
b.
c.
d.
Valid, because there was intention to donate and
delivery by the donor Charlie.
Valid, because there was acceptance and receipt
of the donated personal property by the donee
Danny.
Void, because the value of the thing donated
exceeded Php 5,000.00 and the donation and
acceptance were not in writing.
Void, because the value of the thing donated
exceeded Php 5,000.000 and the donation and
acceptance were not in a public instrument.
120. In a residential subdivision in San Pedro, Laguna,
Marimar constructed and maintained a shoe factory
which emits pollution and very loud noise 24 hours a
day.
How do you classify this nuisance?
a.
b.
c.
d.
Nuisance per se, because it is always a nuisance,
regardless of its location and surroundings.
Nuisance per accidents, because it is only a
nuisance
based
on
its
location
and
circumstances.
Nuisance per se, because it affects the entire
subdivision
Nuisance per accidents, because it affects and
annoys the entire residential subdivision.
121. Amelia and Arsenio are married. Amelia went to the
U.S. to work as a nurse in 2005. She left her two (2)
children, Benjie and Cherry, 4 years old and 2 years
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old, respectively, with her parents, Danilo and
Elenita. Later, because his parents-in-law, do not
want to give his children to him, Arsenio, through
trickery, was able to get his children from their
maternal grandparents. Danilo and Elenita are
claiming that they have a better right to have
custody over Benjie and Cherry since they are
financially capable of supporting the needs of the
children.
Can the grandparents claim back the children?
a.
b.
c.
d.
122.
a.
b.
c.
d.
Yes, because the mother Amelia has transferred
her parental authority over the children in favor
of the grandparents.
Yes, because the grandparents are more
financially capable of providing for the needs of
the children.
No, because parental authority should be vested
on the present parent, Arsenio.
No, because the children should be given back to
their mother considering that being both less
that 7 years of age, their mother must have
custody over the children.
Occupation is:
A derivative mode of acquiring ownership
An original mode of acquiring ownership
Not a mode of acquiring ownership
None of the above
123. Clara thinking of her morality, drafted a will and
asked Roberta, Hannah, Luisa and Benjamin to be
witnesses during the day of the signing of her will, Clara
fell down the stairs and broke both her arms. Coming
from the hospitals, Clara insisted on signing her will by
thumb mark and said that she can sign her full name
later. While the will was being signed, Roberta,
experienced a stomach ache and kept going to the
restroom for long period of time. Hannah while waiting
for her turn to sign the will, was reading the 7th Harry
Potter book on the couch, beside the table on which
everyone was signing Benjamin, aside from witnessing
the will. Also offered to notarize it. A week after, Clara
was run over by a drunk driver while crossing the street
in Greenbelt. May the will of Clara be admitted to
probate? Give your reasons briefly.
a.
b.
c.
d.
Yes, because the testatrix signed the will in
the presence of 4 credible witnesses and
the credible witnesses signed the will in the
presence of the testatrix and of one
another.
Yes, because the testatrix signed the will in
the presence of 3 credible witnesses and the
3 credible witnesses signed the will in the
presence of the testatrix and of one
another.
No, because there were only two credible
witnesses who attested and signed the will
in the presence of the testatrix and of the
one another.
No, because the testatrix was not
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124. In 1986, Jennifer and Brad were madly in love. In
1989, because a certain Picasso painting
reminded brad of her, Jennifer acquired it and
placed it in his bedroom. In 1990, Brad and
Jennifer broke up. While Brad was mending his
broken hearth, he met Angie and fell in love.
Because the Picasso painting reminded Angie of
him, Brad in his will bequeathed the painting to
Angie. Brad died 1995. Saddened by Brad’s
death, Jennifer asked for the Picasso painting
as a remembrance of him. Angie refused and
claimed that Brad, in his will, bequeathed the
painting to her is Angie correct? Why or why
not?
a.
b.
c.
d.
in 1970 Ramon and Dessa got married. Prior to
their marriage, Ramon had a child, Anna. In 1971 and
1972 Ramon and Dessa legally adopted Cherry and
Michelle respectively. In 1973, Dessa died while giving
birth to Larry. Anna had a child. Lia, Anna never married.
Cherry, on the other hand, legally adopted Shelly. Larry
had twins, Hans and Gretel, with his girlfriend, Fiona. In
2005, Anna, Larry, and Cherry dies. Who may inherit
from Ramon and who may not? Give your reason briefly.
b.
c.
d.
e.
Lia shall inherit from Ramon because the
iron-barrier rule is not applicable his being
illegitimate
daughter
of
Anna,
the
illegitimate daughter of Ramon.
Hans and Gretel shall not inherit from
Ramon, the iron barrier rule applicable in
this case. Hans and Gretel are the
legitimate son of Ramon.
Michelle shall inherit from Ramon being the
legally adopted daughter of Ramon. She
enjoys the same rights and privilege just
like
a
legitimate
child,
including
successional rights
Shelly shall not inherit being the legally
adopted daughter of Cherry, the legally
adopted
daughter
of
Ramon.
The
relationship created by fiction of law
extends only the adopter and adoptee and
does not extend anymore to parents of the
adopter.
All of the above
126. The following constitute fraud which is a ground for
annulment of marriage
a.
c.
d.
e.
concealment of pregnancy of the wife by a
man other than the husband
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concealment of drug addiction, habitual
alcoholism, homosexuality or lesbianism
existing at the time of marriage
concealment of physical incapacity of
consummating the marriage and such
incapacity continues and appears to be
incurable
letters a and b
all of the above
127. A valid marriage licence secured prior to the
marriage is a formal requisite to make the marriage valid
except;
a.
b.
marriage in articulo mortis
marriage between parties who have been
cohabiting for at
least 5 years without
any legal impediment to marry each other
c. marriage before the consul, consul-general
or vice consul between Filipino citizens
abroad
d. letters a and b
e. all of the above
Yes, because the painting was owned by
Brad
Yes, because the painting was given as
legacy to her by Brad.
No. because the real owner of the painting
was Jennifer.
Yes, because the painting was given to Brad
as a gift by Jennifer.
125. For purpose of this questions, assume all formalities
and procedural requirements have been complied with:
a.
b.
128. The absolute community of properly terminates
a.
b.
c.
d.
e.
upon the death of either spouse
when the mirage is annulled or declared
void
upon separation of the spouses de facto
letters a and b
all of the above
CIVIL REVIEW II
1.
A bus owned and operated by CRV Lines, Inc., and
negligently driven by Mr. D, an employee rammed a
Meralco lamp post. The incident injured Mr. P, a
passenger, Mr. PD, a pedestrian. Which is correct?
a.
b.
c.
d.
2.
Mr. D cannot be sued under a culpa criminal
theory of Mr. P.
Mr. P can sue CRV Lines under a quasi delict
theory as employer of Mr. D.
Mr. PD can sue CRV Lines under a contractual
theory.
CRV Lines can be sued by Mr. P only under a
contractual theory.
Mr. Seller offered to sell to Mr. Buyer, a parcel of
land for P5 million. Because the latter could not
make up his mind, Mr. Seller gave him thirty (30)
days within which to decide.
a.
b.
c.
d.
Seller may always withdraw the offer before 30
days.
Seller can withdraw the offer prior to acceptance
by Mr. Buyer.
Seller cannot withdraw before the lapse of 30
days.
Answer is not given.
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3.
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Miss X, is a passenger in a jeepney driven by Mr. D
and owned by Mr. O. The jeepney was rear-ended
by another jeep owned by Mr. TP. Investigations
disclosed that the fault was due to the driver of Mr.
TP. Which is not correct?
a.
b.
c.
d.
Miss X may sue Mr. O under a breach of contract
of carriage.
Miss X may sue Mr. TP under a culpa aquiliana
theory.
Miss X may sue the driver of Mr. TP under a
culpa criminal theory.
Mr. O in a suit by Miss X for breach of contract
may defend by alleging that the proximate
cause of the accident was the jeepney of Mr. TP.
4. Mr. Buyer bought a car from Mr. Seller, a dealer of
cars under the following terms: (i) down payment of
P500,000; (ii) entire balance is to be paid on
December 24, 2004; (iii) a chattel mortgage is to be
executed over the car bought or sold in favor of Mr.
Seller.
If on the due date for the balance, no
payment is paid despite demand.
a.
b.
c.
d.
5.
Mr. Seller may foreclose the mortgage on the
car and recover any balance if there be a
deficiency in the foreclosure sale.
Mr. Seller can foreclose the mortgage on the car
but is precluded from recovering any balance.
Mr. Seller cannot foreclose the mortgage. His
only remedy is to sue for the balance.
Mr. Seller can only cancel or rescind the sale.
Mr. Seller offered to sell a parcel of land Mr. Buyer
orally for P5 million. Mr. Buyer accepted orally on
November 5, 2004.
a. The sale is voidable.
b. The sale is valid and can be registered.
c. The sale is valid but unenforceable and cannot be
registered.
d. The sale is voidable but may be ratified.
6. Mr. X. donated a cell phone worth P35,000 to Mr. B
orally and delivered the same to Mr. B who accepted.
a. The donation is valid.
b. The donation is voidable and may be annulled.
c. The donation is void and Mr. X may get the cell
phone back.
d. The donation is void but Mr. X cannot get the
cell phone back.
7. Which among the following must be in writing to be
valid?
a.
b.
c.
d.
A sale of a land.
Every donation of personal or movable
property.
A contract of partnership with a
contribution of an immovable.
An authority by the principal to an
agent to sell movables.
8. The following are contracts that require the delivery of
the subject matter before a perfected contract exists.
Which is the exception?
a.
b.
c.
d.
An agreement to borrow/lend money.
An agreement to borrow/lend a car.
An agreement to deposit 1,000 bags of
cement in a warehouse.
A sale of a car.
9. Mr. Seller offered a parcel of land to Mr. Buyer No. 1
under a contract to sell. Subsequently, Mr. Seller sold
the same land to Mr. Buyer No. 2 who paid the price.
After a couple of days, Mr. Buyer No. 1 paid the price.
Which is correct?
a.
b.
c.
d.
The one with a better right is Buyer No.
2
Mr. Seller has done a double sale.
The one with the better right is the
buyer who registers the sale first in
good faith.
There is no double sale.
10.
No. 1 – Fraud is always a ground for annulment
of a contract.
No. 2 – A simulated contract is voidable.
a.
b.
c.
d.
Both are false.
Both are true.
No. 1 is false; No. 2 is true.
No. 1 is true; No. 2 is false.
11. Which contract is rescissible?
a.
b.
c.
d.
A contract where both parties are of
unsound mind.
A contract violating the statute of
frauds.
A contract where the debtor sells his
property to defraud the creditor where
the buyer is in good faith.
None of the above.
12. A contract of sale is deemed an equitable mortgage
in any of the following situations, except:
a.
b.
When the price is unusually inadequate.
When the buyer retains for himself a
part of the purchase price.
c. When the vendor binds himself to pay
the taxes on the thing sold.
d. When the buyer is in possession as
lessee.
13. When the debtor binds himself to pay when his
means shall permit him to do so,
a.
b.
c.
d.
The obligation is deemed to be one with
a period.
The
obligation
is
a
conditional
obligation.
The obligation is void.
The obligation is unenforceable.
14. Which of the following contracts is not unenforceable?
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University of Cebu College of Law
a.
b.
c.
d.
UCLASS Bar Operations: Civil Law Society
An oral agreement to pay for the debt,
default or miscarriage of another.
An oral sale of land.
An oral sale of movables with a value of
P500.
An oral agreement to lend P50,000.
15. No. 1 – A contract of sale is a mode of acquiring
ownership.
No. 2 – Every delivery transfers ownership.
a.
b.
c.
d.
Both are false.
Both are true.
No. 1 is true; No. 2 is false.
No. 1 is false; No. 2 is true.
16. Mr. X pledged his gold watch to Mr. Y as security for
a loan. The loan was not paid.
a.
b.
c.
d.
Mr. Y may appropriate the ring as his
own if there is a stipulation to that
effect.
Mr. Y must sell the ring to someone
else even in a private sale.
Mr. Y may recover the deficiency from
Mr. X if after the auction sale, a
deficiency exists.
Mr. Y cannot recover the deficiency
after the auction sale.
17. The benefit of “exclusion” is available in a contract of
a.
b.
c.
d.
guarantee
suretyship
pledge
antichresis
18. Mr. Seller and Mr. Buyer orally agreed on the
following:
(i) the land to be sold has an area of 10,000 sq.
meters; (ii) price is P5 million; and (iii) Mr. Seller shall
prepare the deed of sale. With fraudulent intent, Mr.
Seller knowing the inadequacies of Mr. Buyer with
respect to numbers wrote 1,000 sq. meters instead of
10,000 sq. meters. The sale is
a.
b.
c.
d.
void
voidable but the contract may be
reformed
valid but the instrument may be
reformed
valid but the contract may be reformed
19. Mr. X promised to deliver a specified dog named
“Auger” to Mr. Y on April 29, 2005.On the due
date, no dog was delivered.
Which is not
correct?
a.
b.
If the dog died on April 30 without
anyone’s fault, Mr. X shall be liable to
Mr. Y by reason of delay.
Mr Y shall bear the loss because of res
perit domino.
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c.
d.
e.
Mr. Y shall bear the loss because of
genus nunquan perit.
Mr X shall bear the loss because of
genus nunquan perit.
No one shall bear the loss.
20. No. 1 – The mortgagor in a real estate mortgage may
sell the property mortgaged
despite a prohibition
to that EFFECT.
No. 2 – If there is a balance after the foreclosure
sale in a chattel mortgage arising he deficiency cannot be
recovered.
a. Both are true.
b. Both are false.
c. No. 1 is false; No. 2 is true.
d. No. 1 is true; No. 2 is false.
21. No. 1 – The laws governing deposits govern the
relationship between a bank
depositor and a bank.
No. 2 – A creditor may be compelled to receive a
certified check in payment of
a
loan.
a.
b.
c.
d.
Both are false.
Both are true.
No. 1 is true; No. 2 is false.
No. 1 is false; No. 2 is true.
22 .Mr. X lost heavily in a private gambling with Mr. Y.
He still owes Mr. Y
P250,000 representing losses.
Which is not true?
a.
b.
c.
d.
The wife of Mr. X may file a suit to
recover the losses if Mr. X refuses to
file the suit.
Mr. Y has the obligation to return the
losses of Mr. X.
Mr. X is estopped from recovering his
losses.
Mr. Y cannot collect the unpaid losses
of Mr. X.
23. Mr. X, without the authority of Mr. Y, owner of a car,
sold the same car in the name of Mr. Y to Mr. Z. The
contract between Mr. X and Mr. Z is
a.
b.
c.
d.
void because of the absence of consent
from the owner, Mr. Y.
valid because all of the essential
requisites of a contract are present.
unenforceable because Mr. X had no
authority but he sold the car in the
name of Mr. Y, the owner.
rescissible because the contract caused
lesion to Mr. Z.
24. Mr. MO executed a real estate mortgage over his land
in favor of Mr. ME as
security for a substantial loan
he obtained from the latter. The mortgage agreement
provided for a “first refusal clause”, i.e., Mr. MO, is
obligated to
offer the property first to Mr. ME in
case he decides to sell the property
mortgaged.
Which of the following
statements
expresses
a
correct legal
principle?
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University of Cebu College of Law
a.
b.
c.
d.
UCLASS Bar Operations: Civil Law Society
As long as the mortgage exists, Mr. MO
has no right to sell his property to
anyone.
Mr. MO may sell the property
mortgaged with the consent of Mr. ME.
A violation of the “right of first refusal
clause” will make the contract entered
into by Mr. MO with anyone, void abs
initio.
A violation of the ‘right of first refusal
clause” will make the contract entered
into by Mr. ME rescissible
25. Which of the following contracts are void?
a.
b.
c.
d.
An oral sale of a parcel of land.
A sale of land by an agent in a public
instrument where his authority from
the principal is oral.
A donation of a wrist watch worth
P4,500.
A relatively simulated contract.
26. Which of the following expresses a correct principle of
law?
a.
b.
c.
d.
Failure to disclose facts when there is a
duty to reveal them, does not
constitute fraud.
Violence or intimidation does not render
a contract annullable if employed not
by a contracting party but by a third
person.
A threat to enforce one’s claim through
competent authority, if the claim is
legal or just, does not vitiate consent.
Simulation of a contract always results
in a void contract.
27 .Mr. X orally offered to sell his two-hectare rice land to
Mr. Y for P10 million.
The offer
was
orally
accepted. By agreement, the land was to be delivered
(through execution of a notarized deed of sale) and
the price was to be
paid exactly one-month from
their oral agreement.
a.
b.
c.
d.
If Mr. X refuses to deliver the land on
the agreed date despite payment by
Mr. Y, the latter may not successfully
sue Mr. X because the contract is oral.
If Mr. X refuses to deliver the land, Mr.
Y may successfully sue for fulfillment of
the obligation even if he has not
tendered payment of the purchase
price.
The contract between the parties is
rescissible.
The contract between the parties is
subject to ratification by the parties.
28. Which of the contracts below are rescissible?
a.
Those entered into by guardians
whenever the wards whom they
represent suffer lesion by more than
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b.
c.
d.
one third of the value of the object
subject matter thereof.
Those entered into by guardians in the
above when the lesion suffered is one
fourth of the value of the property.
Those undertaken in fraud of creditors
even if the latter has other means to
collect the debt.
Those where the contract is absolutely
simulated.
29. Which of the following reflects a correct legal
principle?
a.
b.
c.
d.
A, B, and C, are co-owners of a threehectare orchard. If A decides to sell his
share to B, C has a right of redemption.
A and B are adjoining owners of a rural
land. Each land has an area of half a
hectare. If B sells his land to D who
does not own any rural land, C has a
right of redemption.
If the right to repurchase is not
exercised within the period agreed
upon, a judicial order is necessary to
consolidate ownership on the buyer.
A contract of sale is not a mode of
acquiring ownership.
30. Mr. S sold his land to Mr. B with a right to repurchase
within ten years from
the date of sale. Despite the
lapse of the period of redemption, no such redemption
was
made.
a.
b.
c.
d.
Ownership of the land was consolidated
on Mr. by virtue of the failure to
redeem by Mr. S.
Ownership of the land will be
consolidated only upon the registration
of the sale with the registry of deeds.
Ownership of the land will be
consolidated only upon a judicial order.
Ownership will be consolidated only
with the consent of Mr. S.
31. Mr. S sold a banana plantation to Mr. B for P3 million
although its market
value is P20 million. It was
agreed that Mr. S shall remain in possession as
lessee of the land and shall be responsible for the
real estate taxes.
a.
b.
c.
d.
The contract gives rise to an action for
rescission.
The contract gives rise to an action for
annulment.
The contract is a sale.
The contract is presumed to be an
equitable mortgage.
32. A and B are capitalist partners, with C as an industrial
partner. A and B
contributed P15, 000.00 each
to the capital of the partnership. A
contractual
liability of
P40, 000.00 was incurred by the
partnership in favor
of X. If the capital assets have
been exhausted to pay X, leaving a
contractual
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University of Cebu College of Law
liability of P10, 000.00, X can recover
from:
a.
b.
c.
d.
UCLASS Bar Operations: Civil Law Society
the
amount
A and B only
A, B and C
A, B and C and C can recover for
reimbursement from A and B
No reimbursement may be recovered
by C.
33. A, B and C are partners engaged in a retail business.
Their contribution is
P20, 000.00 each.
D is
admitted as a new partner with a contribution of P8,
000.00. At the time of his admission, the partnership
has an outstanding
obligation to E in the amount
of P80, 000.00. In this case:
a.
b.
c.
d.
D is not liable to E for this obligation
and his P8,000 contribution shall
remain with the partnership
D is liable to E for this obligation so
that after the assets of the partnership
amounting to P68, 000.00 will be
exhausted leaving a balance of P12,
000.00, only A, B and C shall be liable
jointly or pro rata, out of their separate
property.
D is liable to E for this obligation so
that after the assets of the partnership
will be exhausted, leaving a balance of
P12,000.00, all the partners shall be
liable jointly or pro rata, including D,
out of their separate property.
D will be liable only if he knew of the
liability of P80,000 at the time he
joined the partnership.
34. Mr. Ayco offered to sell his land to Mr. Cruz for
P300,000. Mr. Cruz accepted
the offer and paid Mr.
Ayco the purchase price.
Mr. Ayco delivered the
owner’s duplicate of the Transfer Certificate of title of
the land. Mr. Cruz
wants to register the land in
his name but the Register of Deeds asks Mr.
Cruz for the Deed of Sale. What can Mr. Cruz do?
a.
b.
c.
d.
He may occupy and use the land as a
buyer in good faith.
He cannot compel Mr. Ayco to return
the payment because the contract is
unenforceable.
He may compel Mr. Ayco to execute the
Deed of Sale because the contract is
valid.
He may sue Mr. Ayco to return the
purchase price under the legal principle
that no one may enrich himself at the
expense of another
35.Andrea wrote Bernardo a letter offering to sell a piece
of land. Andrea gave
Bernardo two months within
which to pay the price of P500,000.
After 50
days
Andrea informed Bernardo that she is
increasing the price of the
land
to
P700,
000.
Can Bernardo compel Andrea to accept the
P500,000 first
offered and execute the deed of sale?
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a.
b.
c.
d.
No, because Bernardo did not signify
his acceptance of the offer of P500,000
Yes, because the period of 2 months
has not yet expired.
Yes, because Andrea is already
estopped by her signed letter.
Yes, because there was actual meeting
of minds of the parties.
36. Antonio sold a piece of land to Renato binding himself
not to sell the same to
another person.
On the
following day, Antonio sold the land to Carlos who
immediately took possession in good faith. In the
case at bar, the proper
remedy of Renato is to:
a.
b.
c.
d.
Institute an action for the annulment of
the sale to Carlos.
Institute an action for the recovery of
the land.
Institute an action for damages against
Antonio.
Institute an action for a declaration of
nullity of the sale to Carlos.
37. Mr. Reyes has a tax liability of P100, 000. In order to
evade the payment of
the tax liability, he executed a
deed of sale of his only parcel of land valued
for
P100, 000.00 in favor of his brother, Pablo. The deed of
sale stated
a
purchase price of P20, 000.00
but the BIR has evidence that said price had never been
paid.
a.
b.
c.
d.
The BIR may not levy upon the land
because the sale is valid.
The BIR, without having the sale
annulled may levy upon the land of
(Mr.Reyes pursuant to the Tax Code.
The BIR should first have the sale
annulled before it may levy upon the
land pursuant.
The BIR should first have the sale
rescinded for lesion to the government.
38. Consent is manifested by the meeting of the offer
and the acceptance upon the thing
and
the
cause which are to constitute the contract. Which of the
following constitutes an offer?
a.
b.
c.
d.
an definite offer made through an agent
business advertisement of things for
sale
advertisements for bidders
a declaration of an intent to sell.
39. When goods are delivered to the buyer “on sale or
return”, for a period of
seven (7)
days,
ownership of the goods passes to the buyer,
a.
b.
c.
d.
Upon delivery of the goods.
Upon expiration of seven (7) days.
Upon acceptance by the buyer of the
offer of the seller.
Upon perfection of the contract.
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40. Ben pledged his watch to V. Y. Domingo for P5,000.
On the due date Ben
failed to pay his loan and
redeem the watch. The pawnshop sold the watch
at
public auction to the highest bidder at P4,000.
a.
b.
c.
d.
The
pawnshop
can
recover
the
deficiency of P1, 000 from Ben.
The pawnshop cannot recover the P1,
000 unless there is a stipulation.
The pawnshop can recover the P1, 000
even without a stipulation.
The pawnshop cannot recover the P1,
000 even if there is a stipulation.
41. Mr. X executed a chattel mortgage over his house
and lot to Mr. Y. When the
obligation
became
due, Mr. X did not pay despite demand.
a.
b.
c.
d.
Mr. Y has no right to foreclose the
mortgage because the house and lot
are not chattels.
Mr. Y has no right to foreclose the
mortgage unless Mr. X consents to the
foreclosure.
Mr. Y has no right to foreclose the
mortgage because he can sue for
collection.
Mr. Y may foreclose the mortgage
because Mr. X is estopped from
claiming the invalidity of the chattel
mortgage over the real property, but
foreclosure should be made under the
procedure of a real estate mortgage.
42. Mr. D borrowed P500, 000 from Mr. C with Mr. G as
guarantor. When the
debt fell due, Mr. D did not
pay despite demand.
a.
b.
c.
d.
Mr. C may collect from Mr. G because
he guaranteed payment of the debt.
Mr. G may refuse to pay even if Mr. D
is insolvent.
Mr. G may ask Mr. C to exhaust all the
properties of the Mr. D first before
collecting from Mr. G.
Mr. G may refuse to pay even if Mr. D
has absconded.
43. 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.
b.
c.
d.
renders the contract of partnership
void.
renders the contract of partnership
unenforceable.
affects the liability of the partnership to
third persons and the partnership has
no legal personality.
does not affect the liability of the
partnership to third persons and the
partnership still has a legal personality.
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44. X is not a partner of A, B, and C. Without the
consent or knowledge of C but
with
the
implied
consent of A and B, X made T believe that he is a partner
of A, B, and C. Who shall be liable for the payment of a
debt of P500, 000 in
favor of T who extended credit
on the basis of the misrepresentation?
a.
b.
c.
d.
X,
X,
X,
X,
A and B pro rata.
A and B solidarily.
A, B and C pro rata.
A, B and C solidarily.
45. Seller wrote Buyer offering to sell his only house for a
specified price. The
letter was mailed on the same
date it was written.
Buyer offered to buy the
same house for the same price and the letter
containing the offer to buy
was also mailed on
the same
date it was written. On the same date
and time
Seller and Buyer received the letters
written to each other.
a.
b.
c.
d.
There is a perfected contract.
There is a perfected contract only when
they have orally confirmed their having
received the letters written to each
other.
There is no contract because the offers
were not certain.
There is no contract because there was
no acceptance.
46. Jose went to visit Pablo, a friend one Sunday morning
where a card game
was going on. Jose joined the
game and lost P50,000. He became
indebted to
the winner for P10, 000 more. Which among the following
statements is not correct?
a.
b.
c.
d.
The winner cannot maintain an action
to collect the P10,000.
Jose may recover P50,000 from the
winner with legal interest from the time
he paid the amount lost.
Jose may recover P50,000 from the
winner but without legal interest.
If Jose refuses to recover from the
winner, the spouse of Jose may
institute the action to recover.
47. For payment to extinguish the obligation:
a.
b.
c.
d.
The thing or service in which the
obligation consists must be completely
delivered or rendered.
Payment must not have been justifiably
refused by the creditor.
Payment must be in legal tender.
All of the above.
48. Which of the following is most likely incorrect?
a.
Mr. D promised to deliver to Mr. C 100
bottles of Japanese red wine of a
specified
brand.
Without
the
knowledge of Mr. D, production of the
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wine had been stopped.
Despite
earnest efforts, Mr. D could only deliver
ninety (90) bottles. Mr. O’s obligation
is deemed fulfilled.
b. In the immediately preceding letter (a),
Mr. D could recover as though there
had been a delivery of 100 bottles.
c. Mr. D promised to deliver 100 sacks of
a certain type of rice. He delivered
only 90 sacks but the obligee did not
object to the incomplete delivery. The
obligation may be deemed fully
performed.
d. The creditor cannot be compelled to
accept payment or performance by a
third person who has no interest in the
fulfillment of the obligation or unless
there is a stipulation to the contrary.
49. Debtor owes Creditor P500,000. The debt is secured
by a chattel mortgage
on
Debtor’s car. On the
due date of the obligation, Creditor is paid by Third
Person who has no interest in the obligation either as
guarantor or surety.
There is likewise no stipulation
as to Third Person’s right to pay.
a.
b.
c.
d.
If Third Person pays without the
knowledge or against the will of Debtor,
Third Person may recover P500, 000
from Debtor even if the debt had been
condoned to the extent of ½.
If Third Person pays with the Debtor’s
knowledge and consent, Third Person
may recover P500, 000 from Debtor
even if the debt had been condoned to
the extent of ½. If Debtor fails to pay,
Third
Person may foreclose the
mortgage on Debtor’s car.
Same as letter “b” except that Third
Person may not foreclose the mortgage
on Debtor’s car, unless Creditor
consents.
Same as letter “b” except that Third
Person may not foreclose the mortgage
on Debtor’s car because the mortgage
was exclusively constituted in Creditor’s
favor.
50. Which among the situations below states a correct
principle of law?
a.
b.
c.
Third Person pays Debtor’s debt without
intending to be reimbursed by Debtor.
The payment will not extinguish the
obligation even if accepted by Creditor
if Debtor does not consent to the
payment.
Third person pays Debtor’s debt
without intending to be reimbursed by
(c) Debtor.
The payment will
extinguish the obligation if Debtor does
not consent to the payment.
Debtor is obliged to give Creditor a
Rado watch. Since no Rado watch was
available on the due date, Debtor
decided to deliver a watch of a different
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d.
brand more valuable than the one that
is due. Creditor must accept the watch.
D owes C P20, 000. D pays B, brother
of C. The payment is not valid even if
it redounded to the benefit of C.
51. Debtor owes Creditor P20, 000. On the due date of
the obligation, Debtor
could not
pay. Debtor
instead offered his TV set worth P20,000 in payment of
the obligation. Creditor agrees.
a.
b.
c.
d.
There is no payment because the debt
may only be discharged by the delivery
of legal tender.
There is payment pursuant to a
facultative obligation because of a
substitution.
There is dation in payment or dacion en
pago.
There is payment by cession.
52. Mr. D owes Mr. Y P10, 000. On the due date, Mr. X
offers a check in payment of the obligation.
a.
b.
c.
d.
The receipt of the check by Mr. Y
extinguishes the obligation if the check
is a certified one because it is as good
as cash.
The receipt is not equivalent to
automatic payment if the check is not a
certified check.
Mr. Y has no reason to refuse the check
if it’s fully funded as certified to by the
bank.
Mr. Y cannot be compelled to accept
the check.
53. Where the debtor has various debts of the same kind
in favor of the same
creditor and on the due date
the debtor does not have sufficient funds to cover all the
debts, the debtor may avail of
a.
b.
c.
d.
tender of payment and consignation.
application of payment.
dation in payment.
cession in payment.
54. When the characters of the creditor and debtor are
merged in one and the
same
person,
there
is
extinguishment of the obligation by,
a.
b.
c.
d.
confusion
compensation
novation
condonation or remission
55. When there is a change in the object or principal
conditions, an obligation is
extinguished by
a.
b.
c.
d.
confusion
compensation
novation
condonation or remission
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56. It is that currency which the debtor can compel the
creditor to accept in
payment of all debts, public or
private.
a.
b.
c.
d.
certified checks.
domestic money in any denomination.
legal treasury notes.
legal tender.
57.The extinguishment of an obligation by the passage of
time is
a.
b.
c.
d.
fulfillment of a resolutory condition.
prescription.
expiration.
annulment.
58. Mr. Debtor is domiciled in Quezon City while Mr.
Creditor is domiciled in
Manila.
Payment is to be
made in
a.
b.
c.
d.
Quezon City, domicile of Mr. Debtor.
Manila, domicile of Mr. Creditor.
Makati City if so stipulated.
The place designated by Mr. Debtor.
59. Mr. Debtor owes Mr. Creditor as follows: P10, 000
due February 5; P10, 000 due March 5 and P10, 000 due
April 5, all during the current year. Mr. Debtor
has
only P10, 000 and cannot pay all his obligations. If Mr.
Debtor decides to
pay P10, 000, the amount
shall apply:
a.
b.
c.
To the debt chosen by Mr. Creditor.
To the debt chosen by Mr. Debtor.
To the debt due on February 5 being
the oldest debt.
d. To the debt due on April 5 if it is an
interesting obligation.
60. Mr. Debtor owes fifteen (15) persons substantial
amounts of money. His financial situation indicates
that his liabilities for exceed his assets.
If Mr.
Debtor cedes or assigns his properties to his
creditors,
a.
b.
c.
d.
The creditors acquire ownership of the
properties assigned or ceded.
The creditors shall sell the properties
assigned and when sold, the debt of Mr.
Debtor is deemed paid regardless of
whether or not the net proceeds are
equal to or less than the amount of the
indebtedness.
The creditors shall sell the properties
assigned and when sold, the debt of Mr.
Debtor shall only be released to the
extent of the net proceeds of the sale.
The cession or assignment shall
extinguish the obligation whether or not
the creditors sell the properties
assigned.
61. Mr. Debtor owes Mr. Creditor P100, 000. On the due
date, Mr. Debtor delivers a cashier’s check for the full
amount. Mr. Creditor refuses to accept
the check.
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a.
b.
c.
d.
Debtor may make a consignation by
depositing the amount due with any
bank and in the name of Mr. Creditor.
Mr. Debtor may make a consignation by
depositing the amount due at the
disposal of judicial authorities before
whom the tender of payment shall be
proved in a proper case.
Mr. Debtor has no legal basis for
making a consignation.
The creditor may be considered in mora
accipiendi.
62. As a general rule, consignation must be preceded by
a valid tender of payment. Enumerated below however,
are situations which allows a
consignation without
a prior tender of payment. Which is the exception?
a.
b.
c.
d.
When for any cause, the creditor
refuses to give a receipt.
When the creditor is absent or
unknown, or does not appear at the
place of payment.
When two or more persons claim the
same right to collect.
When the title to the obligation has
been lost.
63. Which among the following fails to state a correct
legal principle?
a.
b.
c.
d.
The debtor in obligations to do shall be
released when the prestation becomes
legally or physically impossible without
the fault of the obligor.
Whenever the thing is lost in the
possession of the debtor, it shall be
presumed that the loss was due to his
fault, unless there is proof to the
contrary.
An obligation which consists in the
delivery of a determinate thing shall be
extinguished in any event it should be
lost or destroyed without the fault of
the debtor.
Condonation or remission is essentially
gratuitous, and requires the acceptance
by the obligor.
It may be made
expressly or impliedly.
64. Mr. Debtor executed a promissory note in favor of Mr.
Creditor in the amount
of P100, 000.
The debt is
secured by a pledge on a ring owned by Mr.
Debtor. Which among the following is most likely
correct?
a.
b.
If on the due date, Mr. Creditor
delivers the note to Mr. Debtor
without collecting the debt, there is
an implied condonation if the note
is a private instrument.
If the debt is condoned by Mr.
Creditor,
the
pledge
is
not
condoned.
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University of Cebu College of Law
c.
d.
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If Mr. Creditor returns the thing
pledged to Mr. Debtor, the pledge
and
the
loan
are
deemed
extinguished.
If on the due date, Mr. Creditor
delivers the note to Mr. Debtor
without collecting the debt, there is
an implied condonation if the note
is a public document.
65. For compensation to be proper, the following must be
complied with. Which
is the exception?
a.
b.
c.
d.
Both debts consist in a sum of money
or of the same kind.
Both debts are due.
Both
debts
be
liquidated
and
demandable.
Both parties are insolvent.
66. It is the substitution or change of an obligation by
another, which extinguishes
or modifies the first
either changing its object or principal condition, or
substituting another in place of the debtor, or
subrogating a third in the right of the creditor.
a.
b.
c.
d.
accion subrogatoria
novation
accion pauliano
none of the above
67. Which among the following is not an essential
element of an obligation?
a.
b.
c.
d.
Active and passive subjects.
Form of the obligation
Prestation
Juridical tie
68. Mr. Oliveros, by virtue of a written agreement agreed
to deliver to Mr. Santos
a car on a specified date
provided the latter pays the former P1 million.
a.
b.
c.
d.
The prestation is the car; Mr.
Santos is the active subject; Mr.
Oliveros is the passive subject and
the juridical tie is the contract.
The active subject is Mr. Oliveros;
the passive subject is Mr. Santos;
the juridical tie is the law and the
prestation is the giving of the car.
The active subject is Mr. Santos;
the passive subject is Mr. Oliveros;
the prestation is the delivery of the
car and the juridical tie is law.
The passive subject is Mr. Oliveros;
the active subject is Mr. Santos;
the prestation is the delivery of the
car and the juridical tie is the
contract.
69. When a party causes damage to another due to his
negligent act and such
damage is caused in the
course of the performance of a contractual obligation,
the latter is liable to the former on the basis of
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a.
b.
c.
d.
culpa
culpa
culpa
culpa
criminal
extra contractual
contractual
aquiliana
70. No. 1 - the same act of negligence of the defendant
that causes injury to
another may give rise to a
liability based on culpa aquiliana and culpa criminal and
the injured party may recover twice from the same act or
omission of the defendant. No. 2 - When the defendant
causes damage to the plaintiff through the formers fault
or negligence, there being no contractual relationship
between them, the basis of the defendant’s liability is a
quasi-contract.
a.
b.
c.
d.
Both
Both
Only
Only
statements are false.
statements are true.
No. 1 is true.
No. 2 is true.
71. They are lawful, unilateral and voluntary acts that are
based on the principle
that no one shall be enriched
or benefited at the expense of another.
a.
b.
c.
d.
Quasi-delicts
Quasi-contracts
Culpa contractual
None of the above
72. The quasi-contract of negotiorum gestio requires the
following. Which is the
exception?
a.
b.
c.
d.
There must be an abandoned or
neglected property or business.
Someone voluntary takes charge of
that abandoned business or property.
The owner must consent to the
management of his business or
property by someone.
The owner has the obligation to
reimburse the expenses of the person
who takes charge of his business or
property.
73. Pedro receives a package via Federal Express. When
he opened the
package he realized that the same was
delivered to him by mistake and that
the
real
owner thereof is Pablo, his neighbor. The obligation of
Pedro to give
the package to Pablo arises from
a.
b.
c.
d.
law
contracts
moral obligations
solutio indebiti
74. Pedro offered to sell to Marita a purported diamond
ring which actually was a stone
of
inferior
quality.
Believing it to be a genuine diamond ring, Marita
bought and paid for the ring. If later on, Marita
discovers the
misrepresentation, Marita may:
a.
b.
sue for damages alone because of dolo
causante.
sue for rescission.
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University of Cebu College of Law
c.
d.
for
annulment
incidente.
for
annulment
causante.
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because
of
dolo
a.
because
of
dolo
b.
75. Pedro borrowed money from Jose, payable on
November 26, 2005. On the
due
date
of
the
obligation, Pedro failed to pay. On December 30, 2005,
Pedro paid the debt.
a.
b.
c.
d.
Pedro
Pedro
Pedro
Pedro
is
is
is
is
in default.
not in default.
liable for interest.
liable for damages.
76. A debt has a maturity date of November 1, 2004.
Payment was made on
November
1,
2005
but
demand was made on June 1, 2005. If the debtor is
made liable for interest, the interest shall commence
to run on
a.
b.
c.
d.
November 1, 2004.
June 1, 2005.
The date the obligation was incurred.
None of the above.
77. Pedro promised to give Jose an orchard planted with
mango trees on November 30, 2005. Before November
30, 2005, what right does Jose have
over
the
orchard?
a.
b.
c.
d.
Jose has no right.
Jose has a personal right.
Jose has a real right.
Jose has both a personal and a real
right.
78. No. 1 - If a person obliged to do something fails to do
it, the only remedy of
the obligee is to demand for
the payment of damages.
No. 2 - If a person obliged to do something fails to
do it, he may be compelled
by court action to
fulfill his obligation.
a.
b.
c.
d.
Both
Only
Both
Only
are true.
No. 1 is true.
are false.
No. 2 is true.
79. Mr. Robles sold his only car to Mr. Roxas for
P600,000. There was no agreed date for delivery and
payment. The obligation of Mr. Robles as seller is:
a.
b.
c.
d.
to deliver when Mr. Roxas is ready to
pay.
to deliver the car immediately because
there is already a perfected contract.
to have the contract rescinded because
no date is fixed for performance.
to deliver the car immediately because
his obligation is pure.
80. In order that fraud may make a contract void able:
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c.
d.
It may be incidental but both parties
should not be in pari delicto.
It may be serious and the parties must
be in pari delicio.
It may be incidental but should have
been employed by both parties.
It should be serious and should have
not have been employed by both
contracting parties.
81. Gody obtained a loan from Eusebio in the amount of
PhP10,000.00 payable
on June 30, 2005 plus 10%
interest. On January 2, 2005, Gody won
PhP100,
000.00 in a bingo game and he offered to pay
PhP10,000.00 to Eusebio. Eusebio refused to accept the
payment offered by Gody. Which of
the following
statements is correct?
a.
b.
c.
d.
Eusebio can be compelled to accept the
payment offered by Gody because the
amount being offered is complete.
Eusebio can be compelled to accept the
payment being offered if the interest
will be reduced.
Gody cannot compel Eusebio to accept
the amount offered by him because the
period for payment has not yet arrived.
None of the above.
82. Which of the following statements is correct?
a.
b.
c.
d.
Negligence signifies the idea of delay in
the fulfillment of an obligation.
Delay or default means the failure to
perform the obligation on the date
agreed upon by the parties.
Incidental fraud is one committed in the
performance of an obligation.
Proper diligence of a good father of a
family means extra-ordinary diligence.
83. Which of the period in the following cases is intended
for the benefit of the
debtor?
a.
b.
c.
d.
Payable on December 31, 2006
Payable before December 31, 2006
Payable on or before December 31,
2006
All of the above
84. While Mr. P was walking along a busy street, he
slumped and suffered from
symptoms of a heart
attack, and lost consciousness. Mr. D, a heart specialist
saw what happened and through his expertise saved
the life of Mr. P. If sued for Mr. D’s services.
a.
b.
c.
d.
Mr. P must pay on the basis of an
implied contractual relationship.
Mr. P must pay under a quasi-contract.
Mr. P has no obligation to pay because
he did not ask for Mr. D’s services.
Mr. P has no obligation to pay because
the services of Mr. D can be construed
as a voluntary act and hence, a
donation.
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Civil Law Multiple Choice Questions
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85. S and B entered into a sale of a four-hectare land for
P1 million. S prepared
the Deed of Sale and with
fraudulent intent and taking advantage of B'’ failing
eyesight changed the area of the land to reflect an
area less than what had been agreed upon.
The
remedy of B upon discovery of the fraud is,
a.
b.
c.
d.
Annulment
Reformation of the contract
Rescission
Answer not given
86. Which of the following statements is incorrect?
a.
b.
c.
d.
The full payment of the price is
sufficient to make the buyer the owner
of the thing sold.
In a sale, the full payment of the price
is a suspensive condition for the seller
to deliver.
Delivery of the thing sold is necessary
to transfer ownership.
Delivery in a real contract is required
not for transfer of ownership but for the
perfection of the contract.
87. On June 5, 2000, Jose Dizon was supposed to deliver
to Ruben Samia a
specified red car. There was
no delivery however, on said date.
On June 15,
2000, the garage of the car collapsed because of an
earthquake and the car
was totally destroyed. Is Jose
Dizon liable?
a.
b.
c.
d.
No,
because
he
could
plead
impossibility of performance due to a
fortuitous event even if he is in default.
Yes, because Jose Dizon is in legal
delay.
No, because there was no demand and
the car was lost through a fortuitous
event.
Yes, because there is a perfected
contract.
88. Seller wrote a letter to Buyer offering to sell a piece
of land for P500,000.
Seller gave Buyer two months
to decide and pay the purchase price. Before
the
lapse of two months, Seller wrote Buyer that the price is
now P700,000. Buyer insisted on an acceptance for
P500,000. He wants to compel Seller to
execute
a
deed of sale for the original offer of P500,000. May the
Seller be
compelled to honor the P500,000 offer?
a.
b.
c.
d.
No, because Buyer did not accept the
original offer.
Yes, because two months have not yet
elapsed.
Yes, because Seller is estoppel by his
original letter.
Yes, because there was a meeting of
the minds.
89. Santos owes Maria P5 million. The debt is secured by
a mortgaged on the
house of Santos.
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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.
b.
c.
d.
Both are correct.
No. 1 is correct; No. 2 is wrong.
No. 1 is wrong; No. 2 is correct.
Both are wrong.
90. 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.
b.
c.
d.
Before the lapse of sixty days, Alonzo
may withdraw the offer or increase the
price.
Before the lapse of sixty days no
withdrawal can be made but the price
may be increased.
No withdrawal can be made before
sixty days because the period is
binding.
No withdrawal can be made because
there is already a perfected option
contract.
91. 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.
b.
c.
d.
Both Nos. are true.
No. 1 is false; No. 2 is true.
Both Nos. are false.
No. 2 is true; No. 1 is false.
92. In case of losses, the industrial partner shall,
a.
b.
c.
d.
Share in the losses in any event.
Shall share in the losses only if there is
a stipulation.
Shall not share in the losses even if he
contributes capital.
Shall not share in the losses except if
he contributes capital also.
93. 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
For Private and Personal Use Only
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Civil Law Multiple Choice Questions
University of Cebu College of Law
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recorded in the Office of the Securities and Exchange
commission.
Failure
to
comply
with
this
requirement;
a.
b.
c.
d.
Renders the contract of partnership
void.
Renders the contract of partnership
unenforceable.
Affects the liability of the partnership to
third persons and the partnership has
no legal personality.
Does not affect the liability of the
partnership to third persons and the
partnership still has a legal personality.
94. 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.
b.
c.
d.
Universal
Universal partnership of all present
property
Universal partnership of all profits
Particular partnership
95. 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.
b.
c.
b.
c.
d.
Mr. P may initiate a criminal action against
Allied Bus Lines.
Mr. P may initiate a civil action against
Allied Bus Lines based on a breach of
contract theory only.
Mr. P may initiate a criminal action only
against the driver of the bus.
Mr. P may initiate a civil action for damages
on a quasi-delict theory against the driver
of the bus.
97. Which of the following is correct?
a.
c.
d.
The debtor always loses the right to make
use of the period whenever he becomes
insolvent.
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The
right to rescind a contract in a
reciprocal obligation must always be
stipulated,
In a contract to sell, the seller retains
ownership of the thing sold until the
condition of full payment is fulfilled.
In a contract of sale, delivery does not
always transfer ownership.
98. Which of the following is correct?
a.
b.
c.
d.
A rescissible contract arises whenever the
debtor defrauds the debtor.
Fraud is always a ground for annulment of a
contract.
In a pledge, the thing pledged may be in
the custody of a third person.
Services may be the object of a contract of
sale.
99. Which of the following is correct?
a.
b.
c.
d.
The disposition by the debtor of his assets
to the prejudice of the creditor is void.
A relatively simulated contract is void.
An unenforceable contract is void.
A voidable contract produces legal effects.
100. 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.
X and Z for P1.5 million each because
they are general partners
X, Y and Z for P1 million each
X, Y, and Z depending upon their
capital contribution.
96. 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.
b.
b.
c.
d.
101.
e.
What is the legal concept of possession?
a.
b.
c.
d.
102.
Mr. P may initiate a criminal action against
Allied Bus Lines.
Mr. P may initiate a civil action against
Allied Bus Lines based on a breach of
contract theory only.
Mr. P may initiate a criminal action only
against the driver of the bus.
Mr. P may initiate civil action for damages
on a quasi-delict theory
against the
driver of the bus.
The holding of a thing or the enjoyment of a
right
It is material occupation or by the fact that
the right or property is subjected to the will
of the claimant
The gathering of the products and the act of
planting on the land
All of the above
Can it be argued that the Martial Law has the
effect of tolling the prescriptive period for the
annulment of avoidable contract?
a.
b.
Yes, it has the effect of a force majeure, as
such it suspends the running of the
prescriptive period
No, it cannot be argued that Martial Law has
the effect of a force majeure which in turn
For Private and Personal Use Only
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Civil Law Multiple Choice Questions
University of Cebu College of Law
c.
d.
103.
UCLASS Bar Operations: Civil Law Society
works to suspend the running of the
prescriptive period
Yes, as long as the calling of the same was
valid and constitutional
None of the above
Which is not an element of Novation?
a.
b.
c.
d.
The new obligation is laid down in
unequivocal terms
The new and the old obligations must be on
every point incompatible with the other
Each of the obligations must have its
independent existence
If they are compatible, the new obligation
novates the first
104. 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.
b.
c.
d.
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
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.
Paul has a right to demand payment for
damages
caused
by
the
automatic
rescission done by Nik, the same being void
under RA6552
Answer not given
105.
Under a contract of guaranty, may the benefit of
excussion be waived?
a.
b.
c.
d.
106.
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
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
Yes, the benefit of excussion may be waived
provided the person owning such benefit,
has sufficient properties to cover the debt
No, it may not be waived by reason of
public policy and commercial convenience
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-
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b.
c.
d.
e.
debtor, the labor liability claims are deemed
transferred to the latter.
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 mortgageecreditor of the foreclosed assets.
No, the mortgage constitutes a lien on the
determinative properties of the employerdebtor, because it is specially preferred
credit to which worker’s monetary claims is
deemed subordinate
“B’ and “C” only
none of the above
107.
Which of the following is not a form of an
equitable mortgage?
a.
b.
c.
d.
The consideration has been proven to be
unusually inadequate
The supposed vendor has remained in the
possession of the property even after the
execution of the instrument
The alleged seller has continued to pay the
estate taxes on the property
The alleged seller has planted crops and
other agricultural products on the property
under an agricultural leasing contract
between them
108. 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
109. 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.
b.
c.
True
False
None of the above
110.
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
111.
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
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Civil Law Multiple Choice Questions
University of Cebu College of Law
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112.
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
113.
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
114.
The service of the subsidiary imprisonment of an
insolvent offender shall
extinguish his civil liability.
a. True
b. False
c. None of the above
115.
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
116.
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
117.
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
118. 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
119.
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
120.
There is debtors fault in real obligation when a
creditor demands the
delivery of a thing not yet due.
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a. True
b. False
c. None of the above
121.
A person who in
obligation is guilty of fraud,
liable for damages.
the
performance of his
negligence or delay is
a. True
b. False
c. None of the above
122.
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
123.
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
124.
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
125.
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
126.
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
127.
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
128.
The court can fix the period when the obligation
is subject to the sole will of the debtor.
a. True
b. False
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c. None of the above
a.
b.
129.
An obligation subject to a resolutory condition is
immediately demandable but is extinguished upon the
happening of the condition.
c.
a. True
b. False
c. None of the above
130.
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.
2.
131.
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”
b.
c.
132.
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.
3.
133.
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.
b.
134.
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.
135.
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
ALBANO MCQs
1.
c.
d.
4.
It will grant the petition because the law is
mandatory with the use of the word “must”;
It will grant the petition because of the
retroactivity of the law;
It will deny the petition because the
retroactivity of the law will impair vested
rights. (Rep v. Toledano)
It will deny the petition because of the
doctrine of immutability of judgment.
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.
a. True
b. False
c. None of the above
a. True
b. False
c. None of the above
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.
a. True
b. False
c. None of the above
Upon approval by the President;
After 15 days following the publication in
the Official Gazette or in a newspaper of
general circulation;
After 15 days following its posting in the
website of Congress considering the
advances in science and technology;
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.
(Art. 2, NCC; Tañada v. Tuvera)
I would arrest him because he is committing
a crime;
I would arrest him because penal laws are
binding upon all those who live or sojourn
on Philippine territory;
I will not arrest him after identifying himself
because of his immunity which is an
accepted principle of international law. (Art.
14, NCC)
I will arrest him because nobody is above
the law.
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.
b.
c.
The will is void because it is not in
accordance with Philippine law.
The will is valid because of the doctrine of
lex loci celebrations.
The will cannot be admitted to probate
because the same has yet to be probated
abroad.
When do laws take effect?
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Civil Law Multiple Choice Questions
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d.
5.
The will is void because laws are binding
upon Filipino citizens even though living
abroad.
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.
b.
c.
d.
6.
UCLASS Bar Operations: Civil Law Society
Yes, because it was perfected by
acceptance of B;
Yes, if the donation is mortis causa;
No, if the donation is inter vivos;
Yes, regardless of its nature.
(Arts. 37, 38, 39, NCC)
d.
A can be liable for breach of contract.
A can be liable for abuse of right.
A cannot be liable because he was
exercising a right.
A is not liable, but instead, XYZ Corp. is
liable for interference in contractual
relationship.
FAMILY LAW
7.
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.
b.
c.
d.
8.
It is severed because of the death of A;
It remains because of the existence of C;
It remains even with the death of A
irrespective of whether they have an
offspring or not;
The death of A has no effect at all since B
and X and Y are not related at all.
(Intestate Estate of Manolita Gonzales Vda.
de Carungcong, et al. v. People, et. al., G.R.
No. 181409, February 11, 2010)
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.
b.
c.
d.
No, because the fetus was not yet born;
Yes, because the fetus became a dependent
upon A from the moment of conception;
No, because the fetus has yet to be born
inorder to die;
No, because the fetus has no personality
yet.
(Arts. 40, 41, 42; Intercontinental Steel
Mfg. Corp. v. Voluntary Arbitrator )
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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.
b.
the
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.
b.
c.
9.
c.
d.
No, because the marriage was not originally
a mixed marriage.
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.
Yes, because A can get married again under
his national law.
Yes, because otherwise, it would be an
injustice to B.
10. 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.
c.
d.
B can get married right away after the
decree has become final and executory.
B cannot get married because from the
point of view of Philippine Law, he is still
married.
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.
B can get married because the divorce
decree being valid in the USA is valid in the
Philippines to be fair to B.
11. 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.
b.
c.
d.
Their marriage is void because one or both
of the parties should belong to the sect
where the solemnizing officer belongs;
Their marriage is valid because the infirmity
is only on a formal requisite of marriage.
Their marriage is valid because it is
immaterial whether they belong to the sect
where the pastor belongs.
Their marriage is valid because the pastor is
authorized to solemnize marriage of
anyone.
12. 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;
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Civil Law Multiple Choice Questions
University of Cebu College of Law
b.
c.
d.
UCLASS Bar Operations: Civil Law Society
I would advice him to file an action for
declaration of nullity of their marriage
before getting married;
I would advice him to seek for a certification
from the Hongkong authorities that their
marriage is void;
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.
13. 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.
b.
c.
d.
Yes, because the decree of divorce severed
her marital relationship with A;
No, because despite the divorce, A’s
national law does not give him the capacity
to remarry;
Yes, to be fair to B;
Yes, because Philippine law cannot govern
the capacity of a foreigner to remarry.
(Art. 26(2); Corpuz v. Sto. Tomas)
14. 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.
b.
c.
d.
No, because A is not entitled to the fruits of
their conjugal partnership;
Yes, because A’s disqualification is from a
share of the fruits of the conjugal
partnership;
No, because A should be penalized for his
misdeeds and the disqualification to have a
share of the conjugal properties is the
penalty;
No, because the share should even be
forfeited in favor of his family to maintain
unity.
15. 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.
c.
d.
B can revoke it;
The will is revoked by implication of law;
The will remains valid and A can inherit if
the will is admitted to probate;
The heirs can file an action to revoke the
will.
16. A and B were engaged to marry on April 3,
2012. They entered into a marriage settlement
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that they would be bound by the rule on coownership. Is the ante-nuptial agreement valid?
a.
b.
c.
d.
No, because they should be governed by
the absolute community because it is void;
Yes, they can agree on any other property
regime;
No, because they can only agree on the
conjugal partnership of gains;
No, because they should agree on the
complete separation of property regime.
17. Within what period should an action for legal
separation on the ground of fraud be filed?
a.
b.
c.
d.
5 years
10 years
4 years
imprescriptible
18. 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 5year old child?
a.
b.
c.
d.
A because he is the innocent spouse;
A because it is impossible to have a moral
development of the child;
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;
A and B because of joint parental authority.
19. 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.
b.
c.
d.
Dismiss the action for legal separation
because it has become moot and academic;
Continue with the liquidation of the
properties of the spouses;
Archive the case;
Issue an order directing the substitution of
party.
(Sy v. Eufemio)
20. What does physical incapacity to consummate
marriage mean?
a.
b.
c.
d.
Refusal to have sex with the spouse;
Lack of power to copulate which is
permanent in nature; (Impotence which
appears to be incurable.)
The sexual organ is so small;
Sterility.
(Alcazar v. Alcazar, October 13, 2009)
21. 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;
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University of Cebu College of Law
b.
c.
d.
UCLASS Bar Operations: Civil Law Society
Yes, provided that it is a donation mortis
causa;
No, because it is contrary to public policy
and law as one might exert undue influence
against the other;
Yes, provided that it is freely done and
agreed upon/
(Art. 87; Agapay v. Palang)
22. What is the status of a child born out of artificial
insemination?
a.
b.
c.
d.
Illegitimate because the husband is not the
father of the child;
Legitimate provided that it was done with
the consent or ratification of the spouses;
Legitimate provided there is consent,
ratification by the husband and the birth is
registered with the civil registry;
Legitimate if adopted by the spouses.
(Art. 64, FC)
23. If an illegitimate child is recognized by the
father, what is the extent of is hereditary right?
a.
b.
c.
Equal with the legitimate;
½ of the share of the legitimate;
No right at all unless there is a court order
confirming his recognition;
d. No right because he is the product of sin.
(Art. 176, FC)
24. 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;
c. Imprescriptible;
b. At anytime during the lifetime of B;
d. Before reaching the age of majority.
(Art. 175, FC)
25. 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.
b.
No, because he is the product of sin;
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.
(Art. 172, FC; De Jesus v. The Estate of Juan
Dizon)
26. Who among those enumerated
beneficiary of a family home?
a.
b.
c.
is
Spouses;
Parents of the spouses;
Children, legitimate or illegitimate;
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not
a
d.
Overseer.
27. 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.
(RA 6809)
28. 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.
(Arts. 94; 121; Ayala Investments & Dev. Corp,
349 Phil. 942)
29. 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.
(Arts. 103 and 130, FC)
30. 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?
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Civil Law Multiple Choice Questions
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a.
b.
c.
B alone because of their separation;
The conjugal partnership;
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.
(Art. 100, FC; Wong v. CA)
31. 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.
(Roces v. Local Civil Registrar)
32. 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.
b.
c.
d.
(RA
C must carry the surname of A;
C may carry the surname of A;
C can carry the surname of A;
C shall carry the surname of A.
9255; Rep v. Capote, February 27, 2007; In
Re: Wang v. Cebu City Civil Registrar,
March 30, 2005)
33. 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.
b.
c.
d.
They can adopt C, but must jointly adopt;
They cannot adopt C because A is
disqualified because of conviction of a crime
invoking moral turpitude;
Since A cannot adopt, B can adopt C alone;
They can jointly adopt C, but prove that it
will redound to the best interest of C.
34. 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.
b.
I would grant the petition as it would be to
the best interest of the children;
I would deny the petition because it is
against the spirit of the law to consider
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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.
(Landingin v. Republic, June 27, 2006)
35. 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.
b.
c.
d.
He has to file a petition for change of name;
He can go to the Local Civil Registrar and
file an administrative petition for change of
name;
He can just use it with an affidavit that
Pedro and Juan refer to one and the same
person;
He cannot change his name because of
lapse of time.
36. 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.
b.
c.
d.
With their marriage, the child C became
legitimated. (RA 9585)
C cannot be legitimated because there was
a legal impediment to marry at the time A
conceived and gave birth to her/him.
C can acquire the status of legitimacy only
by adoption of A and B.
C cannot be legitimated because he is not a
natural child.
37. 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.
b.
c.
d.
The house can be levied upon to answer for
the obligation because it is not a family
home.
The house is exempt from execution
because it is a family home.
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.
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.
38. 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?
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a.
b.
c.
d.
UCLASS Bar Operations: Civil Law Society
Absolutely, No;
Yes, under the law of intestate succession;
Yes, under the law of testate succession;
No, because his act constitutes an
ingratitude.
39. 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.
(Bagtas v. Santos)
40. 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.
b.
c.
d.
A & B are governed by the law on coownership that they are entitled to a share
of 50-50 over the properties acquired
during their coverture.
They are governed by a special form of coownership 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.
B is not entitled to a share of the properties
because she never contributed to the
common fund.
For B to be entitled to a share of the
properties, she has to prove her material
contributions.
41. 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
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classroom, C, stabbed D with his pencil resulting
in injuries. Is the teacher liable?
a.
b.
c.
d.
The teacher is not liable because the school
is not a school of arts and trades.
The teacher is liable regardless of the
nature of the school but can prove the
diligence of a good father of a family.
The school, administrators and the teacher
are solidarily liable for their negligence.
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.
42. 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.
(Cervantes v. Fajardo)
43. 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.
b.
c.
d.
C has no middle name because there is no
law on middle name.
C carries the surname of his biological
mother because of customs and traditions
of Filipinos.
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.
C carries the middle name of his adopting
father.
44. 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.
b.
The petition cannot be granted because
corrections sought are material entries.
The petition can only be granted through an
adversarial proceeding.
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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.
(Rep v. Kagandahan; Rep v. Silverio)
45. Which is not a proof of filiation?
a.
b.
c.
d.
Record of birth duly signed by the father.
Unprobated will which contains recognition
of a child.
Baptismal certificate.
Revoked will containing recognition of a
child.
46. 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.
(Mercado v. Tan)
47. 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.
(Arriola v. Arriola)
48. 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
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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.
(David v. CA)
49. 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.
b.
c.
d.
C & D can impugn the legitimacy of E.
Only A can impugn the legitimacy of E.
X & Y, the parents of A can impugn the
legitimacy of E.
C & D cannot impugn the legitimacy of E
because it prescribed after A’s death.
50. 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.
b.
c.
d.
The sale is valid because a contract is valid
in whatever form it may be entered into.
The sale is void because it was done by A
without the consent of B.
The sale is valid because the consent in the
negotiation can be treated as consent in the
perfection.
The sale is valid because the property has
already been delivered to C.
51. 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.
b.
c.
d.
A can recover custody of his daughter
because parental authority is inalienable.
A cannot recover custody of his daughter
because it may not be possible for him to
attend to her needs.
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.
A cannot recover the custody of his child
because the mother’s decision is binding as
the child is below the age of 7.
(Santos v. CA)
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52. 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.
b.
c.
d.
The child cannot be registered under A’s
name because the autobiography was not
signed.
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.
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.
The child cannot be registered under A’s
name because an unsigned document is not
evidence of recognition.
53. 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.
(Alberto v. CA)
54. 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
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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.
b.
c.
d.
The order is correct because it is the right
to a person to choose his/her gender.
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.
The order is correct as there would be no
adverse effects, but rather, it would
redound to the benefit of Samson.
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.
55. 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?
a.
b.
c.
d.
The contention of B, C & D that the
marriage of A & E is void is not correct
because only A & E can question the validity
of their marriage.
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.
There is no use to question the marriage of
A & E anymore because it has become moot
and academic due to A’s death.
The contention of B, C and D is not correct
as they should have filed the settlement of
estate of A and put up the defense of
invalidity of the marriage of A and E if their
children would intervene.
56. 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?
a.
b.
c.
The action will prosper because of the act of
A which is a ground under the law.
The action will not prosper because of the
consent of B.
The action will prosper because the
agreement is void as it is contrary to law
and morals.
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d.
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The action will prosper because B is bound
by the principle of estoppels by deed.
57. In the enumeration below, which is not a
ground to dismiss an action for legal separation
under the law?
a.
b.
c.
d.
Condonation;
Mutual guilt;
Consent;
Death.
(Sy v. Eufemio)
58. A & B are married. They have a house and lot
at Forbes Park which was acquired out of their
incomes during the marriage. While serving as
ambassador in Japan, he lived with C and begot
children. After his retirement, he came back to
the Philippines but went to live with C. He
wanted to sell the house but B refused to give
consent, hence, he filed an action in court
seeking for authority from the court to sell the
property. B filed an answer with a counterclaim
for legal separation. The counterclaim was
granted. Is A entitled to a share of the house
and lot?
a.
b.
c.
d.
A does not have a share in the house and
lot because he was pronounced the guilty
spouse in the action for legal separation.
A can have a share in the house and lot
because it was acquired through their joint
efforts.
The court can allow the sale of ½ of the
house and lot since it is co-owned by them,
sharing 50-50 when the marriage shall be
dissolved.
A is not entitled to a share of the fruits of
the conjugal partnership consisting of the
difference between the value of the
property at the time it was acquired and at
the time of the legal separation.
59. 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?
a.
b.
c.
d.
The action will not prosper because B did
not file a criminal case for frustrated
parricide.
The action will not prosper because there is
a need for conviction of A for the crime
committed.
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.
The action will not prosper because the act
was a frustrated act of parricide, not
attempted parricide.
60. A & B entered into an ante nuptial agreement
that they would be governed by the conjugal
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partnership of gains when they will get married.
A year thereafter, they got married. Can they
change their property relationship during the
marriage?
a.
b.
c.
d.
They can enter into a contract changing
their property relationship and from its
perfection, they would be bound by another
property regime.
They can enter into a contract to change
their property regime and it binds them due
to the principle of liberty of contracts.
They can enter into a contract changing
their property regime but must file a
petition in court for its approval.
They can enter into a contract changing the
property relationship and be bound thereby
because of the principle of mutuality of
contracts.
(Art. 76; 136; 135, FC)
61. 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?
a.
b.
c.
d.
B can file an action to compel A to return to
the conjugal dwelling because it is A’s duty
to live with her.
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.
B can sue A for him to return to the
conjugal dwelling because the law mandates
him to live with her.
B can file a petition for habeas corpus citing
her children as respondents for them to
produce the body of their father in court for
the court to order A to return to the
conjugal dwelling.
(Ilusorio v. Bildner & Ilusorio)
62. 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?
a.
b.
c.
d.
His share of ½ of the properties shall go to
the conjugal partnership in his marriage
with A.
His share shall go to his children with A.
His share shall go to his children with his
wife.
All the properties acquired in their coverture
shall go to the conjugal partnership of his
legally wedded relationship.
63. 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
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his estate, B contended that she is entitled to
inherit. Is B correct?
a.
b.
c.
d.
B is correct because of the original
relationship between A & B.
B is not correct because what governs the
successional rights of A is his national law.
B is correct because in Philippine law as A is
only an American citizen from the point of
view of USA law.
B is correct because she acquired a vested
right when they got married.
64. If homosexuality is concealed, it is a ground for:
a.
b.
c.
d.
Annulment of marriage;
Legal separation;
Declaration of nullity of marriage;
The other spouse to live separately from the
other.
65. If
a
person
psychologically
married again?
a.
b.
c.
d.
who
has
been
incapacitated, can
b.
c.
d.
No, because it is a permanent incapacity.
Yes, because the incapacity is merely
partial.
No, because he cannot give his consent due
to mental psychoses.
No, because he cannot comply with the
essential duties to the marriage bond.
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.
The parents of D can sue X & Y for damages
because the effects of adoption are
retroactive to the date of the filing of the
petition for adoption.
The parents of D can sue A & B, X & Y for
damages who are solidarily liable.
The parents of D can sue C represented by
his parents but his properties can be made
to answer for the damages sustained.
67. May the status of a child be the subject of a
compromise or contract?
a.
b.
Yes, provided it is freely agreed upon.
Yes, because of the principle of mutuality of
contracts;
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d.
No, because of public policy as paternity
and filiation must be judicially established;
Yes, because it can be left to the will of the
parties.
(Uy v. Chua, September 18, 2009)
See: Arts. 2035, 1306, NCC)
68. How many years should a person be absent in
order that he may be presumed dead including
the opening of his succession?
a.
b.
c.
d.
7
10
4
2
69. How much of their properties may the future
spouses donate to one another?
a. 100%
b. 50%
c. 20%
d. 25%
(Art. 84, Family Code)
declared
he get
66. 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?
a.
c.
70. Is the prohibition against the spouses donating
to one another during the marriage
absolute?
a.
b.
c.
d.
Yes, because it is contrary to law;
Yes, because it is contrary to public
policy;
No, because they can give to one
another gifts during the marriage within
their capacity to purchase.
Yes, because there might be under
influence by one against the other.
(Art. 87, Family Code)
71. 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?
a.
b.
c.
d.
72. The
Yes, as an incident of the action for
temporary protection order due to child
abuse under RA 9262;
Yes, because it is the duty of father to
support the child;
No, the remedy is to file an action for
compulsory recognition to establish
filiation;
Yes, to be fair to the child who never
asked to be born.
(Dolina v. Vallecera, G.R. No. 182367,
December 15, 2010, Abad, J)
following are the characteristics
psychological incapacity, except:
a.
b.
c.
of
Juridical antecedents;
Refusal to have sex;
Grave;
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d.
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Incurable.
b.
73. Which of the following statements is correct?
a.
b.
c.
d.
A spouse who refuses to live with the
other spouse can be declared as one
suffering from psychological incapacity;
A spouse who spends more time with
his
friends
is
suffering
from
psychological incapacity;
A spouse who has a narcissistic
personality disorder is suffering from
psychological incapacity;
A spouse who marries another during
the
marriages is suffering
from
psychological incapacity.
(Te v. Te; Rep. v. CA, et al.)
74. What is the remedy of a spouse if the other
leaves the conjugal dwelling and refuses to
return and lives with the parents?
a.
b.
c.
d.
File a petition for habeas corpus;
File
a
complaint
for
specific
performance to compel him/her to
return;
File a complaint for support;
No remedy in court because the act of
living together is a mere voluntary act
which cannot be compelled by any
proceeding in court.
(Art. 68, F.C.; Arroyo v. Vasquez;
Ilusorio v. Bildner, et al.)
75. 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?
a.
b.
c.
d.
File a petition for habeas corpus;
File a complaint to compel the wife to
live with her at a different place;
File a complaint for damages;
File a complaint for damages de to
abuse of right.
(Salientes v. Abanilla)
76. 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.
a.
The order is correct because the law
requires distribution, partition and
liquidation of the properties before the
decree is issued;
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c.
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;
The order is correct regardless of
whether the marriage was declared
void on the ground of psychological
incapacity or because it is absolutely
void because of a prior marriage
77. 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?
a.
b.
c.
d.
No more because the action has
already prescribed;
Yes, because the sale is void, hence,
the action is imprescriptible; (Fuentes
v. Roco, 4-21-10)
No, because the 4-year period to file
action based on fraud has prescribed;
No, because the buyer is a buyer in
good faith and for value.
78. 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?
a.
b.
c.
d.
It is automatically considered void since
there
was
no
transmission
of
successional rights;
He can file an action for nullity;
He can recover his properties in the
condition in which it may be found and
the price of any property that may have
been alienated.
He can recover the fruits or rents of his
properties.
(Art. 392, NCC)
79. A and B got married which is not correct in the
following statements,
a.
b.
c.
d.
B must carry the surname of A;
B may carry her maiden name and
surname and add her husband’s
surname;
B may carry her maiden first name and
her husband’s surname;
B may carry her husband’s full name
but prefixing a word indicating that she
is the wife such as “Mrs.”.
(Art. 370, NCC; Yasin v. Sharia Court)
ADOPTION
80. What is the requirement if the husband and wife
would like to adopt?
a.
b.
c.
d.
They
They
They
They
can adopt jointly;
shall adopt jointly;
must adopt jointly;
may adopt jointly.
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UCLASS Bar Operations: Civil Law Society
81. What is the required age difference between the
adopter and the adopted?
a.
b.
c.
d.
15
20
16
14
years;
years;
years;
years.
c.
d.
83. Of
No, because it is not a joint petition;
No, because the requirement of a joint
petition for adoption is mandatory;
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)
No, because adoption rules
are
mandatory.
the following
correct?
a.
b.
c.
d.
statements,
which
is
not
The guardian cannot adopt the ward
before the approval of the final account
to prevent commission of fraud in
handling his properties;
The guardian cannot adopt the ward
because it might be used as a shield to
commit fraud;
The guardian cannot adopt the ward to
prevent any prejudice to him;
Even before the approval of the
guardians final account, the ward can
be adopted by him to serve his best
interest.
84. 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?
a.
b.
c.
It will grant because having left Y for
10 years is considered as evidence of
abandonment.
(Landingin v. Rep., June 27, 2006)
85. Which of the following is not correct in relation
to an adopted child?
82. 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?
a.
b.
d.
It will grant the petition to serve the
best interest of the child;
It will grant even without the consent of
X due to abandonment;
It will deny due to lack of consent as
there was no abandonment as she was
merely impelled by financial constraints
to go abroad;
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a.
b.
c.
d.
He inherits like a legitimate child;
He cannot be preterited;
He has the right of representation;
By virtue of adoption, the adopter and
the
adopted
acquire
reciprocal
obligations
arising
from
their
relationship.
86. 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.
a. X shall inherit as A left no legitimate
child;
b. X is excluded by the presence of C
because an adopted child inherits like a
legitimate child; (Art. 979(2), NCC)
c. X and C can inherit together but C will
inherit like an illegitimate child. (Art.
343, NCC) – It has been deleted by the
Family Code.)
d. X shall be entitled to inherit as the
relationship between A and C is
87. 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?
a.
b.
c.
d.
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.
The parents of D can sue X & Y for
damages because the effects of
adoption are retroactive to the date of
the filing of the petition for adoption.
The parents of D can sue A & B, X & Y
for damages who are solidarily liable.
The parents of D can sue C represented
by his parents but his properties can be
made to answer for the damages
sustained.
PROPERTY
88. A borrowed money from B. As security for the
payment of the loan, he executed a chattel
mortgage on the building erected on his
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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?
a.
b.
c.
d.
Yes, because the contract is the law
between the parties;
Yes, insofar as the machinery is
concerned but void on the building
(See: Art. 415, NCC0;
Yes, with respect to both the building
and the machinery because of the
principle of liberty of contracts;
No, C is not bound at all because he is
not a party to the contract.
89. A leased a parcel of land to B. Without A’s
consent, B constructed a warehouse. What
is the nature of the warehouse?
a.
b.
c.
d.
It is a personal property because the
builder was in bad faith;
It is a personal property because the
builder is not the owner;
It is immovable because the only
criterion is union or incorporation with
the soil. (Ladera v. Hodges (CA) 48
O.G. 4374)
Personal because it is a structure which
can be removed by the builder.
90. 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?
a.
b.
c.
d.
91. The
The machinery is always a movable
property.
The machinery is now immovable by
destination.
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.
The parties cannot change the nature of
the property even by agreement.
(Davao Sawmills v. CA)
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?
a.
b.
A has to pay the value of the house
because P is a builder in good faith.
A has to pay the value of the house of P
considering that when he moved for a
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c.
d.
writ of possession over the lot and
house, he appropriated P’s house.
A does not have to pay the value of
house because when he became
owner of the land, he became
owner of the accessory which is
house.
A does not have to pay the value of
house because the sale of the
implies the sale of the house.
(Nuguid v. CA)
the
the
the
the
the
the
lot
92. Which of the following instances treats a
building/structure
as
an
immovable
property?
a.
b.
c.
d.
A building which is constructed on the
land and the same is mortgaged apart
from the land on which it has been
built.
A barong-barong built by X on his lot.
A building used as security in the
payment of an obligation where a
chattel mortgage is executed over it.
A building bought for purposes of
demolishing the same.
93. 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?
a.
b.
c.
d.
Accretion
Regalia Doctrine
Alluvium
Avulsion
94. River beds which are abandoned through the
natural change in the course of the water
belong to whom?
a.
b.
c.
d.
Owners whose land are occupied by the
new course in proportion to the area
lost.
Owners whose land are occupied by the
bed course in proportion to the length
of the area lost.
Owners of the land adjoining the old
bed in proportion to the area lost.
Owners of the land adjoining the new
bed in proportion to the area lost.
95. 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?
a.
b.
Yes, he is entitled to the extent of the
value of the improvement;
Yes, to the extent of 50% of the value
of the improvement;
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c.
d.
UCLASS Bar Operations: Civil Law Society
Yes, but only for the expenses in the
preservation of the land; (Art. 449,
NCC)
Yes, for the value of the necessary
improvement.
99. 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?
96. 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?
a.
b.
c.
d.
b.
c.
d.
b.
c.
A can be evicted by B.
B can appropriate the portion of A’s
house intruding into his share as A is a
builder in bad faith.
A may compel B to buy his house.
Since A is a builder in good faith, B may
exercise the option to sell the land or
appropriate the improvement.
(Art. 448)
97. 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?
a.
a.
A is a builder in bad faith because he
has a title over his property.
A is a builder in good faith because, not
being an expert he relied on the
representation of the developer.
A is a builder in bad faith because he
should have known the boundaries of
his property and the location of the
same.
A is a builder in bad faith because of his
negligence in not asking a geodethic
engineer to determine the exact
location of his property.
(Rosales v. Castelfort)
d.
100.
c.
d.
b.
c.
d.
The builder in bad faith may demand
for the reimbursement of improvements
of the land.
The builder in bad faith may demand
for the payment or reimbursement for
necessary
expenses
for
the
preservation of the land and value of
the building.
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.
The builder in bad faith is entitled to
reimbursement
of
all
expenses
available for reimbursement.
b.
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c.
d.
102.
No, because he is a builder in bad faith.
Yes, because he is considered in good
faith.
No, because he can remove the
improvements.
Yes, to the extent only of one-half of
the value of the improvements if the
lessor appropriates it.
X rode in a taxicab driven by Y. When X
alighted, he left his celphone in Y’s taxicab.
Who owns the celphone?
a.
98. What are the rights of a builder in bad faith?
a.
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?
a.
b.
101.
Personal property because it is subject
of a contract of sale.
Immovable property because by reason
of immobilization by destination.
Immovable because under Article 415
of the Civil Code, everything attached
to an immovable property in a fixed
manner in such way that it cannot be
separated therefrom without breaking
the material falls under immovable
property.
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.
Y is the owner under the principle of
finder’s keepers.
Y is the owner as he is in actual
possession.
X is the owner as he was deprived of
possession.
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.
By hidden treasure is understood, for legal
purposes, any hidden and unknown deposit
except:
a.
b.
c.
d.
Money
Precious objects
Jewelry
Mineral deposits
(Art. 438 & 439)
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Civil Law Multiple Choice Questions
University of Cebu College of Law
103.
To whom does hidden treasure which is
discovered belong?
a.
a.
b.
b.
c.
d.
104.
b.
c.
d.
c.
d.
107.
No, because he is not a finder by
chance due to his intention;
No, because he should have found it by
sheer luck;
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;
No,
he
is
entitled
merely
to
compensation for his efforts.
b.
c.
d.
108.
c.
d.
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 holdup. Instead of depositing the amount, he
sold the car to C. Can A recover the car
from C?
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b.
c.
d.
109.
Rex Publishing can recover the books
because it was unlawfully deprived
when the check was dishonored.
Rex Publishing can file an action for
rescission of the contract.
Rex Publishing can file an action for
sum of money against A, or file criminal
cases for violation of BP22 and Art.
315, RPC.
Rex Publishing can file an action for
declaration of nullity of the contract of
sale.
(Edca Publishing & Distributorship Co.
v. Santos)
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?
a.
No, because he is a trespasser;
No, because since he has a map, he is
not a finder by chance;
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;
No, because by chance means good
luck.
A cannot recover the car anymore
because B has become the owner by
virtue of delivery.
A can recover the car from C because
he was unlawfully deprived.
A cannot recover from C because he is
a buyer in good faith and for value.
A’s only remedy is to file an action for
sum of money against B.
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?
a.
Suppose in the problem above, B had a
map and A is out of the country. Is he
entitled to ½?
a.
b.
106.
Hidden treasure belongs to the owner
of the land, building, or other property
on which it is found.
Hidden treasure belongs to the State
because of the Regalian Doctrine in
which the full ownership of all natural
resources on natural matter than may
be found in the bowels of the earth
shall belong to the State.
Hidden treasure belongs to the person
who finds it.
Hidden treasure belongs to the State,
owner of the land in which it is found
and to its finders.
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?
a.
105.
UCLASS Bar Operations: Civil Law Society
No, because she is a minority coowner, the decision of the majority
prevails;
No, because while it is an alteration the
consent of the controlling interest is
merely required;
Yes, because it is an alteration which
requires the consent of all the coowners but if the refusal of C is clearly
prejudicial to the common interest, the
alteration may be allowed;
No, because it is prejudicial to their
common interest.
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?
a.
b.
It will grant the action since land is
basically divisible;
It will dismiss because the land is so
small;
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c.
d.
110.
UCLASS Bar Operations: Civil Law Society
It will dismiss because the land is so
small that to divide it will render it
useless for the purpose it is intended;
It will grant the action otherwise, A, B
and C will be deprived of their right to
make use of the property.
a.
b.
c.
In the question above, where D refuses to
agree, what would be your advice to A, B
and C?
I would advice them to file a suit to
compel her to give consent;
b. I would advice them to sue her for
damages;
c. I would advice them to file an action for
partition;
d. I would advice them to develop the
land and leave a portion equivalent to
the share of D.
(But D is entitled to a right over any party
of the land.)
d.
a.
111.
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?
a.
b.
c.
d.
112.
No, because it is prejudicial to the
interest of the co-ownership;
Yes, because the expenditure is not a
mere act of administration, but an act
of dominion;
Yes, because the expenditure is not a
mere act of administration but an act of
dominion which needs the consent of
all;
No, because being trustees of one
another, they are presumed to act
favorably for every co-owner.
b.
c.
d.
The contract of partition is void because
it was not put into writing.
The contract is unenforceable because
it was not put into writing.
The contract is valid because a contract
can be in any form.
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.
(Vda. de Reyes v. CA)
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?
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What is the status of the sale of the whole
property by one co-owner?
a.
b.
c.
d.
115.
b.
c.
116.
If the plaintiff is in possession, the
action to quiet title does not prescribe.
If the plaintiff is not in possession, it
may prescribe.
Whether the plaintiff is in possession or
not, the action to quiet title will
prescribe.
What should a co-owner do inorder that he
can recover expenses in the alteration of
co-ownership?
a.
b.
c.
d.
117.
Valid sale as to the whole property.
Valid sale only as to the share of the
seller co-owner.
Sale is void on whole property as there
is no consent from the other co-owner.
Unenforceable
Which of the following is false with regard to
the prescription on action to quiet title?
a.
A, B, C & D are the co-owners of a parcel of
land. They agreed to orally partition the
property. Is the partition valid?
a.
113.
114.
The action will not prosper because B &
C are indispensable parties.
The action will not prosper because of
failure to implead B & C who are real
parties in interest.
The action will prosper because anyone
of the co-owners may sue for
ejectment.
The action will not prosper because the
suit by A is not in representation of the
co-ownership.
(Art. 487, NCC; Arcelona v. CA)
Not secure the consent of the other coowners anyway it is for the benefit of
the co-ownership.
Secure a unanimous consent of the coowners.
Not secure consent of the co-owners
since they did not contribute for the
alteration of the property.
Secure the consent of majority of the
co-owners.
The
following
are
some
of
the
characteristics of a co-ownership except
one:
a.
b.
c.
d.
A co-owner is in a sense a trustee for
the other co-owners.
Co-ownership has judicial personality.
There must be more than one subject
or owner.
Regarding the physical whole, each coowner must respect each other in the
common
use,
enjoyment
or
preservation of the physical whole.
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118.
Within what period should the owner of a
property subject of avulsion recover the lost
property?
a.
b.
c.
d.
119.
120.
years
months
months
year
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?
b.
c.
d.
c.
d.
Present possessor is preferred.
If both are in possession, the one
longer in possession shall be preferred.
If possession started at the same time,
the one with the title is preferred.
The court shall determine who among
the conflicting parties has the right of
possession.
(Art. 438, NCC)
Which of the following is a characteristic of
a co-ownership?
a.
b.
c.
d.
123.
124.
The co-ownership possess juridical
personality.
Regarding the ideal share, each coowner does not hold any control over
the same.
A co-owner is in a sense a trustee for
the other co-owner.
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Prescription
Bad use of the thing in usufruct.
Total loss of the thing in usufruct
Non-user for 6 months.
In taking care of the thing in usufruct, what
degree of diligence is required?
a.
b.
c.
d.
125.
Regarding the physical whole, a coowner uses and enjoys the same to the
exclusion of the others.
Which of the following is not a ground for
extinguishment of a usufruct?
a.
b.
c.
d.
Yes, it is valid, because the right of
alienation is one of his rights over the
ideal shares in the co-ownership.
No, it is invalid, because the consent of
his co-owners is material for the sale to
be valid.
Yes, it is valid because the co-owners
did not object when he sold his part.
No, it is invalid because a co-owner
cannot sell his part to third person
without offering it first to his coowners.
In case of a conflict between two persons
regarding the possession of a certain
property, which of the following rules is
incorrect?
a.
b.
122.
2
3
6
1
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.
a. B and C can redeem the said property
after paying the foreclosed amount.
b. A should pay B and C corresponding to
the value of their respective share.
c. B and C may redeem the property only
to the extent of their respective shares.
a.
121.
UCLASS Bar Operations: Civil Law Society
Good father of a family
Utmost diligence
Ordinary diligence
Extraordinary diligence
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?
a.
b.
c.
d.
The usufruct was extinguished;
The death terminated the usufruct;
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)
The usufruct continues because B, the
trustee is still alive.
EASEMENT
126.
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?
a.
b.
c.
Yes, because of prescription and
laches;
No, because there was no formal
prohibition by means of an instrument
acknowledged before a notary public
prohibiting B from obstructing his
easement of light and view;
No, because A did not observe the 2meter distance between the windows
since the view is direct and the lot of B
(Non-observance of the distances does
not give rise to prescription.)
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Civil Law Multiple Choice Questions
University of Cebu College of Law
d.
127.
b.
c.
d.
B is correct because possession of a
parcel of land for ten (10) years in good
faith will ripen to ownership.
B is correct because of laches.
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.
B is correct because with the
continuous use of the easement,
prescription lied.
(Bogo Medillin Sugar Milling Corp. v.
CA)
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?
a.
b.
c.
d.
129.
Both B and C.
(Art. 668 and 679, NCC; Cortes v.
Yutivo, 2 Phil. 24; Fabie v. Lichanco, 11
Phil. 14; Cid v. Javier, 108 Phil. 850)
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?
a.
128.
UCLASS Bar Operations: Civil Law Society
b.
d.
130.
b.
c.
d.
131.
Least prejudicial to the servient estate
and the shortest distance to the
highway.
Most prejudicial to the servient estate
but shortest distance to the highway.
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Ask A for right of way without
indemnity.
Ask A for right of way with indemnity.
Ask A to donate another property for
B’s right of way.
Sue A for a right of way without
indemnity.
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
a.
b.
c.
d.
132.
Creation of another way which is
shortest to the highway and closing the
previous right of way.
Total inadequacy.
A donated a property to B, but the property
is surrounded by A’s property. What is the
right of B?
a.
A can demand for the reopening of the
road because he acquired the right to
use it by prescription.
A can demand for the reopening of the
road because it is the nearest to the
highway.
A cannot demand for the reopening of
the road because there is an adequate
road of the subdivision belonging to
XYZ Corporation.
A can demand for the reopening of the
road because the roads of the
subdivision of XYZ Corp. where his lot
is located are not yet fully developed,
hence, it is very inconvenient for him to
pass thru the same.
What is the test in determining whether a
person may demand an easement of right of
way?
a.
c.
Value when the road was constructed
Date of filing the action in court
Date of the judgment
Value of the land and the amount of
damage caused to the servient estate.
(Art. 649, NCC; Bicol Agro-Industrial
Producers Cooperative, Inc. v. Obias, et
al., G.R. No. 172077, October 9, 2009).
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:
a.
the RTC is correct because A has no
more use of the easement.
b. the RTC is correct because a voluntary
easement can only be extinguished by
agreement of the parties.
c. the RTC is correct especially so that the
dominant estate has been sold.
d. the RTC is correct because the servient
estate has been sold.
(Unisource Commercial & Dev. Corp. v.
Chung, et al., G.R. No. 173252, July 17,
2009).
DONATION
133.
When is donation deemed perfected?
a.
b.
c.
Upon the signing of the deed of
donation;
When the donor comes to know of the
acceptance of the donation by the
donee;
Upon delivery of the object of donation;
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45
Civil Law Multiple Choice Questions
University of Cebu College of Law
of
b.
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?
c.
d.
134.
a.
b.
c.
d.
135.
of
the
deed
d.
137.
No, because since the donation is a
inter vivos, it took effect driving the
lifetime of the donor;
No, because the donee has acquired
ownership over the property;
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)
No, because a donation
inter vivos is irrevocable.
b.
c.
d.
Yes, because at the time of the
donation, he was capacitated;
Yes, because the acceptance can even
be
conveyed
to
his
legal
representatives;
Yes, because there is only one moment
which must be considered inorder to
determine the donor’s capacity to make
donation, that is the time of the making
of the donation (Art. 737, NCC) when
he offered to donate;
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.
c.
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.”
a.
It is a donation
intended;
mortis
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causa
as
d.
138.
Remuneratory donation inter vivos;
Conditional
donation
inter
vivos;
(obligation imposed is merely a charge
or burden whose value is less than the
value of the thing given.)
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)
Conditional donation which can be
revoked.
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?
a.
b.
c.
d.
139.
It is a donation mortis causa since
delivery will be made after death, it will
be effective only from that time;
Donation inter vivos that is conditional,
the designation not controlling and that
the conditions indicate that it is inter
vivos;
Mortis causa as it will take effect after
death as delivery will confer ownership
upon the done.
“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?
a.
b.
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?
a.
136.
Upon registration
donation.
UCLASS Bar Operations: Civil Law Society
No, the donation is void because it was
not put into writing.
Yes, the oral donation can be the basis
of a valid title because of laches.
No, the donation is void because it was
not put into a public instrument.
Yes, the donation is valid because a
contract can be valid in any form.
(Heirs of Maningding v. CA)
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?
a.
b.
A can ask for the recoveyance of the
property because the donation is void
as it was not accepted by DECS in the
same instrument.
A cannot ask for reconveyance because
there was acceptance thru DECS
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Civil Law Multiple Choice Questions
University of Cebu College of Law
c.
d.
140.
c.
d.
b.
c.
d.
No, otherwise the sale is void;
No, otherwise, the seller cannot confer
ownership upon the vended;
Yes, provided that he is the owner at
the time of the delivery;
No, otherwise, the buyer would be
prejudiced.
(Art. 1459, NCC)
Yes, provided that it is accepted by the
donee;
Yes, provided that he can deliver it;
No,
because
he
cannot
confer
ownership of something he does not
own;
Yes, provided that the parties agree.
(Art. 751, NCC)
May an oral donation propter nuptias be the
basis of a title?
a.
b.
c.
d.
143.
as to make the donee the absolute
owner
free
from
any
lien
or
encumbrances.)
144.
b.
c.
d.
145.
b.
c.
d.
146.
No, because it must be in a public
instrument;
No, because it must be in writing;
Yes, through adverse possession for 30
years. (Pensader v. Pensader, 47 Phil.
459);
No, because it is not effective as a
transfer of title. (Heirs of Maningding v.
CA, 31 July 1987; Gesmundo v. CA, 23
December 1999).
Mortis causa;
Conditional donation inter vivos;
Inter vivos;
Conditional donation mortis causa.
(Reasons: Acceptance clause which is
required in donations inter vivos –
Austria-Magat v. CA, February 1, 02;
Prohibition against alienation should be
harmonized with its irrevocability. Said
prohibition means that after the donor’s
death, the donation will take effect so
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Donation is void because it contains an
illegal condition.
Donation is valid but the condition is
considered as not imposed.
Donation is unenforceable.
Donation is voidable.
What kind of donation requires compliance
with the elements of a valid will?
a.
b.
c.
d.
147.
Yes, because of automatic revocation
for failure to comply with the condition;
Yes, because A was exercising a right;
No, because of the absence of
automatic revocation clause;
Yes, because he was still the owner at
the time of the sale.
What is the status of a conditional donation
if the condition imposed is unlawful?
a.
Donations mortis causa
Conditional donation
Donations inter vivos
Donations in consideration of marriage
What is the effect if there is an illegal and
impossible condition in a simple donation?
a.
b.
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?
a.
b.
c.
d.
A executed a conditional donation to B who
accepted it. When B failed to comply, A sold
it to C. Is the sale valid?
a.
May a person donate that which he does not
own?
a.
142.
possession and compliance with the
condition.
A can recover because DECS did not
comply with the condition.
A
cannot
recover
because
of
prescription.
(DECS v. Del Rosarios; CPU v. CA; Rep
v. Silim)
May a person sell that which he does not
own?
a.
b.
141.
UCLASS Bar Operations: Civil Law Society
c.
d.
The illegality or impossibility of the
condition will annul not only the
condition but also the obligation even if
the impossible condition is a condition
not to do.
The illegality or impossibility of the
condition will annul not only the
condition but also the obligation unless
the impossible condition is a condition
not to do.
The donation is valid because the illegal
or impossible condition is simply
considered as not imposed. Hence, the
condition is void but the donation is
valid.
The donation is unenforceable.
NUISANCE
148.
Is a swimming pool an attractive nuisance?
a.
b.
c.
Yes, because it is attractive to persons
of tender age at play.
Yes, if there are instruments and
implements that make it different from
an ordinary body of water.
No, because it is just a mere
duplication of a body of water.
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Civil Law Multiple Choice Questions
University of Cebu College of Law
d.
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No, if the owner employed means to
protect the lives and limbs of persons
who enter into it.
(Hidalgo Enterprises v. Bandalan)
SUCCESSION
149.
b.
c.
d.
c.
d.
b.
c.
d.
154.
b.
c.
d.
The substitution must not go beyond
one degree from the heir originally
instituted (Art. 863, NCC);
The fiduciary and the fideicommissary
must be living at the time of the death
of the testator (Art. 863);
The substitution can burden the
legitime (Art. 864);
The substitution must be made
expressly (Art. 865).
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?
b.
a.
b.
c.
No, because of the possibility of undue
influence that may have been exerted
by the minister;
No, because since the priest is
disqualified, the will is a circumvention
of the prohibition;
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
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c.
d.
155.
I will divide the estate giving ½ to
the legitimates; ¼ to the wife and
the
rest
to
the
two
(2)
illegitimates;
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;
I will divide the estate equally
among the legitimate children and
the widow;
I will not give the illegitimates
because of the iron curtain.
The following can be considered as the
rationale
behind
reserva
troncal,
except:
a.
Of the enumeration below, which is not a
limitation of fideicommissary substitution?
a.
152.
It will declare the will void because
there are only two (2) witnesses;
It will declare the will void because the
notary public cannot subscribe before
himself;
It may grant the probate and consider
it a holographic will
It will declare the will extrinsically void.
Question on the identity of the will;
Question on the due execution of the
will
Question of validity and nature of
contracts
Question on the capacity of the
testator.
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?
a.
The following are the questions which a
probate court can determine, except:
a.
b.
151.
153.
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?
a.
150.
d.
to which they may belong. (Art.
1027(2);
No, because what cannot be done
directly, it cannot be done indirectly.
To reserve certain property in favor
of certain relatives;
To maintain as absolutely as
possible, with respect to the
property to which it refers, a
separation between the paternal
and maternal lines, so that
property of one line may not pass
to the other, or through them to
strangers;
To prevent persons outside of a
family from securing, by some
accident of life, property that
would otherwise remain therein;
To show solidarity of the family.
In relation to reserva troncal, the
following
statements
are
correct,
except:
a.
b.
c.
The
reservista
can
sell
the
property, but subject to resolutory
condition;
The reservatarios may rescind the
contract of sale by the reservista
upon the death of the reservista;
The reservista can sell because he
acquires
ownership
of
the
reservable property subject to the
resolutory condition that there
must exist at the time of his death
reservatarios;
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Civil Law Multiple Choice Questions
University of Cebu College of Law
d.
156.
b.
c.
d.
b.
c.
d.
a.
The will is valid because it is A’s
prerogative as to the persons whom he
wishes to institute because a will is an
act whereby a person is given the right
to control to a certain degree the
disposition of his estate to take effect
after his death.
The will is valid because the wife is not
an heir in direct line, hence there is no
preterition.
The will is void because the wife is a
compulsory heir of A.
The will is valid, anyway, the wife has a
share in the conjugal partnership.
b.
c.
d.
160.
The will is valid because the signature
of the notary public is a mere
surplusage.
The will us void because the notary
public cannot subscribe before himself.
The will is valid because there is
substantial
compliance
with
the
requirements of a will.
The will is valid especially so that the
law must give tender care to the will
because it is the voice of the testator
even after his death.
(Cruz v. Villasor)
b.
c.
d.
161.
b.
c.
d.
True,
but
subject
to
resolutory
condition, hence, can rescind the
conrtact;
False, because he/she is not the owner
as he holds the property merely in trust
for the reservatarios.
True, because having a title over it, the
buyer can just rely upon the title under
the mirror doctrine.
True, because from the moment of
death of the descendant propositus, the
reservista acquired ownership over the
property subject of reserva.
A & B are married. They have children, C &
D. C is married to X and they have children,
Y & Z. D is married to S and they have
children, T & U. He has likewise an
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The will is void because it was not
subscribed in his presence.
The will is valid because the phrase “in
the presence” does not mean actual
seeing but mere opportunity to have
witnessed and seen the signing.
The will is valid because there is
substantial compliance with the law.
The will is void because it requires the
presence of the witnesses to prevent
fraud, in the execution of the will and
to protect the integrity of the will.
X executed a will instituting his heirs. It was
discovered 15 years after his death, hence,
the heirs consulted you whether they can
still file a petition for its probate,
considering
that
they
have
already
extrajudicially settled his estate. What is
your advice?
a.
b.
c.
d.
162.
V cannot inherit because he is an
illegitimate child of D.
V cannot inherit despite his institution
because of the barrier between the
legitimates and the illegitimates.
V can inherit because the iron curtain
applies only in cases of intestacy.
V can inherit because the will of A is an
act whereby he is given the right to
determine his heirs.
A executed a will with B, C & D as
witnesses. At the time of the subscription by
A, C & D on each and every page of the will,
B was outside the room with an open door.
Is the will valid?
a.
In cases of reserve troncal, the reservista
can sell the property subject of reserva.
True or false?
a.
159.
illegitimate child, V. Before A died he
executed a will instituting his heirs including
V. Can V inherit from A considering that he
is an illegitimate child of D?
One of the four (4) witnesses in the will of A
is the notary public. Is the will valid?
a.
158.
The reservista can execute a will to
dispose of the property subject of
reserve to his own relatives.
(Edroso v. Sablan, 25 Phil. 295;
Lunsod v. Ortega, 446 Phil. 664)
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?
a.
157.
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Yes, because the probate of a will is
imprescriptible as it is mandated by
public policy.
No more because it has already
prescribed.
Yes because they cannot extrajudicially
settle the estate due to the existence of
a will.
No more because of laches.
A executed a will instituting his heirs and X,
his illegitimate child whom he recognized.
Before his death, he revoked the will. What
is the effect of the revocation of the will?
a.
b.
The revocation necessarily carries with
it the revocation of the recognition of X.
The revocation has no effect on X as
the will can be used as an authentic
writing as proof of filiation.
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Civil Law Multiple Choice Questions
University of Cebu College of Law
c.
d.
163.
c.
d.
166.
X can still be prosecuted.
X can no longer be prosecuted because
the admission of the will to probate is
the best evidence of its due execution.
The probate of the will is res judicata to
the prosecution of X.
X cannot be prosecuted anymore
because
of
the
presumption
of
innocence especially with the probate of
the will.
(Art. 838, NCC)
c.
d.
B & D alone can inherit from C.
E cannot inherit because there is a
barrier
between
illegitimates
and
legitimates.
E can inherit from C because the iron
curtain does not apply to C & E.
E cannot inherit considering that the
only estate C left was his inheritance
from A, hence, the iron curtain still
applies.
b.
c.
d.
167.
b.
c.
d.
168.
b.
c.
d.
G can inherit by right of representation
being the son of C.
G
cannot
inherit
by
right
of
representation because such right
applies only to blood relatives.
G can inherit by right of representation
because one of the rights of an adopted
child is the right of inheritance without
any distinction and discrimination.
G can inherit by right of representation
like E & F otherwise, he would be
deprived of his legitime resulting in
unfairness.
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X is correct because he is an heir in the
direct line, hence, entitled to his
legitime.
X is not correct because the donation is
an advance inheritance.
X is correct because donation being
irrevocable is not collationable.
X is correct, otherwise, it would be
unfair to him being an heir of A.
(De Roma v. CA)
A executed a 5-page notarial will before a
notary public and three witnesses. All of
them signed each and every page of the
will. One of the witnesses was B, the father
of one of the legatees to the will. What is
the effect of B being a witness to the will?
a.
b.
c.
d.
169.
C is correct because the law requires
that the holographic will must be
completely dated;
C is not correct because there is
substantial
compliance
with
the
requirement of the law.
C is correct because the incomplete
date affects the integrity of the will.
C is correct because the complete date
protects the will from commission of
fraud and trickery.
(Roxas v. De Jesus)
A and B are married. They have children X,
Y and Z. Before his death, A donated a
parcel of land to X denominated as an
irrevocable donation. He died leaving a will
but did not institute X. When the will was
submitted to probate, X opposed on the
ground of preterition. Is X correct?
a.
A & B are married. They have a son C who
is married to D with children, E & F. C & D
adopted G. C died in 2006. A died in 2010.
Can G inherit by right of representation?
a.
X executed a holographic will dated
December 2000. After his death, A and B,
the heirs filed a petition for probate, but C,
the daughter opposed on the ground that
the will is not valid because it is not
completely dated.
a.
A & B are married. They have children, C &
D. C has an illegitimate child, E. A died in
2007 and B, C & D inherited from him. C,
specifically inherited a house & lot from A
located at Ayala Alabang. C died in 2009.
Who can inherit from C?
a.
b.
165.
With the revocation of the will, X has
yet to go to court and prove filiation
with the use of the will.
The will has no favorable effect on X
because of its revocation and its nonadmission to probate.
(Art. 834, NCC; 172(1), FC)
Mr. Tiok Chua executed a last will and
testament. X, a niece was charged with the
crime of forgery alleging that she forged Mr.
Chua’s signature. In the meantime, the will
was admitted to probate. State the effect of
the admission of the will to probate.
a.
b.
164.
UCLASS Bar Operations: Civil Law Society
The will is invalidated;
The will is valid and effective;
The legacy given to B’s child is not
valid;
The will is valid and the legacy will be
given to B’s child because a will is the
voice of the testator even after death.
A executed a holographic will disinheriting
his eldest son for a valid and legal reason.
He did not institute his children B, C and D.
Is there preterition?
a.
b.
Yes, because of the total institution of
the descendants;
Yes, because failure to state the ground
for the non-institution of the
descendants;
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University of Cebu College of Law
c.
d.
170.
b.
c.
d.
d.
177.
b.
c.
d.
Grant it because A was of sound mind
at the time of death;
Grant it because the subsequent
capacity cured the defect of the void
will;
Deny probate because the will is void
ab initio;
Grant it since the will is extrinsically
valid and complete
b.
c.
d.
b.
c.
d.
a.
a.
b.
c.
d.
c.
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time
time
time
time
of
of
of
of
the
the
the
the
the
testator
probate of the will;
death of the testator;
execution of the will;
allowance of the will.
Deny probate because the will is void
as he did not understand the language;
Deny because he could not have
written in a language he did not
understand;
Grant probate provided that it was
explained to him in a language
understood by him;
Deny because of the possibility of
fraud.
Yes, because they are compulsory
heirs;
No, because they are not compulsory
heirs entitled to a legitimate;
Yes, because while the donor can
donate his properties, he must leave
something to his relatives;
Yes, because of the close family ties of
Filipinos.
(Arellano v. Pascual, G.R. No. 189776,
December 15, 2010)
A died leaving no compulsory heirs except
his brothers and sisters of the full blood and
a cousin. How shall his estate be
partitioned?
What do you call the act of a testator of
designating a person to take the estate in
case of default of the instituted heir?
Substitution
Representation
Institution
Accretion
the
the
the
the
of
A died without leaving a compulsory heir.
Before he died, he donated his properties to
the church. After his death, his brothers
questioned the validity of the donation. Is
their act correct?
a.
179.
At
At
At
At
capacity
A executed a will in English, but did not
understand the language. If the will is
submitted to probate, how do you think the
court will decide?
a.
178.
In case of predecease of an heir;
In case of repudiation by an heir;
In case of incapacity of an heir;
In case of a valid disinheritance of an
heir.
When is the
considered?
a.
b.
c.
d.
At the time A executed his will there was a
pronouncement that he was insane. A week
after he died, but he was already of sound
mind. If the will is submitted to probate,
how do you think the court will decide?
a.
174.
176.
In the direct descending line;
If there is an adopted child;
In the ascending line;
Even in the collateral line.
Upon the death of the testator;
Upon the death of the first heir;
Upon the death of the last relative of
the testator;
Upon the execution of the will by the
second heir.
In which of the following is the right of
representation inapplicable?
a.
b.
c.
d.
In fideicommissary substitution when will
there be transmission of rights to the
second heir?
a.
b.
c.
173.
No more, because it would be an
exercise in futility as no one will inherit
on the basis of the will;
Yes, because without the will being
admitted to probate the disinheritance
shall be ineffective;
Yes, because a will shall not pass any
right to the heirs unless it is admitted
to probate;
Both B and C.
175.
When does the right of representation take
place?
a.
b.
c.
d.
172.
No, because B, C and D shall inherit
from the estate of A by the rules of
intestacy;
No, because B, C and D are deemed
instituted.
A executed a holographic will disinheriting
his children B but did not institute C and D.
Is there a need for the will to be probated?
a.
171.
UCLASS Bar Operations: Civil Law Society
b.
d.
The brothers and sisters and the cousin
will inherit in equal shares;
The brothers and sisters will inherit in
equal shares;
The cousin will get ½ of the share of
each brother;
The cousin is not entitled to any share
not being a collateral relative who is
For Private and Personal Use Only
51
Civil Law Multiple Choice Questions
University of Cebu College of Law
180.
entitled under the law of intestate
succession.
(Arts. 1003; 1004; Arellano v. Pascual,
G.R. No. 189776, December 15, 2010)
a.
A, the son of X and Y was indebted to B in
the amounted of P10M. Should the amount
be brought to collation if X and Y paid the
same?
c.
a.
b.
c.
d.
181.
d.
184.
a.
a.
c.
d.
Yes, because the contract was not a
sale but a donation inter vivos;
Yes, because it was a donation mortis
causa;
No, because it was not acquired by
gratuitous title but by onerous title;
(Reyes v. CA)
Yes, because it was a simulated sale as
the price is unusually inadequate.
A, while travelling in Cananda executed a
will before Philippine Consul B with only two
(2) witnesses. Under Canadian Law, two (2)
witnesses would suffice. When he arrived in
the Philippines he filed a petition for
probate. How do you think the court will
decide?
a.
b.
c.
d.
d.
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correct
in
the
following
Collation is a mere mathematical
operation by the addition of the value
of donations made by the testator to
the value of the hereditary estate;
Collation is the return to the hereditary
estate of property disposed of by
gratuitous title by the testator during
his lifetime;
One of the purposes of collation is to
secure equality among the compulsory
heirs in so far as it is possible and to
determine the free portion after finding
the
legitime
so
that
inofficious
donations may be reduced. (6 Manresa
406)
There must be actual return of the
property donated. (Arellano v. Pascual,
G.R. No. 189776, 15 December 2010)
PRESCRIPTION
185.
It will admit the will to probate because
of the doctrine of lex loci celebrationis;
It will not admit the will to probate
unless probated first in Canada;
It will deny probate because of failure
to comply with the formalities under
Philippine law; (Art. 17, NCC)
It will admit the will to probate because
Canadian laws cannot apply in the
Philippines if proven as facts according
to the rules of evidence.
The attestation in the will of A omitted to
state that the testator signed the pages of
the will in the presence of the instrumental
witnesses.
Can evidence aliunde
be
admitted to prove such fact in the probate
proceeding?
Yes, to give due course to the petition
for probate;
No, because such fact cannot be
determined from an examination of the
will itself;
Yes, because the will of a person is his
voice even after his death; (Reyes v.
CA)
Yes, because the court should give
tender care to the will.
(Art. 805, NCC; Uy v. Sioca, 43 Phil.
405; Tenefrancia v. Abaya, 47 O.G. No.
12, Suppl. P. 327 – oral evidence does
not possess the reliability of an express
statement in the attestation clause.)
Which is not
statements:
b.
c.
183.
No, because it is the duty of the
parents to support a child;
Yes, because it is a donation inter vivos
made to A, a compulsory heir, hence,
an advance inheritance;
No, because A is merely indebted to X
and Y;
No, because it was not gratuitously
given.
(Arts. 1066 & 1069, NCC; 1061, NCC)
b.
X and Y sold a house and lot to their son
valued at P10M for only P3M with the
condition that it will be delivered after their
death. After their death, should the
property be brought to collation?
b.
182.
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A lent money to B in 1950 payable in 1951.
Despite demand, B failed to pay. In 2011,
his daughter who recently became a lawyer
sent a demand for payment to B who sent a
letter acknowledging the debt and asked for
one (1) year to pay but failed to pay within
the extended period. A filed a complaint for
sum of money. How do you think the court
will decide?
a.
b.
c.
d.
186.
Dismiss the action due to prescription;
Dismiss due to laches;
Decide for A because there was a
waiver of prescription acquired by B.
(Art. 1112, NCC);
Dismiss on the ground of estoppel.
In 1980, during the lifetime of A’s parents
he executed a waiver of right over his future
inheritance in favor of his brother B. A
predeceased his parents. After the death of
his parents in 2010, B obtained a title over
the whole estate. Can A’s children recover
their father’s share?
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Civil Law Multiple Choice Questions
University of Cebu College of Law
a.
b.
c.
d.
UCLASS Bar Operations: Civil Law Society
No, because of prescription;
No, because of laches;
Yes, because laches cannot be set up to
resist enforcement of an imprescriptible
right, hence the children can vindicate
their inheritance despite the lapse of
time. (Azner Bros. Realty Corp. v. Heirs
of Calipan, 28 May 2004; Heirs of
Roman Injug-Tiro v. Casals, 363 SCRA
435);
No, because they were not paties to the
agreement, hence, they have no
personality. (Art. 1397, NCC).
b.
c.
d.
190.
OBLIGATIONS AND CONTRACTS
187.
a.
b.
c.
d.
188.
c.
d.
191.
b.
c.
d.
The action will not prosper because of
lack of demand by B for A to fulfill his
obligation;
The action will prosper because the
follow-up is the equivalent of demand
to comply;
The action will prosper because in
reciprocal obligations rescission is
implied in case of non-performance;
The action will prosper, otherwise, A
will enrich himself at the expense of B.
b.
A and B entered into a compromise
agreement dated April 29, 2007 and
approved on July 1, 2007. It states that A
will pay B the amount of P1M within one (1)
year from the execution of the agreement.
What is the reckoning point of the one (1)
year period?
a.
From the approval of the compromise;
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c.
d.
192.
Yes, because of delay in the payment of
the obligation;
Yes, otherwise the action to foreclose
might prescribe;
No, because the proper remedy is for
the bank to file an action for the fixing
of the period. (Art. 1197, NCC, Pacific
Bank v. CA, 5 May 1989);
Yes, because of the principle of solutio
indebiti.
A lent money to B with a penalty clause
providing for 6% per month. In case a suit
is filed, what do you think the court will do
with the penalty?
a.
b.
c.
d.
193.
No, because it is not an act of God;
Yes, because of the binding effect of
contracts;
Yes, because while the non-concurrence
is foreseeable, it is beyond their
control;
Yes, because of the principle of liberty
of contracts.
(Philcomsat Corp. v.
Globe Telecom, Inc. 25 May 2004;
Sicam v. Jorge, 8 August 2007).
A borrowed money from Metrobank and
executed a mortgage over his house and lot
as security. No period has been agreed
upon on the date of payment. Before the
lapse of ten (10) years, the bank foreclosed
the mortgage. Is the bank correct?
a.
A and B entered into a contract for A to
manufacture boxes to be used by B for his
export business. B paid the amount of P2M,
but A failed to manufacture the boxes
despite repeated follow-up of the immediate
production of the boxes. B filed a complaint
for reimbursement of the P2M.
a.
189.
Yes, because he assumed the obligation
voluntarily;
No, because he did not assume but
merely committed to take care of the
debt;
No, because the suspensive condition
did not happen;
Both B and C.
(Art.
1181,
NCC
–
conditional
obligation; acquisition of rights or
extinguishment of obligations depend
upon happening of event; Villanueva v.
Girged, 110 Phil. 478)
A and B entered into a contract, subject to
the condition that in case the Senate will
not concur in to the treaty, neither party
will be liable. The Senate rejected it. Can A
invoke force majeure or fortuitous event as
a ground to exempt himself from liability?
a.
b.
A owes B the amount of P1M. C wrote B
that he would take care of the obligation as
soon as A had made shipment of copra to
the USA. A failed to make the shipment. Is
C liable?
From the receipt of the judgment based
on compromise;
From the date of the execution of the
compromise;
15 days after receipt of the judgment.
(Santos Ventura Hocorma Foundation,
Inc. v. Santos, 5 November 2004).
It will declare it void because it is
contrary to law;
It will declare it void because it is
contrary to public policy;
It will reduce the penalty. (Art. 1229,
NCC);
It will declare the penalty void as it is
contrary to morals.
A entered into a contract of loan with B
secured by chattel mortgage. There was a
second contract of loan secured by a real
estate mortgage with the condition that the
latter will be an additional security for all
obligations of A with B. For failure to pay
For Private and Personal Use Only
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University of Cebu College of Law
UCLASS Bar Operations: Civil Law Society
the first, B foreclosed the chattel mortgage.
Is the foreclosure proper?
a.
b.
c.
d.
194.
Which of the following is not correct in
connection with the requisites of rescission?
a.
b.
c.
d.
195.
b.
c.
d.
199.
Nothing as there was no intention to
extinguish the obligation;
Nothing as B did not state his intention
to condone the obligation;
The delivery of the PN implies the
renunciation of the action which B had
against A; (Art. 1271, NCC)
Nothing as condonation must be
accepted.
b.
c.
d.
No, because it is violative of the
principle of mutuality of contracts;
No, because validity or compliance
cannot be left to the will of only one of
the parties;
Yes, it is fundamentally part of the
consideration in the contract. (Allied
Bank v. CA, January 16, 1998)
No, it is contrary to law.
The following
except:
a.
b.
c.
enumeration
is
correct,
Consensual contracts are perfected by
mere consent;
Real contracts are perfected by the
delivery of the object;
All contracts are perfected by mere
consent;
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a.
b.
Delivery of downpayment;
Delivery of earnest money;
c.
d.
Delivery of option money;
Delivery of a letter accepting the offer
with qualification.
(Art. 1319, NCC)
The following are correct in connection with
contracts of adhesion, except:
b.
c.
d.
200.
Prepared by only one of the parties and
the other merely affixed his signature;
They are void as they are one sided;
They are binding as ordinary contracts;
Due to their peculiar nature, their
validity is determined in light of the
circumstances
under
which
the
stipulations
are
intended.
(Sps.
Ermitaño v. CA, April 21, 1999)
An action pauliana is an action to rescind
contracts in fraud of creditors. The following
are its requisites, except:
a.
b.
c.
d.
201.
Even if the lessor is obliged to deliver
the thing leased, it is still a consensual
contract.
(Arts. 1315, 1316, 1654, NCC)
Consent in a contract is manifested by any
of the following acts, except:
a.
Is a stipulation in a contract of lease
granting the lessee an exclusive right to
renew the contract valid?
a.
197.
198.
It must be gratuitous;
It must be accepted by the obligor;
The obligation must be demandable.
(Art. 1270, NCC);
It can be unilateral.
A owes money to B evidenced by a PN
payable on A’s birthday. When A was
celebrating his birthday, B put the PN inside
an envelope and delivered it to A. What is
the effect of B’s act?
a.
196.
No, because of objective novation;
No, because with the execution of the
second, it extinguished the first;
No, because when the second was
executed,
the
incompatibility
extinguished the first;
Yes, because there was no extinctive
novation as there was no manifest
incompatibility of the two mortgages.
(People’s Bank v. Syvel’s,
Inc., 11
August 1989).
d.
Plaintiff asking for rescission has a
credit prior to the alienation although
demandable later. (Panlilio v. Victoria,
35 Phil. 706)
Debtor has made a subsequent contract
conveying a patrimonial benefit to a
third person.
Creditor has no other legal remedy.
The third person was not a party to the
fraud.
(Siquian v. Lim, November 19, 1999)
A is indebted to ABC Corporation in the
amount of P100M. Despite efforts to collect
from A, the latter failed to pay due to
business reverses as he has no more
assets. In order to maintain a more
accurate inventory of the worth of its
current assets, ABC Corp. was forced to
write-off A’s obligation. One (1) year later,
A won the lotto draw in the US in the
amount of $100M. Learning of the good luck
of A, it demanded for payment, but A
refused to pay contending that his
obligation was extinguished when it was
written-off. Is A correct?
a.
b.
A is correct because write-off is a mode
of extinguishing an obligation.
A is correct because write-off is a
compromise of liability.
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Civil Law Multiple Choice Questions
University of Cebu College of Law
c.
d.
202.
b.
c.
d.
d.
205.
The option is not binding since no
payment in the form of money was
delivered to X by Y.
The option is not binding because no
property or anything of value was
delivered to X by Y.
The
option
is
binding
as
the
consideration can be in an undertaking.
The option is not binding or void
because no consideration at all was
paid.
(Eulogio v. Apeles; Vda. de Quirino v.
Palarca; Serra v. CA)
b.
c.
d.
206.
b.
c.
d.
The stipulation is not valid because it is
contrary to public policy.
The stipulation is not valid because it is
contrary to law, as it is a restraint of
trade.
The stipulation is valid because of the
principle of mutuality of contracts.
The stipulation is valid because the
non-involvement clause provides for
time and place to prevent unfair
competition and advantage.
(Tiu v. Platinum Plans, Inc.)
When A’s obligation to B became due and
demandable, A offered to pay, but refused
to accept payment. State the remedies of A.
a.
b.
c.
A must make a tender of payment to B.
A must make a tender of payment and
deposit the amount in court.
A can go direct to court and deposit the
amount due in court.
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The complaint will not prosper because
the contract is not enforceable as it is
not in writing.
The complaint will prosper because a
contract can be valid in whatever form
it may be entered into.
The complaint will not prosper because
the contract is void as it was not put
into writing.
The complaint will prosper because of
the principle of mutuality of contracts.
A is a contractor, building roads for the
government which has not paid him P100M.
Before he filed his income tax returns, he
wrote a letter to the BIR Commissioner
proposing a set-off between the State and A
considering that his tax liability amounts to
P10M and the State has not paid him
despite demand. Is A correct?
a.
b.
c.
d.
207.
A must make a tender of payment,
deposit the amount in court and make
a subsequent notice.
A & B entered into an oral contract of sale
of A’s car worth P4.5M where the object was
supposed to be delivered upon payment of
the price. When A went to B’s house to pay
the price, the latter refused to sell hence, a
complaint for specific performance was filed
by A. will the complaint prosper?
a.
A was employed by ABC Co. as manager in
Metro Manila subject to the condition that if
A will be severed from the company,
voluntarily or involuntarily, he cannot get
involved in any business of the same nature
with ABC’s business in Metro Manila within a
period of six (6) months from severance. Is
the stipulation valid?
a.
204.
A is correct because write-off is a
condonation of an obligation.
A is not correct because in making the
write-off, only the creditor takes action
by removing the uncollectible account
from its books even without the
approval or participation of the debtor,
hence, there is no extinguishment of
the obligation. (Reyna, et al. v. COA,
G.R. No. 167219, February 8, 2011)
X communicated to Y that he was selling his
house and lot and gave him an option to
buy the same up to the end of the month of
September. Y accepted the offer with an
agreement that Y will allow X to stay in his
house in Los Angeles, California during
Christmas time that year. Is the option
binding upon X?
a.
203.
UCLASS Bar Operations: Civil Law Society
A is correct because the State and A
are mutually debtor and creditor of
each other.
A is not correct because tax is the life
blood of the government.
A is correct, otherwise, the State would
enrich itself at the expense of A.
A is not correct because a tax is
different from an ordinary debt, and
they are not mutually debtors and
creditors of one another.
A is indebted to B in the amount of P2M.
When the obligation became due and
demandable B delivered to A his car and A
accepted it. A month later A sued B for sum
of money. Can B interpose the defense of
dacion en pago?
a. B can interpose the defense of dacion
en pago, because of the acceptance of
the object.
b. B can interpose the defense of
extinguishment of the obligation by way
of novation.
c. B can interpose the defense of novation
since the delivery of the car resulted in
a change of relationship.
d. B cannot interpose the defense of
novation because novation cannot be
presumed, it must be expressly agreed
upon.
(Phil. Lawin Bus Co. v. CA; 1245)
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55
Civil Law Multiple Choice Questions
University of Cebu College of Law
208.
b.
c.
d.
b.
c.
d.
211.
213.
214.
b.
c.
d.
215.
b.
party primarily or subsidiarily bound;
(Art. 1397, NCC)
What is the remedy of a party whose right
of first refusal to buy a property was
violated?
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&
Co.
v.
Giving of downpayment;
Giving of earnest money;
Giving of option money;
Accepting the offer.
(Art. 1319, NCC)
b.
c.
d.
statements
are
correct,
A right of first refusal is without any
consideration;
In granting a right of first refusal, the
period has yet to be determined at a
future time;
In granting a right of first refusal, the
amount to be paid will be determined at
a future time;
A right of first refusal must be
supported by a consideration in the
form of money to be binding. (Vasquez
v. CA)
All the
except:
a.
statements
below
are
correct,
An option contract is separate and
distinct from the contract of sale;
An option contract must be supported
by consideration distinct from the price;
An option contract can only be
supported by consideration in the form
of money;
An option contract can be supported by
consideration in the form of an
undertaking.
(Eulogio v. Apeles, January 20, 2009;
Vda. de Quirino v. Palanca; Serra v.
CA; Sanchez v. Rigos)
216.
Who may file an action to annul a contract?
ny person;
ction for rescission;
(Guzman,
Bocaling
Bonnevide)
The following
except:
a.
ABS-CBN can rescind the contract
because of material breach committed
by WR.
WR can rescind the contract due to
violations committed by ABS-CBN.
The court will not grant rescission
because of mutual breach.
The court will not rescind the contract,
but will just temper the award of
damages in its judgment.
(1193)
ction for declaration of nullity of the
contract;
In which of the following is a contract of
sale not perfected?
a.
b.
c.
d.
B is correct because the contract has
been partially executed due to the
agreement that the P5,000.00 paid for
their
dinner
constituted
the
downpayment.
B is not correct since the contract is
unenforceable as it was not put to
writing.
A is wrong because the contract is
unenforceable as there was no payment
of the price.
The contract is valid because it has all
the elements of a valid contract.
(Asia Productions, Inc. v. Paño)
What is the remedy if a document does not
reflect the true intention of the parties?
a. File an action to annul;
b. File an action to nullify;
c. File an action for reformation;
d. File an action to enforce.
a.
212.
b.
ABS-CBN entered into a contract with WR
under certain terms and conditions. Both
parties violated their contract, to the extent
that WR transferred to another station
despite the contract.
a.
210.
a.
A called up B that he was selling his house
and lot for P10M. Within one (1) hour after
B accepted the offer, he invited A for dinner
at the Manila Hotel where B paid the dinner
in the amount of P5,000.00. They agreed
that the P5,000.00 was the downpayment.
A receipt for the payment of P5,000.00 for
the dinner was issued. When A refused to
sell, B sued for specific performance. Is B
correct?
a.
209.
UCLASS Bar Operations: Civil Law Society
A
A
A and B entered into a contract for A to
construct a 20-door apartment for B.
Payment shall start after the construction of
ten (10). A subsequent agreement was
entered into that payment will start after
c. The State
construction
as protector
of seven
of the(7).
rights
What
of its
is the
citizens;
effect
of the subsequent agreement?
d. Heirs of a party.
a. It is extinguished the obligation partly
because of novation;
b. It is a modificatory novation as there
was a change in the principal terms and
conditions of the contract;
c. It is an extinctive novation as the two
(2) agreements are incompatible;
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UCLASS Bar Operations: Civil Law Society
d.
It did not alter the relationship as it has
no effect at all.
(Tomimbang v. Tomimbang, August 4,
2009)
217.
A entered into a contract of sale over B’s
house and lot but since there is a balance
which remained unpaid, A executed a
mortgage over the house and lot. A failed to
pay. Can B rescind the contract?
a.
b.
c.
d.
b.
c.
d.
220.
Yes,
because
of
material
and
substantial breach;
Yes, because there was delay in the
payment of the price;
No, because the relationship is no
longer that of buyer and seller, but
mortgagor and mortgagee.
No, because the remedy is to foreclose
the mortgage, rescission not being the
principal
remedy,
but
merely
subsidiary.
(Art. 1383, NCC)
218.
A, was a consistent scholar at a prestigious
university enjoying free tuition fees, books,
clothing and housing allowances and was
given a cash allowance of P25,000.00 per
month. Due to some family problems, he
decided to go back to General Santos City
and enrolled at Holy trinity College, but
before he could obtain his credentials, he
was required to refund the amount of
P300,000.00 equivalent to the privileges he
enjoyed as that was the condition in the
scholarship grant. Can he recover the
amount?
a.
b.
c.
d.
219.
No, because the contract is the law
between the parties;
No, because of the principle of
mutuality of contracts;
Yes, because the stipulation is contrary
to morals and public policy. (Cui v.
Arellano Univ., May 30, 1961; Art.
1306, NCC)
No, because of the principle of solution
indebiti.
X brought a house and lot from Y valued at
P5M. He paid P3M and for the balance, he
executed a promissory note with interest at
10% to be paid within 90 days. ABC
Corporation executed a surety for the
balance. X failed to pay, hence, ABC paid
the amount and sued X for the interest and
the principal. X contended that he is not
bound due to novation when Y accepted the
security. Is X correct?
a.
Yes,
because
there
is complete
incompatibility between the PN and the
surety bond;
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State the effect of illegal or immoral
conditions in donations con causa onerosa.
(onerous donations.)
a.
b.
c.
CONTRACTS
d.
221.
The condition is considered as not
imposed regardless of whether negative
or positive;
Since the donations are governed by
the law on contracts, the impossible or
illicit conditions annul the obligation
dependent upon the condition where
the
condition
is
positive
and
suspensive;
The illegal condition annulled the
donation/contract
even
if
the
impossibility merely supervened;
Impossible or illegal conditions do not
annul totally the obligations which
depend upon them.
(Art. 1183, NCC – Illegal or impossible
conditions annul the obligation which
depends upon them.)
A sent a document letter to B and obligated
himself to give him P10M when he will feel
like doing it. A year later, B wanted to
enforce the commitment of A. What would
be your advice if you were the counsel?
a.
b.
c.
d.
222.
No, because the two contracts, PN and
surety can stand together, the surety
being merely an accessory to the
original contract;
Yes, because of implied novation;
Yes, because the surety is a new and
separate contract.
I would advice him to enforce it
because the letter is akin to a contract;
I would advice him to enforce it
because the letter is a source of a
demandable obligation;
I would not advice him to enforce since
the promise is void as the performance
depends upon the sole will of A; (Art.
1182, NCC)
I would advice him to enforce because
the
letter
is
an
express
acknowledgment of an obligation.
A and B entered into a contract of sale over
A’s property. The document that evidences
the contract did not state how much was
paid, but A delivered the property to B.
What is the nature of the contract?
a.
b.
c.
d.
Void;
Valid;
Unenforceable;
Rescissible.
(Art. 1354, NCC, there is a presumption
of consideration even if the document
that evidences the contract does not
state how much was paid.)
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Civil Law Multiple Choice Questions
University of Cebu College of Law
223.
A school granted scholarship to EC but
subject to the condition that if he will
transfer to another school, he will refund all
benefits he has already enjoyed. Is the
stipulation valid?
a.
b.
c.
d.
224.
b.
c.
d.
b.
c.
d.
229.
b.
b.
c.
d.
c.
d.
230.
Where the stipulation is contrary to
law, public order, public policy, morals;
Where the object is inexistent;
Where the price or consideration is not
reflected
in
the
document
that
evidences that contract;
Where the stipulation refers to an
impossible condition.
(Art. 1409; 1354, NCC)
Note: There is a presumption of
consideration even if the document that
evidences the contract does not reflect
the price or consideration. (Art. 1354,
NCC)
What is the nature of a contract where the
buyer did not pay the price?
a.
b.
c.
d.
Void;
Rescissible
Voidable;
Unenforceable.
(Arts. 1534; 1592, NCC)
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Can file an action to declare the
contract void;
Can file an action to rescind the
contract;
Can file an action to enforce and collect
the balance;
Can file an action to rescind.
(Art. 1191, NCC)
Note: Rescission is not the proper
remedy, otherwise it will result in
unfairness, and that the breach is not
material, but slight only.
X, Y & Z entered into a contract of loan with
A obligating themselves solidarily to pay to
A without need of demand on June 16. A
condoned X’s obligation; Y is insolvent. How
much can A collect if the amount is
P900,000.00?
a.
Liability is based on contract;
Liability is based on crime;
Liability is based on tort;
there is no basis for liability of A die to
lack of privity.
(Art. 1314, NCC)
The following are void contracts, except:
a.
227.
Yes, because the contract is valid in
any form;
Yes, because the delivery of the check
in an evidence of perfection;
Yes, because of the principle of
mutuality;
No, unless the proceeds of the check
shall have been delivered.
A sold his house and lot to B for P10M
payable in 10 monthly installments. B paid
P9M but failed to pay the last installment.
What is the remedy of A?
a.
A induced B to violate his contract with C
resulting in damage to C. Under what rule is
A liable for damages?
a.
b.
c.
d.
226.
228.
Yes, because of the principle of
mutuality of contracts;
Yes, because of the principle of
relativity of contract;
No, because it is contrary to morals and
public policy;
No, because it is contrary to law.
(Cui v. Arellano University)
When A borrowed money from B, the latter
gave him a check for P10M as it was a
Sunday. Was the contract of mutuum
perfected?
a.
225.
UCLASS Bar Operations: Civil Law Society
The full amount because anyone of the
solidary debtors can be required to pay.
P300,000.00
because
of
the
condonation and insolvency of two (2)
of the solidary debtors.
P600,000.00 by suing X & Z where Z
will pay P300,000.00 plus P150,000.00
as his share in Y’s obligation and where
X will pay P150,000.l00 as his share in
Y’s obligation, but with a right of
reimbursement.
P900,000.00 chargeable against Z but
with right of reimbursement.
X and Y executed a contract of lease, which
provides as follows: “In the event that the
lessee fails to pay on or before the due date
of payment herein specified, the contract is
deemed automatically terminated” and the
lessee can be evicted without need of
judicial order. Suppose that Y, the lessee
fails to pay the rentals after giving a
demand letter, may X, the lessor evict Y
immediately?
a. No, because it is a principle in law that
a person cannot take the law into his
own hands.
b. No, because judicial order is required.
c. Yes, because X, as the owner has a
superior right to possess the property.
d. Yes, under the principle of mutuality of
contract.
(By the Bay Inc. case)
ESTOPPEL AND TRUST
231.
A has in his possession B’s car. He sold it to
C without the consent of B, but one day
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thereafter B sold the same car to B. Who is
the owner of the car?
a.
b.
c.
d.
232.
b.
c.
d.
235.
B can claim to be the exclusive owner
being the registered owner.
B is holding the property for the
conjugal partnership since there is a
presumption of conjugality of a
property acquired by onerous title
during the marriage.
B is holding the property in trust in
favor of A.
B can properly contend that the
property shall be divided into two(2)
upon the dissolution of their marriage.
(Art. 1448, NCC)
c.
d.
236.
b.
c.
d.
A is not correct because he is merely a
trustee in an express trust.
A is not correct because he did not
repudiate the trust, it being an express
trust.
A is correct due to laches, B & C having
kept silent for so long.
A is correct because one year after the
registration of the property, his title
became indefeasible.
A is the owner of a parcel of land covered
by TCT No. 1. Through an oral agreement
between B & A. A agreed that the property
be registered under the name of B so that
he can use it in securing a loan with
Metrobank. When A sought to recover the
property from B, the latter refused
contending that he was the owner of the
same. Is the contention of B correct?
a.
b.
B is correct because his ownership is
evidenced by a title.
B is wrong because he is holding the
property merely in trust for A.
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B is correct because A cannot prove
that there is trust considering that the
same was not put into a public
instrument.
A can recover and prove that there was
trust even if not in a public instrument
because the requirement is merely for
purposes of convenience.
With abuse of confidence, A was able to
register a real property belonging B in 1990.
B discovered it in 2011. Can B file an action
to recover his property?
a.
b.
Yes, because the title of A is void;
Yes, provided that he files an action
within four (4) years from the discovery
of the act of A;
No, because the action has prescribed
as 10 years have already passed since
the registration of the property;
Yes, because there was no act of
repudiation of the trust.
Which of
correct?
a.
b.
In 1990, A, B & C purchased a real property
but agreed that the same be registered
under the name of A. In 2009, B & C asked
for partition, but A contended that he was
already the exclusive owner more than 20
years on the ground of laches having lapsed
since the registration of the property under
his name. Is A correct?
a.
234.
d.
A & B are married. Out of the inheritance of
A in the amount of P10M, they bought a
house and lot and registered it under the
name of B. State the relationship between A
& B?
a.
233.
B because the sale by A to C is void;
C, because A’s title which he acquired
from B passed to C by operation of law;
B because A could not have sold what
he did not own;
C because of estoppel.
(Art. 1434, NCC)
c.
c.
d.
the
following
statements
is
A verbal trust on immovable is void;
Verbal trust on immovable may be
proven as the requirement that it be in
writing is not for its validity but for
purposes of enforceability;
Verbal trust on immovable cannot be
waive since the law requires it to be in
writing which is mandatory;
Verbal trust on immovable cannot be
proven in court as it is covered by the
Statute of Frauds.
(Penalber v. Ramos, January 30, 2009)
SALES
237.
A sold a car to B on installment basis
secured by a chattel mortgage over the
thing and a promissory note co-signed by C.
A failed to pay four (4) monthly
installments. Under the contract in case of
non-payment, the vendor can exercise any
of the remedies under Art. 1484, NCC and
in case of deficiency, the seller can recover
the balance. What is the remedy of A?
a.
b.
c.
A can file an action for the foreclosure
of the mortgage and recover the unpaid
balance because of the contract.
A can foreclose the mortgage and
recover the unpaid balance because the
Chattel Mortgage Law does not prohibit
recovery.
A can foreclose the mortgage but
cannot recover the unpaid balance
because it is absolutely prohibited by
law.
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University of Cebu College of Law
d.
238.
b.
c.
d.
The contract is void because the right is
a mere expectancy since the estate has
not yet been divided.
The contract is valid only if the court
approves it.
The contract is valid because the
condition that it be approved by the
court
is
a
mere
condition
for
performance.
The contract is void because approval
of the court must be obtained before
the sale.
(Santos v. CA; Art. 777, NCC – not for
validity)
A sold a parcel of land covered by TCT No. 9
to B. At the time of the sale, B knew that C
has been in possession of the parcel of land
as early as 10 years before the sale. B
however checked with the Registry of Deeds
and found the title to be clean. Is B a buyer
in good faith?
a.
b.
c.
d.
240.
A can foreclose the mortgage and can
recover the unpaid balance from C
since B & C are solidarily liable.
(Art. 1484, NCC; Recto Law; Magna
Financial Services, Inc. v. Colorina)
d.
241.
A entered into a contract of sale over his
undivided 1/5 of the estate of his father
during the pendency of the intestate
proceeding with the condition that the same
shall be approved by the intestate court. Is
the contract valid?
a.
239.
UCLASS Bar Operations: Civil Law Society
a.
b.
c.
The contract is rescissible, for failure of
B to pay.
The contract is void for failure to pay
the price.
A does not need to perform an act of
rescission because the payment of the
price is a positive suspensive condition,
the happening of which would result in
A executing the deed of sale.
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A & B entered into a contract of sale, A,
obligating himself to deliver his house and
lot to B who obligated himself to pay P2M
upon delivery. B has already paid, but A has
not delivered the house and lot despite
demand. State the remedy of B.
a.
b.
c.
d.
B can sue A for rescission of the
contract because of breach of contract.
B can sue A for rescission because of a
material breach.
B can sue A for rescission because of
lesion.
B can sue A for declaration of nullity of
the contract.
242.
What is the nature of a contract which
states that in case the buyer complies with
the terms and conditions of the same, the
seller shall execute and deliver to the buyer
a deed of sale?
a. Contract of sale ;
b. Contract to sell;
c. Conditional sale;
d. Installment sale.
243.
X and Y entered into a contract of sale over
a parcel of land with an area of 4,000
square meters more or less. When the title
was issued, it was 14,475 sq. meters. The
buyer contended that he owned the whole
lot of 14,475 sq. meters as it was sold in
lump sum, hence, the seller should deliver
the whole lot. Is the buyer correct?
B is a buyer in good faith because at
the time of the sale, the title was clean.
B is a buyer in good faith because he
merely relied upon the face of the title.
B is not a buyer in good faith because
he had actual knowledge of facts and
circumstances that would impel him to
make inquiry into the status of the land
due to the presence of C.
B is a buyer in good faith because there
was no annotation of C’s right if there
be any.
(Mirror Doctrine)
A is the owner of a parcel of land. He
entered into a contract to sell with B with an
obligation to pay the price within one (1)
year. B failed to pay. State the effect of
non-payment.
A can go to court and compel B to pay.
a.
b.
c.
d.
244.
The buyer is correct because in sale in
lump sum, the whole property is sold
regardless of the area;
The seller can be compelled to deliver
the 14,475 sq. meters because it is
covered by the phrase “more or less”;
The seller cannot be compelled to
deliver the 14,475 sq. meters because
the phrase “more or less” covers only a
reasonable excess deficiency;
The seller can be required to deliver the
14,475 sq. meters because the
numerical data are not the sole gauge
of unreasonableness of the excess or
deficiency in area.
A, B, C, D are the co-owners of a parcel of
land. A sold his undivided share to X with
the knowledge of his co-owners. One (1)
year after the sale, they wanted to exercise
the right of legal redemption, but A and X
refused. Whose contention is correct?
a.
They are not entitled to exercise the
right of legal redemption because the
30-day period has already lapsed as
they knew of the sale;
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b.
c.
d.
245.
246.
a.
Yes, even if there is gross inadequacy.
b.
c.
d.
Voidable;
No, because the price is simulated.
Unenforceable.
(Art. 1471, 1470, 1602, NCC)
d.
249.
c.
d.
Valid and relatively simulated contract
but can be reformed.
Void as there is total lack of
consideration.
Voidable due to lack of consideration.
Unenforceable.
(Art. 1471; 1359; Macapagal v.
Remorin, 458 SCRA 652)
b.
c.
d.
250.
A sold his house to B for an agreed price.
Before it could be delivered it was hit by
lightning and it was totally lost. State the
effect of the loss.
a.
a.
b.
b.
c.
d.
A bears the risk of loss as he has not
yet vested ownership to B.
A has to bear the risk of loss because
he was in possession of the house at
the time of loss.
B bears the risk of loss as an exception
to the principle of res perit domino;
A has to bear the risk of loss since he
was negligent.
(Art. 1480; 1265, NCC)
Buyer assumes the risk of loss due to
fortuitous event and without A’s fault
before he incurs in delay.
The reason is because he is also
entitled to any benefit if there is an
increase and vice versa.
What is the nature of an earnest money?
a.
b.
c.
Same as option money.
It is proof of an intention to buy.
It is actually a partial payment of the
purchase price and considered as proof
of the perfection of the contract.
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c.
d.
251.
(Topacio v. CA, 211 SCRA 219;
Laforteza v. Machuca, 333 SCRA 642)
It forms part of the consideration even
if the sale is not perfected or
consummated. (Chua v. CA, 401 SCRA
54)
(It forms part of the purchase price
only if the sale is consummated and
perfected. It is deducted from the
price.)
A entered into a contract of sale with pacto
de retro over B’s house & lot. The house is
valued at P10M. B failed to exercise the
right to repurchase. State the effect of B’s
failure to exercise the right to repurchase.
a.
A and B entered into a contract of sale over
A’s house but did not reflect the actual
purchase price. What is the nature of the
contract?
b.
248.
They can exercise the right of legal
redemption within 20-days from receipt
of written notice of the sale;
They cannot exercise the right of legal
redemption because knowledge of the
sale is not equivalent to registration
hence, the 30-day period has already
lapsed;
They cannot exercise the right of legal
redemption due to estoppel.
(Art. 1623; Si v. CA)
A sold his house and lot to B worth P1M for
P100,000.00. Is the sale valid?
a.
247.
UCLASS Bar Operations: Civil Law Society
B can consolidate his ownership to
become the owner.
B need not consolidate his ownership
because by the mere lapse of the
period to repurchase, he became the
owner.
B cannot consolidate his ownership
because that would amount to pactum
commissorium.
B cannot sell the property as he is the
owner.
(Art. 1607, NCC)
A, a practicing lawyer represented B in the
intestate proceedings of his father. The
agreement is on a contingency basis as B
did not have money to pay the services of
A. To secure the payment of B’s obligation,
they executed a mortgage over ¼ of what B
will receive from the estate of his father. Is
the mortgage valid?
Yes, because what is prohibited by law is
sale between the client and the lawyer;
Yes, because it merely serves as security for
the payment of an obligation;
No, because even if what is prohibited by
law is sale, it is a circumvention of the law;
Yes, because of the liberty of contracts.
A obtained a loan from B. To secure the
payment of the obligation, A delivered the
warehouse quedans to B and authorized
him to sell the sugar in case of default. The
warehouse and the sugar were burned. Who
bears the loss?
a.
b.
c.
d.
B bears the loss because he became
the owner of the sugar when the
quedans were delivered to him;
B because of the principle of res perit
domino;
By reason of the principle of res perit
domino A bears the risk of loss;
B because of the constructive delivery
of the sugar.
(Delivery of the quedan was merely to
secure the payment of the debt.)
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CONDOMINIUM LAW; PD 957; MACEDA LAW
RA 6552
252.
In the following, there is no need for the
issuance of a license to sell, except:
a.
b.
c.
d.
253.
a.
b.
c.
d.
255.
b.
c.
d.
c.
d.
257.
258.
He has the right of reimbursement of
all his payments regardless of the
number of years of payment;
He has the right to seek for a grace
period of 1 month for every year of
installment payments;
He has the right of refund of the cash
surrender value of the payments on the
property equivalent to 50% of the total
payments made;
He has the right of reimbursement of
100% of his installments after payment
for five (5) years.
(Note: Limit of reimbursement after
payment for 5 years is 90%.)
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10 days
30 days
20 days
One (1) year
How often can the buyer under the Maceda
Law make use of the grace period of one (1)
month for every year of installment
payments?
a.
b.
c.
d.
259.
Yes, with additional interest he can pay
the unpaid installments due with a
grace period of one (1) month for every
year of installment payments;
Yes, without additional interest he can
pay the unpaid installments with a
grace period of one (1) month for every
year of installment payments;
Yes, provided that he pays additional
amount of penalty;
Yes, provided that he pays the full
amount of the price.
(Maceda Law)
If the seller cancels the contract to sell
under the Maceda Law, when will it take
effect after receipt of notice of cancellation
or demand for rescission by notarial act?
a.
b.
c.
d.
He is given a grace period of 20 days
for every year of payment;
He is entitled to 50% reimbursement of
payment;
There may be cancellation of the
contract 30 days after receipt of notice
of cancellation;
All payments are forfeited.
(Sec. 24)
A entered into a contract to sell over a
residential lot. He has already paid more
than 2 years installments. Thereafter, he
failed to pay. What right does A have if the
contract is cancelled?
a.
b.
Total amount paid;
25%;
50%;
Total amount paid including interest but
excluding delinquency interest at the
legal rate.
The following rules are correct in case the
buyer of a subdivision lot fails to pay the
installments, except:
If the buyer of a subdivision lot in a contract
to sell under the Maceda Lawfails to pay
after payment of at least two (2) years of
installments, can he still pay the balance?
a.
Sale of subdivision lot resulting in the
partition by co-owners;
Sale of the original purchaser of a
subdivision lot or his heirs;
Sale by a subdivision developer;
Sale of a subdivision lot for the account
of the mortgagee.
(Sec. 7, PD 957)
If there is a subdivision lot buyer and there
is no development and he does not pay, to
what extent can he ask for reimbursement
of his payments?
a.
b.
c.
d.
254.
256.
Every 10 years of the life of the
contract and its extensions if any;
Every five (5) years of the life of the
contract;
Every two (2) years of the life of the
contracts;
There is no limit.
Note: Down payments, deposits or
options on the contract are included.
If the buyer under the Maceda Law has paid
less than two (2) years of installments,
what is the grace period he is entitled to
from the date the installments became due?
a.
b.
c.
d.
20
60
30
40
days;
days;
days;
days.
LEASE
260.
A & B entered into a contract of lease over
A’s house and lot. Without the consent of A,
B assigned the lease to C. Is the assignment
valid?
a.
The assignment is valid because B has
the right of possession over the leased
property and can transfer it to anyone.
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Civil Law Multiple Choice Questions
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b.
c.
d.
261.
c.
d.
A can sue C for the rentals.
A can hold C liable for the rentals by
suing him for ejectment.
A can hold C liable for the rentals, but
the liability is merely subsidiary.
A can never make C liable for the
rentals because of lack of privity
between them.
(Art. 1652, ; Wheelers’ Club Int’l. v.
Bonifacio)
A contract of lease was entered into
between A & B with a provision that it is for
a period of 5 years renewable for another 5
years. The contract expired on June 30,
2010 but up to now, the lessee is still in
possession of the premises. What does the
implicit renewal of the contract mean?
a.
b.
c.
d.
263.
The assignment is void because of lack
of consent of A.
The assignment is void because the
same partakes of the nature of
subjective novation which needs the
consent of A.
The assignment is valid since it is a
property of B which can be disposed of.
(Art. 1649, NCC; Rodrigo Bangan v.
CA)
(Art. 449, NCC)
264.
A leased his house and lot to B with “option
to renew.” How will the contract be
renewed?
a.
b.
c.
d.
A leased his house & lot to B who subleased
it to C. B failed to pay the rentals. What
does A have against C?
a.
b.
262.
UCLASS Bar Operations: Civil Law Society
That all the provisions of the contract
relative germane to possession are
renewed.
That the period originally agreed upon
shall likewise be the period in the
renewed contract.
That the right to purchase agreed upon
in the original contract is impliedly
renewed.
That all the provisions of the original
contract are carried over into the
impliedly renewed contract.
(Conchita Vda. de Chua v. CA)
PARTNERSHIP
265.
b.
c.
d.
A can appropriate the house without
paying any compensation.
A can eject B.
B is entitled to at least 50% of the
value of the house in the interest of
justice and inorder that no one shall
enrich himself at the expense of
another.
A can compel B to buy the land even if
the value is considerably more than the
value of the improvement.
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A partnership begins from:
a.
b.
c.
d.
266.
d.
267.
Conclusive evidence of partnership;
Prima facie evidence of partnership;
Does not establish a partnership
whether or not the persons sharing
them have a joint or common right in
any property upon which the returns
are derived.
Disputable presumption of partnership.
(Art. 1769, NCC)
A, B and C formed a partnership with C
contributing
an
immovable,
but
no
inventory of such immovable was attached
to the contract. Is the contract valid?
a.
b.
c.
d.
268.
The moment of the execution of the
contract;
The moment of the notarization of the
document of partnership;
The registration with the SEC;
The moment all contributions are paid.
(Consensual contract)
What does the sharing of gross returns in a
business undertaking mean?
a.
b.
c.
A is the owner of a parcel of land adjoining
B’s lot. B, knowing that the lot did not
belong to him constructed his house on the
lot belonging to A. Which of the following is
the not correct?
a.
At the option of B;
At the option of A;
Automatically;
Upon agreement of A and B as it must
be interpreted to be reciprocal in
character where the renewal is subject
to agreement of the parties.
(lc & Co. & Agro-Industrial Corp. v.
Huang, March 7, 2002)
The contract is valid because a contract
is valid in any form it may be entered
into;
The contract is voidable;
The contract of partnership is void;
The contract is unenforceable.
(Art. 1773, NCC)
A, B and C are the partners. A conveyed to
X his whole interest in the partnership.
What is the effect of the conveyance?
a.
b.
c.
d.
It dissolved the partnership;
The assignee became a partner;
The assignee has the right to interfere
in the management or administration of
the partnership business;
Merely gave him the right to receive his
shares in the profits (Art. 1813, NCC)
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Civil Law Multiple Choice Questions
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269.
c.
d.
d.
272.
May be removed at anytime;
May be removed with just or lawful
cause by majority of the partners;
May be removed for just and lawful
cause
by
a
vote
of
partners
representing controlling interest ;
May be removed by order of the court.
(Art. 1800, NCC).
If a partnership has a capital of more than
P3,000.00 and it is not registered, is the
contract valid?
a.
b.
c.
271.
a.
When may a partner who was appointed as
manager in the articles of partnership be
removed?
a.
b.
270.
UCLASS Bar Operations: Civil Law Society
Void;
Voidable;
It does not invalidate the same as
among the partners so long as the
contract has the essential requisites.
Unenforceable.
(Sung-Chan v. Chua, August 15, 20010
The main purpose of registration is to
give notice to third persons and it can
be
assumed
that
the
members
themselves knew of the contents of
their contract.
In connection with the rule of mutual
agency of the partners in a partnership
which of the following is not correct?
a. Partnership is liable to every partner for
amounts disbursed on behalf of the
partnership, plus interest, from the
time the expenses are made; (Art.
1796, NCC)
b. Unless otherwise agreed upon, all
partners shall be considered agents and
whatever any one of them may do
alone binds the partnership; (Art.
1803(1); Art. 1818)
c. Anyone of the partners may make
important alterations on the immovable
property of the partnership; (Art. 1803,
NCC)
d. Admission or representation made by a
partner concerning partnership affairs is
evidence against the partnership. (Art.
1820)
Note: None of them can make any
alterations in the immovable property,
even if useful to the partnership,
without the consent of the others. If
the refusal is manifestly prejudicial to
the partnership, courts’ intervention
may be sought. (Art. 1803)
When is solidary liability in partnership
provided for by law?
b.
c.
d.
AGENCY
273.
P appointed A, his agent to manage his
business in the United States of America. A
died and his son, S, managed the same
until P could appoint another agent to
personally take over. The agency of S is one
based on:
a.
b.
c.
d.
274.
a.
b.
c.
d.
275.
No, because the legal principle than
becomes applicable is caveat emptor.
Yes, because while the agent acted in
his own name but the agency involves
a thing belonging to the principal.
No, since in the law on agency, the
Rule is that if the agent acted in his
name, the principal is bound to the
third person and the third person does
not become bound to the principal.
No, because the contract is already
perfected and executed.
(Art. 1883)
A special power to sell on credit includes the
power to:
a.
b.
c.
d.
276.
Ratification;
Necessity;
Estoppel;
By operation of law.
P appointed A, his agent for the purpose of
selling the former’s car for P500,000.00. A
sold the car in his name to B. After delivery,
it was found out that the car has hidden
defects which rendered the car unfit for the
purpose of B. Can B file an action against P
even if A acted in his own name?
Mortgage
Sell in cash
Barter
To enter into a contract of pledge.
In an agency to sell real property which of
the following renders the authority and
contract of sale valid?
a.
b.
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If there is a tortuous act committed by
a partner causing damage to third
person.
If it was the partnership that
misapplied or misappropriated the
money or property.
If money was received by the agent of
the partnership acting within the scope
of his authority, but the same was
misapplied or misappropriated.
All of the above.
General power of attorney, granting the
agent authority to sell real property,
not put into writing.
General power of authority put into
writing without authority to sell.
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Civil Law Multiple Choice Questions
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c.
d.
277.
b.
c.
d.
281.
Void;
Unenforceable;
Voidable;
Valid and binding upon the principal.
No, because the agent acted beyond
the scope of his authority.
Yes, because the sale in cash redounds
to the benefit of Donna. Hence, despite
violation of the authority given, the sale
is valid.
Yes, because Donna as principal is
always bound by the act of his agent,
Joyce.
No, because the agent violated the
terms of the authority given to her.
b.
c.
d.
No, because the letter-authority must
be in a public instrument.
No, because the letter-authority must
be participated in a notary public.
Yes, because it is sufficient that the
letter-authority be in writing.
No, sale in invalid.
b.
c.
d.
b.
c.
No partnership was constituted because
the word “limited” was omitted in the
partnership name.
B and C as limited partners are liable
only up to the extent of their
contributions.
All are liable as general partners.
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No, because when A decided not to sell,
his agency was terminated;
No, because he was not the procuring
cause;
Yes, because A acted in bad faith.
(Infante v. Cunanan, 49 O.G. 3320;
Art. 19, NCC)
Yes, because he did not give justice to
B in the exercise of his right.
(Authority was terminated.)
Negotiorum Gestio
282.
What is not a requirement for existence of
negotiorum gestio?
a.
b.
c.
d.
283.
A, B and C formed a limited partnership.
They named their partnership AB&C. In
2008, the firm incurred an indebtedness of
P5M. A suit was filed for the recovery of
debt. Which of the following statements is
correct?
a.
A, B and C are not liable because there
was a defect in the formation of their
partnership.
A constituted B as his agent to sell his
property. B found C as the buyer who was
willing to buy under the terms agreed upon
but suddenly A changed his mind and
decided not to sell the property. One week
later, A and C, entered into a contract of
sale over the property. Is B entitled to
commission?
a.
A wrote his brother B authorizing the latter
to sell a parcel of land belonging to him
located in Cagayan Valley. On the strength
of such letter-authority, B sold the land. Is
the sale valid?
a.
280.
d.
Donna, authorized her friend Joyce to sell
his Prada bag worth P100,000 on
installment basis. Joyce, however, sold the
bag on cash in contravention of the
authority given to her. Was the sale valid?
a.
279.
A special power of attorney put into
writing authorizing the agent to sell real
property of the principal.
Special power of attorney couched in
general terms without referring to
specific acts of dominion.
Under the law on agency, what is the nature
of the act when an agent violates the terms
of the agency and acts outside the scope of
the authority vested in him?
a.
b.
c.
d.
278.
UCLASS Bar Operations: Civil Law Society
A sold a parcel of land to B covered by TCT
NO. 152 with C as a witness. When D
wanted to buy a property, he executed a
special power of attorney for E to buy a
property for him. E entered into a contract
of sale with A for the purchase of the same
lot and registered it under the name of D.
Who between B and D has a better right
over the lot?
a.
b.
c.
d.
284.
A property or business is neglected or
abandoned by the owner.
A person has been constituted manager
of the property or business so
abandoned.
The management of the owner’s
business was assumed by another not
an owner or manager so authorized.
The management exists only until the
incidents giving rise thereto cease.
(Note: There is agency.)
D has a better right because of prior
registration;
B has a better right because he is the
first buyer;
D has a better right because he is the
buyer in good faith;
D has a better right because the
knowledge by his agent of a prior sale
is immaterial.
When is the guarantor
obligation of the debtor?
liable
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Civil Law Multiple Choice Questions
University of Cebu College of Law
a.
b.
c.
d.
285.
Once the obligation becomes due and
demandable;
Only after judgment is obtained against
the principal debtor and he is unable to
pay; (Baylon v. CA, August 17, 1999)
The moment the judgment against the
debtor becomes final and executory;
Once demand is made for both the
debtor and guarantor to pay.
(JN Dev. Corp. v. Philguarantee, August
31, 2005)
c.
d.
No, because he is a voluntary payor;
No, because judgment has yet to be
obtained against the debtor;
No, because he has not been able to
exercise the benefit of excussion;
Yes, because the benefit of excussion is
a right granted to him which can be
waived.
(Art. 2058, NCC; JN Dev. Corp. v.
Philguarantee, August 31, 2005)
The following
except:
a.
b.
c.
d.
statements
are
b.
c.
d.
b.
c.
d.
289.
b.
c.
d.
290.
Yes, because the encashment is an
automatic appropriation of the security;
A is not correct because the bank had
yet to perform an act to appropriate the
money deposited;
A is not correct because the act done
was a matter of compensation; (BPI v.
CA, 232 SCRA 302; Art. 1980, NCC)
A is correct because there can be no
compensation since the relationship
between the bank and A is one of
deposit.
A entered into a contract whereby he
obligated himself to pay B on or before
September in the form of Australian
currency. When the obligation became due
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B can ask the court to declare it void on
the ground that it is contrary to the
Usury Law.
B can ask the court to declare it void
and be not liable at all.
B can ask the court to delacre it void on
the ground that it is unconscionable,
hence, contrary to morals and the court
may fix the interest rate at its
discretion.
A can contend that the interest rate is
valid because of the principle of binding
effect of contracts.
(Imperial v. Jaucian; Cir. 905-CB; Lim
Law v. Onion Growers, Inc.)
X and Y entered into a contract. X agreed to
deposit P50,000 with Y’s account to make it
appear that Y had sufficient capitalization in
forming an incorporation. They agreed that
Y should return the money plus 12%
interest within 30 days. What is the nature
of the contract?
a.
b.
c.
d.
291.
B can refuse to accept the payment
because the currency being offered is
not legal tender in the Philippines.
A is correct in offering Australian
currency because of the contract.
A is not correct because the stipulation
to pay in Australian currency is void
because it is contrary to law.
A is not correct because the stipulation
to pay in the form of another currency
is void because it is contrary to public
policy. (RA 8183)
A & B entered into a contract of loan in the
amount of P1M with interest at 192% per
annum. When the obligation became due
and demandable B failed to pay despite
demand, hence, A filed a complaint against
B. On the interest rate, what is a valid
contention of B?
a.
There can be a continuing guaranty;
There can be a continuing surety;
There can be a continuing chattel
mortgage;
There can be a continuing real estate
mortgage.
(Acme Rubber & Shoe Co. v. CA; China
Banking Corp. v. CA)
A obtained a loan from Metrobank. As
security, he delivered and deposit certificate
maturing on April 29, 2011. A failed to pay,
hence, the bank encashed the deposit
certificate. A contended that it is pactum
commissorium. Is A correct?
a.
288.
a.
correct,
LOANS
287.
and demandable, A delivered to B Australian
currency. Is A correct?
The guarantor paid the obligation of the
debtor when demand is made. Can he ask
for reimbursement?
a.
b.
286.
UCLASS Bar Operations: Civil Law Society
Mutuum, because of the stipulation as
to interest.
Mutuum, because Y acquired ownership
upon depositing the amount in his
account.
Commodatum,
because
Y
never
acquired ownership over the money as
he was under obligation to return it and
it was only for purposes of exhibiting
that he had sufficient capital.
Commodatum, because the stipulation
for the payment of interest did not
convert it to mutuum.
Which of the following statements is not
true about the dragnet clause?
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Civil Law Multiple Choice Questions
University of Cebu College of Law
a.
b.
c.
d.
292.
295.
A checked in at ABC Hotel Corporation with
his valuables. While shopping nearby, she
left the room for half a day but when she
went back, all his valuables were gone as
her room was ransacked with the use of
force. She filed a complaint for damages. Is
the hotel keeper liable?
a.
b.
c.
a.
d.
c.
d.
It is a contract by virtue of which a
person called the guarantor, binds
himself to the creditor to fulfill the
obligation of the principal debtor in
case the latter should fail to do so.
It is a contract by virtue of which a
person binds himself solidarily with the
principal debtor to fulfill the obligation.
It is an accessory, real and unilateral
contract by virtue of which the debtor
or a third person delivers to the creditor
or to a third person movable property
as security for the performance of the
principal obligation.
It is a contract of commodatum where
the bailor has the right to demand the
return of the thing which is the object
of the contract at will.
296.
297.
b.
c.
d.
Yes, because of the principle of liberty
of contracts;
Yes, because of the principle of
mutuality of contracts;
No, considering that there is no
corresponding de-escalation clause;
Yes, because the increase is not
unilateral.
(PNB v. CA, July 9, 1996; Equitable
PCIB v. Ng, December 19, 2007)
Which of the following is correct if the
interest rate in a loan is void?
a.
b.
c.
d.
The contract is totally inexistent;
The creditor cannot recover interest at
all;
The creditor can recover legal rate of
interest;
The court shall rule as if no interest has
been agreed upon and contrary to law.
DEPOSIT
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d.
To keep the thing safely.
To return the thing deposited.
To make use of the thing deposited
with the permission of the depositor.
To deposit the thing deposited with a
third person when there is an express
stipulation allowing the same.
What is the nature of the contract of rent of
safety deposit boxes?
a.
b.
c.
d.
299.
The contract is a loan.
It is a contract of lease.
It is a commodatum.
It is a deposit.
In case of contract of deposit, the
depository has the following rights or
obligations except:
a.
b.
c.
298.
The hotel keeper is liable as depositary.
The hotel keeper is not liable because
under the contract, it is not liable in
case of loss of things belonging to the
guest for any reason.
The hotel keeper is not liable because
of force majeure.
The hotel keeper is liable because it is
its duty to protect the properties of its
guests.
(Arts. 1998-2004, NCC; Topricana
Hotel Case; Durban Apartments Corp.
v. Pioneer Insurance Corp.)
A obtained P50,000.00 from B to be placed
in A’s safety deposit box. What is the nature
of the contract?
a.
b.
c.
d.
A entered into a contract of loan with a
bank. They stipulated that if there will be a
law or BSP circular that will allow the
increase in the interest rate, the bank will
increase it. Is the stipulation valid?
a.
294.
It is one specifically phrased to
subsume all debts of past or future
origins.
It operates as a convenience and
accommodation to the borrowers as it
makes
available
additional
funds
without executing additional security
documents.
It is also known as the “blanket
mortgage clause”
It is different from a continuing
mortgage clause.
What is a contract of precarium?
b.
293.
UCLASS Bar Operations: Civil Law Society
Mutuum
Commodatum
Deposit
Lease.
When is the hotelkeeper shall be liable for
the loss of the things belonging to the
guests?
a.
b.
c.
d.
If the things were actually delivered or
surrendered to the hotelkeeper.
If the guests did not sign any waiver of
liability.
If the hotelkeeper was notified of the
valuables and the guests took the
necessary measure to the care and
vigilance over the same.
If the loss was due to the act of a thief
done with the use of irresistible force.
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UCLASS Bar Operations: Civil Law Society
c.
PLEDGE
300.
A lent money to B in the amount of P3M and
executed a mortgage over his house and lot
to secure the payment of the obligation with
a condition that if he fails to pay, A shall
became the owner of the property. Is the
stipulation valid?
a.
b.
c.
d.
301.
b.
c.
d.
No, because the law on pledge is
applicable
to
the
law
on
mortgages.(Arts. 2041,2087,2115,NCC)
Yes, because there is no law that
prohibits recovery of deficiency under
the mortgage laws;
Yes, because while the law on pledge
applies to the law on mortgage, the
same is true if there is no inconsistency
between the two (2) laws. ( Pameca
Word Treatment Corp. v. CA)
No, because of the principle of solution
indebt.
A & B entered into a contract of pledge,
where B delivered his car to A as security
for the payment of an obligation in the
amount of P2M. For failure of B to pay what
is the remedy of A?
a.
b.
c.
d.
303.
MORTGAGES
304.
In the question above, suppose B failed to
pay and A foreclosed the mortgage. Is A
entitled to the balance?
a.
302.
Yes, because the contract is the law
between the parties;
Yes, because of the doctrine of
mutuality of contracts
No, because it is a case of pactum
commissorium;
Yes, because of the liberty of contracts.
d.
Appropriate the car as his own as
provided for in the contract
Sell the car but must deliver to B the
excess.
Sell the car but cannot recover any
deficiency despite the agreement.
Sell the car and recover the deficiency
because of the agreement in the
contract of pledge.
(Arts. 2087; 2115, NCC; 2088; 2112;
1306)
To secure the payment of his obligation, A
pledged to his surety C, his car who sold the
car after paying the obligation of A. The
obligation was P2M but the car was sold for
only P1M. Can the surety recover the
deficiency?
a.
b.
Yes, otherwise, there would be solution
indebiti;
Yes, no law prohibits him from doing so
as he is not the direct creditor;
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No. In the foreclosure of a pledge, if
the price of the sale is less than the
indebtedness secured by the pledge,
the creditor shall not be entitled to
recover the deficiency, notwithstanding
any stipulation to the contrary.
Yes, if there is a stipulation.
(Art. 2008, 2115, NCC; Manila Surety
v. Velayo, 21 SCRA 515; foreclosure is
akin to sale.)
A obtained a loan from B secured by a
mortgage over his house & lot. B failed to
pay hence, A foreclosed the mortgage but it
was sold for less than the amount of the
obligation. Can B recover the deficiency?
a.
b.
c.
d.
305.
A cannot recover the deficiency
because the law on pledges are
applicable to the law on mortgages
where there is a prohibition against
recovery of deficiency.
A can recover the deficiency as there is
nothing in the law that prohibits the
same.
A can appropriate the object because
the contract provides for it.
A can sue B for sum of money and
foreclose the mortgage if B cannot pay
the judgment obligation.
(Pameca Wood Treatment Corp. v. CA;
2141, NCC)
Within what period should an action to
foreclose a mortgage over real property be
filed?
a.
b.
c.
d.
Within
10 years from date of
registration of the contract;
Within 10 years from the execution of
the contract;
Within 10 years from demand, for
unless demand is prove, there can be
no default.
(Nunez v. GSIS Family
Bank, 17 November 2005);
Within 10 years from notarization of the
contract.
GAMBLING AND ALEATORY CONTRACTS
306.
A and B are married. They have a joint
account in a bank. They executed a
survivorship agreement that upon the death
of one of them, the full amount of money in
their account shall become the property of
the survivor. Is the agreement valid?
a.
b.
No, because it is a donation mortis
causa which did not comply with the
formalities of the law;
No, it is a donation inter vivos
prohibited under Article 87, Family
Code;
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c.
d.
307.
UCLASS Bar Operations: Civil Law Society
Yes, because it is an aleatory contract
subject to an uncertain even which is
death of either party. (Art. 2010, NCC;
Vitug v. CA, 183 SCRA 755)
No, by reason of public policy.
A placed a bet of P10,000.00 that San Beda
would
win
the
NCAA
basketball
championship. B accepted the bet. But B
refused to pay after SBC won. Is B correct?
a.
b.
c.
d.
c.
d.
311.
Yes, because of the principle of
mutuality of contracts;
Yes, because of the principle of liberty
of contracts;
No, because the law prohibits betting in
basketball even if it is not a game of
chance;
Yes, because basketball is a game of
skill and not of chance.
(Aleatory contract of gambling or
betting, Art. 2013, NCC0
308.
A sold his car to B, but the latter
register the car under his name.
was driving the car, it met an
resulting in injuries to C. Who
liable?
a.
b.
c.
d.
309.
b.
c.
d.
312.
C can hold A liable alone as he is the
registered owner of the car;
C can sue A and B as they are solidarily
liable;
C can sue B alone as the execution of
the document of sale and delivery of
the car conferred ownership upon him;
C can sue B, but A can file a third party
complaint against B for reimbursement
if he is adjudged liable.
(Perez v. Gutierrez)
A constructed a building for B. Twenty-five
(25) years thereafter, the building collapsed
due to lack of necessary repairs resulting in
the death of 10 tenants of the building. Who
is liable?
a.
b.
c.
d.
310.
failed to
While B
accident
may be
the architect
A, the contractor.
the engineer
B.
A, a seaman with a contract for two (2)
years was required to disembark due to the
sale of the vessel.
Within what period
should he file an action to collect his unpaid
wages for one (1) year?
a.
QUASI-DELICTS
b.
c.
d.
a.
b.
c.
a.
d.
b.
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The patient’s heirs can sue the doctor
alone for his negligent act.
The heirs can sue the hospital alone.
The heirs can sue the hospital and the
doctor solidarily because of the doctrine
of corporate negligence of the hospital.
The heirs can sue the hospital and the
doctor because the doctor is an
employee, hence, they are solidarily
liable.
(Professional Services, Inc. v. Agana)
A is a teacher of St. Jude elementary
school. While the pupils were in class, B,
one of the pupils boxed the face of C,
another pupil resulting in the blindness of
his left eye. Who is liable?
A, bus conductor killed a passenger. Is the
operator civilly liable?
Yes, based on contract, but with
defense of the diligence of a good
father of a family;
Yes, based on quasi-delict;
Within 3 years because it is the
consequence of an employer-employee
relationship;
Within 10 years because there is a
written contract;
Within 4 years because the action is
based on injury to his rights as there
was no justifiable reason for his
separation from employment. (Art.
1146, NCC; Pantil Co. v. Aujar, 09
November 1988; Valencis v. Portland
Cement, 106 Phil. 732);
Within 10 years because the action is
based on law.
ABC Corp. is the owner of a hospital where
Doctor A is a visiting consultant. A
conducted an operation at the hospital of a
woman-neighbor but left two (2) gauzes
inside the inscission of the patient resulting
in infections and eventual death of the
patient. Who can be sued for damages?
a.
313.
Yes, based on breach of contract of
carriage, but cannot interpose the
defense of due diligenc;
Yes, but subsidiary in case of
insolvency of the driver.
(Art. 1760, 1759, NCC; - liability is
primary; Maranan v. Perez, 20 SCRA
412)
The parents of B are liable.
The school is liable.
The teacher is liable regardless of the
nature of the school.
The teacher is not liable because the
school is not a school of arts and
trades.
(Art. 218, F.C.; Amadora v. CA; Palisoc
v. Brillantes; 218, 219, 221, 2180)
For Private and Personal Use Only
69
Civil Law Multiple Choice Questions
University of Cebu College of Law
314.
A is the owner of a car driven by B. While
on his way to fetch A at his office, the motor
vehicle met an accident resulting in the
death of C, a pedestrian. He was sued for
imprudence resulting in homicide and
convicted with civil indemnity in the amount
of P500,000.00. Who may be liable for the
amount of damages?
a.
b.
c.
d.
315.
c.
d.
317.
Only B is a liable.
A & B are solidarily liable if A cannot
prove the diligence of a good father of
a
family
in
the
selection
and
supervision of B.
A is subsidiarily liable in case of
insolvency of B.
A cannot be liable because he was not a
party to the criminal action, otherwise,
he would be deprived of the right to
due process.
(Art. 102 & 103, RPC)
b.
c.
d.
B is not liable because of a force
majeure.
B is liable because at the time A was
injured B was in possession of the
horse.
A is not entitled to an award of
damages because the injury is selfinflicted being the owner of the house.
A is not entitled to damages because of
his own negligence.
(Art. 2183, NCC; Hisole case)
ABC Corp. is a furniture manufacturing
company. One weekend, the manager and
two (2) employees had an overtime to finish
a work upon instruction of A, the President.
At 12:00 midnight they were through with
the work, so B, the manager went back
home driving a company car but dropped by
a coffee shop to have midnight snacks and
a cup of coffee. At 1:30 a.m., he was
driving the company car on his way home
when a motorcycle collided with the car
resulting in the death of C, the motorcycle
rider. At the time of the collision, a woman
shouted “Papa” as she was surprised by the
sudden collision. Who is liable for the death
of C?
a.
b.
The company is liable because the
manager was still performing his tasks.
B alone is liable because at the time of
the accident, he was not performing his
tasks.
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The company & B are solidarily liable.
B, but in case of insolvency, the
company.
(Castillex Industrial Corp. v. Vasquez)
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 may be liable?
a.
b.
A is an owner of a horse. He asked B to
take care of it while reviewing for the Bar
Exams. After the examination, he went to B
to get back the horse but as he got near the
horse, he was kicked by the horse on his
face resulting in his blindness. He sued B for
damages. Is B liable for damages?
a.
316.
UCLASS Bar Operations: Civil Law Society
c.
d.
The parents of D can sue A & B for
damages.
The parents of D can sue X & Y for
damages because the effects of
adoption are retroactive to the date of
the filing of the petition for adoption.
The parents of D can sue A & B, X & Y
for damages who are solidarily liable.
The parents of D can sue C represented
by his parents but his properties can be
made to answer for the damages
sustained.
(Tamayo v. CA; 2180, NCC; PD 603,
Art. 36)
DAMAGES
318.
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.
b.
c.
d.
319.
A can be liable for breach of contract.
A can be liable for abuse of right.
A cannot be liable because he was
exercising a right.
A is not liable, but instead, XYZ Corp. is
liable for interference in contractual
relationship.
(Art. 19, NCC)
A promised marriage to B, a gainfully
employed girl. Before the marriage, they
agreed that B would resign from the job,
hence, a week before the date set for the
wedding, B resigned, but A did not comply
with the promise of marriage. B sued A for
damages. Is A liable for damages?
a.
b.
A is not liable because mere breach of
promise to marry is not an actionable
wrong.
A is liable because there was an act
independent of the breach of promise
to marry.
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Civil Law Multiple Choice Questions
University of Cebu College of Law
c.
d.
320.
b.
c.
d.
b.
c.
d.
323.
a.
b.
c.
d.
324.
c.
d.
325.
To prove that the accused may be liable
for moral damages.
To prove the guilt of the accused
beyond reasonable doubt.
To prove that the accused is liable for
exemplary damages.
He cannot do it because he can only
prove what has been alleged in the
information.
X is the owner of a domesticated dog. He
left it at his compound while at work. Y, a
neighbor threw stone at the dog, trying to
play with it as he used to do. The dog was
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B can sue A for breach of contract.
B can sue XYZ partnership because of
interference in contractual relationship.
B can sue X,Y,Z for inducing A to
violate his contract.
B can sue A, and XYZ partnership for
breach of contract.
(Art. 1314, NCC)
A had a 4-storey building which was
constructed by Engineer B and at the same
time the contractor. After five years, the
building developed cracks and its stairway
eventually gave way and collapsed due to
poor quality of materials used in the
construction, resulting to injuries to some
lessees. Who should the lessees sue for
damages?
a.
b.
c.
d.
326.
X is liable as owner/possessor of the
dog.
X is not liable because of force
majeure.
X is not liable because of Y’s fault for
throwing stones at the dog.
X is liable but the court will temper the
award of damages due to contributory
negligence of Y.
(Art. 2183, NCC)
A and B entered into a contract for B to
construct the house of A for P10M. XYZ are
partners engaged in the construction of
houses. As they are friends of A, they told
him that they can construct his house for
only P8M and told him to cancel the
contract with B. He cancelled the contract
with B. What is the right of B?
a.
b.
P50,000.00
P75,000.00
P3,000.00
P150,000.00, the actual earnings of B.
In an information for murder, there is no
allegation of aggravating circumstances.
The
prosecutor,
however
presented
evidence on the aggravating circumstances
during the trial. What for is the presentation
of evidence of aggravating circumstances if
they were not alleged?
a.
hit, hence, it jumped from the compound of
X and went after Y who got injured when he
fell while running away from the dog. Is X
liable for damages?
The defendant is not liable for the
unearned income as there was no
documentary evidence to prove the
same.
The defendant is liable because
testimonial evidence is sufficient to
prove the unearned income.
The defendant is liable because the law
automatically provides for liability in
case of death.
The defendant is liable as it is the
natural consequence of his wrongful
act.
(Victory Liner v. Gamad)
A killed B. After trial A was convicted of the
crime of murder and the court imposed the
penalty of reclusion perpetua. Which
amount of civil indemnity may be awarded
by the court?
a.
b.
c.
d.
322.
A is not liable because it is his right to
back out from the wedding.
A is not liable because it was voluntary
for B to resign and that she is
presumed to take care of her own
concerns.
(Art. 21, NCC)
A, an employee of XYZ Corp., receiving a
salary of P40,000.00 per month died due to
a vehicular accident. During the trial of the
case filed by his heirs, the latter failed to
produce his income tax returns as he never
filed the same with the BIR and yet, they
were claiming for damages due to unearned
income. Is the defendant liable?
a.
321.
UCLASS Bar Operations: Civil Law Society
A, the owner;
Both A and B;
B, the contractor;
No one because of wear and tear of the
building.
ABC Corp. is an owner of a Medical School &
Hospital. X, a commentator of a radio
station verbally attacked the corporation
hence, the latter sued him for damages. Is
the school entitled to moral damages?
a.
b.
c.
ABC Corp. is not entitled to moral
damages because it has no nervous
system to feel the wounded feelings
and besmirched reputation.
ABC Corp. is entitled to moral damages
because it has a personality that can be
maligned, tarnished or demeaned;
X, the commentator can interpose the
defense of truth.
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Civil Law Multiple Choice Questions
University of Cebu College of Law
a.
327.
b.
c.
d.
b.
c.
d.
d.
330.
A & B are entitled to an award of
compensatory damages in the amount
of P50,000.00 for the death of the
fetus.
A & B can be entitled to an award of
moral damages for the death of the
fetus.
A & B are not entitled to any amount of
damages because the fetus has yet to
be born in order to die.
A & B are entitled to damages because
the fetus had life inside the womb of
the mother which the constitution and
the law protect.
(Geluz v. CA)
A courted B and promised to marry her.
The wedding was set on February 14, 2011
but at the date set for the celebration. A did
not appear at the church. B sued A for
damages for breach of promise to marry
alleging that all preparations have been
made and there were so many people who
attended their scheduled wedding. She
knew however that A was married but still
submitted herself to sexual desires of A. Is
A liable?
a.
329.
No, because it cannot suffer sleepless
nights.
(Filipinas Broadcasting Network, Inc. v.
Ago Medical Center, etc.)
A & B are married. B who was then
pregnant by six (6) months was on board a
bus going to the office. The vehicle met an
accident resulting in injuries to B and death
of the fetus. They sued the bus company for
damages due to the death of the fetus. Is
the company liable?
a.
328.
UCLASS Bar Operations: Civil Law Society
331.
A is not liable because mere breach of
promise to marry is not an actionable
wrong.
A is liable because he caused sleepless
nights, wounded feelings to B by not
appearing at the church.
B is not entitled to damages because of
mutual lust.
B has to bear her own losses.
(US v. Buenaventura)
b.
c.
The basis of the award of exemplary
damages is found solely in Article 2230,
NCC;
Exemplary damages can only be
awarded if there is more than one (1)
aggravating circumstances;
Exemplary damages can also be
awarded where the circumstances of
the case show the highly reprehensible
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A was one of the passengers of a vessel of
Sulpicio Lines that sank resulting in the
death of hundreds of passengers including
A. The heirs of A filed an action for damages
praying for compensatory, exemplary,
moral damages. The brothers and sisters
intervened and prayed for moral damages.
Are they correct?
a. Yes, the brothers and sisters of A are
entitled to moral damages because of
the mental anguish they suffered by
reason of A’s death;
b. Yes, the brothers and sisters of A are
entitled because the law provides that
moral damages may be recovered in
the following and analogous cases, they
being collateral relatives who are
entitled to inherit;
c. No, only the spouse, legitimate and
illegitimate
descendants
and
ascendants of A are entitled to an
award of moral damages;
d. The brothers and sisters of A are
entitled to moral damages because of
the injury suffered by them due to the
act or omission of Sulpicio which was
the proximate cause of A’s death.
LAND REGISTRATION
A and B are married. They have been in
possession of an agricultural land of the
public domain as early as 1935. After their
death C and D, their heirs inherited the
same. Can they register the land?
a.
b.
A raped and killed a minor girl. He was
convicted after trial. He can be held liable
for exemplary damages. What is the basis?
a.
or outrageous conduct of the offender
and to set a public example, to serve as
deterrent to elders who abuse and
corrupt the youth and to protect the
latter from sexual abuse.
The
existence
of
aggravating
circumstances.
c.
d.
332.
No, because the land forms part of the
public domain;
Yes, because their predecessors have
been
in
possession
continuously,
openly, publicly and adversely of an
alienable land of the public domain as
early as June 12, 1945 thus, converting
ipso jure the same to private land;
No, because of the Regalian Doctrine;
No, because prescription does not lie
against the State.
A owns a parcel of land. Through the
natural current of the river, there was a
gradual increase in the area from 11,000
square meters to 13,000 square meters in a
period of 8 years. Can A register the land?
a.
No, because it is a public land;
For Private and Personal Use Only
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Civil Law Multiple Choice Questions
University of Cebu College of Law
b.
c.
d.
333.
b.
c.
d.
b.
c.
d.
b.
c.
d.
c.
d.
No, because of res judicata;
Yes, because the dismissal does not
constitute res judicata unless dismissed
with prejudice;
No, because the dismissal means that A
has not been able to establish his right,
hence, the second application is a
fishing expedition;
No, because of lack of cause of action.
A filed an application for confirmation of
imperfect or incomplete title. B filed an
opposition alleging that the land is part of
the inalienable lands of the State. Is B
correct?
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Yes, because anyone can invoke the
interest of the State;
No, because only the State can invoke
its interest;
Yes, by reason of public policy;
Yes, because any Filipino is a real party
in interest.
337.
X is a naturalized Filipino. In 1990, he
migrated to the USA and embraced
American citizenship. In 2010, he returned
to the Philippines and asks you whether he
can own a residential lot in Manila. What is
your advice?
a. Yes, he being a former natural-born
citizen, he can own up to 5,000 square
meters;
b. No, because only former natural-born
citizens can own land in the Philippines
up to 5,000 square meters in Manila;
c. Yes, because he has the same rights as
a former natural born citizen;
d. Yes, otherwise, there would be a
violation of the equal protection clause.
338.
A, an American citizen is married to B, a
Filipina. Through the pension and savings of
A, they acquired a residential lot in Manila,
but it was registered under B’s name. B sold
the property to C. Can A seek to recover the
property?
a.
b.
Yes, because the accretion forms part
of the alienable land of the public
domain;
Yes, because of the Regalian Doctrine;
No, because it belongs to A, being the
riparian owner, hence, a private land;
Yes, because of prescription.
A filed an application for confirmation of
imperfect or incomplete title over a parcel of
land. It was dismissed. Can A re-file the
same?
a.
b.
336.
No, because A is the owner being the
owner the land to which the accretion is
attached;
No, because the accretion is a public
land;
Yes, having acquired it by prescription
after 30 years of possession even in
bad faith and without title;
No, because the title of A is
imprescriptible, the accretion being
covered by the phrase “more of less.”
a.
A is the owner of a parcel of land covered
by TCT No. 1 consisting of 10,000 square
meters more of less adjoining the river
bank. Accretion was formed which has been
in the possession of B in 1990, but it was
disposed of by the Director of Lands to B in
s2010. Is the Director correct?
a.
335.
No, because he has not acquired it by
prescription as the State is not bound
by the rules on prescription;
Yes, being the riparian owner, he is the
owner of the accretion;
No, because he has not possessed it for
a period of 10 years.
A is the owner of a parcel of land adjoining
a river. There is an accretion formed
through the natural current of the river. In
1980, his neighbor took possession of the
accretion. In 2011, B filed an application for
registration. Will the petition prosper?
a.
334.
UCLASS Bar Operations: Civil Law Society
c.
d.
339.
In the question above who can file an action
to recover the property?
a.
b.
c.
d.
340.
Yes, because the sale is void as it was
done without the consent of A;
Yes, because B as trustee, she cannot
sell the property;
No, because even if the property was
acquired with A’s money, he cannot
own land in the Philippines;
Yes, otherwise B would enrich herself at
the expense of A.
(Cheeseman v. CA)
A can recover the property because the
contract of sale is void;
The State by filing a petition for
reversion;
The State by filing a petition for
escheat;
No one because the title is valid
especially so that B is married to a
Filipino.
A and B are compadres. They own two (2)
adjacent parcels of land covered by TCT
Nos. 1 and 2 respectively where they
reside. With the use of fraud, A registered
the property of B under his name in 2009.
Can B recover the title?
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Civil Law Multiple Choice Questions
University of Cebu College of Law
a.
b.
c.
d.
341.
342.
A is the owner of a parcel of land covered
by a TCT No. 1. B stole the title, forged his
signature and transferred it under his name.
TCT No. 2 was issued under his name. He
sold it to C who registered under his name.
When returned to the Philippine in 2010, he
discovered that his title was transferred to
another. Can he recover the same?
c.
d.
Yes, because the title of C is void;
No, because the title of C is valid
because he is a buyer in good faith and
for value;
No, because even if the title of B is
void, a void title can be the root of a
valid title if it passes to a buyer in good
faith and for value;
Yes, because the title of B being void, it
cannot produce a valid title.
Of the following properties enumerated,
which is disposable?
a.
b.
c.
d.
344.
No, because one (1) year after the
issuance of the title, it became
imprescriptible;
No, because of the indefeasible nature
of the title after one (1) year from its
issuance;
Yes, because the title of A is void;
No, because a void act can be the root
of a valid title.
c.
d.
345.
In the question above A sold it to C while
the title is clean. C registered it under his
name. Can B recover the title?
a. No, because C is a buyer in good faith
and for value as the title was clean
when it was sold;
b. No, because of the mirror doctrine;
c. Yes, because C is not a buyer in good
faith having closed his eyes to things
that he saw when he bought it;
d. No, because of the indefeasibility of his
title.
a.
b.
343.
UCLASS Bar Operations: Civil Law Society
a.
b.
b.
c.
d.
b.
c.
d.
347.
Yes, because the property is reserved
to them by law;
Yes, because Y could not have sold it
being a mere trustee;
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It can be sold because it is a
patrimonial property of the State;
It cannot be sold because it is a
property of the State intended for
public use and public service;
It can be sold because it is a disposable
property;
It can only be sold if the Director of
Lands reclassifies it to a patrimonial
property.
(Laurel v. Garcia)
May there be registration of a parcel of land
already decreed in favor of another?
a.
b.
c.
d.
348.
No, because the title of A is
indefeasible;
No, because A is a buyer in good faith
and for value;
Yes, because A is not a buyer in good
faith and for value, as the registration
of the affidavit in the day book of the
Register of Deeds is notice to the whole
world;
No, because the affidavit was not
recorded/annotated at the back of the
title.
The Roponggi property of the Philippines
was sought to be sold to help raise funds to
finance the various economic projects of the
State. If you were consulted on this legal
matter, what would be your advice?
a.
Mineral land
Military reservation
Forest land
Agricultural land
X and Y are married. They have a son Z.
When X died, Z inherited a property covered
by TCT No. 1. Z died without any issue. Y
inherited it and obtained a title. There is
however no inscription of the reservable
character of the property. Y sold it to A who
obtained a title. Y died in 2009. Can B, C
and D, the reservatarios recover the
property?
In the problem, above, Y executed an
affidavit
stating
the
foregoing
circumstances. It was inscribed/registered
in the day book of the register of deeds.
Can the reservatarios recover?
a.
346.
No, because A is a buyer in good faith
and for value;
Yes, because Y could not have sold that
which she did not own.
Yes, due to prescription;
Yes, due to laches;
No, the land registration court has no
jurisdiction to order the registration of
a
property
already
registered,
otherwise, it is void; (MWSS v. CA, 215
SCRA 783)
Yes, for as long as there is compliance
with the due process clause.
(Another application is a collateral
attack on the first title. (Carvajal v. CA,
October 9, 1997)
A is the owner of a parcel of land covered
by TCT No. 1. He leased it to B. When sued
for ejectment, B contended that A’s title is
void. Is he correct?
a.
Yes, because if A’s title is void, he has
no right to sue B for ejectment;
For Private and Personal Use Only
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Civil Law Multiple Choice Questions
University of Cebu College of Law
b.
c.
d.
349.
b.
c.
d.
b.
c.
d.
c.
d.
353.
It will be included in the registration as
improvement thereon unless A files an
opposition and asks that his right be
annotated on the title;
A can have it registered independently;
A need not file an opposition as the
court will order the registration of the
land without the house because
registration under PD 1529 applies only
to land;
A can oppose alleging that he has a
better right to register since he is in
actual possession.
He can file an action for reconveyance
within 10 years from the discovery of
the fraud;
He can file an action for reconveyance
within 10 years from the date of
registration since the registrant is
merely holding it as a trustee.
He can file an action for reconveyance
at anytime since the title is void, hence,
the right to file the action is
imprescriptible;
He has to file the action within 4 years
from the discovery of the fraud.
b.
c.
d.
354.
c.
d.
File a petition for escheat;
File an action for reversion which is
imprescriptible (Rep v. Animas, 56
SCRA 499);
Cannot file any action anymore because
the title has become indefeasible;
Cannot recover anymore because while
A’s title was void, D has acquired it in
good faith and for value.
May a corporation hold or own alienable
lands of the public domain?
a.
Yes, to become sustainable;
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Yes, because the title is imprescriptible
and indefeasible;
Yes, because B’s title is void, hence,
the action to declare it void is
imprescriptible (Art. 1410, NCC);
No more because of laches. While a
title is imprescriptible, under certain
exceptional circumstances, it may yield
to the principle of laches. (Heirs of
Lacamen v. Heirs of Laruan, July 31,
1985)
No, because of estoppel.
(If there is inaction or utter neglect by
the owner, and the intervention of
rights by third parties may, for reason
of equity, convert the claim of
imprescriptibility into stale demand.)
If a parcel of land covered by a homestead
patent is sold, what is the period of
redemption?
a.
b.
c.
d.
355.
Yes, because the term persons under
PD 1529 is used in its generic sense to
include artificial persons;
No, it can only lease;
Yes, for a limited time.
Note: Except if it is a corporation sole.
(Rep. v. IAC, 168 SCRA 165)
A is the owner of a property covered by TCT
No. 10. As early as 1950, he knew that his
title has been transferred under the name of
B, but did nothing to recover it, knowing
that B has been in possession. Can he file
an action to recover it today?
a.
A was able to register a mineral land under
TCT No. 1 as early as 1950. After his death,
his children B and C inherited it and sold to
D. What is the remedy of the State if it
chooses to recover it today?
a.
b.
352.
b.
What is the remedy of an owner of a titled
land in case it was registered by another
with the use of fraud under his name?
a.
351.
No, because that is a collateral attack
on A’s title;
Yes, because the decision on the title
would be res judicata to the issue of
the right to eject A;
Yes, because a decision on the title of A
is prejudicial to the right to eject B.
A leased a parcel of land from B. With the
consent of B, A constructed his house. If B
will file an application for registration of the
land, what will happen to the house?
a.
350.
UCLASS Bar Operations: Civil Law Society
Within 5 years from registration of the
deed;
Within 5 years from the date of the
conveyance (Sucaldito v. Montejo,
February 6, 1991);
Within 5 years from the date of the
conveyance
plus
one
(1)
year
redemption period under the Rules of
Court.
Imprescriptible because the sale is
void.
(The rule is designed to protect the
owner or the awardee.)
A was granted a homestead patent on April
3, 2009. On April 29, 2011, she sold it to C.
Is the sale valid?
a.
b.
c.
d.
Yes, because the right to sell is
inherent in the right of ownership;
No, the sale is void as the law prohibits
the sale within 5 years from the
issuance of the patent; (Heirs of
Bajenting v. Bañez, September 20,
2006)
Yes, anyway, she can repurchase it;
Yes, because there is no prohibition at
the back of the title.
For Private and Personal Use Only
75
Civil Law Multiple Choice Questions
University of Cebu College of Law
UCLASS Bar Operations: Civil Law Society
(Even with the approval of the Director
of Lands – VOID)
356.
May a person file an application for
registration of a part of the reclamation
undertaken by a local governmental unit?
a.
b.
c.
d.
357.
c.
d.
In both provinces;
If declared for taxation purposes in one
(1), then in that province;
If the boundary has already been
determined and there are now plans for
the two (2) provinces, then file the
same in each of the provinces;
If the land has been declared for
taxation purposes in one province,
then, file it in the said province even if
the boundary has not yet been
determine. (Note: The boundary should
have been determined.)
In an application for land registration, there
was an opposition. Can the oppositor pray
for affirmative relief that he be declared the
owner?
a.
b.
c.
d.
359.
360.
d.
361.
a.
b.
c.
362.
a
decree
c.
d.
Within four (4) years from the issuance
of the decree of registration;
Within 30 days from receipt of the
decree;
Within one (1) year from the issuance
of the decree of registration; (Lopez v.
Bar Operations 2012: Ace the Bar, Race the Car!
v.
Voidable
Void by reason of public policy
Unenforceable
Rescissible
(Metropolitan Bank & Trust Co. v. Viray,
G.R. No. 162218, February 25, 2010;
Prohibition is mandatory.)
File a claim against the estate;
Abandon the security and file a claim
against the estate;
Foreclose the mortgage and ask for
deficiency in the testate or intestate
proceeding;
Rely exclusively upon the mortgage and
foreclose the same.
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.
b.
c.
d.
of
Inc.
Of the enumeration below, which is not a
remedy of the mortgagee in case the
mortgagor dies?
a.
b.
363.
Intrinsic fraud;
Newly discovered evidence;
Actual fraud (Eland Phils.
Garcia);
Mistake.
If the homesteader sells the property before
the lapse of the 5-year prohibition, what is
the nature of the contract?
a.
b.
c.
d.
No, because he was not an applicant;
Yes, provided he can adduce evidence
to prove his interest. (City of Manila v.
Lock, 19 Phil 324)
No, because there was no publication
which is mandatory;
No, otherwise there would be violation
of the due process clause.
Within what time should
registration be reopened?
What is the ground for the reopening of a
decree of registration?
a.
b.
c.
If a parcel of land sought to be registered is
located in two (2) provinces, where should
the case be filed?
a.
b.
358.
Yes, because it is an alienable land;
Yes, because it is a private land;
No, because reclaimed lands of the
public domain may only be leased not
sold to private parties as they retain
their inherent potential as areas for
public use or public service. (Chavez v.
Public Estates Authority, 384 SCRA
152);
Yes, because a local government unit is
vested with a juridical capacity to enter
into contracts.
(Ownership of lands reclaimed from
foreshore areas is rooted in the
Regalian Doctrine. (Republic v. Enciso,
November 11, 2005))
d.
Padilla, 45 SCRA 44; Eland Phils. Inc. v.
Garcia, et al., G.R. No. 173289,
February 17, 2010);
Imprescriptible.
(Effect after 1 year even if no title has
been issued by the RDO yet.)
No, because they are now disqualified
to own being aliens;
Yes, because it is just a confirmation of
imperfect or incomplete title;
No, by reason public policy, that land in
the Philippines is reserved for the
Filipinos;
No, in fact the State can even file an
escheat proceeding.
CONFLICT OF LAWS
364.
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
For Private and Personal Use Only
76
Civil Law Multiple Choice Questions
University of Cebu College of Law
adjudicate
estate?
a.
b.
c.
d.
365.
successional
right
to
his
In accordance with Chinese law
because of the nationality theory;
In accordance with Japanese law
because of the nationality theory;
In accordance with the domiciliary law;
In
accordance
with
both
laws
considering that the Philippines is a
third State.
(Art. 16, NCC; domiciliary law comes to
the succor or rescue to the national law
theory.)
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.
b.
c.
d.
366.
the
UCLASS Bar Operations: Civil Law Society
It may be made according to the
formalities prescribed by American law;
It may be made according to the
formalities prescribed by Canadian law;
It may be made according to the
formalities prescribed by Japanese law;
It will not be made according to the
formalities prescribed by Philippine law.
In the problem above, may his estate located
in the Philippines be distributed in conformity
with the provision of the said will?
a.
b.
c.
d.
Yes, provided that the provisions
conform to the order of succession and
amount of successional rights as
regulated by Japanese law;
Yes, provided that the provisions
conform to the order of succession and
the amount of successional rights as
regulated by the American law;
Yes, provided that the provisions
conform to the order of succession and
amount of successional rights as
regulated by Canadian law;
Yes, provided that the provisions
conform to the order of succession and
amount of successional rights as
regulated by Philippine law.
Bar Operations 2012: Ace the Bar, Race the Car!
For Private and Personal Use Only
77
Civil Law Multiple Choice Questions
University of Cebu College of Law
UCLASS Bar Operations: Civil Law Society
ANSWER KEY
Civil Review 1
1.
C
2.
C
3.
C
4.
C
5.
C
6.
B
7.
C
8.
B
9.
B
10.
A
11.
C
12.
B
13.
A
14.
A
15.
B
16.
C
17.
A
18.
D
19.
A
20.
B
21.
A
22.
D
23.
D
24.
B
25.
C
26.
B
27.
C
28.
D
29.
B
30.
A
31.
A
32.
A
33.
D
34.
B
35.
A
36.
B
37.
D
38.
D
39.
C
40.
C
41.
D
42.
D
43.
B
44.
B
45.
B
46.
D
47.
C
48.
B
49.
A
50.
B
51.
A
52.
E
53.
E
54.
D
55.
B
56.
B
57.
C
58.
D
59.
E
60.
D
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
D
D
E
C
E
C
C
B
A
D
E
D
D
C
C
A
C
C
B
D
A
C
D
A
A
C
C
C
B
A
E
C
C
A
A
B
C
D
A
C
C
C
D
A
A
B
B
B
D
D
D
B
E
E
E
B
D
C
C
B
Bar Operations 2012: Ace the Bar, Race the Car!
121.
122.
123.
124.
125.
126.
127.
128.
C
C
C
C
E
D
E
E
Civil Review 2
1.
B
2.
B
3.
D
4.
B
5.
C
6.
C
7.
C
8.
D
9.
C
10.
B
11.
B
12.
E
13.
A
14.
D
15.
A
16.
D
17.
A
18.
C
19.
C
20.
D
21.
A
22.
C
23.
C
24.
D
25.
B
26.
D
27.
D
28.
A
29.
D
30.
C
31.
D
32.
A
33.
B
34.
C
35.
A
36.
C
37.
B
38.
A
39.
B
40.
A
41.
D
42.
C
43.
D
44.
A
45.
D
46.
C
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
D
B
B
D
C
D
B
A
A
D
B
A
B
C
C
A
C
A
D
B
B
B
C
D
D
C
D
B
B
B
A
C
A
D
C
C
B
B
D
A
C
A
A
A
A
D
D
B
C
D
C
C
D
C
D
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
B
D
B
A
D
D
B
A
A
A
B
A
A
B
A
B
B
B
B
A
A
B
B
B
B
A
B
A
B
A
A
A
B
B
ALBANO
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
MCQs
D
C
C
B
B
B
B
B
B
C
B
B
B
A
B
B
A
C
For Private and Personal Use Only
78
Civil Law Multiple Choice Questions
University of Cebu College of Law
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
B
B
C
C
B
B
C
D
B
C
D
B
B
B
B
B
B
A
A
C
B
B
B
C
B
C
C
B
B
A
A
B
A
C
C
D
B
B
D
D
C
C
B
D
B
A
B
A
C
B
C
C
C
B
C
D
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
UCLASS Bar Operations: Civil Law Society
A
B
B
C
A
B
C
C
D
C
C
B
A
B
C
C
B
A
D
A
C
D
B
C
D
C
D
D
A
C
C
B
C
C
C
C
C
D
C
B
C
B
B
A
C
A
D
C
B
A
C
D
C
C
D
B
Bar Operations 2012: Ace the Bar, Race the Car!
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
150.
151.
152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
163.
164.
165.
166.
167.
168.
169.
170.
171.
172.
173.
174.
175.
176.
177.
178.
179.
180.
181.
182.
183.
184.
185.
186.
D
B
B
C
D
C
C
C
B
C
C
C
C
C
B
A
C
B
C
C
D
C
B
D
D
B
A
A
C
B
A
B
B
C
B
B
B
C
D
B
A
B
C
A
B
B
C
B
B
B
C
C
B
D
C
C
187.
188.
189.
190.
191.
192.
193.
194.
195.
196.
197.
198.
199.
200.
201.
202.
203.
204.
205.
206.
207.
208.
209.
210.
211.
212.
213.
214.
215.
216.
217.
218.
219.
220.
221.
222.
223.
224.
225.
226.
227.
228.
229.
230.
231.
232.
233.
234.
235.
236.
237.
238.
239.
240.
241.
242.
D
C
C
C
C
C
D
C
C
C
D
B
D
D
C
D
D
A
D
D
A
D
C
B
B
C
D
C
B
D
C
B
B
C
B
C
D
C
C
B
C
C
D
B
C
B
D
C
B
C
C
C
C
B
B
243.
244.
245.
246.
247.
248.
249.
250.
251.
252.
253.
254.
255.
256.
257.
258.
259.
260.
261.
262.
263.
264.
265.
266.
267.
268.
269.
270.
271.
272.
273.
274.
275.
276.
277.
278.
279.
280.
281.
282.
283.
284.
285.
286.
287.
288.
289.
290.
291.
292.
293.
294.
295.
296.
297.
298.
For Private and Personal Use Only
C
A
A
A
C
C
B
C
C
C
D
D
C
B
B
B
B
C
C
A
C
D
A
C
C
D
C
C
C
D
B
B
B
C
B
B
C
C
C
B
B
B
D
C
C
B
C
C
D
D
C
C
C
D
C
D
79
Civil Law Multiple Choice Questions
University of Cebu College of Law
299.
300.
301.
302.
303.
304.
305.
306.
307.
308.
309.
310.
311.
312.
313.
314.
315.
316.
317.
318.
319.
320.
321.
322.
323.
324.
325.
326.
327.
328.
329.
330.
331.
332.
333.
334.
335.
336.
337.
338.
339.
340.
341.
342.
343.
344.
345.
346.
347.
348.
349.
350.
351.
352.
353.
354.
C
C
C
C
C
B
C
C
C
D
D
C
C
C
C
C
B
B
A
B
B
A
B
C
D
B
C
B
B
C
C
C
B
C
C
C
B
B
B
C
C
C
C
C
D
C
C
B
C
B
A
B
B
C
C
C
355.
356.
357.
358.
359.
360.
361.
362.
363.
364.
365.
366.
UCLASS Bar Operations: Civil Law Society
B
C
C
B
C
C
B
A
B
C
D
B
Bar Operations 2012: Ace the Bar, Race the Car!
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For Private and Personal Use Only
80