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MOCK BAR EXAMINATIONS MCQs in CIVIL LAW I [Partial List]

Posted by: Atty. Oliver Bulang | May 24, 2011 [Courtesy of Gamanikong] 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. The testator and the instrumental witnesses must sign. b. The defect is fatal if there is failure to have the original signatures. c. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitted. d. 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. Yes, because the will is valid. b. Yes, because the testator is capacitated. c. No, because the will is void. d. No, because the will is not in accordance with law. 3. The attestation clause of Xs 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. Yes, because it is fatal defect. b. Yes, the will is not valid. c. No, attestation clause is not an act of the testator. d. 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and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.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. The mere act of A is immaterial b. The tearing of the will may amount to revocation c. The tearing of the will may amount to revocation if coupled with intent of revoking it. d. 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. No, transmission of right from the first heir to the second. b. No right of representation c. The right shall be transmitted to the heirs of the second heir. d. 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. The uncles and aunts shall inherit the property b. The nephews and nieces of the decedent survive and are willing and qualified. c. The uncles and nephews shall inherit together. d. The 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 Xs share of his spouses inheritance? Choose the best answer. a. The surviving spouse shall inherit the whole hereditary estate.

b. The surviving spouse shall inherit of the estate. c. The surviving spouse shall inherit 1/3 of the estate. d. The surviving spouse shall inherit of the estate. 8. X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his inheritance from his father. Upon Xs death, will the right of accretion apply? a. Yes, A may renounced his inheritance from his father. b. Yes, the right of accretion applies. c. No, because the renunciation is void. d. 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. Yes, repudiation do not affect right of representation. b. No, because heirs who repudiate their share may not be represented. c. Yes, because the act of repudiation is contrary to public policy. d. None of the above. 10. If a compulsory heir is disinherited, is it limited to his legitime? a. No, it also covers the free portion. b. Yes, it is limited only to his legitime. c. Disinheritance affect only the free portion but not the legitime d. None of the above. 11. Rights to succession are transmitted:

a. On date of last will and testament b. On probate of will c. On death of testator d. On date of death of surviving heir 12. What law shall determine the validity of a will? a. The national law of testator b. The law at the time it is made c. The law at the time of probate of the will d. The law at the time of death of the testator 13. A holographic has no date except one found on the first page, is the will valid? a. Yes, because the law does not specify the place where the date should be placed. b. No, because the date should be after the signature of the testator. c. No, because it did not follow the requirements of law. d. Yes, because the intention of the testator must be respected. 14. In case a holographic will is lost, can it still be probated? a. No, because the best and only evidence of the handwriting is the will itself. b. No, the probate court has no jurisdiction. c. No, because the testator is still living. d. Yes, because secondary evidence may be presented. 15. Disposition captatoria means that the heir shall make provisions in his will:

a. In favor of another heir b. In favor of testator or any other person c. In favor of the state d. In favor of 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. Make the will voidable b. Make the will void c. Annul the institution of heirs d. Make the will unenforceable 17. After the probate of a will, may a case for forgery be filed against an instituted heir? a. No, because the probate of the will is an evidence of its due execution and authenticity. b. No, because the probate of the will is a justifying circumstance. c. Yes, because a forgery is a criminal action. d. 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 pre-existing contractual relation between the parties, the source of the obligation is: a. Law b. Contracts c. Quasi-contracts

d. Quasi-delicts 19. The bailee has the right to be reimbursed in full for advances he made for extraordinary expenses of preservation of the subject matter in commodatum. a. he gave notice to the bailor before he incurred the expense. b. if the extraordinary expense arose out of the actual use of the thing. c. if the bailee was negligent in the use of the thing borrowed. d. even if the cause of the expense was the fault of a third person. 20. What are the objectives of Probate proceedings? a. Probate proceedings seek to establish the identity of the will, its genuineness and due execution, and the testamentary capacity of the testator. b. Probate seeks to determine whether the will is formally valid. c. Probate seeks to determine whether the will is intrinsically valid. d. Both b and c are correct. e. Both a and b are correct. 21. The borrower in a contract of loan or mutuum must pay interest to the lender. a. if there is an agreement in writing to that effect. b. as a matter of course. c. if the amount borrowed is very large. d. if the lender so demands at the maturity date. 22. 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. Must be a valid will with legal, true and existing cause expressly stated. b. Must be total and complete and said cause stated in the will. c. The disinherited heir must be clearly identified and the will is not revoked. d. All of the above. 23. What crimes committed by a convict will disqualify him as an instrumental witness to a will? a. Falsification of public document. b. Perjury and false testimony. c. Slander by deed. d. 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 b. Propositus c. Reservista d. Reservatorios 25. A has a son B and the latter adopted C. B predeceased his father. Can C represent B in the inheritance of A? a. Yes, he is a compulsory heir. b. Yes, he is the legal representative. c. No, there is no blood relationship between A and C.

d. No, he is a voluntary heir. 26. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After Xs death and the probate of his will, are the conveyed properties subject to collation for determination of the heirs legitime? a. No, because X is no longer the owner of the conveyed properties. b. No, because there was no gratuitous conveyance. c. Yes, because the heirs are already the owners of the conveyed properties. d. Yes, they are considered advanced legitime. 27. Can a criminal convicted of a crime which carries civil interdiction execute his will? a. Yes, it is his statutory right. b. No, it is an accessory penalty. c. Yes, it only prohibits disposition of property inter vivos, not mortis causa. d. No, it is inconsistent with public policy. 28. 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. Yes, joint wills are not allowed in the Civil Code. b. Yes, because the wills have different voluntary heirs. c. No, because M and N are spouses. d. No, because practicable considerations dictate the joint probate of the wills. 29. X was disinherited by his father Y. In the probate of Ys will, can the children of X represent their disinherited father?

a. No, the disinheritance affects the heirs of the disinherited person. b. Yes, representation is allowed in case of disinheritance. c. Yes, substitution of the disinherited person is allowed. d. No. Representation is not allowed by law. 30. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse. a. 1/3 b. c. 1/8 d. Answer Key: 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