Civil Law Review - Albano MCQs

CIVIL LAW San Beda College Alabang Academic Bar Operations 2011 PRE-WEEK REVIEWER
PRELIMINARY AREA d. I will arrest him because nobody is above the law.
1. When do laws take effect? 4. A & B both Filipinos are married. While having vacation in Hawaii, A executed a
a. Upon approval by the President; will in accordance with USA law, where there is only one (1) witness. Is the will
b. After 15 days following the publication in the Official Gazette or in a valid?
newspaper of general circulation; a. The will is void because it is not in accordance with Philippine law.
c. After 15 days following its posting in the website of Congress considering b. The will is valid because of the doctrine of lex loci celebrations.
the advances in science and technology; c. The will cannot be admitted to probate because the same has yet to be
d. After 15 days following the completion of their publication in the Official probated abroad.
Gazette or in a newspaper of general circulation and furnishing the UP d. The will is void because laws are binding upon Filipino citizens even though
Law Center with a copy unless it is otherwise provided. living abroad.
(Art. 2, NCC; Tañada v. Tuvera)
5. A was charged with the crime of murder. He was convicted. While in prison, he
2. In 1986, A, a married woman file a petition for adoption of C which was granted. executed a donation in favor of B which was accepted by B in the same deed of
In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of donation. Is the donation valid?
the Family Code requiring that the husband and wife must jointly adopt and the a. Yes, because it was perfected by the acceptance of B;
retroactive provision of the Family Code under Article 256. How do you think b. Yes, if the donation is mortis causa;
the court will decide? c. No, if the donation is inter vivos;
a. It will grant the petition because the law is mandatory with the use of the d. Yes, regardless of its nature.
word “must”; (Arts. 37, 38, 39, NCC)
b. It will grant the petition because of the retroactivity of the law;
c. It will deny the petition because the retroactivity of the law will impair 6. A and B entered into an exclusive dealership agreement over the product of A in
vested rights. (Rep v. Toledano) the province of Tarlac. XYZ Corp. ordered such product from A, hence, he
d. It will deny the petition because of the doctrine of immutability of delivered the same at its office in Tarlac. B learned about the transaction hence,
judgment. he sued A for damages. Is A liable?
a. A can be liable for breach of contract.
3. The President of a foreign country came to visit the Philippines in cognito. While b. A can be liable for abuse of right.
enjoying the beautiful beach in Pagudpud, Ilocos Norte, he as caught in c. A cannot be liable because he was exercising a right.
flagrante delicto raping a young girl. If you were a police officer, what would you d. A is not liable, but instead, XYZ Corp. is liable for interference in contractual
do? relationship.
a. I would arrest him because he is committing a crime;
b. I would arrest him because penal laws are binding upon all those who live or FAMILY LAW
sojourn on Philippine territory;
c. I will not arrest him after identifying himself because of his immunity 7. A & B are married with a son C. What happens to the relationship by affinity
which is an accepted principle of international law. (Art. 14, NCC) between B and X and Y, the parents of A after A’s death?
CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA
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a. It is severed because of the death of A; b. B cannot get married because from the point of view of Philippine Law, he is
b. It remains because of the existence of C; still married.
c. It remains even with the death of A irrespective of whether they have an c. B can get married provided that she goes to court and proves the decree of
offspring or not; divorce as a fact according to the rules of evidence.
d. The death of A has no effect at all since B and X and Y are not related at all. d. B can get married because the divorce decree being valid in the USA is valid
(Intestate Estate of Manolita Gonzales Vda. de Carungcong, et al. v. People, in the Philippines to be fair to B.
et. al., G.R. No. 181409, February 11, 2010)
11. Cris and James got married with Pastor Carlito, a pastor of the Seventh Day
8. One of the terms and conditions of employment is that, if a dependent of an Adventists as the solemnizing officer. Cris and James do not belong to the sect
employee dies, the employee shall be entitled to bereavement benefits. A, an where the pastor belongs. Is their marriage valid?
employee was pregnant but the fetus died. Is she entitled to bereavement a. Their marriage is void because one or both of the parties should belong to
benefits? the sect where the solemnizing officer belongs;
a. No, because the fetus was not yet born; b. Their marriage is valid because the infirmity is only on a formal requisite of
b. Yes, because the fetus became a dependent upon A from the moment of marriage.
conception; c. Their marriage is valid because it is immaterial whether they belong to the
c. No, because the fetus has yet to be born inorder to die; sect where the pastor belongs.
d. No, because the fetus has no personality yet. d. Their marriage is valid because the pastor is authorized to solemnize
(Arts. 40, 41, 42; Intercontinental Steel Mfg. Corp. v. Voluntary Arbitrator ) marriage of anyone.
9. A & B are Filipinos. They migrated to the USA where A embraced American 12. A and B both Filipinos are married, but at the time of the marriage, B was 16
citizenship. A obtained a divorce decree in the USA. Can B get married again? years old. The marriage was celebrated in Hongkong and valid there as such. A
a. No, because the marriage was not originally a mixed marriage. wants to get married again and came to you for advice. Give your advice to A.
b. Yes, because if there is a mixed marriage, even if mixed after its a. I would advice him to get married again, anyway, their marriage is void,
celebration and a divorce decree is obtained by the foreigner, in hence, there is no need to have the marriage declared void;
accordance with his/her national law, capacitating him/her to remarry b. I would advice him to file an action for declaration of nullity of their
under his national law, the Filipino can remarry. marriage before getting married;
c. Yes, because A can get married again under his national law. c. I would advice him to seek for a certification from the Hongkong authorities
d. Yes, because otherwise, it would be an injustice to B. that their marriage is void;
d. I would advice him to go to Hongkong and seek for declaration of nullity
10. A, an American citizen married B, a Filipina in the Philippines. A obtained a before a competent court and present it to the solemnizing officer.
decree of divorce against B capacitating him to remarry under USA law. Can B
remarry? 13. A, a Russian citizen married B, a Filipina. A divorced B who came back to the
a. B can get married right away after the decree has become final and Philippines and filed a petition for recognition of the foreign decree of divorce.
executory. It was recognized but the RTC of Manila found that A is not capacitated to
remarry. Can B get married?
a. Yes, because the decree of divorce severed her marital relationship with A; c. No, because they can only agree on the conjugal partnership of gains;
b. No, because despite the divorce, A’s national law does not give him the d. No, because they should agree on the complete separation of property
capacity to remarry; regime.
c. Yes, to be fair to B;
d. Yes, because Philippine law cannot govern the capacity of a foreigner to 17. Within what period should an action for legal separation on the ground of fraud
remarry. be filed?
(Art. 26(2); Corpuz v. Sto. Tomas) a. 5 years c. 10 years
b. 4 years d. imprescriptible
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 18. A and B are married. B, the woman was pronounced the guilty spouse in an
he was pronounced the guilty spouse. The court divided the properties valued action for legal separation on the ground of attempt by one spouse against the
at P20M at the time of the legal separation, equally into two (2). Is the order of life of the other. In favor of whom will the court award C’s custody, a 5-year old
the court correct? child?
a. No, because A is not entitled to the fruits of their conjugal partnership; a. A because he is the innocent spouse;
b. Yes, because A’s disqualification is from a share of the fruits of the conjugal b. A because it is impossible to have a moral development of the child;
partnership; c. B because there is no man who can respond to the sorrows of a woman
c. No, because A should be penalized for his misdeeds and the disqualification seeing a child of tender age being torn away from her;
to have a share of the conjugal properties is the penalty; d. A and B because of joint parental authority.
d. No, because the share should even be forfeited in favor of his family to
maintain unity. 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
15. A and B are married. B executed a will instituting A as an heir but A was A?
pronounced the guilty spouse in an action for legal separation. What happens to a. Dismiss the action for legal separation because it has become moot and
the will after the decree of legal separation? academic;
a. B can revoke it; b. Continue with the liquidation of the properties of the spouses;
b. The will is revoked by implication of law; c. Archive the case;
c. The will remains valid and A can inherit if the will is admitted to probate; d. Issue an order directing the substitution of party.
d. The heirs can file an action to revoke the will. (Sy v. Eufemio)
16. A and B were engaged to marry on April 3, 2012. They entered into a marriage 20. What does physical incapacity to consummate marriage mean?
settlement that they would be bound by the rule on co-ownership. Is the ante- a. Refusal to have sex with the spouse;
nuptial agreement valid? b. Lack of power to copulate which is permanent in nature; (Impotence which
a. No, because they should be governed by the absolute community because it appears to be incurable.)
is void; c. The sexual organ is so small;
b. Yes, they can agree on any other property regime; d. Sterility.
(Alcazar v. Alcazar, October 13, 2009) 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
21. May a spouse donate to the other spouse during marriage? intervene inorder to have share of B’s estate?
a. Yes, because that is a right that one has, that is to dispose of his own a. No, because he is the product of sin;
property; b. Yes, provided that he files an action for recognition first;
b. Yes, provided that it is a donation mortis causa; c. Yes, by presenting the record of birth which is an evidence of recognition
c. No, because it is contrary to public policy and law as one might exert without need of filing an action of recognition;
undue influence against the other; d. No, otherwise, it would unduly prejudice the rights of the legitimates.
d. Yes, provided that it is freely done and agreed upon/ (Art. 172, FC; De Jesus v. The Estate of Juan Dizon)
(Art. 87; Agapay v. Palang)
26. Who among those enumerated is not a beneficiary of a family home?
22. What is the status of a child born out of artificial insemination? a. Spouses; c. Parents of the spouses;
a. Illegitimate because the husband is not the father of the child; b. Children, legitimate or illegitimate; d. Overseer.
b. Legitimate provided that it was done with the consent or ratification of the
spouses; 27. A and B are married with a son C who is 19 years old and living in their
c. Legitimate provided there is consent, ratification by the husband and the company. A asked C to drive the family car on their way to their province in
birth is registered with the civil registry; Ilocos Norte. The car met an accident resulting in the death of D, a pedestrian.
d. Legitimate if adopted by the spouses. Who may be liable for damages?
(Art. 64, FC) a. C is solely liable because he has already been emancipated hence, liable for
all acts of civil life;
23. If an illegitimate child is recognized by the father, what is the extent of is b. A and B because under the law, if a child is 18 and above but below the
hereditary right? age of 21 and living in the company of the parents and performs acts or
a. Equal with the legitimate; omission causing damage to another, the parents are liable;
b. ½ of the share of the legitimate; c. A, B and C are solidarily liable;
c. No right at all unless there is a court order confirming his recognition; d. A only because he is the head of the family.
d. No right because he is the product of sin. (RA 6809)
(Art. 176, FC)
28. A and B are married. They are governed by the conjugal partnership of gains. A,
24. A was born on January 1, 2000 as an illegitimate child of B. If he wants to ask for the Executive Vice-President of ABC Corp. signed as a surety in a loan secured by
recognition, within what time should he file the action? the company from Metrobank for the rehabilitation of the company. As
a. At anytime during his lifetime; c. Imprescriptible; business was good after rehabilitation, A was given a house and lot, a brand
b. At anytime during the lifetime of B; d. Before reaching the age of new caw and raise in his salary. The company was sued due to its failure to pay
majority. the loan. Are the properties of A and B liable?
(Art. 175, FC) 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; 32. A and B lived together as husband and wife, resulting in the birth of C. A
d. Yes, because the obligation contracted by A redounded to the benefit of the recognized his son, C in the record of birth. What is the surname of C?
family. a. C must carry the surname of A; c. C may carry the
(Arts. 94; 121; Ayala Investments & Dev. Corp, 349 Phil. 942) surname of A;
b. C can carry the surname of A; d. C shall carry the
29. A and B are married. They have two (2) legitimate children. After A died, the surname of A.
heirs acquired properties from A’s estate. B got married to C, without liquidating (RA 9255; Rep v. Capote, February 27, 2007; In Re: Wang v. Cebu City Civil
their conjugal partnership. What property relationship governs them? Registrar, March 30, 2005)
a. Absolute community of property regime if there is no marriage settlement;
b. Conjugal partnership if there is an agreement; 33. A and B both Filipinos are married. A was convicted of the crime of murder.
c. Absolute immunity of property regime if there is an agreement; They sought your advice whether they can adopt C, a relative by consanguinity
d. Mandatory complete separation of property regime. of B. What is your advice?
(Arts. 103 and 130, FC) a. They can adopt C, but must jointly adopt;
b. They cannot adopt C because A is disqualified because of conviction of a
30. A and B are married, but separated in fact. While in the practice of her crime invoking moral turpitude;
profession, B acquired properties. They are governed by the conjugal c. Since A cannot adopt, B can adopt C alone;
partnership of gains. Who is/are the owner/s of the properties? d. They can jointly adopt C, but prove that it will redound to the best interest
a. B alone because of their separation; of C.
b. The conjugal partnership;
c. B alone because they were governed by the complete separation of 34. A and B have ten (10) children but wallowing in poverty. C, a relative of A wants
property regime when they separated in fact. to adopt two (2) of their children so that the economic situation of the children
d. B alone as A did not contribute anything in the acquisition of the properties. will be assured. If you were the judge, how would you decide the petition?
(Art. 100, FC; Wong v. CA) a. I would grant the petition as it would be to the best interest of the children;
b. I would deny the petition because it is against the spirit of the law to
31. A and B lived together as husband and wife. A brought B to the hospital, and consider financial constraint as the primary consideration in adoption;
paid for the expenses in the birth of C. When the nurse asked B who was the c. I would grant the petition for as long as the parents give their consent;
father of the child, she mentioned the name of A but did not sign the record of d. I would grant the petition for as long as there is a favorable
birth of C. Can the record of birth be admissible in evidence as proof of filiation? recommendation of the DSWD social worker.
a. Yes, because of the acts of A, thus, he is estopped; (Landingin v. Republic, June 27, 2006)
b. No, because otherwise it would be easy for a woman to vest legitimate
status upon a child even if the latter is illegitimate; 35. A has been using the name Pedro since birth although his record of birth shows
c. Yes, to protect the status of the child; that his name is Juan. He is now 25 years old and about to take the Bar Exams.
d. Yes, to be fair to the child. How can he use the name Juan when he will take the Bar Exams?
(Roces v. Local Civil Registrar) a. He has to file a petition for change of name;
b. He can go to the Local Civil Registrar and file an administrative petition for
change of name; 39. A and B are married. They have a daughter C who has a 5-year old child. C went
c. He can just use it with an affidavit that Pedro and Juan refer to one and the to Hongkong to work for 2 years and left the child to the custody of X and Y who
same person; are not related to them. When A and B learned about the departure of their
d. He cannot change his name because of lapse of time. 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.
36. A, a 17-year old girl had a relationship with B, 25 years old. A child C, was born When the order was served upon them, they produced the body of the child.
when A was only 17. When A reached 21 years, they got married. Can the child The court dismissed the petition immediately. Is the dismissal correct?
be legitimated? a. The order of the court is correct because the petition for habeas corpus has
a. With their marriage, the child C became legitimated. (RA 9585) become moot and academic.
b. C cannot be legitimated because there was a legal impediment to marry at b. The order of the court is not correct because it should have heard the case
the time A conceived and gave birth to her/him. to determine if the best interest of the child would be served if custody
c. C can acquire the status of legitimacy only by adoption of A and B. remains with X & Y or will he transferred to A & B.
d. C cannot be legitimated because he is not a natural child. c. The order of the court is correct because in the order of preference, the
grandparents are given preference by law.
37. X and Y are married. They were leasing a parcel of land in 2007; they d. The order of the court is correct because the mother has the right to choose
constructed a house on the leased lot valued at P1M and resided thereon. While the persons who will have custody of her child, looking into the best interest
in business, they incurred liability from Z who sued them for failure to pay. of the child.
Judgment was rendered and it became final and executory. Can the house be (Bagtas v. Santos)
levied upon?
a. The house can be levied upon to answer for the obligation because it is not 40. A & B, without the benefit of marriage lived together as husband and wife. They
a family home. had no legal impediment to marry one another. A was engaged in business. B
b. The house is exempt from execution because it is a family home. was at home taking care of their children and the household chores and helping
c. The house can be levied upon and sold, but the first P200,000.00 or A once in a while in the business but without any compensation. If the
P300,000.00 shall be given to X and Y. relationship ends, is B entitled to a share?
d. The house can be sold after levy because X and Y did not file a motion to a. A & B are governed by the law on co-ownership that they are entitled to a
quash the levy contending that the house is a family home, hence, waived share of 50-50 over the properties acquired during their coverture.
the right to invoke the exemption from levy. b. They are governed by a special form of co-ownership that even if she did
not contribute materially to the acquisition of the properties, she is
38. A and B are married. B filed an action for legal separation on the ground of entitled to ½ because of the presumption of equal contribution.
sexual infidelity of A which was granted. Can A inherit from B? c. B is not entitled to a share of the properties because she never contributed
a. Absolutely, No; to the common fund.
b. Yes, under the law of intestate succession; d. For B to be entitled to a share of the properties, she has to prove her
c. Yes, under the law of testate succession; material contributions.
d. No, because his act constitutes an ingratitude.
41. A & B are married. They have a child C, who is in grade 3 at the West Central d. C carries the middle name of his adopting father.
Elementary School, Dingras, Ilocos Norte. While inside the classroom, C, stabbed
D with his pencil resulting in injuries. Is the teacher liable? 44. Jennifer was born an intersex and registered as a female. As she was growing
a. The teacher is not liable because the school is not a school of arts and up, there was no development of her female sexual organ and her breast. But
trades. there was more development of her male organ, hence, she filed a petition for
b. The teacher is liable regardless of the nature of the school but can prove correction of entries in her record of birth from female to male and to change
the diligence of a good father of a family. her name from Jennifer to Johnny. Will the petition prosper?
c. The school, administrators and the teacher are solidarily liable for their a. The petition cannot be granted because corrections sought are material
negligence. entries.
d. The parents are solidarily liable because of their failure to observe due b. The petition can only be granted through an adversarial proceeding.
diligence in the custody of their child, since the parents should be the first c. The petition can be granted because if a person was born an intersex,
teachers of their children. 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
42. X & Y are married. They have a daughter who is 5 years old. They are living reaches the age of majority.
separately in fact. Y left the custody of her child to Z, her sister and went to live d. The petition to change her name cannot be granted because to change
with S, a married man. S & Y wanted to get back the custody of Z. Will the action one’s name is a matter of privilege.
prosper? (Rep v. Kagandahan; Rep v. Silverio)
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 45. Which is not a proof of filiation?
the mother. a. Record of birth duly signed by the father.
c. No. They cannot because it would be impossible to have a moral b. Unprobated will which contains recognition of a child.
development of Z under an immoral environment. c. Baptismal certificate.
d. Yes. They can because in the line of preference of custody, Y has the right to d. Revoked will containing recognition of a child.
have custody over her child.
(Cervantes v. Fajardo) 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
43. A & B, without the benefit of marriage lived together as husband and wife. They for declaration of nullity of their marriage and moved for the suspension of the
begot C. A, the father adopted C to elevate him to the status of legitimacy. What criminal case. Will the action prosper?
is the middle name of the child? a. A’s motion cannot be granted because the marriage is presumed to be valid
a. C has no middle name because there is no law on middle name. until nullified.
b. C carries the surname of his biological mother because of customs and b. The motion cannot be granted as it is not a prejudicial question.
traditions of Filipinos. c. The motion cannot be granted because A should have filed an action to
c. C carries the surname of his biological mother inorder not to make it declare the marriage void before getting married to C.
difficult for him to prove relationship to her when the issue of succession d. The motion will be denied because A cannot benefit out of his own
will arise. wrongdoing.
(Mercado v. Tan) 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
47. A and B are married. They have properties including a family home. B to C, but when the signing of the contract came, B did not consent to the sale.
predeceased her husband A. Before A died, he executed a will instituting his During the negotiation, they delivered the property to C. Is the sale valid?
wife and children, C, D & E. The family home was willed unto C, hence, he is now a. The sale is valid because a contract is valid in whatever form it may be
claiming to be the exclusive owner of the house & lot. Is C correct? entered into.
a. The giving of the family home to C is correct because a will is an act b. The sale is void because it was done by A without the consent of B.
whereby a person is given the right to control a certain degree the c. The sale is valid because the consent in the negotiation can be treated as
disposition of his estate to take effect after his death. consent in the perfection.
b. The act of A is not correct because the family home remains to be so as the d. The sale is valid because the property has already been delivered to C.
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 51. A & B are married. They have a daughter C who is only 5 years of age. B, without
testator. the consent of A went to the USA and worked as a nurse and left her daughter
d. A’s act is correct and the will will transmit absolute ownership to C after it with her parents as A is a soldier who is always out of the conjugal dwelling. Can
shall have been probated. A recover the custody of his child?
(Arriola v. Arriola) a. A can recover custody of his daughter because parental authority is
inalienable.
48. A, a man & B, a woman, lived together as husband and wife without the benefit b. A cannot recover custody of his daughter because it may not be possible for
of marriage, resulting in the birth of C. A signed the record of birth of C. Who him to attend to her needs.
has a better right of custody over C? c. The parents of B have a better right to take care of C considering that they
a. B has a better right of custody, C being an illegitimate child. are affluent and the best interest of the child is of utmost importance.
b. A has a right to have custody because he recognized the child. d. A cannot recover the custody of his child because the mother’s decision is
c. A has no right to have custody but he has to support C. binding as the child is below the age of 7.
d. A & B can have joint custody over C considering that A recognized the child. (Santos v. CA)
(David v. CA)
52. A & B lived together as husband and wife without the benefit of marriage. For a
49. A & B are married. They have children, C & D. After A died, B gave birth to E. the few months before his death, A was writing his autobiography and stated that
children suspected that E is not the child of their father. Who can impugn the he loved B so much and because of that, they decided to live together as
legitimacy of E? husband and wife, but planned to marry. At the time he was writing his
a. C & D can impugn the legitimacy of E. autobiography, B was pregnant and he stated in his autobiography that he was
b. Only A can impugn the legitimacy of E. the father of the child inside the womb of B. He died without finishing it and
c. X & Y, the parents of A can impugn the legitimacy of E. failed to sign the same. Two (2) months thereafter, the child C, was born, hence,
d. C & D cannot impugn the legitimacy of E because it prescribed after A’s B sought to register the child under the name of A but the Local Civil Registrar
death. 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 from Samson to Delailah as he was marrying his fiancé. The lower court granted
that time. E the brother of A likewise testified along the same line. Is the action the petition. Is the order of the court correct?
of B correct? a. The order is correct because it is the right to a person to choose his/her
a. The child cannot be registered under A’s name because the autobiography gender.
was not signed. b. The order is correct because a person’s status can be changed thru the
b. The child cannot be registered under A’s name otherwise, it would be easy intervention of medical science due to the advances in science and
for a woman to vest legitimate status upon a child even if he is illegitimate. technology.
c. The child can be registered under A’s name because of the principles in the c. The order is correct as there would be no adverse effects, but rather, it
rules of evidence of pedigree declaration against interest supported by the would redound to the benefit of Samson.
autobiography and the testimonies of D & E. d. The order is not correct because it wreaks havoc to the marriage law;
d. The child cannot be registered under A’s name because an unsigned create confusion in the civil registry and change of sex is not a ground to
document is not evidence of recognition. change one’s name.
53. A, a married man had amorous relationship with B, resulting in the birth of C. C’s 55. A & B are married with children C & D, but were living separately from one
existence is with the knowledge of his wife and children. In fact, A and his family another. A got married to E and begot children, F & G. After his death, E, F & G
were even supporting C who was welcomed in all family occasions. What is the filed a petition for settlement of his estate. B, C &D intervened to claim their
meaning of the acts of A and his family? share of the estate and contended that since F & G are illegitimate as the
a. The acts of A and his family are considered as acts of recognition. marriage of A & E is void, their share is only ½ of the share of the legitimates. Is
b. The acts of A can be considered as proof of filiation without need of going to the contention correct?
court. a. The contention of B, C & D that the marriage of A & E is void is not correct
c. The acts of A can be considered as proofs of filiation but C has to go to because only A & E can question the validity of their marriage.
court and prove filiation through those overt acts. b. B, C & D can contest the validity of the marriage of A & E in the settlement
d. C cannot go to court to prove filiation considering that there is no of his estate as an exception to the rule due to the law on succession.
documentary evidence showing recognition. c. There is no use to question the marriage of A & E anymore because it has
(Alberto v. CA) become moot and academic due to A’s death.
d. The contention of B, C and D is not correct as they should have filed the
54. Samson, the son of a wealthy family has always claimed that since childhood, he settlement of estate of A and put up the defense of invalidity of the
was not a boy. He played with the girls and did not mingle with the boys. After marriage of A and E if their children would intervene.
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 56. A & B are married. They put into writing an agreement that they would live
possibility of sex transmission from that of male to that of a female. The sex separately where they can live with other partners. A went to live with C, his
transmission was done in Thailand and which was certified as successful by a childhood sweetheart, hence, B filed an action for legal separation invoking as
medical expert in Manila, hence, he claimed to be a woman. He filed a petition ground, sexual infidelity. Will the action prosper?
for correction of entry of his record of birth from male to female and his name a. The action will prosper because of the act of A which is a ground under the
law.
b. The action will not prosper because of the consent of B. b. The action will not prosper because there is a need for conviction of A for
c. The action will prosper because the agreement is void as it is contrary to law the crime committed.
and morals. c. The action will prosper because the ground of attempt by one against the
d. The action will prosper because B is bound by the principle of estoppels by life of the other spouse needs only proof by preponderance of evidence.
deed. d. The action will not prosper because the act was a frustrated act of parricide,
not attempted parricide.
57. In the enumeration below, which is not a ground to dismiss an action for legal
separation under the law? 60. A & B entered into an ante nuptial agreement that they would be governed by
a. Condonation; c. Mutual guilt; the conjugal partnership of gains when they will get married. A year thereafter,
b. Consent; d. Death. they got married. Can they change their property relationship during the
(Sy v. Eufemio) marriage?
a. They can enter into a contract changing their property relationship and from
58. A & B are married. They have a house and lot at Forbes Park which was its perfection, they would be bound by another property regime.
acquired out of their incomes during the marriage. While serving as ambassador b. They can enter into a contract to change their property regime and it binds
in Japan, he lived with C and begot children. After his retirement, he came back them due to the principle of liberty of contracts.
to the Philippines but went to live with C. He wanted to sell the house but B c. They can enter into a contract changing their property regime but must file
refused to give consent, hence, he filed an action in court seeking for authority a petition in court for its approval.
from the court to sell the property. B filed an answer with a counterclaim for d. They can enter into a contract changing the property relationship and be
legal separation. The counterclaim was granted. Is A entitled to a share of the bound thereby because of the principle of mutuality of contracts.
house and lot? (Art. 76; 136; 135, FC)
a. A does not have a share in the house and lot because he was pronounced
the guilty spouse in the action for legal separation. 61. A & B are married but due to conflicts, A left the conjugal dwelling and went to
b. A can have a share in the house and lot because it was acquired through live with C, one of his children. Despite B’s pleas, A refused to return to the
their joint efforts. conjugal dwelling. Can B file an action to compel A to return?
c. The court can allow the sale of ½ of the house and lot since it is co-owned a. B can file an action to compel A to return to the conjugal dwelling because it
by them, sharing 50-50 when the marriage shall be dissolved. is A’s duty to live with her.
d. A is not entitled to a share of the fruits of the conjugal partnership b. B cannot compel A to return to the conjugal dwelling because to live
consisting of the difference between the value of the property at the time together as husband and wife is a mere personal and voluntary act.
it was acquired and at the time of the legal separation. c. B can sue A for him to return to the conjugal dwelling because the law
mandates him to live with her.
59. A & B are married. During the marriage B filed an action for legal separation d. B can file a petition for habeas corpus citing her children as respondents for
alleging that A shot her and seriously wounded her resulting in her permanent them to produce the body of their father in court for the court to order A to
disability. Will the action prosper? return to the conjugal dwelling.
a. The action will not prosper because B did not file a criminal case for (Ilusorio v. Bildner & Ilusorio)
frustrated parricide.
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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, 66. A & B are married. They have a 10-year old son, C. X & Y, who are childless filed
where will his share go? a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted
a. His share of ½ of the properties shall go to the conjugal partnership in his for resolution on December 15, 2010. On December 31, 2010 C was playing with
marriage with A. a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed
b. His share shall go to his children with A. the gun to D, squeezed the trigger and killed D. the petition was granted on
c. His share shall go to his children with his wife. January 10, 2011. Who are liable?
d. All the properties acquired in their coverture shall go to the conjugal a. The parents of D can sue A & B for damages because they still had custody,
partnership of his legally wedded relationship. instruction and supervision over C at the time of the incident.
b. The parents of D can sue X & Y for damages because the effects of adoption
63. A & B are married. A became a member of the US Armed Forces but when he are retroactive to the date of the filing of the petition for adoption.
came back to the Philippines he found out that his wife was cohabiting with his c. The parents of D can sue A & B, X & Y for damages who are solidarily liable.
brother. When he went back to the USA, he divorced B; then got married to C. d. The parents of D can sue C represented by his parents but his properties can
He died and in the petition for settlement of his estate, B contended that she is be made to answer for the damages sustained.
entitled to inherit. Is B correct?
a. B is correct because of the original relationship between A & B. 67. May the status of a child be the subject of a compromise or contract?
b. B is not correct because what governs the successional rights of A is his a. Yes, provided it is freely agreed upon.
national law. b. Yes, because of the principle of mutuality of contracts;
c. B is correct because in Philippine law as A is only an American citizen from c. No, because of public policy as paternity and filiation must be judicially
the point of view of USA law. established;
d. B is correct because she acquired a vested right when they got married. d. Yes, because it can be left to the will of the parties.
(Uy v. Chua, September 18, 2009)
64. If homosexuality is concealed, it is a ground for: See: Arts. 2035, 1306, NCC)
a. Annulment of marriage;
b. Legal separation; 68. How many years should a person be absent in order that he may be presumed
c. Declaration of nullity of marriage; dead including the opening of his succession?
d. The other spouse to live separately from the other. a. 7 c. 10
b. 4 d. 2
65. If a person who has been declared psychologically incapacitated, can he get
married again? 69. How much of their properties may the future spouses donate to one
a. No, because it is a permanent incapacity. another?
b. Yes, because the incapacity is merely partial. a. 100% c. 50%
c. No, because he cannot give his consent due to mental psychoses. b. 20% d. 25%
d. No, because he cannot comply with the essential duties to the marriage (Art. 84, Family Code)
bond.
70. Is the prohibition against the spouses donating to one another during the (Te v. Te; Rep. v. CA, et al.)
marriage absolute?
a. Yes, because it is contrary to law; 74. What is the remedy of a spouse if the other leaves the conjugal dwelling and
b. Yes, because it is contrary to public policy; refuses to return and lives with the parents?
c. No, because they can give to one another gifts during the marriage a. File a petition for habeas corpus;
within their capacity to purchase. b. File a complaint for specific performance to compel him/her to return;
d. Yes, because there might be under influence by one against the other. c. File a complaint for support;
(Art. 87, Family Code) d. No remedy in court because the act of living together is a mere
voluntary act which cannot be compelled by any proceeding in court.
71. A and B had amorous relationship resulting in the birth of C. B filed a claim (Art. 68, F.C.; Arroyo v. Vasquez; Ilusorio v. Bildner, et al.)
for temporary support of her unacknowledged child which she sought in an
action for the issuance of temporary protection order against A. Is the 75. X and Y are married. They have a daughter Z. They are living in the house of
remedy proper? Y’s parents, but left the house because of differences with his parents-in-
a. Yes, as an incident of the action for temporary protection order due to law and his wife due to her refusal to leave the house. He was prevented
child abuse under RA 9262; from visiting his child and the latter was prevented from seeing her father?
b. Yes, because it is the duty of father to support the child; What is the remedy of X?
c. No, the remedy is to file an action for compulsory recognition to a. File a petition for habeas corpus;
establish filiation; b. File a complaint to compel the wife to live with her at a different place;
d. Yes, to be fair to the child who never asked to be born. c. File a complaint for damages;
(Dolina v. Vallecera, G.R. No. 182367, December 15, 2010, Abad, J) d. File a complaint for damages de to abuse of right.
(Salientes v. Abanilla)
72. The following are the characteristics of psychological incapacity, except:
a. Juridical antecedents; c. Refusal to have sex; 76. A and B are married. A filed an action for declaration of nullity of their
b. Grave; d. Incurable. marriage on the ground of psychological incapacity. In its judgment, the
(Santos v. CA) 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
73. Which of the following statements is correct? Family Code.
a. A spouse who refuses to live with the other spouse can be declared as a. The order is correct because the law requires distribution, partition and
one suffering from psychological incapacity; liquidation of the properties before the decree is issued;
b. A spouse who spends more time with his friends is suffering from b. The order is not correct because the rules in Article 147, F.C. apply only
psychological incapacity; if the marriage is declared void on the ground of psychological
c. A spouse who has a narcissistic personality disorder is suffering from incapacity;
psychological incapacity; c. The order is correct regardless of whether the marriage was declared
d. A spouse who marries another during the marriages is suffering from void on the ground of psychological incapacity or because it is
psychological incapacity. absolutely void because of a prior marriage
b. They must adopt jointly; d. They may adopt

77. A and B are married. A, with the use of fraud, sold a parcel of land belonging jointly.
to them in 1990. B discovered it in 2011. Can he still file an action to declare
the sale void? 81. What is the required age difference between the adopter and the adopted?
a. No more because the action has already prescribed; a. 15 years; c. 20 years;
b. Yes, because the sale is void, hence, the action is imprescriptible; b. 16 years; d. 14 years.
(Fuentes v. Roco, 4-21-10)
c. No, because the 4-year period to file action based on fraud has 82. A and B are married. A filed a petition for adoption alone but B consented to
prescribed; the adoption by executing an affidavit of consent and testified in court
d. No, because the buyer is a buyer in good faith and for value. giving his consent to the adoption. Will the petition prosper?
a. No, because it is not a joint petition;
78. After the heirs of an 80-year old man who disappeared for more than 5 b. No, because the requirement of a joint petition for adoption is
years partitioned his properties, he re-appeared. What happens to the mandatory;
partition? c. Yes, for while the procedural statute requires a joint adoption by the
a. It is automatically considered void since there was no transmission of spouses, yet it must not be applied to defeat the benevolent intention
successional rights; of the adopter, that is to promote the welfare of the child;
b. He can file an action for nullity; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369)
c. He can recover his properties in the condition in which it may be found d. No, because adoption rules are mandatory.
and the price of any property that may have been alienated.
d. He can recover the fruits or rents of his properties. 83. Of the following statements, which is not correct?
(Art. 392, NCC) a. The guardian cannot adopt the ward before the approval of the final
account to prevent commission of fraud in handling his properties;
79. A and B got married which is not correct in the following statements, b. The guardian cannot adopt the ward because it might be used as a
a. B must carry the surname of A; shield to commit fraud;
b. B may carry her maiden name and surname and add her husband’s c. The guardian cannot adopt the ward to prevent any prejudice to him;
surname; d. Even before the approval of the guardians final account, the ward can
c. B may carry her maiden first name and her husband’s surname; be adopted by him to serve his best interest.
d. B may carry her husband’s full name but prefixing a word indicating that
she is the wife such as “Mrs.”. 84. X has a daughter Y. She left for Italy to look for a job and worked there for
(Art. 370, NCC; Yasin v. Sharia Court) 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
ADOPTION consent of X contending that Y has been abandoned by X. How do you think
the court will decide?
80. What is the requirement if the husband and wife would like to adopt? a. It will grant the petition to serve the best interest of the child;
a. They can adopt jointly; c. They shall adopt jointly; b. It will grant even without the consent of X due to abandonment;
c. It will deny due to lack of consent as there was no abandonment as c. The parents of D can sue A & B, X & Y for damages who are solidarily
she was merely impelled by financial constraints to go abroad; liable.
d. It will grant because having left Y for 10 years is considered as evidence d. The parents of D can sue C represented by his parents but his properties
of abandonment. can be made to answer for the damages sustained.
(Landingin v. Rep., June 27, 2006)
PROPERTY
85. Which of the following is not correct in relation to an adopted child?
a. He inherits like a legitimate child; 88. A borrowed money from B. As security for the payment of the loan, he
b. He cannot be preterited; executed a chattel mortgage on the building erected on his land and the
c. He has the right of representation; machinery stored therein. For failure to pay the loan, he was sued and a
d. By virtue of adoption, the adopter and the adopted acquire reciprocal judgment was rendered against him, where the building and the machinery
obligations arising from their relationship. were levied upon. Is the chattel mortgage binding upon C, the plaintiff?
a. Yes, because the contract is the law between the parties;
86. A and B are married. They have an adopted child C. A died leaving as heirs, B b. Yes, insofar as the machinery is concerned but void on the building
and C and X. the father of A. State the effect of the presence of C as far as (See: Art. 415, NCC0;
the right of X to the estate of A is concerned. c. Yes, with respect to both the building and the machinery because of the
a. X shall inherit as A left no legitimate child; principle of liberty of contracts;
b. X is excluded by the presence of C because an adopted child inherits d. No, C is not bound at all because he is not a party to the contract.
like a legitimate child; (Art. 979(2), NCC)
c. X and C can inherit together but C will inherit like an illegitimate child. 89. A leased a parcel of land to B. Without A’s consent, B constructed a
(Art. 343, NCC) – It has been deleted by the Family Code.) warehouse. What is the nature of the warehouse?
d. X shall be entitled to inherit as the relationship between A and C is a. It is a personal property because the builder was in bad faith;
b. It is a personal property because the builder is not the owner;
87. A & B are married. They have a 10-year old son, C. X & Y, who are childless c. It is immovable because the only criterion is union or incorporation
filed a petition for adoption on June 16, 2010, seeking to adopt C. It was with the soil. (Ladera v. Hodges (CA) 48 O.G. 4374)
submitted for resolution on December 15, 2010. On December 31, 2010 C d. Personal because it is a structure which can be removed by the builder.
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 90. A leased a parcel of land from B. With B’s consent, A put up a manufacturing
petition was granted on January 10, 2011. Who are liable? business on the property and attached a machinery. What is the nature of
a. The parents of D can sue A & B for damages because they still had the machinery?
custody, instruction and supervision over C at the time of the incident. a. The machinery is always a movable property.
b. The parents of D can sue X & Y for damages because the effects of b. The machinery is now immovable by destination.
adoption are retroactive to the date of the filing of the petition for c. The machinery can be considered immovable if there is a provision in
adoption. the contract of lease that the same will become B’s property when the
contract will expire.
d. The parties cannot change the nature of the property even by 94. River beds which are abandoned through the natural change in the course
agreement. of the water belong to whom?
(Davao Sawmills v. CA) a. Owners whose land are occupied by the new course in proportion to
the area lost.
91. The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot b. Owners whose land are occupied by the bed course in proportion to the
belonging to Mr. P for non-payment of tax. A was the highest bidder. P was length of the area lost.
not able to redeem his property, hence, a title was issued in favor of A. He c. Owners of the land adjoining the old bed in proportion to the area lost.
filed a motion for the issuance of a writ of possession over the house and d. Owners of the land adjoining the new bed in proportion to the area lost.
lot. What is the right of Mr. P?
a. A has to pay the value of the house because P is a builder in good faith. 95. A is a squatter on the land of B and constructed a house. When sued for
b. A has to pay the value of the house of P considering that when he forcible entry, he asked for reimbursement from B for the improvements. Is
moved for a writ of possession over the lot and the house, he A correct?
appropriated P’s house. a. Yes, he is entitled to the extent of the value of the improvement;
c. A does not have to pay the value of the house because when he became b. Yes, to the extent of 50% of the value of the improvement;
the owner of the land, he became the owner of the accessory which is c. Yes, but only for the expenses in the preservation of the land; (Art.
the house. 449, NCC)
d. A does not have to pay the value of the house because the sale of the d. Yes, for the value of the necessary improvement.
lot implies the sale of the house.
(Nuguid v. CA) 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
92. Which of the following instances treats a building/structure as an was found to be intruding into the share of B. What is the right of B?
immovable property? a. A can be evicted by B.
a. A building which is constructed on the land and the same is mortgaged b. B can appropriate the portion of A’s house intruding into his share as A
apart from the land on which it has been built. is a builder in bad faith.
b. A barong-barong built by X on his lot. c. A may compel B to buy his house.
c. A building used as security in the payment of an obligation where a d. Since A is a builder in good faith, B may exercise the option to sell the
chattel mortgage is executed over it. land or appropriate the improvement.
d. A building bought for purposes of demolishing the same. (Art. 448)
93. Whenever the current of a torrent segregates a known portion of the land 97. A is the owner of a parcel of land covered by TCT No. 123 located in a
and transfers it to another, the owner of the land to which the segregated subdivision property being developed by XYZ Corporation. He did not know
portion belonged retains the ownership of it. What do you call the process? the exact location of the lot, hence, he consulted the developer who
a. Accretion c. Regalia Doctrine pointed to a lot, hence, he constructed his house. It turned out that it was
b. Alluvium d. Avulsion another lot covered by TCT No. 124. Is A a builder in good faith?
a. A is a builder in bad faith because he has a title over his property.
b. A is a builder in good faith because, not being an expert he relied on of the lease, A demanded X to vacate the premises but not appropriate the
the representation of the developer. improvement. Is X entitled to reimbursement of the improvements?
c. A is a builder in bad faith because he should have known the boundaries a. No, because he is a builder in bad faith.
of his property and the location of the same. b. Yes, because he is considered in good faith.
d. A is a builder in bad faith because of his negligence in not asking a c. No, because he can remove the improvements.
geodethic engineer to determine the exact location of his property. d. Yes, to the extent only of one-half of the value of the improvements if
(Rosales v. Castelfort) the lessor appropriates it.
98. What are the rights of a builder in bad faith? 101. X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y’s
a. The builder in bad faith may demand for the reimbursement of taxicab. Who owns the celphone?
improvements of the land. a. Y is the owner under the principle of finder’s keepers.
b. The builder in bad faith may demand for the payment or b. Y is the owner as he is in actual possession.
reimbursement for necessary expenses for the preservation of the land c. X is the owner as he was deprived of possession.
and value of the building. d. Y is the owner if the same is surrendered to the proper authority and
c. The builder in bad faith as a rule has no right but he is entitled to the owner did not claim the same within a period of six (6) months
reimbursement for necessary expenses for the preservation of the after publication.
land, not the value of the building.
d. The builder in bad faith is entitled to reimbursement of all expenses 102. By hidden treasure is understood, for legal purposes, any hidden and
available for reimbursement. unknown deposit except:
a. Money c. Precious objects
99. A owns a house and lot which is made of concrete materials. A then sold it b. Jewelry d. Mineral deposits
to B for purposes of demolition. How do you classify the house? (Art. 438 & 439)
a. Personal property because it is subject of a contract of sale.
b. Immovable property because by reason of immobilization by 103. To whom does hidden treasure which is discovered belong?
destination. a. Hidden treasure belongs to the owner of the land, building, or other
c. Immovable because under Article 415 of the Civil Code, everything property on which it is found.
attached to an immovable property in a fixed manner in such way that it b. Hidden treasure belongs to the State because of the Regalian Doctrine
cannot be separated therefrom without breaking the material falls in which the full ownership of all natural resources on natural matter
under immovable property. than may be found in the bowels of the earth shall belong to the State.
d. It is movable or personal property because a building sold to be c. Hidden treasure belongs to the person who finds it.
demolished may be considered personal property because the true d. Hidden treasure belongs to the State, owner of the land in which it is
object of the sale would be the materials. found and to its finders.
100. X leased real property situated in Malate, Manila which is owned by A. 104. A is the owner of a parcel of land. B, with a gadget to detect hidden treasure
During the period of lease, X introduced improvements. Upon the expiration 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 a. Rex Publishing can recover the books because it was unlawfully
B entitled to 1/2? deprived when the check was dishonored.
a. No, because he is not a finder by chance due to his intention; b. Rex Publishing can file an action for rescission of the contract.
b. No, because he should have found it by sheer luck; c. Rex Publishing can file an action for sum of money against A, or file
c. Yes, because he is a finder by chance even if he had the intention to criminal cases for violation of BP22 and Art. 315, RPC.
look for it as it is enough that he had the intention to look for it; d. Rex Publishing can file an action for declaration of nullity of the contract
d. No, he is entitled merely to compensation for his efforts. of sale.
(Edca Publishing & Distributorship Co. v. Santos)
105. Suppose in the problem above, B had a map and A is out of the country. Is
he entitled to ½? 108. A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in
a. No, because he is a trespasser; Laguna. The three (3) brothers agreed to convert the land from a riceland to
b. No, because since he has a map, he is not a finder by chance; a subdivision. D, the sister disagreed. Is D’s act valid and what is the remedy
c. Yes, since there was no prohibition for him to enter the premises, he is of the brothers?
still a finder by chance as he is not a trespasser; a. No, because she is a minority co-owner, the decision of the majority
d. No, because by chance means good luck. prevails;
b. No, because while it is an alteration the consent of the controlling
106. A & B entered into a contract of sale over A’s car for P500,000.00. A has to interest is merely required;
register the car first before payment and delivery. After the registration of c. Yes, because it is an alteration which requires the consent of all the co-
the car, A called up B that the car was ready for pick up. B asked him to send owners but if the refusal of C is clearly prejudicial to the common
his driver to deliver the car as he was going to pay before delivery. B was interest, the alteration may be allowed;
able to convince the driver to leave the car at his garage and will just d. No, because it is prejudicial to their common interest.
deposit the amount with A’s account for fear that the driver might be the
subject of a hold-up. Instead of depositing the amount, he sold the car to C. 109. A, B and C are the co-owners of a parcel of land located in the City of Manila
Can A recover the car from C? consisting of 90 square meters. A sued B and C for partition. How do you
a. A cannot recover the car anymore because B has become the owner by thing the court will decide?
virtue of delivery. a. It will grant the action since land is basically divisible;
b. A can recover the car from C because he was unlawfully deprived. b. It will dismiss because the land is so small;
c. A cannot recover from C because he is a buyer in good faith and for c. It will dismiss because the land is so small that to divide it will render it
value. useless for the purpose it is intended;
d. A’s only remedy is to file an action for sum of money against B. d. It will grant the action otherwise, A, B and C will be deprived of their
right to make use of the property.
107. 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 110. In the question above, where D refuses to agree, what would be your advice
dishonored when it was presented for payment. He sold the books to B. Can to A, B and C?
Rex Publishing recover the books? a. I would advice them to file a suit to compel her to give consent;
b. I would advice them to sue her for damages; d. The action will not prosper because the suit by A is not in
c. I would advice them to file an action for partition; representation of the co-ownership.
d. I would advice them to develop the land and leave a portion equivalent (Art. 487, NCC; Arcelona v. CA)
to the share of D.
(But D is entitled to a right over any party of the land.) 114. What is the status of the sale of the whole property by one co-owner?
a. Valid sale as to the whole property.
111. In the question above, A, B and C agreed to use the amount of P100M left b. Valid sale only as to the share of the seller co-owner.
by their parents for the development of the land. D disagreed. Is D’s act c. Sale is void on whole property as there is no consent from the other co-
correct? owner.
a. No, because it is prejudicial to the interest of the co-ownership; d. Unenforceable
b. Yes, because the expenditure is not a mere act of administration, but an
act of dominion; 115. Which of the following is false with regard to the prescription on action to
c. Yes, because the expenditure is not a mere act of administration but quiet title?
an act of dominion which needs the consent of all; a. If the plaintiff is in possession, the action to quiet title does not
d. No, because being trustees of one another, they are presumed to act prescribe.
favorably for every co-owner. b. If the plaintiff is not in possession, it may prescribe.
c. Whether the plaintiff is in possession or not, the action to quiet title
112. A, B, C & D are the co-owners of a parcel of land. They agreed to orally will prescribe.
partition the property. Is the partition valid?
a. The contract of partition is void because it was not put into writing. 116. What should a co-owner do inorder that he can recover expenses in the
b. The contract is unenforceable because it was not put into writing. alteration of co-ownership?
c. The contract is valid because a contract can be in any form. a. Not secure the consent of the other co-owners anyway it is for the
d. The contract is valid and enforceable because in matters of realty, the benefit of the co-ownership.
Statute of Frauds governs only conveyances and leases and partition is b. Secure a unanimous consent of the co-owners.
not a lease; it is not a conveyance but merely segregation of a c. Not secure consent of the co-owners since they did not contribute for
property. the alteration of the property.
(Vda. de Reyes v. CA) d. Secure the consent of majority of the co-owners.
113. A, B & C are the co-owners of a parcel of land. They leased it to D. For failure 117. The following are some of the characteristics of a co-ownership except one:
to pay the rents, A alone sued D. Will the action prosper? a. A co-owner is in a sense a trustee for the other co-owners.
a. The action will not prosper because B & C are indispensable parties. b. Co-ownership has judicial personality.
b. The action will not prosper because of failure to implead B & C who are c. There must be more than one subject or owner.
real parties in interest. d. Regarding the physical whole, each co-owner must respect each other
c. The action will prosper because anyone of the co-owners may sue for in the common use, enjoyment or preservation of the physical whole.
ejectment.
118. Within what period should the owner of a property subject of avulsion (Art. 438, NCC)
recover the lost property?
a. 2 years c. 3 months 122. Which of the following is a characteristic of a co-ownership?
b. 6 months d. 1 year a. The co-ownership possess juridical personality.
b. Regarding the ideal share, each co-owner does not hold any control
119. A, B and C inherited a real property from their father. Subsequently, over the same.
knowing that he is the co-owner of the said property, A mortgaged the c. A co-owner is in a sense a trustee for the other co-owner.
same to D. For failure to pay, D foreclosed the same. d. Regarding the physical whole, a co-owner uses and enjoys the same to
a. B and C can redeem the said property after paying the foreclosed the exclusion of the others.
amount.
b. A should pay B and C corresponding to the value of their respective 123. Which of the following is not a ground for extinguishment of a usufruct?
share. a. Prescription c. Bad use of the thing
c. B and C may redeem the property only to the extent of their respective in usufruct.
shares. b. Total loss of the thing in usufruct d. Non-user for 6
months.
120. 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? 124. In taking care of the thing in usufruct, what degree of diligence is required?
a. Yes, it is valid, because the right of alienation is one of his rights over a. Good father of a family c. Utmost diligence
the ideal shares in the co-ownership. b. Ordinary diligence d. Extraordinary
b. No, it is invalid, because the consent of his co-owners is material for the diligence
sale to be valid.
c. Yes, it is valid because the co-owners did not object when he sold his 125. In 2001, A granted a usufruct over his building to B until February 23, 2011
part. when C, the son of B would have reached the age of 25. C died at the age of
d. No, it is invalid because a co-owner cannot sell his part to third person 23 in 2009. What happened to the usufruct?
without offering it first to his co-owners. a. The usufruct was extinguished;
b. The death terminated the usufruct;
121. In case of a conflict between two persons regarding the possession of a c. The usufruct subsists because a usufruct granted for the time that may
certain property, which of the following rules is incorrect? elapse before a third person reaches a certain age shall subsist for a
a. Present possessor is preferred. number of years specified even if the third person should die unless
b. If both are in possession, the one longer in possession shall be there is a stipulation to the contrary (Art. 606, NCC)
preferred. d. The usufruct continues because B, the trustee is still alive.
c. If possession started at the same time, the one with the title is
preferred. EASEMENT
d. The court shall determine who among the conflicting parties has the
right of possession.
126. A built his house on his lot up to the boundary line and opened windows fence on its property, thus closing the road. Can A demand the reopening of
with direct view over the lot of B. Twenty (20) years later, B built his house the road?
up to the boundary line of his lot, hence, A filed a complaint enjoining B a. A can demand for the reopening of the road because he acquired the
from building his house up to the boundary contending that he has acquired right to use it by prescription.
the easement of light and view by prescription and that B cannot build less b. A can demand for the reopening of the road because it is the nearest to
than 3 meters from the boundary. Is A correct? the highway.
a. Yes, because of prescription and laches; c. A cannot demand for the reopening of the road because there is an
b. No, because there was no formal prohibition by means of an adequate road of the subdivision belonging to XYZ Corporation.
instrument acknowledged before a notary public prohibiting B from d. A can demand for the reopening of the road because the roads of the
obstructing his easement of light and view; subdivision of XYZ Corp. where his lot is located are not yet fully
c. No, because A did not observe the 2-meter distance between the developed, hence, it is very inconvenient for him to pass thru the same.
windows since the view is direct and the lot of B (Non-observance of
the distances does not give rise to prescription.) 129. What is the test in determining whether a person may demand an easement
d. Both B and C. of right of way?
(Art. 668 and 679, NCC; Cortes v. Yutivo, 2 Phil. 24; Fabie v. Lichanco, 11 a. Least prejudicial to the servient estate and the shortest distance to the
Phil. 14; Cid v. Javier, 108 Phil. 850) highway.
b. Most prejudicial to the servient estate but shortest distance to the
127. A tolerated B to use his land, hence, B constructed a road where his trucks highway.
would pass through, going in and out of his land. Fifty (50) years thereafter, c. Creation of another way which is shortest to the highway and closing
A asked B to pay rentals but B refused contending that he has already the previous right of way.
acquired ownership over the easement of right of way by prescription. Is B d. Total inadequacy.
correct?
a. B is correct because possession of a parcel of land for ten (10) years in 130. A donated a property to B, but the property is surrounded by A’s property.
good faith will ripen to ownership. What is the right of B?
b. B is correct because of laches. a. Ask A for right of way without indemnity.
c. B is wrong because an easement of right of way cannot be acquired by b. Ask A for right of way with indemnity.
prescription as while it is apparent it is not however not continuous. c. Ask A to donate another property for B’s right of way.
d. B is correct because with the continuous use of the easement, d. Sue A for a right of way without indemnity.
prescription lied.
(Bogo Medillin Sugar Milling Corp. v. CA) 131. 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
128. A is the owner of a parcel of land, which is a part of a subdivision property that the compensation due the owner should be computed based on the
being developed by XYZ Corporation. His lot is adjacent to the road a. Value when the road was constructed
belonging to ABC Corporation hence, he used to pass through the road b. Date of filing the action in court
going to the national highway. In 2009, ABC Corporation constructed a c. Date of the judgment
d. Value of the land and the amount of damage caused to the servient c. Yes, because the donation is a donation mortis causa hence, it has to
estate. comply with the formalities of a will and since it did not, it is void; (Art.
(Art. 649, NCC; Bicol Agro-Industrial Producers Cooperative, Inc. v. 728, NCC)
Obias, et al., G.R. No. 172077, October 9, 2009). d. No, because a donation inter vivos is irrevocable.
132. A & B had an agreement for A to use B’s property as a right of way. Five (5) 135. A executed a deed of donation in favor of B and sent it to Ilocos Norte. One
years later, an adequate outlet was opened to a highway near A’s property, month later A became insane and still insane when he received the notice of
hence, B filed an action to cancel the encumbrance of voluntary easement acceptance of the donation. He died without recovering his sanity. Is the
of right of way. The RTC granted. The CA may rule that: donation valid?
a. the RTC is correct because A has no more use of the easement. a. Yes, because at the time of the donation, he was capacitated;
b. the RTC is correct because a voluntary easement can only be b. Yes, because the acceptance can even be conveyed to his legal
extinguished by agreement of the parties. representatives;
c. the RTC is correct especially so that the dominant estate has been sold. c. Yes, because there is only one moment which must be considered
d. the RTC is correct because the servient estate has been sold. inorder to determine the donor’s capacity to make donation, that is the
(Unisource Commercial & Dev. Corp. v. Chung, et al., G.R. No. 173252, time of the making of the donation (Art. 737, NCC) when he offered to
July 17, 2009). donate;
d. No, Article 737 declares that the donor’s capacity shall be determined
DONATION 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
133. When is donation deemed perfected? moment the donor knows of the acceptance of the donation.
a. Upon the signing of the deed of donation;
b. When the donor comes to know of the acceptance of the donation by 136. State the nature of this donation: “I hereby donate to X “mortis causa” a
the donee; 1000 square meter lot worth P10M subject to the condition that this
c. Upon delivery of the object of donation; donation shall be deemed revoked if he fails to build a house on the land
d. Upon registration of the deed of donation. worth P1M within one (1) year from date hereof and delivery shall be made
after my death.”
134. The deed of donation by A in favor of B states: “Donation Inter Vivos” but a. It is a donation mortis causa as intended;
there is a provision that although the land donated shall be delivered to the b. It is a donation mortis causa since delivery will be made after death, it
donee immediately upon perfection of the same with right to enjoy the will be effective only from that time;
fruits of the land, it will pass to the donee after the death of the donor. c. Donation inter vivos that is conditional, the designation not controlling
After the donor’s death, the heirs sought to recover the property. Will the and that the conditions indicate that it is inter vivos;
action prosper? d. Mortis causa as it will take effect after death as delivery will confer
a. No, because since the donation is a inter vivos, it took effect driving the ownership upon the done.
lifetime of the donor;
b. No, because the donee has acquired ownership over the property;
137. “I hereby donate to A” a parcel of land subject to the condition that he will (DECS v. Del Rosarios; CPU v. CA; Rep v. Silim)
support me for the rest of my life, shoulder my hospitalization and burial
expenses.” What is the nature of the donation? 140. May a person sell that which he does not own?
a. Remuneratory donation inter vivos; a. No, otherwise the sale is void;
b. Conditional donation inter vivos; (obligation imposed is merely a charge b. No, otherwise, the seller cannot confer ownership upon the vended;
or burden whose value is less than the value of the thing given.) c. Yes, provided that he is the owner at the time of the delivery;
c. Onerous donation inter vivos; (the obligation to defray the support, d. No, otherwise, the buyer would be prejudiced.
etc. indicates that such obligation is the consideration for the donation (Art. 1459, NCC)
and vice versa. The properties donated are the conditions for the
donation. (Art. 726, NCC; Laureta v. Mata, 46 Phil. 668; Concepcion v. 141. May a person donate that which he does not own?
Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC) a. Yes, provided that it is accepted by the donee;
d. Conditional donation which can be revoked. b. Yes, provided that he can deliver it;
c. No, because he cannot confer ownership of something he does not
138. A donated a house and lot to B orally. Since then, B has been in possession own;
for a period of 30 years declaring the same for taxation purposes. Is the d. Yes, provided that the parties agree.
donation valid? (Art. 751, NCC)
a. No, the donation is void because it was not put into writing.
b. Yes, the oral donation can be the basis of a valid title because of laches. 142. May an oral donation propter nuptias be the basis of a title?
c. No, the donation is void because it was not put into a public a. No, because it must be in a public instrument;
instrument. b. No, because it must be in writing;
d. Yes, the donation is valid because a contract can be valid in any form. c. Yes, through adverse possession for 30 years. (Pensader v. Pensader,
(Heirs of Maningding v. CA) 47 Phil. 459);
d. No, because it is not effective as a transfer of title. (Heirs of Maningding
139. A executed a deed of donation to the DECS subject to the condition that it v. CA, 31 July 1987; Gesmundo v. CA, 23 December 1999).
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 143. A executed a deed of donation in favor of B who accepted it. It however
and constructed a school building. Twenty (20) years thereafter, it executed states that the donation will take effect upon A’s death and B cannot
a deed of exchange with B for a bigger property. Can A revoke the alienate, but it further states that B can register the deed and obtain a title.
donation? What is the nature of the donation?
a. A can ask for the recoveyance of the property because the donation is a. Mortis causa;
void as it was not accepted by DECS in the same instrument. b. Conditional donation inter vivos;
b. A cannot ask for reconveyance because there was acceptance thru c. Inter vivos;
DECS possession and compliance with the condition. d. Conditional donation mortis causa.
c. A can recover because DECS did not comply with the condition. (Reasons: Acceptance clause which is required in donations inter vivos –
d. A cannot recover because of prescription. Austria-Magat v. CA, February 1, 02; Prohibition against alienation
should be harmonized with its irrevocability. Said prohibition means c. The donation is valid because the illegal or impossible condition is
that after the donor’s death, the donation will take effect so as to make simply considered as not imposed. Hence, the condition is void but the
the donee the absolute owner free from any lien or encumbrances.) donation is valid.
d. The donation is unenforceable.
144. A executed a conditional donation to B who accepted it. When B failed to
comply, A sold it to C. Is the sale valid? NUISANCE
a. Yes, because of automatic revocation for failure to comply with the
condition; 148. Is a swimming pool an attractive nuisance?
b. Yes, because A was exercising a right; a. Yes, because it is attractive to persons of tender age at play.
c. No, because of the absence of automatic revocation clause; b. Yes, if there are instruments and implements that make it different
d. Yes, because he was still the owner at the time of the sale. from an ordinary body of water.
c. No, because it is just a mere duplication of a body of water.
145. What is the status of a conditional donation if the condition imposed is d. No, if the owner employed means to protect the lives and limbs of
unlawful? persons who enter into it.
a. Donation is void because it contains an illegal condition. (Hidalgo Enterprises v. Bandalan)
b. Donation is valid but the condition is considered as not imposed.
c. Donation is unenforceable. SUCCESSION
d. Donation is voidable.
149. A executed a will in his handwriting with three (3) witnesses, one of whom is
146. What kind of donation requires compliance with the elements of a valid the notary public. The probate was contested on the ground that the notary
will? public before whom it was acknowledged was one of the witnesses. How do
a. Donations mortis causa c. Conditional donation you think the court will decide?
b. Donations inter vivos d. Donations in consideration of a. It will declare the will void because there are only two (2) witnesses;
marriage b. It will declare the will void because the notary public cannot subscribe
before himself;
147. What is the effect if there is an illegal and impossible condition in a simple c. It may grant the probate and consider it a holographic will
donation? d. It will declare the will extrinsically void.
a. The illegality or impossibility of the condition will annul not only the
condition but also the obligation even if the impossible condition is a 150. The following are the questions which a probate court can determine,
condition not to do. except:
b. The illegality or impossibility of the condition will annul not only the a. Question on the identity of the will;
condition but also the obligation unless the impossible condition is a b. Question on the due execution of the will
condition not to do. c. Question of validity and nature of contracts
d. Question on the capacity of the testator.

151. Of the enumeration below, which is not a limitation of fideicommissary 154. The following can be considered as the rationale behind reserva troncal,
substitution? except:
a. The substitution must not go beyond one degree from the heir originally a. To reserve certain property in favor of certain relatives;
instituted (Art. 863, NCC); b. To maintain as absolutely as possible, with respect to the property
b. The fiduciary and the fideicommissary must be living at the time of the to which it refers, a separation between the paternal and maternal
death of the testator (Art. 863); lines, so that property of one line may not pass to the other, or
c. The substitution can burden the legitime (Art. 864); through them to strangers;
d. The substitution must be made expressly (Art. 865). c. To prevent persons outside of a family from securing, by some
accident of life, property that would otherwise remain therein;
152. In the will of Doña A, one of the beneficiaries is the wife of the minister who d. To show solidarity of the family.
rendered aid to the testator during the latter’s illness. Is she qualified?
a. No, because of the possibility of undue influence that may have been 155. In relation to reserva troncal, the following statements are correct,
exerted by the minister; except:
b. No, because since the priest is disqualified, the will is a circumvention of a. The reservista can sell the property, but subject to resolutory
the prohibition; condition;
c. Yes, because the law extends the disqualification of priests and b. The reservatarios may rescind the contract of sale by the reservista
ministers of the gospel to their relatives within the fourth degree as upon the death of the reservista;
well as the church, order chapter, community or institution to which c. The reservista can sell because he acquires ownership of the
they may belong. (Art. 1027(2); reservable property subject to the resolutory condition that there
d. No, because what cannot be done directly, it cannot be done indirectly. must exist at the time of his death reservatarios;
d. The reservista can execute a will to dispose of the property subject
153. A left a gross estate of P600,000.00 and debts amounting to P60,000.00. of reserve to his own relatives.
He was survived by his wife, three (3) legitimate children, and (Edroso v. Sablan, 25 Phil. 295; Lunsod v. Ortega, 446 Phil. 664)
acknowledged illegitimate child and an unacknowledged adulterous
child. How will you divide the estate? 156. A executed a last will and testament instituting his parents, brothers and
a. I will divide the estate giving ½ to the legitimates; ¼ to the wife and sisters. He did not institute his wife. Is the will valid is he did not institute his
the rest to the two (2) illegitimates; wife?
b. I will distribute it by giving ½ to the legitimates; same share as one a. The will is valid because it is A’s prerogative as to the persons whom he
of the legitimates to the widow; the illegitimates will get ½ of the wishes to institute because a will is an act whereby a person is given the
share of each of the legitimates; right to control to a certain degree the disposition of his estate to take
c. I will divide the estate equally among the legitimate children and effect after his death.
the widow; b. The will is valid because the wife is not an heir in direct line, hence
d. I will not give the illegitimates because of the iron curtain. there is no preterition.
c. The will is void because the wife is a compulsory heir of A.

d. The will is valid, anyway, the wife has a share in the conjugal d. V can inherit because the will of A is an act whereby he is given the right
partnership. to determine his heirs.
157. One of the four (4) witnesses in the will of A is the notary public. Is the will 160. A executed a will with B, C & D as witnesses. At the time of the subscription
valid? by A, C & D on each and every page of the will, B was outside the room with
a. The will is valid because the signature of the notary public is a mere an open door. Is the will valid?
surplusage. a. The will is void because it was not subscribed in his presence.
b. The will us void because the notary public cannot subscribe before b. The will is valid because the phrase “in the presence” does not mean
himself. actual seeing but mere opportunity to have witnessed and seen the
c. The will is valid because there is substantial compliance with the signing.
requirements of a will. c. The will is valid because there is substantial compliance with the law.
d. The will is valid especially so that the law must give tender care to the d. The will is void because it requires the presence of the witnesses to
will because it is the voice of the testator even after his death. prevent fraud, in the execution of the will and to protect the integrity of
(Cruz v. Villasor) the will.
158. In cases of reserve troncal, the reservista can sell the property subject of 161. X executed a will instituting his heirs. It was discovered 15 years after his
reserva. True or false? death, hence, the heirs consulted you whether they can still file a petition
a. True, but subject to resolutory condition, hence, can rescind the for its probate, considering that they have already extrajudicially settled his
conrtact; estate. What is your advice?
b. False, because he/she is not the owner as he holds the property merely a. Yes, because the probate of a will is imprescriptible as it is mandated
in trust for the reservatarios. by public policy.
c. True, because having a title over it, the buyer can just rely upon the title b. No more because it has already prescribed.
under the mirror doctrine. c. Yes because they cannot extrajudicially settle the estate due to the
d. True, because from the moment of death of the descendant propositus, existence of a will.
the reservista acquired ownership over the property subject of reserva. d. No more because of laches.
159. A & B are married. They have children, C & D. C is married to X and they 162. A executed a will instituting his heirs and X, his illegitimate child whom he
have children, Y & Z. D is married to S and they have children, T & U. He has recognized. Before his death, he revoked the will. What is the effect of the
likewise an illegitimate child, V. Before A died he executed a will instituting revocation of the will?
his heirs including V. Can V inherit from A considering that he is an a. The revocation necessarily carries with it the revocation of the
illegitimate child of D? recognition of X.
a. V cannot inherit because he is an illegitimate child of D. b. The revocation has no effect on X as the will can be used as an
b. V cannot inherit despite his institution because of the barrier between authentic writing as proof of filiation.
the legitimates and the illegitimates. c. With the revocation of the will, X has yet to go to court and prove
c. V can inherit because the iron curtain applies only in cases of intestacy. filiation with the use of the will.
d. The will has no favorable effect on X because of its revocation and its c. G can inherit by right of representation because one of the rights of an
non-admission to probate. adopted child is the right of inheritance without any distinction and
(Art. 834, NCC; 172(1), FC) discrimination.
d. G can inherit by right of representation like E & F otherwise, he would
163. Mr. Tiok Chua executed a last will and testament. X, a niece was charged be deprived of his legitime resulting in unfairness.
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 166. X executed a holographic will dated December 2000. After his death, A and
admission of the will to probate. B, the heirs filed a petition for probate, but C, the daughter opposed on the
a. X can still be prosecuted. ground that the will is not valid because it is not completely dated.
b. X can no longer be prosecuted because the admission of the will to a. C is correct because the law requires that the holographic will must be
probate is the best evidence of its due execution. completely dated;
c. The probate of the will is res judicata to the prosecution of X. b. C is not correct because there is substantial compliance with the
d. X cannot be prosecuted anymore because of the presumption of requirement of the law.
innocence especially with the probate of the will. c. C is correct because the incomplete date affects the integrity of the will.
(Art. 838, NCC) d. C is correct because the complete date protects the will from
commission of fraud and trickery.
164. A & B are married. They have children, C & D. C has an illegitimate child, E. A (Roxas v. De Jesus)
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 167. A and B are married. They have children X, Y and Z. Before his death, A
inherit from C? donated a parcel of land to X denominated as an irrevocable donation. He
a. B & D alone can inherit from C. died leaving a will but did not institute X. When the will was submitted to
b. E cannot inherit because there is a barrier between illegitimates and probate, X opposed on the ground of preterition. Is X correct?
legitimates. a. X is correct because he is an heir in the direct line, hence, entitled to his
c. E can inherit from C because the iron curtain does not apply to C & E. legitime.
d. E cannot inherit considering that the only estate C left was his b. X is not correct because the donation is an advance inheritance.
inheritance from A, hence, the iron curtain still applies. c. X is correct because donation being irrevocable is not collationable.
d. X is correct, otherwise, it would be unfair to him being an heir of A.
165. A & B are married. They have a son C who is married to D with children, E & (De Roma v. CA)
F. C & D adopted G. C died in 2006. A died in 2010. Can G inherit by right of
representation? 168. A executed a 5-page notarial will before a notary public and three
a. G can inherit by right of representation being the son of C. witnesses. All of them signed each and every page of the will. One of the
b. G cannot inherit by right of representation because such right applies witnesses was B, the father of one of the legatees to the will. What is the
only to blood relatives. effect of B being a witness to the will?
a. The will is invalidated;
b. The will is valid and effective;
c. The legacy given to B’s child is not valid;

d. The will is valid and the legacy will be given to B’s child because a will is 173. At the time A executed his will there was a pronouncement that he was
the voice of the testator even after death. 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?
169. A executed a holographic will disinheriting his eldest son for a valid and legal a. Grant it because A was of sound mind at the time of death;
reason. He did not institute his children B, C and D. Is there preterition? b. Grant it because the subsequent capacity cured the defect of the void
a. Yes, because of the total institution of the descendants; will;
b. Yes, because failure to state the ground for the non-institution of the c. Deny probate because the will is void ab initio;
descendants; d. Grant it since the will is extrinsically valid and complete
c. No, because B, C and D shall inherit from the estate of A by the rules of
intestacy; 174. What do you call the act of a testator of designating a person to take the
d. No, because B, C and D are deemed instituted. estate in case of default of the instituted heir?
a. Substitution c. Representation
170. A executed a holographic will disinheriting his children B but did not b. Institution d. Accretion
institute C and D. Is there a need for the will to be probated?
a. No more, because it would be an exercise in futility as no one will 175. In which of the following is the right of representation inapplicable?
inherit on the basis of the will; a. In case of predecease of an heir; c. In case of repudiation by an
b. Yes, because without the will being admitted to probate the heir;
disinheritance shall be ineffective; b. In case of incapacity of an heir; d. In case of a valid
c. Yes, because a will shall not pass any right to the heirs unless it is disinheritance of an heir.
admitted to probate;
d. Both B and C. 176. When is the capacity of the testator considered?
a. At the time of the probate of the will;
171. When does the right of representation take place? b. At the time of the death of the testator;
a. In the direct descending line; c. If there is an adopted c. At the time of the execution of the will;
child; d. At the time of the allowance of the will.
b. In the ascending line; d. Even in the collateral
line. 177. 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?
172. In fideicommissary substitution when will there be transmission of rights to a. Deny probate because the will is void as he did not understand the
the second heir? language;
a. Upon the death of the testator; b. Deny because he could not have written in a language he did not
b. Upon the death of the first heir; understand;
c. Upon the death of the last relative of the testator; c. Grant probate provided that it was explained to him in a language
d. Upon the execution of the will by the second heir. understood by him;
d. Deny because of the possibility of fraud. b. Yes, because it was a donation mortis causa;
c. No, because it was not acquired by gratuitous title but by onerous
178. A died without leaving a compulsory heir. Before he died, he donated his title; (Reyes v. CA)
properties to the church. After his death, his brothers questioned the d. Yes, because it was a simulated sale as the price is unusually
validity of the donation. Is their act correct? inadequate.
a. Yes, because they are compulsory heirs;
b. No, because they are not compulsory heirs entitled to a legitimate; 182. A, while travelling in Cananda executed a will before Philippine Consul B
c. Yes, because while the donor can donate his properties, he must leave with only two (2) witnesses. Under Canadian Law, two (2) witnesses would
something to his relatives; suffice. When he arrived in the Philippines he filed a petition for probate.
d. Yes, because of the close family ties of Filipinos. How do you think the court will decide?
(Arellano v. Pascual, G.R. No. 189776, December 15, 2010) a. It will admit the will to probate because of the doctrine of lex loci
celebrationis;
179. A died leaving no compulsory heirs except his brothers and sisters of the full b. It will not admit the will to probate unless probated first in Canada;
blood and a cousin. How shall his estate be partitioned? c. It will deny probate because of failure to comply with the formalities
a. The brothers and sisters and the cousin will inherit in equal shares; under Philippine law; (Art. 17, NCC)
b. The brothers and sisters will inherit in equal shares; d. It will admit the will to probate because Canadian laws cannot apply in
c. The cousin will get ½ of the share of each brother; the Philippines if proven as facts according to the rules of evidence.
d. The cousin is not entitled to any share not being a collateral relative
who is entitled under the law of intestate succession. 183. The attestation in the will of A omitted to state that the testator signed the
(Arts. 1003; 1004; Arellano v. Pascual, G.R. No. 189776, December 15, pages of the will in the presence of the instrumental witnesses. Can
2010) evidence aliunde be admitted to prove such fact in the probate proceeding?
a. Yes, to give due course to the petition for probate;
180. A, the son of X and Y was indebted to B in the amounted of P10M. Should b. No, because such fact cannot be determined from an examination of
the amount be brought to collation if X and Y paid the same? the will itself;
a. No, because it is the duty of the parents to support a child; c. Yes, because the will of a person is his voice even after his death; (Reyes
b. Yes, because it is a donation inter vivos made to A, a compulsory heir, v. CA)
hence, an advance inheritance; d. Yes, because the court should give tender care to the will.
c. No, because A is merely indebted to X and Y; (Art. 805, NCC; Uy v. Sioca, 43 Phil. 405; Tenefrancia v. Abaya, 47 O.G.
d. No, because it was not gratuitously given. No. 12, Suppl. P. 327 – oral evidence does not possess the reliability of
(Arts. 1066 & 1069, NCC; 1061, NCC) an express statement in the attestation clause.)
181. X and Y sold a house and lot to their son valued at P10M for only P3M with 184. Which is not correct in the following statements:
the condition that it will be delivered after their death. After their death, a. Collation is a mere mathematical operation by the addition of the value
should the property be brought to collation? of donations made by the testator to the value of the hereditary estate;
a. Yes, because the contract was not a sale but a donation inter vivos;
b. Collation is the return to the hereditary estate of property disposed of OBLIGATIONS AND CONTRACTS
by gratuitous title by the testator during his lifetime;
c. One of the purposes of collation is to secure equality among the 187. A owes B the amount of P1M. C wrote B that he would take care of the
compulsory heirs in so far as it is possible and to determine the free obligation as soon as A had made shipment of copra to the USA. A failed to
portion after finding the legitime so that inofficious donations may be make the shipment. Is C liable?
reduced. (6 Manresa 406) a. Yes, because he assumed the obligation voluntarily;
d. There must be actual return of the property donated. (Arellano v. b. No, because he did not assume but merely committed to take care of
Pascual, G.R. No. 189776, 15 December 2010) the debt;
c. No, because the suspensive condition did not happen;
PRESCRIPTION d. Both B and C.
(Art. 1181, NCC – conditional obligation; acquisition of rights or
185. A lent money to B in 1950 payable in 1951. Despite demand, B failed to pay. extinguishment of obligations depend upon happening of event;
In 2011, his daughter who recently became a lawyer sent a demand for Villanueva v. Girged, 110 Phil. 478)
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 188. A and B entered into a contract for A to manufacture boxes to be used by B
complaint for sum of money. How do you think the court will decide? for his export business. B paid the amount of P2M, but A failed to
a. Dismiss the action due to prescription; manufacture the boxes despite repeated follow-up of the immediate
b. Dismiss due to laches; production of the boxes. B filed a complaint for reimbursement of the P2M.
c. Decide for A because there was a waiver of prescription acquired by B. a. The action will not prosper because of lack of demand by B for A to
(Art. 1112, NCC); fulfill his obligation;
d. Dismiss on the ground of estoppel. b. The action will prosper because the follow-up is the equivalent of
demand to comply;
186. In 1980, during the lifetime of A’s parents he executed a waiver of right over c. The action will prosper because in reciprocal obligations rescission is
his future inheritance in favor of his brother B. A predeceased his parents. implied in case of non-performance;
After the death of his parents in 2010, B obtained a title over the whole d. The action will prosper, otherwise, A will enrich himself at the expense
estate. Can A’s children recover their father’s share? of B.
a. No, because of prescription;
b. No, because of laches; 189. A and B entered into a compromise agreement dated April 29, 2007 and
c. Yes, because laches cannot be set up to resist enforcement of an approved on July 1, 2007. It states that A will pay B the amount of P1M
imprescriptible right, hence the children can vindicate their inheritance within one (1) year from the execution of the agreement. What is the
despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, reckoning point of the one (1) year period?
28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435); a. From the approval of the compromise;
d. No, because they were not paties to the agreement, hence, they have b. From the receipt of the judgment based on compromise;
no personality. (Art. 1397, NCC). c. From the date of the execution of the compromise;

d. 15 days after receipt of the judgment. (Santos Ventura Hocorma with B. For failure to pay the first, B foreclosed the chattel mortgage. Is the
Foundation, Inc. v. Santos, 5 November 2004). foreclosure proper?
a. No, because of objective novation;
190. A and B entered into a contract, subject to the condition that in case the b. No, because with the execution of the second, it extinguished the first;
Senate will not concur in to the treaty, neither party will be liable. The c. No, because when the second was executed, the incompatibility
Senate rejected it. Can A invoke force majeure or fortuitous event as a extinguished the first;
ground to exempt himself from liability? d. Yes, because there was no extinctive novation as there was no manifest
a. No, because it is not an act of God; incompatibility of the two mortgages. (People’s Bank v. Syvel’s, Inc., 11
b. Yes, because of the binding effect of contracts; August 1989).
c. Yes, because while the non-concurrence is foreseeable, it is beyond
their control; 194. Which of the following is not correct in connection with the requisites of
d. Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v. rescission?
Globe Telecom, Inc. 25 May 2004; Sicam v. Jorge, 8 August 2007). a. It must be gratuitous;
b. It must be accepted by the obligor;
191. A borrowed money from Metrobank and executed a mortgage over his c. The obligation must be demandable. (Art. 1270, NCC);
house and lot as security. No period has been agreed upon on the date of d. It can be unilateral.
payment. Before the lapse of ten (10) years, the bank foreclosed the
mortgage. Is the bank correct? 195. A owes money to B evidenced by a PN payable on A’s birthday. When A was
a. Yes, because of delay in the payment of the obligation; celebrating his birthday, B put the PN inside an envelop and delivered it to
b. Yes, otherwise the action to foreclose might prescribe; A. What is the effect of B’s act?
c. No, because the proper remedy is for the bank to file an action for the a. Nothing as there was no intention to extinguish the obligation;
fixing of the period. (Art. 1197, NCC, Pacific Bank v. CA, 5 May 1989); b. Nothing as B did not state his intention to condone the obligation;
d. Yes, because of the principle of solutio indebiti. c. The delivery of the PN implies the renunciation of the action which B
had against A; (Art. 1271, NCC)
192. A lent money to B with a penalty clause providing for 6% per month. In d. Nothing as condonation must be accepted.
case a suit is filed, what do you think the court will do with the penalty?
a. It will declare it void because it is contrary to law; 196. Is a stipulation in a contract of lease granting the lessee an exclusive right to
b. It will declare it void because it is contrary to public policy; renew the contract valid?
c. It will reduce the penalty. (Art. 1229, NCC); a. No, because it is violative of the principle of mutuality of contracts;
d. It will declare the penalty void as it is contrary to morals. b. No, because validity or compliance cannot be left to the will of only one
of the parties;
193. A entered into a contract of loan with B secured by chattel mortgage. There c. Yes, it is fundamentally part of the consideration in the contract.
was a second contract of loan secured by a real estate mortgage with the (Allied Bank v. CA, January 16, 1998)
condition that the latter will be an additional security for all obligations of A d. No, it is contrary to law.

197. The following enumeration is correct, except: 201. A is indebted to ABC Corporation in the amount of P100M. Despite efforts
a. Consensual contracts are perfected by mere consent; to collect from A, the latter failed to pay due to business reverses as he has
b. Real contracts are perfected by the delivery of the object; no more assets. In order to maintain a more accurate inventory of the worth
c. All contracts are perfected by mere consent; of its current assets, ABC Corp. was forced to write-off A’s obligation. One
d. Even if the lessor is obliged to deliver the thing leased, it is still a (1) year later, A won the lotto draw in the US in the amount of $100M.
consensual contract. Learning of the good luck of A, it demanded for payment, but A refused to
(Arts. 1315, 1316, 1654, NCC) pay contending that his obligation was extinguished when it was written-off.
Is A correct?
198. Consent in a contract is manifested by any of the following acts, except: a. A is correct because write-off is a mode of extinguishing an obligation.
a. Delivery of downpayment; b. A is correct because write-off is a compromise of liability.
b. Delivery of earnest money; c. A is correct because write-off is a condonation of an obligation.
c. Delivery of option money; d. A is not correct because in making the write-off, only the creditor takes
d. Delivery of a letter accepting the offer with qualification. action by removing the uncollectible account from its books even
(Art. 1319, NCC) without the approval or participation of the debtor, hence, there is no
extinguishment of the obligation. (Reyna, et al. v. COA, G.R. No.
199. The following are correct in connection with contracts of adhesion, except: 167219, February 8, 2011)
a. Prepared by only one of the parties and the other merely affixed his
signature; 202. X communicated to Y that he was selling his house and lot and gave him an
b. They are void as they are one sided; option to buy the same up to the end of the month of September. Y
c. They are binding as ordinary contracts; accepted the offer with an agreement that Y will allow X to stay in his house
d. Due to their peculiar nature, their validity is determined in light of the in Los Angeles, California during Christmas time that year. Is the option
circumstances under which the stipulations are intended. (Sps. Ermitaño binding upon X?
v. CA, April 21, 1999) a. The option is not binding since no payment in the form of money was
delivered to X by Y.
200. An action pauliana is an action to rescind contracts in fraud of creditors. The b. The option is not binding because no property or anything of value was
following are its requisites, except: delivered to X by Y.
a. Plaintiff asking for rescission has a credit prior to the alienation although c. The option is binding as the consideration can be in an undertaking.
demandable later. (Panlilio v. Victoria, 35 Phil. 706) d. The option is not binding or void because no consideration at all was
b. Debtor has made a subsequent contract conveying a patrimonial benefit paid.
to a third person. (Eulogio v. Apeles; Vda. de Quirino v. Palarca; Serra v. CA)
c. Creditor has no other legal remedy.
d. The third person was not a party to the fraud. 203. A was employed by ABC Co. as manager in Metro Manila subject to the
(Siquian v. Lim, November 19, 1999) 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 Commissioner proposing a set-off between the State and A considering that
severance. Is the stipulation valid? his tax liability amounts to P10M and the State has not paid him despite
a. The stipulation is not valid because it is contrary to public policy. demand. Is A correct?
b. The stipulation is not valid because it is contrary to law, as it is a a. A is correct because the State and A are mutually debtor and creditor of
restraint of trade. each other.
c. The stipulation is valid because of the principle of mutuality of b. A is not correct because tax is the life blood of the government.
contracts. c. A is correct, otherwise, the State would enrich itself at the expense of A.
d. The stipulation is valid because the non-involvement clause provides d. A is not correct because a tax is different from an ordinary debt, and
for time and place to prevent unfair competition and advantage. they are not mutually debtors and creditors of one another.
(Tiu v. Platinum Plans, Inc.)
207. A is indebted to B in the amount of P2M. When the obligation became due
204. When A’s obligation to B became due and demandable, A offered to pay, and demandable B delivered to A his car and A accepted it. A month later A
but refused to accept payment. State the remedies of A. sued B for sum of money. Can B interpose the defense of dacion en pago?
a. A must make a tender of payment to B. a. B can interpose the defense of dacion en pago, because of the
b. A must make a tender of payment and deposit the amount in court. acceptance of the object.
c. A can go direct to court and deposit the amount due in court. b. B can interpose the defense of extinguishment of the obligation by way
d. A must make a tender of payment, deposit the amount in court and of novation.
make a subsequent notice. c. B can interpose the defense of novation since the delivery of the car
resulted in a change of relationship.
205. A & B entered into an oral contract of sale of A’s car worth P4.5M where d. B cannot interpose the defense of novation because novation cannot
the object was supposed to be delivered upon payment of the price. When be presumed, it must be expressly agreed upon.
A went to B’s house to pay the price, the latter refused to sell hence, a (Phil. Lawin Bus Co. v. CA; 1245)
complaint for specific performance was filed by A. will the complaint
prosper? 208. A called up B that he was selling his house and lot for P10M. Within one (1)
a. The complaint will not prosper because the contract is not enforceable hour after B accepted the offer, he invited A for dinner at the Manila Hotel
as it is not in writing. where B paid the dinner in the amount of P5,000.00. They agreed that the
b. The complaint will prosper because a contract can be valid in whatever P5,000.00 was the downpayment. A receipt for the payment of P5,000.00
form it may be entered into. for the dinner was issued. When A refused to sell, B sued for specific
c. The complaint will not prosper because the contract is void as it was not performance. Is B correct?
put into writing. a. B is correct because the contract has been partially executed due to
d. The complaint will prosper because of the principle of mutuality of the agreement that the P5,000.00 paid for their dinner constituted the
contracts. downpayment.
b. B is not correct since the contract is unenforceable as it was not put to
206. A is a contractor, building roads for the government which has not paid him writing.
P100M. Before he filed his income tax returns, he wrote a letter to the BIR
c. A is wrong because the contract is unenforceable as there was no 213. In which of the following is a contract of sale not perfected?
payment of the price. a. Giving of downpayment; c. Giving of earnest money;
d. The contract is valid because it has all the elements of a valid contract. b. Giving of option money; d. Accepting the offer.
(Asia Productions, Inc. v. Paño) (Art. 1319, NCC)
209. ABS-CBN entered into a contract with WR under certain terms and 214. The following statements are correct, except:
conditions. Both parties violated their contract, to the extent that WR a. A right of first refusal is without any consideration;
transferred to another station despite the contract. b. In granting a right of first refusal, the period has yet to be determined at
a. ABS-CBN can rescind the contract because of material breach a future time;
committed by WR. c. In granting a right of first refusal, the amount to be paid will be
b. WR can rescind the contract due to violations committed by ABS-CBN. determined at a future time;
c. The court will not grant rescission because of mutual breach. d. A right of first refusal must be supported by a consideration in the
d. The court will not rescind the contract, but will just temper the award form of money to be binding. (Vasquez v. CA)
of damages in its judgment.
(1193) 215. All the statements below are correct, except:
a. An option contract is separate and distinct from the contract of sale;
210. What is the remedy if a document does not reflect the true intention of the b. An option contract must be supported by consideration distinct from
parties? the price;
a. File an action to annul; c. File an action to nullify; c. An option contract can only be supported by consideration in the form
b. File an action for reformation; d. File an action to enforce. of money;
d. An option contract can be supported by consideration in the form of an
211. Who may file an action to annul a contract? undertaking.
a. Any person; c. The State as (Eulogio v. Apeles, January 20, 2009; Vda. de Quirino v. Palanca; Serra v.
protector of the rights of its citizens; CA; Sanchez v. Rigos)
b. A party primarily or subsidiarily bound; d. Heirs of a party.
(Art. 1397, NCC) 216. 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
212. What is the remedy of a party whose right of first refusal to buy a property agreement was entered into that payment will start after construction of
was violated? seven (7). What is the effect of the subsequent agreement?
a. Action for declaration of nullity of the contract; c. Action for a. It is extinguished the obligation partly because of novation;
annulment; b. It is a modificatory novation as there was a change in the principal
b. Action for rescission; d. Action to declare terms and conditions of the contract;
the contract unenforceable. c. It is an extinctive novation as the two (2) agreements are incompatible;
(Guzman, Bocaling & Co. v. Bonnevide) d. It did not alter the relationship as it has no effect at all.
(Tomimbang v. Tomimbang, August 4, 2009)
a. Yes, because there is complete incompatibility between the PN and the

217. A entered into a contract of sale over B’s house and lot but since there is a surety bond;
balance which remained unpaid, A executed a mortgage over the house and b. No, because the two contracts, PN and surety can stand together, the
lot. A failed to pay. Can B rescind the contract? surety being merely an accessory to the original contract;
a. Yes, because of material and substantial breach; c. Yes, because of implied novation;
b. Yes, because there was delay in the payment of the price; d. Yes, because the surety is a new and separate contract.
c. No, because the relationship is no longer that of buyer and seller, but
mortgagor and mortgagee. 220. State the effect of illegal or immoral conditions in donations con causa
d. No, because the remedy is to foreclose the mortgage, rescission not onerosa. (onerous donations.)
being the principal remedy, but merely subsidiary. a. The condition is considered as not imposed regardless of whether
(Art. 1383, NCC) negative or positive;
b. Since the donations are governed by the law on contracts, the
CONTRACTS impossible or illicit conditions annul the obligation dependent upon
the condition where the condition is positive and suspensive;
218. A, was a consistent scholar at a prestigious university enjoying free tuition c. The illegal condition annulled the donation/contract even if the
fees, books, clothing and housing allowances and was given a cash impossibility merely supervened;
allowance of P25,000.00 per month. Due to some family problems, he d. Impossible or illegal conditions do not annul totally the obligations
decided to go back to General Santos City and enrolled at Holy trinity which depend upon them.
College, but before he could obtain his credentials, he was required to (Art. 1183, NCC – Illegal or impossible conditions annul the obligation
refund the amount of P300,000.00 equivalent to the privileges he enjoyed which depends upon them.)
as that was the condition in the scholarship grant. Can he recover the
amount? 221. A sent a document letter to B and obligated himself to give him P10M when
a. No, because the contract is the law between the parties; he will feel like doing it. A year later, B wanted to enforce the commitment
b. No, because of the principle of mutuality of contracts; of A. What would be your advice if you were the counsel?
c. Yes, because the stipulation is contrary to morals and public policy. a. I would advice him to enforce it because the letter is akin to a contract;
(Cui v. Arellano Univ., May 30, 1961; Art. 1306, NCC) b. I would advice him to enforce it because the letter is a source of a
d. No, because of the principle of solution indebiti. demandable obligation;
c. I would not advice him to enforce since the promise is void as the
219. X brought a house and lot from Y valued at P5M. He paid P3M and for the performance depends upon the sole will of A; (Art. 1182, NCC)
balance, he executed a promissory note with interest at 10% to be paid d. I would advice him to enforce because the letter is an express
within 90 days. ABC Corporation executed a surety for the balance. X failed acknowledgment of an obligation.
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 222. A and B entered into a contract of sale over A’s property. The document
accepted the security. Is X correct? 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. Void; c. Valid; d. Where the stipulation refers to an impossible condition.

b. Unenforceable; d. Rescissible. (Art. 1409; 1354, NCC)
(Art. 1354, NCC, there is a presumption of consideration even if the Note: There is a presumption of consideration even if the document
document that evidences the contract does not state how much was that evidences the contract does not reflect the price or consideration.
paid.) (Art. 1354, NCC)
223. A school granted scholarship to EC but subject to the condition that if he will 227. What is the nature of a contract where the buyer did not pay the price?
transfer to another school, he will refund all benefits he has already a. Void; c. Rescissible
enjoyed. Is the stipulation valid? b. Voidable; d. Unenforceable.
a. Yes, because of the principle of mutuality of contracts; (Arts. 1534; 1592, NCC)
b. Yes, because of the principle of relativity of contract;
c. No, because it is contrary to morals and public policy; 228. A sold his house and lot to B for P10M payable in 10 monthly installments. B
d. No, because it is contrary to law. paid P9M but failed to pay the last installment. What is the remedy of A?
(Cui v. Arellano University) a. Can file an action to declare the contract void;
b. Can file an action to rescind the contract;
224. When A borrowed money from B, the latter gave him a check for P10M as it c. Can file an action to enforce and collect the balance;
was a Sunday. Was the contract of mutuum perfected? d. Can file an action to rescind.
a. Yes, because the contract is valid in any form; (Art. 1191, NCC)
b. Yes, because the delivery of the check in an evidence of perfection; Note: Rescission is not the proper remedy, otherwise it will result in
c. Yes, because of the principle of mutuality; unfairness, and that the breach is not material, but slight only.
d. No, unless the proceeds of the check shall have been delivered.
229. X, Y & Z entered into a contract of loan with A obligating themselves
225. A induced B to violate his contract with C resulting in damage to C. Under solidarily to pay to A without need of demand on June 16. A condoned X’s
what rule is A liable for damages? obligation; Y is insolvent. How much can A collect if the amount is
a. Liability is based on contract; c. Liability is based on crime; P900,000.00?
b. Liability is based on tort; d. there is no basis for liability a. The full amount because anyone of the solidary debtors can be required
of A die to lack of privity. to pay.
(Art. 1314, NCC) b. P300,000.00 because of the condonation and insolvency of two (2) of
the solidary debtors.
226. The following are void contracts, except: c. P600,000.00 by suing X & Z where Z will pay P300,000.00 plus
a. Where the stipulation is contrary to law, public order, public policy, P150,000.00 as his share in Y’s obligation and where X will pay
morals; P150,000.l00 as his share in Y’s obligation, but with a right of
b. Where the object is inexistent; reimbursement.
c. Where the price or consideration is not reflected in the document that d. P900,000.00 chargeable against Z but with right of reimbursement.
evidences that contract;
230. X and Y executed a contract of lease, which provides as follows: “In the (Art. 1448, NCC)
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 233. In 1990, A, B & C purchased a real property but agreed that the same be
lessee can be evicted without need of judicial order. Suppose that Y, the registered under the name of A. In 2009, B & C asked for partition, but A
lessee fails to pay the rentals after giving a demand letter, may X, the lessor contended that he was already the exclusive owner more than 20 years on
evict Y immediately? the ground of laches having lapsed since the registration of the property
a. No, because it is a principle in law that a person cannot take the law under his name. Is A correct?
into his own hands. a. A is not correct because he is merely a trustee in an express trust.
b. No, because judicial order is required. b. A is not correct because he did not repudiate the trust, it being an
c. Yes, because X, as the owner has a superior right to possess the express trust.
property. c. A is correct due to laches, B & C having kept silent for so long.
d. Yes, under the principle of mutuality of contract. d. A is correct because one year after the registration of the property, his
(By the Bay Inc. case) title became indefeasible.
ESTOPPEL AND TRUST 234. 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
231. A has in his possession B’s car. He sold it to C without the consent of B, but the name of B so that he can use it in securing a loan with Metrobank.
one day thereafter B sold the same car to B. Who is the owner of the car? When A sought to recover the property from B, the latter refused
a. B because the sale by A to C is void; contending that he was the owner of the same. Is the contention of B
b. C, because A’s title which he acquired from B passed to C by operation correct?
of law; a. B is correct because his ownership is evidenced by a title.
c. B because A could not have sold what he did not own; b. B is wrong because he is holding the property merely in trust for A.
d. C because of estoppel. c. B is correct because A cannot prove that there is trust considering that
(Art. 1434, NCC) the same was not put into a public instrument.
d. A can recover and prove that there was trust even if not in a public
232. A & B are married. Out of the inheritance of A in the amount of P10M, they instrument because the requirement is merely for purposes of
bought a house and lot and registered it under the name of B. State the convenience.
relationship between A & B?
a. B can claim to be the exclusive owner being the registered owner. 235. With abuse of confidence, A was able to register a real property belonging B
b. B is holding the property for the conjugal partnership since there is a in 1990. B discovered it in 2011. Can B file an action to recover his property?
presumption of conjugality of a property acquired by onerous title a. Yes, because the title of A is void;
during the marriage. b. Yes, provided that he files an action within four (4) years from the
c. B is holding the property in trust in favor of A. discovery of the act of A;
d. B can properly contend that the property shall be divided into two(2) c. No, because the action has prescribed as 10 years have already passed
upon the dissolution of their marriage. since the registration of the property;
d. Yes, because there was no act of repudiation of the trust. c. The contract is valid because the condition that it be approved by the
court is a mere condition for performance.
236. Which of the following statements is correct? d. The contract is void because approval of the court must be obtained
a. A verbal trust on immovable is void; before the sale.
b. Verbal trust on immovable may be proven as the requirement that it (Santos v. CA; Art. 777, NCC – not for validity)
be in writing is not for its validity but for purposes of enforceability;
c. Verbal trust on immovable cannot be waive since the law requires it to 239. A sold a parcel of land covered by TCT No. 9 to B. At the time of the sale, B
be in writing which is mandatory; knew that C has been in possession of the parcel of land as early as 10 years
d. Verbal trust on immovable cannot be proven in court as it is covered by before the sale. B however checked with the Registry of Deeds and found
the Statute of Frauds. the title to be clean. Is B a buyer in good faith?
(Penalber v. Ramos, January 30, 2009) a. B is a buyer in good faith because at the time of the sale, the title was
clean.
SALES b. B is a buyer in good faith because he merely relied upon the face of the
title.
237. A sold a car to B on installment basis secured by a chattel mortgage over the c. B is not a buyer in good faith because he had actual knowledge of
thing and a promissory note co-signed by C. A failed to pay four (4) monthly facts and circumstances that would impel him to make inquiry into the
installments. Under the contract in case of non-payment, the vendor can status of the land due to the presence of C.
exercise any of the remedies under Art. 1484, NCC and in case of deficiency, d. B is a buyer in good faith because there was no annotation of C’s right if
the seller can recover the balance. What is the remedy of A? there be any.
a. A can file an action for the foreclosure of the mortgage and recover the (Mirror Doctrine)
unpaid balance because of the contract.
b. A can foreclose the mortgage and recover the unpaid balance because 240. A is the owner of a parcel of land. He entered into a contract to sell with B
the Chattel Mortgage Law does not prohibit recovery. with an obligation to pay the price within one (1) year. B failed to pay. State
c. A can foreclose the mortgage but cannot recover the unpaid balance the effect of non-payment.
because it is absolutely prohibited by law. a. The contract is rescissible, for failure of B to pay.
d. A can foreclose the mortgage and can recover the unpaid balance from b. The contract is void for failure to pay the price.
C since B & C are solidarily liable. c. A does not need to perform an act of rescission because the payment
(Art. 1484, NCC; Recto Law; Magna Financial Services, Inc. v. Colorina) of the price is a positive suspensive condition, the happening of which
would result in A executing the deed of sale.
238. A entered into a contract of sale over his undivided 1/5 of the estate of his d. A can go to court and compel B to pay.
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? 241. A & B entered into a contract of sale, A, obligating himself to deliver his
a. The contract is void because the right is a mere expectancy since the house and lot to B who obligated himself to pay P2M upon delivery. B has
estate has not yet been divided. already paid, but A has not delivered the house and lot despite demand.
b. The contract is valid only if the court approves it. State the remedy of B.
a. B can sue A for rescission of the contract because of breach of contract. b. They can exercise the right of legal redemption within 20-days from
b. B can sue A for rescission because of a material breach. receipt of written notice of the sale;
c. B can sue A for rescission because of lesion. c. They cannot exercise the right of legal redemption because knowledge
d. B can sue A for declaration of nullity of the contract. of the sale is not equivalent to registration hence, the 30-day period has
already lapsed;
242. What is the nature of a contract which states that in case the buyer d. They cannot exercise the right of legal redemption due to estoppel.
complies with the terms and conditions of the same, the seller shall execute (Art. 1623; Si v. CA)
and deliver to the buyer a deed of sale?
a. Contract of sale ; c. Contract to sell; 245. A sold his house and lot to B worth P1M for P100,000.00. Is the sale valid?
b. Conditional sale; d. Installment sale. a. Yes, even if there is gross inadequacy. c. Voidable;
(Tan v. Benolviao, b. No, because the price is simulated. D. Unenforceable.
October 16, 2009) (Art. 1471, 1470, 1602, NCC)
243. X and Y entered into a contract of sale over a parcel of land with an area of 246. A and B entered into a contract of sale over A’s house but did not reflect the
4,000 square meters more or less. When the title was issued, it was 14,475 actual purchase price. What is the nature of the contract?
sq. meters. The buyer contended that he owned the whole lot of 14,475 sq. a. Valid and relatively simulated contract but can be reformed.
meters as it was sold in lump sum, hence, the seller should deliver the b. Void as there is total lack of consideration.
whole lot. Is the buyer correct? c. Voidable due to lack of consideration.
a. The buyer is correct because in sale in lump sum, the whole property is d. Unenforceable.
sold regardless of the area; (Art. 1471; 1359; Macapagal v. Remorin, 458 SCRA 652)
b. The seller can be compelled to deliver the 14,475 sq. meters because it
is covered by the phrase “more or less”; 247. A sold his house to B for an agreed price. Before it could be delivered it was
c. The seller cannot be compelled to deliver the 14,475 sq. meters hit by lightning and it was totally lost. State the effect of the loss.
because the phrase “more or less” covers only a reasonable excess a. A bears the risk of loss as he has not yet vested ownership to B.
deficiency; b. A has to bear the risk of loss because he was in possession of the house
d. The seller can be required to deliver the 14,475 sq. meters because the at the time of loss.
numerical data are not the sole gauge of unreasonableness of the c. B bears the risk of loss as an exception to the principle of res perit
excess or deficiency in area. domino;
d. A has to bear the risk of loss since he was negligent.
244. A, B, C, D are the co-owners of a parcel of land. A sold his undivided share to (Art. 1480; 1265, NCC)
X with the knowledge of his co-owners. One (1) year after the sale, they Buyer assumes the risk of loss due to fortuitous event and without A’s
wanted to exercise the right of legal redemption, but A and X refused. fault before he incurs in delay.
Whose contention is correct? The reason is because he is also entitled to any benefit if there is an
a. They are not entitled to exercise the right of legal redemption because increase and vice versa.
the 30-day period has already lapsed as they knew of the sale;
248. What is the nature of an earnest money? 251. A obtained a loan from B. To secure the payment of the obligation, A
a. Same as option money. delivered the warehouse quedans to B and authorized him to sell the sugar
b. It is proof of an intention to buy. in case of default. The warehouse and the sugar were burned. Who bears
c. It is actually a partial payment of the purchase price and considered as the loss?
proof of the perfection of the contract. (Topacio v. CA, 211 SCRA 219; a. B bears the loss because he became the owner of the sugar when the
Laforteza v. Machuca, 333 SCRA 642) quedans were delivered to him;
d. It forms part of the consideration even if the sale is not perfected or b. B because of the principle of res perit domino;
consummated. (Chua v. CA, 401 SCRA 54) c. By reason of the principle of res perit domino A bears the risk of loss;
(It forms part of the purchase price only if the sale is consummated and d. B because of the constructive delivery of the sugar.
perfected. It is deducted from the price.) (Delivery of the quedan was merely to secure the payment of the debt.)
249. A entered into a contract of sale with pacto de retro over B’s house & lot. CONDOMINIUM LAW; PD 957; MACEDA LAW
The house is valued at P10M. B failed to exercise the right to repurchase. RA 6552
State the effect of B’s failure to exercise the right to repurchase.
a. B can consolidate his ownership to become the owner. 252. In the following, there is no need for the issuance of a license to sell, except:
b. B need not consolidate his ownership because by the mere lapse of the a. Sale of subdivision lot resulting in the partition by co-owners;
period to repurchase, he became the owner. b. Sale of the original purchaser of a subdivision lot or his heirs;
c. B cannot consolidate his ownership because that would amount to c. Sale by a subdivision developer;
pactum commissorium. d. Sale of a subdivision lot for the account of the mortgagee.
d. B cannot sell the property as he is the owner. (Sec. 7, PD 957)
(Art. 1607, NCC)
253. If there is a subdivision lot buyer and there is no development and he does
250. A, a practicing lawyer represented B in the intestate proceedings of his not pay, to what extent can he ask for reimbursement of his payments?
father. The agreement is on a contingency basis as B did not have money to a. Total amount paid;
pay the services of A. To secure the payment of B’s obligation, they b. 25%;
executed a mortgage over ¼ of what B will receive from the estate of his c. 50%;
father. Is the mortgage valid? d. Total amount paid including interest but excluding delinquency
a. Yes, because what is prohibited by law is sale between the client and the interest at the legal rate.
lawyer;
b. Yes, because it merely serves as security for the payment of an obligation; 254. The following rules are correct in case the buyer of a subdivision lot fails to
c. No, because even if what is prohibited by law is sale, it is a circumvention pay the installments, except:
of the law; a. He is given a grace period of 20 days for every year of payment;
d. Yes, because of the liberty of contracts. b. He is entitled to 50% reimbursement of payment;
c. There may be cancellation of the contract 30 days after receipt of notice
of cancellation;
d. All payments are forfeited.

(Sec. 24) 258. 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. Every 10 years of the life of the contract and its extensions if any;
255. A entered into a contract to sell over a residential lot. He has already paid b. Every five (5) years of the life of the contract;
more than 2 years installments. Thereafter, he failed to pay. What right c. Every two (2) years of the life of the contracts;
does A have if the contract is cancelled? d. There is no limit.
a. He has the right of reimbursement of all his payments regardless of the Note: Down payments, deposits or options on the contract are included.
number of years of payment;
b. He has the right to seek for a grace period of 1 month for every year of 259. If the buyer under the Maceda Law has paid less than two (2) years of
installment payments; installments, what is the grace period he is entitled to from the date the
c. He has the right of refund of the cash surrender value of the payments installments became due?
on the property equivalent to 50% of the total payments made; a. 20 days; c. 60 days;
d. He has the right of reimbursement of 100% of his installments after b. 30 days; d. 40 days.
payment for five (5) years.
(Note: Limit of reimbursement after payment for 5 years is 90%.) LEASE
256. If the buyer of a subdivision lot in a contract to sell under the Maceda 260. A & B entered into a contract of lease over A’s house and lot. Without the
Lawfails to pay after payment of at least two (2) years of installments, can consent of A, B assigned the lease to C. Is the assignment valid?
he still pay the balance? a. The assignment is valid because B has the right of possession over the
a. Yes, with additional interest he can pay the unpaid installments due leased property and can transfer it to anyone.
with a grace period of one (1) month for every year of installment b. The assignment is void because of lack of consent of A.
payments; c. The assignment is void because the same partakes of the nature of
b. Yes, without additional interest he can pay the unpaid installments subjective novation which needs the consent of A.
with a grace period of one (1) month for every year of installment d. The assignment is valid since it is a property of B which can be disposed
payments; of.
c. Yes, provided that he pays additional amount of penalty; (Art. 1649, NCC; Rodrigo Bangan v. CA)
d. Yes, provided that he pays the full amount of the price.
(Maceda Law) 261. A leased his house & lot to B who subleased it to C. B failed to pay the
rentals. What does A have against C?
257. If the seller cancels the contract to sell under the Maceda Law, when will it a. A can sue C for the rentals.
take effect after receipt of notice of cancellation or demand for rescission b. A can hold C liable for the rentals by suing him for ejectment.
by notarial act? c. A can hold C liable for the rentals, but the liability is merely subsidiary.
a. 10 days c. 30 days d. A can never make C liable for the rentals because of lack of privity
b. 20 days d. One (1) year between them.
(Art. 1652, ; Wheelers’ Club Int’l. v. Bonifacio) (lc & Co. & Agro-Industrial Corp. v. Huang, March 7, 2002)
262. A contract of lease was entered into between A & B with a provision that it PARTNERSHIP
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 265. A partnership begins from:
the premises. What does the implicit renewal of the contract mean? a. The moment of the execution of the contract;
a. That all the provisions of the contract relative germane to possession b. The moment of the notarization of the document of partnership;
are renewed. c. The registration with the SEC;
b. That the period originally agreed upon shall likewise be the period in the d. The moment all contributions are paid.
renewed contract. (Consensual contract)
c. That the right to purchase agreed upon in the original contract is
impliedly renewed. 266. What does the sharing of gross returns in a business undertaking mean?
d. That all the provisions of the original contract are carried over into the a. Conclusive evidence of partnership;
impliedly renewed contract. b. Prima facie evidence of partnership;
(Conchita Vda. de Chua v. CA) c. Does not establish a partnership whether or not the persons sharing
them have a joint or common right in any property upon which the
263. A is the owner of a parcel of land adjoining B’s lot. B, knowing that the lot returns are derived.
did not belong to him constructed his house on the lot belonging to A. d. Disputable presumption of partnership.
Which of the following is the not correct? (Art. 1769, NCC)
a. A can appropriate the house without paying any compensation.
b. A can eject B. 267. A, B and C formed a partnership with C contributing an immovable, but no
c. B is entitled to at least 50% of the value of the house in the interest of inventory of such immovable was attached to the contract. Is the contract
justice and inorder that no one shall enrich himself at the expense of valid?
another. a. The contract is valid because a contract is valid in any form it may be
d. A can compel B to buy the land even if the value is considerably more entered into;
than the value of the improvement. b. The contract is voidable;
(Art. 449, NCC) c. The contract of partnership is void;
d. The contract is unenforceable.
264. A leased his house and lot to B with “option to renew.” How will the (Art. 1773, NCC)
contract be renewed?
a. At the option of B; 268. A, B and C are the partners. A conveyed to X his whole interest in the
b. At the option of A; partnership. What is the effect of the conveyance?
c. Automatically; b. It dissolved the partnership;
d. Upon agreement of A and B as it must be interpreted to be reciprocal c. The assignee became a partner;
in character where the renewal is subject to agreement of the parties.
d. The assignee has the right to interfere in the management or c. Anyone of the partners may make important alterations on the
administration of the partnership business; immovable property of the partnership; (Art. 1803, NCC)
e. Merely gave him the right to receive his shares in the profits (Art. d. Admission or representation made by a partner concerning partnership
1813, NCC) affairs is evidence against the partnership. (Art. 1820)
Note: None of them can make any alterations in the immovable
269. When may a partner who was appointed as manager in the articles of property, even if useful to the partnership, without the consent of the
partnership be removed? others. If the refusal is manifestly prejudicial to the partnership, courts’
a. May be removed at anytime; intervention may be sought. (Art. 1803)
b. May be removed with just or lawful cause by majority of the partners;
c. May be removed for just and lawful cause by a vote of partners 272. When is solidary liability in partnership provided for by law?
representing controlling interest ; a. If there is a tortuous act committed by a partner causing damage to
d. May be removed by order of the court. third person.
(Art. 1800, NCC). b. If it was the partnership that misapplied or misappropriated the money
or property.
270. If a partnership has a capital of more than P3,000.00 and it is not registered, c. If money was received by the agent of the partnership acting within the
is the contract valid? scope of his authority, but the same was misapplied or misappropriated.
a. Void; d. All of the above.
b. Voidable;
c. It does not invalidate the same as among the partners so long as the AGENCY
contract has the essential requisites.
d. Unenforceable. 273. P appointed A, his agent to manage his business in the United States of
(Sung-Chan v. Chua, August 15, 20010 America. A died and his son, S, managed the same until P could appoint
The main purpose of registration is to give notice to third persons and it another agent to personally take over. The agency of S is one based on:
can be assumed that the members themselves knew of the contents of a. Ratification; c. Necessity;
their contract. b. Estoppel; d. By operation of law.
271. In connection with the rule of mutual agency of the partners in a 274. P appointed A, his agent for the purpose of selling the former’s car for
partnership which of the following is not correct? P500,000.00. A sold the car in his name to B. After delivery, it was found out
a. Partnership is liable to every partner for amounts disbursed on behalf of that the car has hidden defects which rendered the car unfit for the purpose
the partnership, plus interest, from the time the expenses are made; of B. Can B file an action against P even if A acted in his own name?
(Art. 1796, NCC) a. No, because the legal principle than becomes applicable is caveat
b. Unless otherwise agreed upon, all partners shall be considered agents emptor.
and whatever any one of them may do alone binds the partnership; b. Yes, because while the agent acted in his own name but the agency
(Art. 1803(1); Art. 1818) involves a thing belonging to the principal.

c. No, since in the law on agency, the Rule is that if the agent acted in his c. Yes, because Donna as principal is always bound by the act of his agent,
name, the principal is bound to the third person and the third person Joyce.
does not become bound to the principal. d. No, because the agent violated the terms of the authority given to her.
d. No, because the contract is already perfected and executed.
(Art. 1883) 279. 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
275. A special power to sell on credit includes the power to: sold the land. Is the sale valid?
a. Mortgage c. Sell in cash a. No, because the letter-authority must be in a public instrument.
b. Barter d. To enter into a contract of b. No, because the letter-authority must be participated in a notary public.
pledge. c. Yes, because it is sufficient that the letter-authority be in writing.
d. No, sale in invalid.
276. In an agency to sell real property which of the following renders the
authority and contract of sale valid? 280. A, B and C formed a limited partnership. They named their partnership
a. General power of attorney, granting the agent authority to sell real AB&C. In 2008, the firm incurred an indebtedness of P5M. A suit was filed
property, not put into writing. for the recovery of debt. Which of the following statements is correct?
b. General power of authority put into writing without authority to sell. a. No partnership was constituted because the word “limited” was
c. A special power of attorney put into writing authorizing the agent to omitted in the partnership name.
sell real property of the principal. b. B and C as limited partners are liable only up to the extent of their
d. Special power of attorney couched in general terms without referring to contributions.
specific acts of dominion. c. All are liable as general partners.
d. A, B and C are not liable because there was a defect in the formation of
277. Under the law on agency, what is the nature of the act when an agent their partnership.
violates the terms of the agency and acts outside the scope of the authority
vested in him? 281. A constituted B as his agent to sell his property. B found C as the buyer who
a. Void; c. Unenforceable; was willing to buy under the terms agreed upon but suddenly A changed his
b. Voidable; d. Valid and binding upon the mind and decided not to sell the property. One week later, A and C, entered
principal. into a contract of sale over the property. Is B entitled to commission?
a. No, because when A decided not to sell, his agency was terminated;
278. Donna, authorized her friend Joyce to sell his Prada bag worth P100,000 on b. No, because he was not the procuring cause;
installment basis. Joyce, however, sold the bag on cash in contravention of c. Yes, because A acted in bad faith. (Infante v. Cunanan, 49 O.G. 3320;
the authority given to her. Was the sale valid? Art. 19, NCC)
a. No, because the agent acted beyond the scope of his authority. d. Yes, because he did not give justice to B in the exercise of his right.
b. Yes, because the sale in cash redounds to the benefit of Donna. Hence, (Authority was terminated.)
despite violation of the authority given, the sale is valid.
Negotiorum Gestio
c. No, because he has not been able to exercise the benefit of excussion;
282. What is not a requirement for existence of negotiorum gestio? d. Yes, because the benefit of excussion is a right granted to him which
a. A property or business is neglected or abandoned by the owner. can be waived.
b. A person has been constituted manager of the property or business so (Art. 2058, NCC; JN Dev. Corp. v. Philguarantee, August 31, 2005)
abandoned.
c. The management of the owner’s business was assumed by another not 286. The following statements are correct, except:
an owner or manager so authorized. a. There can be a continuing guaranty;
d. The management exists only until the incidents giving rise thereto b. There can be a continuing surety;
cease. c. There can be a continuing chattel mortgage;
(Note: There is agency.) d. There can be a continuing real estate mortgage.
(Acme Rubber & Shoe Co. v. CA; China Banking Corp. v. CA)
283. 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 LOANS
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 287. A obtained a loan from Metrobank. As security, he delivered and deposit
between B and D has a better right over the lot? certificate maturing on April 29, 2011. A failed to pay, hence, the bank
a. D has a better right because of prior registration; encashed the deposit certificate. A contended that it is pactum
b. B has a better right because he is the first buyer; commissorium. Is A correct?
c. D has a better right because he is the buyer in good faith; a. Yes, because the encashment is an automatic appropriation of the
d. D has a better right because the knowledge by his agent of a prior sale is security;
immaterial. b. A is not correct because the bank had yet to perform an act to
appropriate the money deposited;
284. When is the guarantor liable for the obligation of the debtor? c. A is not correct because the act done was a matter of compensation;
a. Once the obligation becomes due and demandable; (BPI v. CA, 232 SCRA 302; Art. 1980, NCC)
b. Only after judgment is obtained against the principal debtor and he is d. A is correct because there can be no compensation since the
unable to pay; (Baylon v. CA, August 17, 1999) relationship between the bank and A is one of deposit.
c. The moment the judgment against the debtor becomes final and
executory; 288. A entered into a contract whereby he obligated himself to pay B on or
d. Once demand is made for both the debtor and guarantor to pay. before September in the form of Australian currency. When the obligation
(JN Dev. Corp. v. Philguarantee, August 31, 2005) became due and demandable, A delivered to B Australian currency. Is A
correct?
285. The guarantor paid the obligation of the debtor when demand is made. Can a. B can refuse to accept the payment because the currency being offered
he ask for reimbursement? is not legal tender in the Philippines.
a. No, because he is a voluntary payor; b. A is correct in offering Australian currency because of the contract.
b. No, because judgment has yet to be obtained against the debtor;
c. A is not correct because the stipulation to pay in Australian currency is b. It operates as a convenience and accommodation to the borrowers as it
void because it is contrary to law. makes available additional funds without executing additional security
d. A is not correct because the stipulation to pay in the form of another documents.
currency is void because it is contrary to public policy. (RA 8183) c. It is also known as the “blanket mortgage clause”
d. It is different from a continuing mortgage clause.
289. 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 292. What is a contract of precarium?
failed to pay despite demand, hence, A filed a complaint against B. On the a. It is a contract by virtue of which a person called the guarantor, binds
interest rate, what is a valid contention of B? himself to the creditor to fulfill the obligation of the principal debtor in
a. B can ask the court to declare it void on the ground that it is contrary to case the latter should fail to do so.
the Usury Law. b. It is a contract by virtue of which a person binds himself solidarily with
b. B can ask the court to declare it void and be not liable at all. the principal debtor to fulfill the obligation.
c. B can ask the court to delacre it void on the ground that it is c. It is an accessory, real and unilateral contract by virtue of which the
unconscionable, hence, contrary to morals and the court may fix the debtor or a third person delivers to the creditor or to a third person
interest rate at its discretion. movable property as security for the performance of the principal
d. A can contend that the interest rate is valid because of the principle of obligation.
binding effect of contracts. d. It is a contract of commodatum where the bailor has the right to
(Imperial v. Jaucian; Cir. 905-CB; Lim Law v. Onion Growers, Inc.) demand the return of the thing which is the object of the contract at
will.
290. 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 293. A entered into a contract of loan with a bank. They stipulated that if there
incorporation. They agreed that Y should return the money plus 12% will be a law or BSP circular that will allow the increase in the interest rate,
interest within 30 days. What is the nature of the contract? the bank will increase it. Is the stipulation valid?
a. Mutuum, because of the stipulation as to interest. a. Yes, because of the principle of liberty of contracts;
b. Mutuum, because Y acquired ownership upon depositing the amount in b. Yes, because of the principle of mutuality of contracts;
his account. c. No, considering that there is no corresponding de-escalation clause;
c. Commodatum, because Y never acquired ownership over the money as d. Yes, because the increase is not unilateral.
he was under obligation to return it and it was only for purposes of (PNB v. CA, July 9, 1996; Equitable PCIB v. Ng, December 19, 2007)
exhibiting that he had sufficient capital.
d. Commodatum, because the stipulation for the payment of interest did 294. Which of the following is correct if the interest rate in a loan is void?
not convert it to mutuum. a. The contract is totally inexistent;
b. The creditor cannot recover interest at all;
291. Which of the following statements is not true about the dragnet clause? c. The creditor can recover legal rate of interest;
a. It is one specifically phrased to subsume all debts of past or future d. The court shall rule as if no interest has been agreed upon and contrary
origins. to law.
299. When is the hotelkeeper shall be liable for the loss of the things belonging
DEPOSIT to the guests?
a. If the things were actually delivered or surrendered to the hotelkeeper.
295. A checked in at ABC Hotel Corporation with his valuables. While shopping b. If the guests did not sign any waiver of liability.
nearby, she left the room for half a day but when she went back, all his c. If the hotelkeeper was notified of the valuables and the guests took
valuables were gone as her room was ransacked with the use of force. She the necessary measure to the care and vigilance over the same.
filed a complaint for damages. Is the hotel keeper liable? d. If the loss was due to the act of a thief done with the use of irresistible
a. The hotel keeper is liable as depositary. force.
b. 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. PLEDGE
c. The hotel keeper is not liable because of force majeure.
d. The hotel keeper is liable because it is its duty to protect the properties 300. A lent money to B in the amount of P3M and executed a mortgage over his
of its guests. house and lot to secure the payment of the obligation with a condition that
(Arts. 1998-2004, NCC; Topricana Hotel Case; Durban Apartments Corp. if he fails to pay, A shall became the owner of the property. Is the
v. Pioneer Insurance Corp.) stipulation valid?
a. Yes, because the contract is the law between the parties;
296. A obtained P50,000.00 from B to be placed in A’s safety deposit box. What b. Yes, because of the doctrine of mutuality of contracts
is the nature of the contract? c. No, because it is a case of pactum commissorium;
a. The contract is a loan. c. It is a contract of lease. d. Yes, because of the liberty of contracts.
b. It is a commodatum. d. It is a deposit.
301. In the question above, suppose B failed to pay and A foreclosed the
297. In case of contract of deposit, the depository has the following rights or mortgage. Is A entitled to the balance?
obligations except: a. No, because the law on pledge is applicable to the law on
a. To keep the thing safely. mortgages.(Arts. 2041,2087,2115,NCC)
b. To return the thing deposited. b. Yes, because there is no law that prohibits recovery of deficiency under
c. To make use of the thing deposited with the permission of the the mortgage laws;
depositor. c. Yes, because while the law on pledge applies to the law on mortgage,
d. To deposit the thing deposited with a third person when there is an the same is true if there is no inconsistency between the two (2) laws. (
express stipulation allowing the same. Pameca Word Treatment Corp. v. CA)
d. No, because of the principle of solution indebt.
298. What is the nature of the contract of rent of safety deposit boxes?
a. Mutuum c. Commodatum 302. A & B entered into a contract of pledge, where B delivered his car to A as
b. Deposit d. Lease. 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. Appropriate the car as his own as provided for in the contract
b. Sell the car but must deliver to B the excess. 305. Within what period should an action to foreclose a mortgage over real
c. Sell the car but cannot recover any deficiency despite the agreement. property be filed?
d. Sell the car and recover the deficiency because of the agreement in the a. Within 10 years from date of registration of the contract;
contract of pledge. b. Within 10 years from the execution of the contract;
(Arts. 2087; 2115, NCC; 2088; 2112; 1306) c. Within 10 years from demand, for unless demand is prove, there can
be no default. (Nunez v. GSIS Family Bank, 17 November 2005);
303. To secure the payment of his obligation, A pledged to his surety C, his car d. Within 10 years from notarization of the contract.
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? GAMBLING AND ALEATORY CONTRACTS
a. Yes, otherwise, there would be solution indebiti;
b. Yes, no law prohibits him from doing so as he is not the direct creditor; 306. A and B are married. They have a joint account in a bank. They executed a
c. No. In the foreclosure of a pledge, if the price of the sale is less than survivorship agreement that upon the death of one of them, the full amount
the indebtedness secured by the pledge, the creditor shall not be of money in their account shall become the property of the survivor. Is the
entitled to recover the deficiency, notwithstanding any stipulation to agreement valid?
the contrary. a. No, because it is a donation mortis causa which did not comply with the
d. Yes, if there is a stipulation. formalities of the law;
(Art. 2008, 2115, NCC; Manila Surety v. Velayo, 21 SCRA 515; b. No, it is a donation inter vivos prohibited under Article 87, Family Code;
foreclosure is akin to sale.) c. 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
MORTGAGES 755)
d. No, by reason of public policy.
304. 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 307. A placed a bet of P10,000.00 that San Beda would win the NCAA basketball
the amount of the obligation. Can B recover the deficiency? championship. B accepted the bet. But B refused to pay after SBC won. Is B
a. A cannot recover the deficiency because the law on pledges are correct?
applicable to the law on mortgages where there is a prohibition against a. Yes, because of the principle of mutuality of contracts;
recovery of deficiency. b. Yes, because of the principle of liberty of contracts;
b. A can recover the deficiency as there is nothing in the law that c. No, because the law prohibits betting in basketball even if it is not a
prohibits the same. game of chance;
c. A can appropriate the object because the contract provides for it. d. Yes, because basketball is a game of skill and not of chance.
d. A can sue B for sum of money and foreclose the mortgage if B cannot (Aleatory contract of gambling or betting, Art. 2013, NCC0
pay the judgment obligation.
(Pameca Wood Treatment Corp. v. CA; 2141, NCC) QUASI-DELICTS

308. A sold his car to B, but the latter failed to register the car under his name. c. Within 4 years because the action is based on injury to his rights as
While B was driving the car, it met an accident resulting in injuries to C. Who there was no justifiable reason for his separation from employment.
may be liable? (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v.
a. C can hold A liable alone as he is the registered owner of the car; Portland Cement, 106 Phil. 732);
b. C can sue A and B as they are solidarily liable; d. Within 10 years because the action is based on law.
c. C can sue B alone as the execution of the document of sale and delivery
of the car conferred ownership upon him; 312. ABC Corp. is the owner of a hospital where Doctor A is a visiting consultant.
d. C can sue B, but A can file a third party complaint against B for A conducted an operation at the hospital of a woman-neighbor but left two
reimbursement if he is adjudged liable. (2) gauzes inside the inscission of the patient resulting in infections and
(Perez v. Gutierrez) eventual death of the patient. Who can be sued for damages?
a. The patient’s heirs can sue the doctor alone for his negligent act.
309. A constructed a building for B. Twenty-five (25) years thereafter, the b. The heirs can sue the hospital alone.
building collapsed due to lack of necessary repairs resulting in the death of c. The heirs can sue the hospital and the doctor solidarily because of the
10 tenants of the building. Who is liable? doctrine of corporate negligence of the hospital.
a. the architect c. A, the contractor. d. The heirs can sue the hospital and the doctor because the doctor is an
b. the engineer d. B. employee, hence, they are solidarily liable.
(Art. 2190, NCC) (Professional Services, Inc. v. Agana)
310. A, bus conductor killed a passenger. Is the operator civilly liable? 313. A is a teacher of St. Jude elementary school. While the pupils were in class,
a. Yes, based on contract, but with defense of the diligence of a good B, one of the pupils boxed the face of C, another pupil resulting in the
father of a family; blindness of his left eye. Who is liable?
b. Yes, based on quasi-delict; a. The parents of B are liable.
c. Yes, based on breach of contract of carriage, but cannot interpose the b. The school is liable.
defense of due diligenc; c. The teacher is liable regardless of the nature of the school.
d. Yes, but subsidiary in case of insolvency of the driver. d. The teacher is not liable because the school is not a school of arts and
(Art. 1760, 1759, NCC; - liability is primary; Maranan v. Perez, 20 SCRA trades.
412) (Art. 218, F.C.; Amadora v. CA; Palisoc v. Brillantes; 218, 219, 221, 2180)
311. A, a seaman with a contract for two (2) years was required to disembark 314. A is the owner of a car driven by B. While on his way to fetch A at his office,
due to the sale of the vessel. Within what period should he file an action to the motor vehicle met an accident resulting in the death of C, a pedestrian.
collect his unpaid wages for one (1) year? He was sued for imprudence resulting in homicide and convicted with civil
a. Within 3 years because it is the consequence of an employer-employee indemnity in the amount of P500,000.00. Who may be liable for the amount
relationship; of damages?
b. Within 10 years because there is a written contract; a. Only B is a liable.

b. 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. 317. A & B are married. They have a 10-year old son, C. X & Y, who are childless
c. A is subsidiarily liable in case of insolvency of B. filed a petition for adoption on June 16, 2010, seeking to adopt C. It was
d. A cannot be liable because he was not a party to the criminal action, submitted for resolution on December 15, 2010. On December 31, 2010 C
otherwise, he would be deprived of the right to due process. was playing with a neighbor D who is likewise a minor, using the airgun of
(Art. 102 & 103, RPC) 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?
315. A is an owner of a horse. He asked B to take care of it while reviewing for a. The parents of D can sue A & B for damages.
the Bar Exams. After the examination, he went to B to get back the horse b. The parents of D can sue X & Y for damages because the effects of
but as he got near the horse, he was kicked by the horse on his face adoption are retroactive to the date of the filing of the petition for
resulting in his blindness. He sued B for damages. Is B liable for damages? adoption.
a. B is not liable because of a force majeure. c. The parents of D can sue A & B, X & Y for damages who are solidarily
b. B is liable because at the time A was injured B was in possession of the liable.
horse. d. The parents of D can sue C represented by his parents but his properties
c. A is not entitled to an award of damages because the injury is self- can be made to answer for the damages sustained.
inflicted being the owner of the house. (Tamayo v. CA; 2180, NCC; PD 603, Art. 36)
d. A is not entitled to damages because of his own negligence.
(Art. 2183, NCC; Hisole case) DAMAGES
316. ABC Corp. is a furniture manufacturing company. One weekend, the 318. A and B entered into an exclusive dealership agreement over the product of
manager and two (2) employees had an overtime to finish a work upon A in the province of Tarlac. XYZ Corp. ordered such product from A, hence,
instruction of A, the President. At 12:00 midnight they were through with he delivered the same at its office in Tarlac. B learned about the transaction
the work, so B, the manager went back home driving a company car but hence, he sued A for damages. Is A liable?
dropped by a coffee shop to have midnight snacks and a cup of coffee. At a. A can be liable for breach of contract.
1:30 a.m., he was driving the company car on his way home when a b. A can be liable for abuse of right.
motorcycle collided with the car resulting in the death of C, the motorcycle c. A cannot be liable because he was exercising a right.
rider. At the time of the collision, a woman shouted “Papa” as she was d. A is not liable, but instead, XYZ Corp. is liable for interference in
surprised by the sudden collision. Who is liable for the death of C? contractual relationship.
a. The company is liable because the manager was still performing his (Art. 19, NCC)
tasks.
b. B alone is liable because at the time of the accident, he was not 319. A promised marriage to B, a gainfully employed girl. Before the marriage,
performing his tasks. they agreed that B would resign from the job, hence, a week before the
c. The company & B are solidarily liable. date set for the wedding, B resigned, but A did not comply with the promise
d. B, but in case of insolvency, the company. of marriage. B sued A for damages. Is A liable for damages?
(Castillex Industrial Corp. v. Vasquez)
a. A is not liable because mere breach of promise to marry is not an a. To prove that the accused may be liable for moral damages.
actionable wrong. b. To prove the guilt of the accused beyond reasonable doubt.
b. A is liable because there was an act independent of the breach of c. To prove that the accused is liable for exemplary damages.
promise to marry. d. He cannot do it because he can only prove what has been alleged in the
c. A is not liable because it is his right to back out from the wedding. information.
d. A is not liable because it was voluntary for B to resign and that she is
presumed to take care of her own concerns. 323. X is the owner of a domesticated dog. He left it at his compound while at
(Art. 21, NCC) work. Y, a neighbor threw stone at the dog, trying to play with it as he used
to do. The dog was hit, hence, it jumped from the compound of X and went
320. A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month after Y who got injured when he fell while running away from the dog. Is X
died due to a vehicular accident. During the trial of the case filed by his liable for damages?
heirs, the latter failed to produce his income tax returns as he never filed a. X is liable as owner/possessor of the dog.
the same with the BIR and yet, they were claiming for damages due to b. X is not liable because of force majeure.
unearned income. Is the defendant liable? c. X is not liable because of Y’s fault for throwing stones at the dog.
a. The defendant is not liable for the unearned income as there was no d. X is liable but the court will temper the award of damages due to
documentary evidence to prove the same. contributory negligence of Y.
b. The defendant is liable because testimonial evidence is sufficient to (Art. 2183, NCC)
prove the unearned income.
c. The defendant is liable because the law automatically provides for 324. A and B entered into a contract for B to construct the house of A for P10M.
liability in case of death. XYZ are partners engaged in the construction of houses. As they are friends
d. The defendant is liable as it is the natural consequence of his wrongful of A, they told him that they can construct his house for only P8M and told
act. him to cancel the contract with B. He cancelled the contract with B. What is
(Victory Liner v. Gamad) the right of B?
a. B can sue A for breach of contract.
321. A killed B. After trial A was convicted of the crime of murder and the court b. B can sue XYZ partnership because of interference in contractual
imposed the penalty of reclusion perpetua. Which amount of civil indemnity relationship.
may be awarded by the court? c. B can sue X,Y,Z for inducing A to violate his contract.
a. P50,000.00 c. P75,000.00 d. B can sue A, and XYZ partnership for breach of contract.
b. P3,000.00 d. P150,000.00, the (Art. 1314, NCC)
actual earnings of B.
325. A had a 4-storey building which was constructed by Engineer B and at the
322. In an information for murder, there is no allegation of aggravating same time the contractor. After five years, the building developed cracks
circumstances. The prosecutor, however presented evidence on the and its stairway eventually gave way and collapsed due to poor quality of
aggravating circumstances during the trial. What for is the presentation of materials used in the construction, resulting to injuries to some lessees.
evidence of aggravating circumstances if they were not alleged? Who should the lessees sue for damages?
a. A, the owner; c. Both A and B; a. A is not liable because mere breach of promise to marry is not an
b. B, the contractor; d. No one because of wear and actionable wrong.
tear of the building. b. A is liable because he caused sleepless nights, wounded feelings to B by
not appearing at the church.
326. ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of c. B is not entitled to damages because of mutual lust.
a radio station verbally attacked the corporation hence, the latter sued him d. B has to bear her own losses.
for damages. Is the school entitled to moral damages? (US v. Buenaventura)
a. ABC Corp. is not entitled to moral damages because it has no nervous
system to feel the wounded feelings and besmirched reputation. 329. A raped and killed a minor girl. He was convicted after trial. He can be held
b. ABC Corp. is entitled to moral damages because it has a personality liable for exemplary damages. What is the basis?
that can be maligned, tarnished or demeaned; a. The basis of the award of exemplary damages is found solely in Article
c. X, the commentator can interpose the defense of truth. 2230, NCC;
a. No, because it cannot suffer sleepless nights. b. Exemplary damages can only be awarded if there is more than one (1)
(Filipinas Broadcasting Network, Inc. v. Ago Medical Center, etc.) aggravating circumstances;
c. Exemplary damages can also be awarded where the circumstances of
327. A & B are married. B who was then pregnant by six (6) months was on board the case show the highly reprehensible or outrageous conduct of the
a bus going to the office. The vehicle met an accident resulting in injuries to offender and to set a public example, to serve as deterrent to elders
B and death of the fetus. They sued the bus company for damages due to who abuse and corrupt the youth and to protect the latter from sexual
the death of the fetus. Is the company liable? abuse.
a. A & B are entitled to an award of compensatory damages in the amount d. The existence of aggravating circumstances.
of P50,000.00 for the death of the fetus.
b. A & B can be entitled to an award of moral damages for the death of 330. A was one of the passengers of a vessel of Sulpicio Lines that sank resulting
the fetus. in the death of hundreds of passengers including A. The heirs of A filed an
c. A & B are not entitled to any amount of damages because the fetus has action for damages praying for compensatory, exemplary, moral damages.
yet to be born in order to die. The brothers and sisters intervened and prayed for moral damages. Are
d. A & B are entitled to damages because the fetus had life inside the they correct?
womb of the mother which the constitution and the law protect. a. Yes, the brothers and sisters of A are entitled to moral damages because
(Geluz v. CA) 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
328. A courted B and promised to marry her. The wedding was set on February that moral damages may be recovered in the following and analogous
14, 2011 but at the date set for the celebration. A did not appear at the cases, they being collateral relatives who are entitled to inherit;
church. B sued A for damages for breach of promise to marry alleging that c. No, only the spouse, legitimate and illegitimate descendants and
all preparations have been made and there were so many people who ascendants of A are entitled to an award of moral damages;
attended their scheduled wedding. She knew however that A was married
but still submitted herself to sexual desires of A. Is A liable?
d. The brothers and sisters of A are entitled to moral damages because of d. No, because the title of A is imprescriptible, the accretion being covered
the injury suffered by them due to the act or omission of Sulpicio which by the phrase “more of less.”
was the proximate cause of A’s death.
334. A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000
LAND REGISTRATION 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
331. A and B are married. They have been in possession of an agricultural land of Director of Lands to B in s2010. Is the Director correct?
the public domain as early as 1935. After their death C and D, their heirs a. Yes, because the accretion forms part of the alienable land of the public
inherited the same. Can they register the land? domain;
a. No, because the land forms part of the public domain; b. Yes, because of the Regalian Doctrine;
b. Yes, because their predecessors have been in possession continuously, c. No, because it belongs to A, being the riparian owner, hence, a private
openly, publicly and adversely of an alienable land of the public land;
domain as early as June 12, 1945 thus, converting ipso jure the same d. Yes, because of prescription.
to private land;
c. No, because of the Regalian Doctrine; 335. A filed an application for confirmation of imperfect or incomplete title over
d. No, because prescription does not lie against the State. a parcel of land. It was dismissed. Can A re-file the same?
a. No, because of res judicata;
332. A owns a parcel of land. Through the natural current of the river, there was b. Yes, because the dismissal does not constitute res judicata unless
a gradual increase in the area from 11,000 square meters to 13,000 square dismissed with prejudice;
meters in a period of 8 years. Can A register the land? c. No, because the dismissal means that A has not been able to establish
a. No, because it is a public land; his right, hence, the second application is a fishing expedition;
b. No, because he has not acquired it by prescription as the State is not d. No, because of lack of cause of action.
bound by the rules on prescription;
c. Yes, being the riparian owner, he is the owner of the accretion; 336. A filed an application for confirmation of imperfect or incomplete title. B
d. No, because he has not possessed it for a period of 10 years. filed an opposition alleging that the land is part of the inalienable lands of
the State. Is B correct?
333. A is the owner of a parcel of land adjoining a river. There is an accretion a. Yes, because anyone can invoke the interest of the State;
formed through the natural current of the river. In 1980, his neighbor took b. No, because only the State can invoke its interest;
possession of the accretion. In 2011, B filed an application for registration. c. Yes, by reason of public policy;
Will the petition prosper? d. Yes, because any Filipino is a real party in interest.
a. No, because A is the owner being the owner the land to which the
accretion is attached; 337. X is a naturalized Filipino. In 1990, he migrated to the USA and embraced
b. No, because the accretion is a public land; American citizenship. In 2010, he returned to the Philippines and asks you
c. Yes, having acquired it by prescription after 30 years of possession whether he can own a residential lot in Manila. What is your advice?
even in bad faith and without title;
a. Yes, he being a former natural-born citizen, he can own up to 5,000 d. No, because a void act can be the root of a valid title.
square meters;
b. No, because only former natural-born citizens can own land in the 341. In the question above A sold it to C while the title is clean. C registered it
Philippines up to 5,000 square meters in Manila; under his name. Can B recover the title?
c. Yes, because he has the same rights as a former natural born citizen; a. No, because C is a buyer in good faith and for value as the title was
d. Yes, otherwise, there would be a violation of the equal protection clean when it was sold;
clause. b. No, because of the mirror doctrine;
c. Yes, because C is not a buyer in good faith having closed his eyes to
338. A, an American citizen is married to B, a Filipina. Through the pension and things that he saw when he bought it;
savings of A, they acquired a residential lot in Manila, but it was registered d. No, because of the indefeasibility of his title.
under B’s name. B sold the property to C. Can A seek to recover the
property? 342. A is the owner of a parcel of land covered by a TCT No. 1. B stole the title,
a. Yes, because the sale is void as it was done without the consent of A; forged his signature and transferred it under his name. TCT No. 2 was issued
b. Yes, because B as trustee, she cannot sell the property; under his name. He sold it to C who registered under his name. When
c. No, because even if the property was acquired with A’s money, he returned to the Philippine in 2010, he discovered that his title was
cannot own land in the Philippines; transferred to another. Can he recover the same?
d. Yes, otherwise B would enrich herself at the expense of A. a. Yes, because the title of C is void;
(Cheeseman v. CA) b. No, because the title of C is valid because he is a buyer in good faith and
for value;
339. In the question above who can file an action to recover the property? c. No, because even if the title of B is void, a void title can be the root of
a. A can recover the property because the contract of sale is void; a valid title if it passes to a buyer in good faith and for value;
b. The State by filing a petition for reversion; d. Yes, because the title of B being void, it cannot produce a valid title.
c. The State by filing a petition for escheat;
d. No one because the title is valid especially so that B is married to a 343. Of the following properties enumerated, which is disposable?
Filipino. a. Mineral land c. Military reservation
b. Forest land d. Agricultural land
340. 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 344. X and Y are married. They have a son Z. When X died, Z inherited a property
registered the property of B under his name in 2009. Can B recover the covered by TCT No. 1. Z died without any issue. Y inherited it and obtained a
title? title. There is however no inscription of the reservable character of the
a. No, because one (1) year after the issuance of the title, it became property. Y sold it to A who obtained a title. Y died in 2009. Can B, C and D,
imprescriptible; the reservatarios recover the property?
b. No, because of the indefeasible nature of the title after one (1) year a. Yes, because the property is reserved to them by law;
from its issuance; b. Yes, because Y could not have sold it being a mere trustee;
c. Yes, because the title of A is void; c. No, because A is a buyer in good faith and for value;
d. Yes, because Y could not have sold that which she did not own. 348. 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?
345. In the problem, above, Y executed an affidavit stating the foregoing a. Yes, because if A’s title is void, he has no right to sue B for ejectment;
circumstances. It was inscribed/registered in the day book of the register of b. No, because that is a collateral attack on A’s title;
deeds. Can the reservatarios recover? c. Yes, because the decision on the title would be res judicata to the issue
a. No, because the title of A is indefeasible; of the right to eject A;
b. No, because A is a buyer in good faith and for value; d. Yes, because a decision on the title of A is prejudicial to the right to
c. Yes, because A is not a buyer in good faith and for value, as the eject B.
registration of the affidavit in the day book of the Register of Deeds is
notice to the whole world; 349. A leased a parcel of land from B. With the consent of B, A constructed his
d. No, because the affidavit was not recorded/annotated at the back of house. If B will file an application for registration of the land, what will
the title. happen to the house?
a. It will be included in the registration as improvement thereon unless A
346. The Roponggi property of the Philippines was sought to be sold to help raise files an opposition and asks that his right be annotated on the title;
funds to finance the various economic projects of the State. If you were b. A can have it registered independently;
consulted on this legal matter, what would be your advice? c. A need not file an opposition as the court will order the registration of
a. It can be sold because it is a patrimonial property of the State; the land without the house because registration under PD 1529 applies
b. It cannot be sold because it is a property of the State intended for only to land;
public use and public service; d. A can oppose alleging that he has a better right to register since he is in
c. It can be sold because it is a disposable property; actual possession.
d. It can only be sold if the Director of Lands reclassifies it to a patrimonial
property. 350. What is the remedy of an owner of a titled land in case it was registered by
(Laurel v. Garcia) another with the use of fraud under his name?
a. He can file an action for reconveyance within 10 years from the
347. May there be registration of a parcel of land already decreed in favor of discovery of the fraud;
another? b. He can file an action for reconveyance within 10 years from the date of
a. Yes, due to prescription; registration since the registrant is merely holding it as a trustee.
b. Yes, due to laches; c. He can file an action for reconveyance at anytime since the title is void,
c. No, the land registration court has no jurisdiction to order the hence, the right to file the action is imprescriptible;
registration of a property already registered, otherwise, it is void; d. He has to file the action within 4 years from the discovery of the fraud.
(MWSS v. CA, 215 SCRA 783)
d. Yes, for as long as there is compliance with the due process clause. 351. A was able to register a mineral land under TCT No. 1 as early as 1950. After
(Another application is a collateral attack on the first title. (Carvajal v. his death, his children B and C inherited it and sold to D. What is the remedy
CA, October 9, 1997) of the State if it chooses to recover it today?
a. File a petition for escheat;
b. File an action for reversion which is imprescriptible (Rep v. Animas, 56 c. Within 5 years from the date of the conveyance plus one (1) year
SCRA 499); redemption period under the Rules of Court.
c. Cannot file any action anymore because the title has become d. Imprescriptible because the sale is void.
indefeasible; (The rule is designed to protect the owner or the awardee.)
d. Cannot recover anymore because while A’s title was void, D has
acquired it in good faith and for value. 355. A was granted a homestead patent on April 3, 2009. On April 29, 2011, she
sold it to C. Is the sale valid?
352. May a corporation hold or own alienable lands of the public domain? a. Yes, because the right to sell is inherent in the right of ownership;
a. Yes, to become sustainable; b. No, the sale is void as the law prohibits the sale within 5 years from
b. Yes, because the term persons under PD 1529 is used in its generic the issuance of the patent; (Heirs of Bajenting v. Bañez, September 20,
sense to include artificial persons; 2006)
c. No, it can only lease; c. Yes, anyway, she can repurchase it;
d. Yes, for a limited time. d. Yes, because there is no prohibition at the back of the title.
Note: Except if it is a corporation sole. (Rep. v. IAC, 168 SCRA 165) (Even with the approval of the Director of Lands – VOID)
353. A is the owner of a property covered by TCT No. 10. As early as 1950, he 356. May a person file an application for registration of a part of the reclamation
knew that his title has been transferred under the name of B, but did undertaken by a local governmental unit?
nothing to recover it, knowing that B has been in possession. Can he file an a. Yes, because it is an alienable land;
action to recover it today? b. Yes, because it is a private land;
a. Yes, because the title is imprescriptible and indefeasible; c. No, because reclaimed lands of the public domain may only be leased
b. Yes, because B’s title is void, hence, the action to declare it void is not sold to private parties as they retain their inherent potential as
imprescriptible (Art. 1410, NCC); areas for public use or public service. (Chavez v. Public Estates
c. No more because of laches. While a title is imprescriptible, under Authority, 384 SCRA 152);
certain exceptional circumstances, it may yield to the principle of d. Yes, because a local government unit is vested with a juridical capacity
laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985) to enter into contracts.
d. No, because of estoppel. (Ownership of lands reclaimed from foreshore areas is rooted in the
(If there is inaction or utter neglect by the owner, and the intervention Regalian Doctrine. (Republic v. Enciso, November 11, 2005))
of rights by third parties may, for reason of equity, convert the claim of
imprescriptibility into stale demand.) 357. If a parcel of land sought to be registered is located in two (2) provinces,
where should the case be filed?
354. If a parcel of land covered by a homestead patent is sold, what is the period a. In both provinces;
of redemption? b. If declared for taxation purposes in one (1), then in that province;
a. Within 5 years from registration of the deed; c. If the boundary has already been determined and there are now plans
b. Within 5 years from the date of the conveyance (Sucaldito v. Montejo, for the two (2) provinces, then file the same in each of the provinces;
February 6, 1991);
d. If the land has been declared for taxation purposes in one province, 362. Of the enumeration below, which is not a remedy of the mortgagee in case
then, file it in the said province even if the boundary has not yet been the mortgagor dies?
determine. (Note: The boundary should have been determined.) a. File a claim against the estate;
b. Abandon the security and file a claim against the estate;
358. In an application for land registration, there was an opposition. Can the c. Foreclose the mortgage and ask for deficiency in the testate or intestate
oppositor pray for affirmative relief that he be declared the owner? proceeding;
a. No, because he was not an applicant; d. Rely exclusively upon the mortgage and foreclose the same.
b. Yes, provided he can adduce evidence to prove his interest. (City of
Manila v. Lock, 19 Phil 324) 363. A and B both Filipinos, are married. They bought a property but not covered
c. No, because there was no publication which is mandatory; by a title. They migrated to the USA and became American citizens. When
d. No, otherwise there would be violation of the due process clause. they came back for vacation, they filed a petition for registration of the land.
Will the petition prosper?
359. Within what time should a decree of registration be reopened? a. No, because they are now disqualified to own being aliens;
a. Within four (4) years from the issuance of the decree of registration; b. Yes, because it is just a confirmation of imperfect or incomplete title;
b. Within 30 days from receipt of the decree; c. No, by reason public policy, that land in the Philippines is reserved for
c. Within one (1) year from the issuance of the decree of registration; the Filipinos;
(Lopez v. Padilla, 45 SCRA 44; Eland Phils. Inc. v. Garcia, et al., G.R. No. d. No, in fact the State can even file an escheat proceeding.
173289, February 17, 2010);
d. Imprescriptible.
(Effect after 1 year even if no title has been issued by the RDO yet.)
CONFLICT OF LAWS
360. What is the ground for the reopening of a decree of registration?
a. Intrinsic fraud; c. Newly discovered 364. A is both a Chinese and a Japanese. While in Manila he died leaving
evidence; properties in the Philippines. Before he died, he was a domicile of Japan.
b. Actual fraud (Eland Phils. Inc. v. Garcia); d. Mistake. How should Philippine courts adjudicate the successional right to his estate?
a. In accordance with Chinese law because of the nationality theory;
361. If the homesteader sells the property before the lapse of the 5-year b. In accordance with Japanese law because of the nationality theory;
prohibition, what is the nature of the contract? c. In accordance with the domiciliary law;
a. Voidable c. Void by reason of d. In accordance with both laws considering that the Philippines is a third
public policy State.
b. Unenforceable d. Rescissible (Art. 16, NCC; domiciliary law comes to the succor or rescue to the
(Metropolitan Bank & Trust Co. v. Viray, G.R. No. 162218, February 25, national law theory.)
2010; Prohibition is mandatory.)

365. A, an American citizen and a resident of Canada executed a will in Japan.

Which among the following is not correct if the will is submitted to probate
in the Philippines?
a. It may be made according to the formalities prescribed by American
law;
b. It may be made according to the formalities prescribed by Canadian law;
c. It may be made according to the formalities prescribed by Japanese law;
d. It will not be made according to the formalities prescribed by
Philippine law.
366. In the problem above, may his estate located in the Philippines be distributed
in conformity with the provision of the said will?
a. Yes, provided that the provisions conform to the order of succession
and amount of successional rights as regulated by Japanese law;
b. Yes, provided that the provisions conform to the order of succession
and the amount of successional rights as regulated by the American
law;
c. Yes, provided that the provisions conform to the order of succession
and amount of successional rights as regulated by Canadian law;
d. Yes, provided that the provisions conform to the order of succession
and amount of successional rights as regulated by Philippine law.


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CIVIL LAW San Beda College Alabang Academic Bar Operations 2011 PRE-WEEK REVIEWER

b. They must adopt jointly; d. They may adopt

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

c. The legacy given to B’s child is not valid;

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

a. Yes, because there is complete incompatibility between the PN and the

a. Void; c. Valid; d. Where the stipulation refers to an impossible condition.

d. All payments are forfeited.

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

b. A & B are solidarily liable if A cannot prove the diligence of a good

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

365. A, an American citizen and a resident of Canada executed a will in Japan.

CIVIL LAW ADVISERS • DEAN ED VINCENT S. ALBANO • ATTY. BRUCE RIVERA

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