Civil Law Multiple Choice Questions 2012: Bar Operations 2012: Ace The Bar, Race The Car!

University of Cebu
College of Law
UCLASS Bar Operations
Civil Law Society
CIVIL LAW
MULTIPLE CHOICE
QUESTIONS
2012
by:
Rey Cris Panugaling

Marian Jane Alumbro
Richel Carreon
James Luego
Leonardo Escorido Jr
Stephanie Tan
Ruth Restauro
Bar Operations 2012: Ace the Bar, Race the Car!

References: Law Textbooks, Codes, Reviewers, Notes, Compilations, Articles and Internet Sources
For Private and Personal Use Only

Civil Law Multiple Choice Questions
University of Cebu College of Law UCLASS Bar Operations: Civil Law Society
c. The right shall be transmitted to the heirs of the

second heir.
d. None of the above.
Multiple Choice Questions
6. Suppose the reservista is survived by the uncles and
CIVIL REVIEW I aunts and by the nephews and nieces of the
propositus, who shall be entitled to the property
1. A executed a will consisting of ten pages. At the reserved? Choose the best answer.
probate, B, one of his children interposed an opposition
on the ground that one of the pages of the same has a. The uncles and aunts shall inherit the property
not been signed by A and one of the witnesses. Rule b. The nephews and nieces of the decedent survive
on the opposition. and are willing and qualified.
c. The uncles and nephews shall inherit together.
a. The testator and the instrumental witnesses d. The aunts and nieces shall inherit together.
must sign.
b. The defect is fatal if there is failure to have the 7. X and Y are married. The marriage was contracted
original signatures. under articulo mortis, and the testator died within 3
c. If there was mere inadvertence of one of the months from the time of marriage. What is X’s share
true witnesses or even the testator, the will of his spouse’s inheritance? Choose the best answer.
must be admitted.
d. The will should not be admitted. a. The surviving spouse shall inherit the whole
hereditary estate.
2. A, a minor, executed a last will and testament. He b. The surviving spouse shall inherit ½ of the
died at the age of 21, after which his will was estate.
submitted to probate. If you were the judge, would c. The surviving spouse shall inherit 1/3 of the
you approve it? estate.
d. The surviving spouse shall inherit ¾ of the
a. Yes, because the will is valid. estate.
b. Yes, because the testator is capacitated.
c. No, because the will is void. 8. X and Y are married. They have children A, B, and C.
d. No, because the will is not in accordance with During the lifetime of X, A renounced his inheritance
law. from his father. Upon X’s death, will the right of
accretion apply?
3. The attestation clause of X’s will do not contain his
signature. At its probate, it is being opposed on that a. Yes, A may renounced his inheritance from his
basis. Is the opposition correct? Choose the best father.
answer. b. Yes, the right of accretion applies.
c. No, because the renunciation is void.
a. Yes, because it is fatal defect. d. No, because the renunciation is not in writing.
b. Yes, the will is not valid.
c. No, attestation clause is not an act of the 9. A repudiated his inheritance from his father. Can he
testator. be represented by his son, B?
d. No, attestation clause is not a part of a will.
a. Yes, repudiation do not affect right of
4. After A has executed a will, he tore it out of anger representation.
because B and C were disputing the fact that a house b. No, because heirs who repudiate their share
and lot at San Lorenzo Village should have been given may not be represented.
by A to C when the will gives it to B. Discuss whether c. Yes, because the act of repudiation is contrary
the will was revoked or not. to public policy.
d. None of the above.
a. The mere act of A is immaterial
b. The tearing of the will may amount to revocation 10. If a compulsory heir is disinherited, is it limited to his
c. The tearing of the will may amount to revocation legitime?
if coupled with intent of revoking it.
d. The act of tearing the will is material. a. No, it also covers the free portion.
b. Yes, it is limited only to his legitime.
5. What is the effect if the second heir dies ahead of the c. Disinheritance affect only the free portion but
first heir in a fideicommisary substitution? Choose the not the legitime
best answer. d. None of the above.
a. No, transmission of right from the first heir to 11. Rights to succession are transmitted:
the second.
b. No right of representation a. On date of last will and testament
b. On probate of will
c. On death of testator
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d. On date of death of surviving heir a. Law

b. Contracts
12. What law shall determine the validity of a will? c. Quasi-contracts
d. Quasi-delicts
a. The national law of testator
b. The law at the time it is made 19. The bailee has the right to be reimbursed in full for
c. The law at the time of probate of the will advances he made for extraordinary expenses of
d. The law at the time of death of the testator preservation of the subject matter in commodatum.
13. A holographic has no date except one found on the a. he gave notice to the bailor before he incurred
first page, is the will valid? the expense.
b. if the extraordinary expense arose out of the
a. Yes, because the law does not specify the place actual use of the thing.
where the date should be placed.
b. No, because the date should be after the
c. if the bailee was negligent in the use of the
thing borrowed.
signature of the testator.
c. No, because it did not follow the requirements of d. even if the cause of the expense was the fault
law. of a third person.
d. Yes, because the intention of the testator must
be respected. 20. What are the objectives of Probate proceedings?
14. In case a holographic will is lost, can it still be a. Probate proceedings seek to establish the identity
probated? of the will, its genuineness and due execution,
and the testamentary capacity of the testator.
a. No, because the best and only evidence of the b. Probate seeks to determine whether the will is
handwriting is the will itself. formally valid.
b. No, the probate court has no jurisdiction. c. Probate seeks to determine whether the will is
c. No, because the testator is still living. intrinsically valid.
d. Yes, because secondary evidence may be d. Both b and c are correct.
presented.
e. Both a and b are correct.
15. Disposition captatoria means that the heir shall make
provisions in his will: 21. The borrower in a contract of loan or mutuum must
pay interest to the lender.
a. In favor of another heir
b. In favor of testator or any other person a. if there is an agreement in writing to that effect.
c. In favor of the state b. as a matter of course.
d. In favor of a legatee c. if the amount borrowed is very large.
d. if the lender so demands at the maturity date.
16. Preterition or omission of one, some, or all the
compulsory heirs, or some of compulsory heirs in the 22. Disinheritance is the process or act through
direct line whether living at the time of the execution testamentary disposition of depriving in a will any
of the will or born after the death of the testator compulsory heir of his legitime for true and lawful
shall: causes. The requisites are:
a. Make the will voidable a. Must be a valid will with legal, true and existing
b. Make the will void cause expressly stated.
c. Annul the institution of heirs b. Must be total and complete and said cause
d. Make the will unenforceable stated in the will.
c. The disinherited heir must be clearly identified
17. After the probate of a will, may a case for forgery be and the will is not revoked.
filed against an instituted heir? d. All of the above.
a. No, because the probate of the will is an 23. What crimes committed by a convict will disqualify
evidence of its due execution and authenticity. him as an instrumental witness to a will?
b. No, because the probate of the will is a justifying
circumstance. a. Falsification of public document.
c. Yes, because a forgery is a criminal action. b. Perjury and false testimony.
d. Yes, because this is a statutory right. c. Slander by deed.
d. a and b
18. When an injury or damage is caused to another,
there being fault or negligence and there is no pre- 24. This party in a reserva troncal is the descendant
existing contractual relation between the parties, the (brother or sister) whose death gives rise to the
source of the obligation is:
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reserve and from whom therefore the third degree is d. No. Representation is not allowed by law.
counted is known as:
30. State the share in the estate of the testator of
a. Origin illegitimate children who survive with the surviving
b. Propositus spouse.
c. Reservista
d. Reservatorios a. 1/3
b. ¼
25. A has a son B and the latter adopted C. B c. 1/8
predeceased his father. Can C represent B in the d. ½
inheritance of A?
31. A complaint of forgery was filed against instituted
a. Yes, he is a compulsory heir. heir after the allowance of probate of the testator’s
b. Yes, he is the legal representative. will. Will this action prosper?
c. No, there is no blood relationship between A and
C. a. No, the probate of the will is an evidence of the
d. No, he is a voluntary heir. due execution of the will.
b. No, the probate is a justifying circumstance.
26. X during his lifetime sold and conveyed two (2) c. Yes, forgery is a criminal action.
parcels of land to his heirs. After X’s death and the d. Yes, this is a statutory right.
probate of his will, are the conveyed properties
subject to collation for determination of the heirs’ 32. In reserve troncal the relatives within third degree
legitime? coming from the same line inherit from:
a. No, because X is no longer the owner of the a. Descendant propositus

conveyed properties. b. Reservista
b. No, because there was no gratuitous c. Origin
conveyance. d. Testator
c. Yes, because the heirs are already the owners of
the conveyed properties. 33. The renunciation or repudiation of inheritance shall
d. Yes, they are considered advanced legitime. take effect:
27. Can a criminal convicted of a crime which carries a. Date of repudiation or renunciation
civil interdiction execute his will? b. Date of will
c. Date of allowance of will
a. Yes, it is his statutory right. d. Date of death of testator
b. No, it is an accessory penalty.
c. Yes, it only prohibits disposition of property inter 34. Disposition Captatoria is void because the heir
vivos, not mortis causa. makes a disposition in his will in favor of:
d. No, it is inconsistent with public policy.
a. another heir
28. Spouses M and N executed two (2) separate wills b. testator
containing the same provisions. After their death, c. the State
their compulsory heirs filed a petition for joint d. a legatee or devisee
probate of their wills. One of the voluntary heirs
objected because joint probate is invalid. Is the 35. May the alluvial deposits be lost by prescription in
objection tenable? favor of another? Choose the best answer.
a. Yes, joint wills are not allowed in the Civil Code. a. No, because there is registration by fiction of
b. Yes, because the wills have different voluntary law.
heirs. b. No, because it is covered by a Torrens title.
c. No, because M and N are spouses. c. Yes, because it is not covered by a Torrens title.
d. No, because practicable considerations dictate d. Yes
the joint probate of the wills.
36. The northeastern portion of the land of X is bounded
29. X was disinherited by his father Y. In the probate of by the Manila bay. If there is accretion formed, who
Y’s will, can the children of X represent their owns the accretion? Choose the best answer.
disinherited father?
a. The riparian owner.
a. No, the disinheritance affects the heirs of the b. The accretion belongs to the state.
disinherited person. c. The owner of the contiguous land.
b. Yes, representation is allowed in case of d. Belongs to the land adjoining it.
disinheritance.
c. Yes, substitution of the disinherited person is 37. Which of the following is not a characteristic of a co-
allowed. ownership?
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a. There must be more than one subject or owner. a. A civil action

b. There is one physical whole divided into ideal b. A prosecution under the penal code or any local
shares. ordinance.
c. Each share is definite in amount, but is not c. Abatement without judicial proceedings.
physically segregated from the first. d. None of the above.
d. The co-ownership has juridical personality.
44. The nature of action in Quieting of Title is in
38. The following are modes of extinguishing usufruct personam.
except,
a. No, it is always a real action since the subject is
a. Expiration of the period for which it was real property.
constituted. b. No, because the decision is enforceable against
b. Merger of the usufruct and ownership in the the whole world.
same person. c. Yes, provided the subject is personal property.
c. Total loss of the thing. d. Yes, because the decision is enforceable only
d. Bad use of the thing in usufruct. against the defeated party.
e. None of the above.
39. X,Y, and Z are co-owners of a real property which
was mortgaged to A. X redeemed it during the 45. Minerals are still owned by the state even if
period of redemption with his personal funds. Did X discovered from a private land.
become the sole owner of the property, thereby
terminating the co-ownership? a. Yes, provided the land is not titled.
b. Yes, because the constitution so provides.
a. Yes, because his redemption vest in him sole c. No, if the land is titled to a private person.
ownership. d. No, it will violate property and property rights.
b. Yes, because the funds belong to him alone. e. None of the above.
c. No, because the redemption inured to the
benefit of all co-owners. 46. The owner and the tenant are in both possession of
d. No, because Y and Z did not consent to the the land subject of the lease contract.
redemption.
a. No, only the tenant, because he is in actual
40. The following are the classes of possession except. possession of the land.
b. No, only the owner, because the other is just a
a. Possession in one’s name or possession in the mere tenant.
name of another. c. Yes, but of different concept.
b. Possession in the concept of an owner or d. No, either of them.
possession in the concept of a holder. e. Yes, as general rule.
c. Possession in good faith or bad faith.
d. Possession with just title. 47. Negative easement may be acquired by prescription
through notarial prohibition.
41. The following are the requisites of the easement of
right of way, except. a. No, because it is non-apparent.
b. Yes, because notarial prohibition makes
a. The property is surrounded by other estate. apparent what is non-apparent.
b. There must be no adequate outlet to a public c. Yes, because it is provided for by law.
highway. d. Yes, only after 10 years from service of notarial
c. There must be indemnity. prohibition.
d. That if there is outlet, it is not convenient to the e. None of the above.
dominant estate.
48. In case of roots of a neighboring tree intruded to the
42. The following are disqualified to donate to each state of another, the neighboring owner has the right
other, except. to cut it off.
a. Those guilty of adultery or concubinage at the a. Yes, only after his demand for the cutting is
time of the donation. ignored.
b. Those found guilty of the same criminal offense b. Yes, because he owns the roots that intruded at
in consideration thereof. his property.
c. Those made to public officers or their spouses, c. No, without permission from the owner of the
descendants, or ascendants, by reason of their tree.
office. d. Yes, only after 10 years of prescription.
d. Those obliged to support one another. e. No, as a general rule.
43. The following are the remedies against private 49. Which statement is correct?
nuisance, except.
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1. Accession is the right of an owner of a property to

everything which is produced thereby or which is 55. In land registration cases, the government is always
incorporated or attached thereto either naturally or represented by whom?
artificially.
2. Natural, industrial and civil fruits belong to the owner. a. By the Office of the City Prosecutor.
b. By the Office of the Solicitor General.
a. Both statements are correct. c. By a private counsel hired for that matter.
b. Statement 1 is correct; statement 2 is incorrect. d. By the Register of Deeds.
c. Statement 1 is correct; statement 2 is correct. e. By the Bureau of Land.
50. It is a process whereby the current of a river, creek, 56. Accession is not a mode of acquiring ownership?
or torrent segregates from an estate on its bank a
known portion of land and transfers it to another a. Yes, because it was not one of the seven (7)
estate. Such process is known as: modes of acquiring ownership.
b. No, it is considered as acquisition by law.
a. Alluvion c. No, because it is neither alluvium nor avulsion.
b. Avulsion d. Yes, in accordance with our customs.
c. Adjunction e. Yes, as a general rule only.
d. Commixtion
57. A Torrens Title is not a protection in alluvium?
51. Which provision of the Condominium Act (RA 4796)
is correct? a. No, because a land covered by Torrens Title is
not subject to prescription.
1. A condominium corporation shall not, during its b. No, for economic reason.
existence, sell, exchange, and lease or otherwise c. Yes, because the soil added cannot be identified.
dispose of the common areas owned by or held by in d. No, because the property is titled.
the condominium project unless authorized by the e. Yes, if the river is navigable or floatable only.
affirmative vote of all the stockholders or members.
2. Whenever real property has been divided into 58. A possessor in bad faith of a land is entitled for
condominiums, each condominium separately owned reimbursement as a matter of right?
shall be separately assessed, for purposes of real
property taxation and other tax purposes, to the a. Yes, but only to useful expenses.
owners thereof and tax on each such condominium b. No to all kind of expenses, because he is in bad
shall constitute a lien solely thereon. faith.
c. Yes, but only to luxury expenses.
a. Provision 1 is correct, 2 is incorrect. d. Yes, but only to necessary expenses.
b. Both provisions are incorrect. e. Yes, by agreement with the parties.
c. Both provisions are correct.
d. Provision 1 is incorrect, 2 is correct. 59. Illegal condition/consideration will result to nullity of
the contract of donation?
52. May a real property be classified validly as personal
property? a. Yes, because the contract shall be contrary to
law.
a. Yes provided it will not prejudice third person/s. b. Yes, but if the condition/consideration had been
b. Yes by special provision of our laws. fulfilled already.
c. Yes by agreement between the parties. c. No, if the condition/consideration had not been
d. No. A real property is always a real property. fulfilled yet.
e. A, B & C are all correct. d. No, because it will violate the constitutional
rights of the parties.
53. Under our law Good Faith is presumed, why? e. B and C are correct
a. Because of express provision of our law/s. 60. In land registration cases, the court may acquire
b. Because it is the right thing to do. jurisdiction only after:
c. No, you have to prove it by extrinsic evidence..
d. No, it is to be proven beyond reasonable doubt. a. Service of summons to the
e. A and B are correct. respondents/defendants.
b. After trial of the case.
54. In like manner, Bad Faith is not presumed. Why? c. Upon filing of the petition/complaint.
d. Upon publication.
a. Yes, because bad faith is personal. e. Upon filing of the answer by the
b. Yes, because bad faith could be inherited. respondent/defendants.
c. Yes, because ignorance of the law excuses no
one. 61. In the contract of usufruct, the owner of the
d. Yes, because it should be proven in court. property is being called the naked owner. Why?
e. A and D are correct.
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a. Because the owner lost possession of the b. Yes, if the local ordinance expressly provided the
property. same.
b. Only if the subject is real property. c. No, because a local ordinance should not be
c. Because of the agreement of the parties. repugnant to law.
d. Because he was divested of his two (2) major d. No, because the local ordinance is not valid for
rights. being contrary to law.
e. Because it is a good name. e. C and D are both correct
62. In formation of an island, the owner of the nearest 68. A condominium buyer is entitled to the issuance of
margin/distance is the owner of the new island? the Condominium Certificate of Title as a matter of
right.
a. Because of the principle that accessory follows
the principal. a. Yes, from the time he signed the Contract of
b. Because of the express provision of laws. Sale.
c. Only if the river is floatable or navigable. b. Yes, from the time he fully paid the purchase
d. Only if the river is non-floatable or non- price.
navigable. c. Yes, from the time of the delivery of the condo
e. Only if there is a dries-up river bed. unit.
d. Yes, provided it is stated at the Master Deeds.
63. In perpendicular co-ownership, each floor owners e. All of the above.
must bear expenses pertaining to his own floor?
69. The doctrine of “Hot Pursuit” is an exemption to that
a. No, all the co-owners must share a person should not take the law into his own hands.
proportionately.
b. No, it is covered by Condominium Law. a. Yes, under special circumstance only.
c. Yes, because his ownership is identified. b. No, because everybody should be law abiding
d. Yes, as expressly provided for by law. citizen.
e. C and D are correct. c. No, because ignorance of the law excuses no
one.
64. Easement is always a real right. d. No, because the rule allows no exemption.
e. All of the above.
a. Yes, if the easement is for use of another real
property. 70. The nature of action in Quieting of Title is in
b. No, if the easement is for use of person only. personam.
c. Yes, because it is enforceable against the world.
d. No, because it is a property use limitation. a. No, because the subject of the case is always a
e. Yes, in the case of contractual easement only. real property.
b. No, because the decision in the case is
65. A nuisance is one of the most serious hindrance to enforceable against the whole world.
the enjoyment of life and property. c. Yes, provided the subject is a personal property.
d. Yes, because the decision is enforceable only
a. Yes, because it injures or endanger our health against the litigating parties.
and safety. e. None of the above.
b. Yes, because it annoys or offends our senses.
c. Yes, because it shocks, defies or disregards 71. Under Intellectual Property Code, to be covered by
decency or morality. the law, it is required that you register your business
d. Yes, because it hinders or impairs the use of in the Philippines.
property.
e. All are correct. a. Yes, because registration will give you such
protection.
66. Registration of the Register of Deeds is a mode of b. No, because the law is design to protect
acquiring ownership. registered and non-registered owner.
c. No, because the law is design to protect world
a. Yes as provided for by P.D. 1529. wide piracy of products.
b. Yes as provided for by the New Civil Code. d. Yes, because registration will give jurisdiction to
c. No, it is only for the protection of ownership our court.
rights. e. B and C are correct.
d. Yes, because if you failed to register it, you may
lost it by prescription. 72. Finder of lost movable property is guilty of the crime
e. None of the above. of theft if he keeps the thing to himself?
67. May a local ordinance extinguish a legal easement? a. No, because there is no force upon person.
b. Yes, if there is force upon thing.
a. Yes, because it is a recent law. c. Yes, like in prescription.
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d. Yes, because the owner lost only physical d. No, because Miguel is not a party to the contract
possession. of marriage between Liza and Noel.
e. No, because there is no more owner to speak
with. 78. Magdalene and Shantung Company entered into a
contract of agency before the consul general of the
73. Reproduction of books by Xerox or photocopying is a Philippines in Singapore. They stipulated that
violation of the Copyright Law? Magdalene shall be the administrator of the real
properties of Shantung Company in the said country.
a. No, it is being tolerated anyway. By virtue of the said contract, Magdalene sold the 1
b. No, because there is no law that prohibits it. hectare land of Shantung Company located in
c. No, because it is economical. Singapore to Mayhem Real Estate Corporation
d. Yes, because it deprives the author of his without any special power of attorney. The said
royalties. contract of sale was executed before the vice consul
e. Yes, because the operator of the Xerox Machine of the Philippines in Singapore. Under the laws of
does not pay his income tax. Singapore, the sale of a real property by an agent
without a special power of attorney is valid.
74. Donation is both an act and a contract. Shantung Company filed a suit for the annulment of
the contract of sale on the ground that Magdalene
a. No, because it is an act of man only. has no authority to sell the property. If you were
b. No, because there is no exchange of value. the judge, which of the following courses of action
c. Yes, because it is a gratuitous contract. should you take?
d. No, because it is not part of Obligation and
Contract of New Civil Code. a. Dismiss the action for annulment on the ground
e. None of the above. that the forms and solemnities of contracts, wills
and other public instruments shall be governed
75. Donation of the same thing to two or more persons by the law of the country in which they are
shall be governed by the rule on double sale? executed.
b. Dismiss the action for annulment on the ground
a. No, because they are of different contracts. that the property subject of the case is located
b. No, because they are covered by different in Singapore, thus, the law of Singapore shall
chapters of the New Civil Code. govern.
c. Yes, because both acts transfer ownership. c. Grant the action for annulment on the ground
d. No, because in donation there is no exchange of that the forms and solemnities of contracts, wills
value. and other public instruments shall be governed
e. No, because in sale there is exchange of values. by the law of the country in which they are
executed.
76. All installment buyers of real estate are protected by d. Grant the action for annulment on the ground
R.A. 6552 (Maceda Law). that Shantung Company did not authorized
Magdalene to sell the property.
a. Yes, because it is the intent and spirit of the law.
b. No, only those who had paid at least 2 years of 79. Wendy, single, bought a parcel of land in Dagupan
installment and defaulted later. City from Amante for P600,000.00. A contract was
c. No, they have to apply for it first at HLURB to be executed between them which already vested upon
covered. Wendy full ownership of the property, although
d. Yes, provided it will not violate their contract. payable in monthly installments for a period of 4
e. No, it is applicable only to buyer in installment years. One year after the execution of the contract,
of appliances. Wendy got married to Lorenzo. They executed a
marriage settlement whereby they agreed that their
77. Noel and Liza were sweethearts. Liza became properties shall be governed by the regime of
pregnant. Knowing that Noel was preparing for the conjugal partnership of gains. Thereafter,
bar examinations, Miguel, a lawyer and cousin of subsequent installments were paid from the conjugal
Liza threatened Noel with the filing of a complaint for partnership funds. Is the land conjugal or
immorality in the Supreme Court, thus, preventing paraphernal?
him from taking the examinations unless he marries
Liza. As a consequence of the threat, Noel married a. The land is conjugal because the installments
Liza. Can the marriage be annulled on the ground of were paid from the conjugal partnership funds.
intimidation under Article 45 of the Family Code? b. The land is paraphernal because ownership
thereof was acquired before the marriage.
a. Yes, because without the threat, Noel would not c. The land is both conjugal and paraphernal
marry Liza. because the installments were paid from both
b. Yes, because the threat, to enforce the claim of the personal funds of Wendy and the conjugal
Liza, vitiates the consent of Noel in contracting partnership funds.
the marriage. d. The land is paraphernal because it was Wendy
c. No, because the threat made by Miguel is just who purchased the same.
and legal.
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80. Marvin was married to Charina on February 14, d. No, because there was an agreement between
1990. Charina gave birth to a baby girl she named the parties to voluntarily dissolved their conjugal
Noreen. Due to irreconcilable differences, Marvin left partnership.
the conjugal dwelling. Charina, on the other hand
fell in love with David and they decided to live 82. Jessie donated P200,000.00 to the unborn child of
together as husband and wife on May 12, 1992. Six his cousin Laura, which the latter accepted in a
(6) years after or on September 8, 1998, Marvin died private instrument. After 6 months of pregnancy,
in an accident. Free at last, Charina and David the fetus was born and baptized Casey. Casey died
decided to get married on February 14, 2000 22 hours after birth. Jessie sought to recover the
executing an affidavit that they have been living P200,000.00. Is Jessie entitled to recover the
together as husband and wife for more than five (5) money he donated?
years. The marriage took place but the solemnizing
officer failed to execute an affidavit that he a. No, because the donation is valid as Laura
ascertained the qualifications of the contracting already accepted the same
parties. Two (2) years later, Charina died living a b. No, because when Casey died, Laura, as Casey’s
considerable amount of properties. Noreen, assisted heir, inherited the money donated by Jessie.
by her grandparents, filed a petition questioning the c. Yes, because the donation never produced any
validity of her marriage to David. If you were the legal effect as Casey, the supposed donee,
judge, how will you decide on the petition? never acquired civil personality.
d. Yes, because the donation is void as the
a. Dismiss the petition on the ground that Noreen acceptance was not made in a public instrument,
has no personality to question the validity of the thus producing no legal effect.
marriage of her mother to David.
b. Grant the petition on the ground that he 83. Clark Kent, an American national, married Darna
ascertained the qualifications of the contracting dela Cruz, a Filipino Citizen last March 8, 1992 with a
parties and found no legal impediment to the valid marriage license. It appears that Clark Kent
marriage. was issued a certificate of legal capacity to contract
c. Dismiss the petition on the ground that the marriage after the celebration of the marriage. The
marriage is valid because Charina and David U.S. embassy claims that such marriage is void from
lived together as husband and wife for more the beginning. Is the contention of the U.S.
than 5 years and their marriage took place after embassy tenable?
the death of Marvin, the husband of Charina,
thus, no need to secure a marriage license. a. Yes, because the law provides that when either
d. Grant the petition on the ground that the or both of the contracting parties are citizens of
marriage is void ab anitio, as the ratification of a foreign country, it shall be necessary for them,
their marital cohabitation is not valid. before a marriage license can be obtained, to
submit a certificate of legal capacity to contract
81. Spouses Reynaldo and Ana decided to separate and marriage, issued by their respective diplomatic
to voluntary dissolve their conjugal partnership. or consular officials.
Hence, they executed a public document wherein b. Yes, because the marriage license was
they declare that they had no debts, that they were wrongfully obtained by the parties, thereby
voluntarily dissolving their conjugal partnership, and invalidating the marriage.
that each of them would thereafter be free to acquire c. No, because the U.S. embassy later on issued a
or dispose of any property independently of the certificate of legal capacity to contract marriage,
other. Thereafter, they lived apart. Ana engaged in thus, during the defect in the issuance of the
business which unfortunately failed. Reynaldo, on marriage license.
the other hand, continued to be gainfully employed d. No, because the absence of the certificate of
and was able to acquire properties through his own legal capacity to contract marriage is a mere
efforts. The creditors of Ana obtained a judgment irregularity in the formal requisites of marriage,
against the latter which they could not satisfy thus it will not affect the validity of the
because Ana was insolvent. Could the creditors of marriage.
Ana obtain satisfaction of the judgment out of the
properties of Reynaldo? 84. Glenda, a Filipino citizen and John Riel, an Australian
citizen, got married in the consular office of the
a. Yes, because the properties of Reynaldo are Philippines in Australia. According to the laws of
conjugal as they were obtained through his Australia, a marriage solemnized by a consular
efforts and industry. official is valid, provided that such marriage is
b. Yes, because the parties are still legally married celebrated in accordance with the laws of such
to each other when the creditors obtained a consular official. What is the status of the marriage
favorable judgment against Ana. of Glenda and John Riel?
c. No, because the properties of Reynaldo are his
exclusive properties as they were obtained a. Void, because the consular official has no
through his own efforts and industries. authority to solemnize the marriage.
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b. Valid, because according to the laws of c. it had an intra-uterine life of less than 7 months
Australia, such consular official has authority to and dies within 24 hours after its complete
celebrate the marriage. delivery from the maternal womb.
c. Voidable, because there is an irregularity in the d. it was aborted on request of or with permission
authority of the consular official to solemnize from the father to save the life of the mother.
marriages.
d. Valid, because such marriage is recognized as
e. it had an intra-uterine life of 9 months but dies
in the maternal womb.
valid in the place where it was celebrated.
90. The husband may impugn the legitimacy of his child
85. The doctrine of “Self-Help” is an exemption that a
but not on the ground that:
person should not take the law intro his own hands.
a. Yes, under special circumstances. a. the wife is suspected of infidelity.

b. No, because everybody should be law abiding b. the husband had a serious illness that prevented
citizen. him from engaging in sexual intercourse.
c. No, because ignorance of the law excuses no c. the child could not be his for biological or
one. scientific reasons.
d. No, because the rule allows no exemption. d. they were living apart.
e. All of the above. e. he is physically incapable of sexual intercourse
86. Excited over their impending marriage, the parties
91. A marriage is void if:
overlooked the expiration date of their marriage
license but just the same the marriage was
solemnized two days after its expiration date. The
a. solemnized with a marriage license issued
marriage is: without complying with the required 10-day
posting.
a. valid there being a marriage license validly b. solemnized by a minister whom the parties
obtained by the parties. believe to have the authority.
b. voidable there being a defect in the formal c. between parties both 23 years of age but
requisite. without parental advice.
c. valid there being only an irregularity in the d. between a woman and her husband’s
marriage license. killer/holdup per.
d. void in the absence of a valid marriage license. e. solemnized by a commanding officer between
two members of his battalion.
e. valid there being good faith on the part of the
parties.
92. In legal separation:
87. Filipinos are governed by their national law with
respect to the following matters, except:
a. the aggrieved spouse may file the action within
5 years from the time of the occurrence of the
cause.
a. legal capacity
b. no trial shall be held without the 6-month
b. family rights and status
cooling off period being observed.
c. personal property
c. the spouses will be entitled to live separately
d. testamentary succession upon the start of the trial.
e. intrinsic validity of wills d. the prosecuting attorney has to conduct his own
investigation.
88. Separation of property between spouses during the e. the decree will not be granted solely on the
marriage may take place only:
basis of admission.
a. by agreement of the spouses. 93. Three years after marriage, wife learned that
b. if one of the spouses has given ground for legal husband is afflicted with STD. Apparently, he has
separation. been afflicted even before the marriage but
c. upon order of the court. concealed such fact. An action for annulment may be
d. if one spouse has abandoned the other. filed by the wife.
e. if only one of the spouses is earning.
a. within five years after marriage.
89. For civil purposes, a fetus may be considered born if: b. anytime during the lifetime of the husband.
c. within five years upon knowledge of the STD.
a. it had an intra-uterine life of 8 months but is d. anytime during the lifetime of the wife.
dead upon delivery. e. anytime during the marriage.
b. it had an intra-uterine life of less than 7 months
and it died after 5 days upon delivery. 94. On March 3, 1995, wife delivered a child at which
time the husband has been harboring the suspicion
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of her unfaithfulness. He has since been a. Usufruct because the usufructuary has possession
contemplating on impugning the legitimacy of the and fruits of the property
child until he met an accident and died on March 27, b. Easement because the servient estate is under
1996. The legitimacy of the child may be impugned obligation to let others use the property
by: c. None, because in both cases there is no transfer
of title
a. his parents d. Easement because easement is enforceable even
b. his illegitimate child, if any if there is no contract
c. his brothers or sisters
100. Are growing crops real property?
d. his aunts or uncles
e. none of them a. Yes, for the purpose of civil law
b. No, for the purpose of criminal law
95. Specific guidelines have been laid down by the c. No, for the purpose of commercial law
Supreme Court in the interpretation and application d. All of the above
of psychological incapacity as a ground for e. None of the above
annulment.
101. A, donated a parcel of land to the unborn child of H
a. the incapacity must be proven to be existing at and W, is the donation valid?
the time of the celebration of the marriage.
b. the illness must be grave a. No, because there is no donee yet
c. the burden of proof must rest on the b. No, because there is no one yet to accept the
donation
respondent.
c. Yes, provided the child be born alive or to live for
d. the roots of the illness can be traced to the
at least 24 hours under certain conditions
history of the subject d. No, because the donee has no name yet to whom
e. the incapacity appears to be incurable. the land is to be transferred
96. Excessive donation inter vivos may be revoked or 102. Mr. J constructed a basketball court at the middle of
reduced after the death of the donor. the street, may Mr. J be charged criminally in
court?
a. Yes, in so far that it reduces the legitimate of .
the compulsory heirs. a. No. because the remedy is only destruction or
b. No, because it took effect while the donor is still removal
alive. b. No, because the case is inlay civil in nature
c. No, because it will impair the right of a person c. Yes, provided that the basketball court be
to enter into a contract. declared first as a public nuisance
d. Yes, provided that Mr. J did not pay any permit
d. No, because it is not practical.
to the local government
e. All of the above.
103. Mr. X planted a mango tree at the edge of the
97. A husband by chance discovered hidden treasures on boundary line of his (X) land with Mr. B. After
the paraphernal property of his wife, who owns the ten years branches of the mango tree
discovered treasure. encroached the air space of B. Mr. X is the
owner of the encroaching branches because…
a. The half pertaining to the husband (finder)
belongs to the conjugal partnership a. of the principle “accessory follows the principal
b. The half pertaining to the wife (as owner) b. the tree is planted in his (X) land
belongs to the conjugal partnership c. in accordance with the law of easement
c. One half shall belong to the husband as finder d. All of the above
and the other half shall belong to the wife as e. None of the above
owner of the property.
d. a and b 104. Which among the properties of the states that could
be the subject of prescription in favor of a private
98. Action for rescission on the account of lesion will person?
prescribe within ---
a. agricultural land
a. 10 years b. forest land
b. 5 years c. public road
c. 7 years d. seashore
d. answer not given
105. Which among the churches listed below is owned by
99. Which one is more burdensome, easement or the Roman Catholic Church?
usufruct?
a. Quiapo Church constructed after 1898
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b. San Agustin Church constructed before 1898 b. Concealment of drug addiction of a sexually-
c. Manila Cathedral constructed before 1898 transmissible disease, regardless of its nature,
d. Vigan Church constructed before 1898 existing at the time of the marriage
c. Concealment of drug addiction, habitual
106. Which among the group of things listed below could alcoholism, homosexuality or lesbianism
not be considered as a property? existing at the time of marriage
d. Concealment by the wife or the husband of
a. res nullius the fact of previous sexual relations prior to
b. res communes the marriage
c. res alicujus e. All of the above
d. None of the above
112. Which of the following is not a requisite for a valid
107. Patrimonial Property of the State refers to donation propter nuptias?
a. those no longer intended for public use and public a. The donation must be made before the
service celebration of the marriage
b. those no longer intended for public good and b. The donation shall be automatically revoked
public welfare in case of non-celebration of the marriage
c. those actually possessed, occupied or utilized by c. The donation must be made in consideration
indigenous cultural minorities by themselves of the marriage
or through their ancestors d. The donation must be made in favour of one
or both of the future spouses
108. The document issued by the government agency e. None of the above
concerned stating that mineral resources project
under consideration will not bring about an 113. Which of the following circumstances does not
unacceptable environmental impact and that the terminate the absolute community of
proponent has satisfied the requirements of the property?
environmental impact system is called
a. Upon the death of either spouse
a. Environmental Compliance Certificate (ECC) b. Upon conviction of a crime involving moral
b. Environmental Impact Statement (EIS) turpitude by either spouse
c. Joint Venture Agreement (JVA) c. When the marriage is annulled or declared
d. Mineral Resource EDUC Certification void.
d. When there is a decree of legal separation
109. Which of the following marriages is void for reasons e. None of the above
of public policy?
114. The general rule is that both husband and wife must
a. Between brothers and sisters, whether of jointly adopt except in the following cases:
the full or half blood
b. Between step-parents and step children a. When one spouse seeks to adopt his own
c. Between parents-in-law and children-in-law illegitimate child
d. B and C b. When one spouse seeks to adopt his own
e. None of the above legitimate child
c. When one spouse seeks to adopt the
110. Which of the following is not included in the legitimate child of the other
attributes of juridical capacity? d. A and B
e. A and C
a. Juridical Personality is inherent in every
natural person, and therefore it is not 115. Which of the following is not a ground for
acquired. extinguishment of parental authority?
b. Juridical capacity is lost only through death
c. Juridical capacity can be limited or restricted a. Upon the death of the child
d. Juridical capacity cannot exist without b. Upon adoption of the child
capacity to act c. Upon appointment of a general guardian
e. None of the above d. All of the above
e. None of the above
111. The following constitute the different circumstances
or cases of fraud which will serve as ground for the 116. Bruce was pronounced by his physician to be
annulment of a marriage, except? suffering from an incurable disease and that he is going
to die at anytime. Bruce was engaged to Margarita. In
a. Non-disclosure of the previous conviction by view of the pronouncement of Bruce’s doctor, the two got
final judgment of the other party of a married without a marriage license. Six (6) months
crime involving moral turpitude thereafter, Bruce died. The validity of their marriage was
attacked on the ground that the marriage was not a
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marriage in articulo mortis. What is the status of the

marriage between Bruce and Margarita. 121. Amelia and Arsenio are married. Amelia went to the
U.S. to work as a nurse in 2005. She left her two (2)
a. Voidable children, Benjie and Cherry, 4 years old and 2 years
b. Valid old, respectively, with her parents, Danilo and
c. Valid but subjects the party responsible to civil, Elenita. Later, because his parents-in-law, do not
criminal and administrative liability want to give his children to him, Arsenio, through
d. Unenforceable trickery, was able to get his children from their
e. Void ab initio maternal grandparents. Danilo and Elenita are
claiming that they have a better right to have
117. Which of the following does not characterized legal custody over Benjie and Cherry since they are
separation? financially capable of supporting the needs of the
children.
a. The marriage is not defective
b. The grounds arise only after the marriage Can the grandparents claim back the children?
c. The spouses are still married to each other and
cannot, therefore remarry a. Yes, because the mother Amelia has transferred
d. There are ten (10) grounds for legal separation her parental authority over the children in favor
e. None of the above of the grandparents.
b. Yes, because the grandparents are more
118. The Civil Code of the Philippines took effect on: financially capable of providing for the needs of
the children.
a. August 30, 1951 c. No, because parental authority should be vested
b. June 30, 1950 on the present parent, Arsenio.
c. August 30, 1950 d. No, because the children should be given back to
d. June 30, 1949 their mother considering that being both less
that 7 years of age, their mother must have
119. Charlie gave his diamond-encrusted watch worth custody over the children.
Php 25,000.00 to his friend Danny as a birthday gift.
Danny readily accepted the gift with profuse 122. Occupation is:
gratitude. One month later, they had a serious
quarrel; hence, Charlie demanded the return of the a. A derivative mode of acquiring ownership
watch from Danny. Danny refused to return the b. An original mode of acquiring ownership
watch. c. Not a mode of acquiring ownership
d. None of the above
What is the nature of this donation?
123. Clara thinking of her morality, drafted a will and
a. Valid, because there was intention to donate and asked Roberta, Hannah, Luisa and Benjamin to be
delivery by the donor Charlie. witnesses during the day of the signing of her will, Clara
b. Valid, because there was acceptance and receipt fell down the stairs and broke both her arms. Coming
of the donated personal property by the donee from the hospitals, Clara insisted on signing her will by
Danny. thumb mark and said that she can sign her full name
c. Void, because the value of the thing donated later. While the will was being signed, Roberta,
exceeded Php 5,000.00 and the donation and experienced a stomach ache and kept going to the
acceptance were not in writing. restroom for long period of time. Hannah while waiting
d. Void, because the value of the thing donated for her turn to sign the will, was reading the 7 th Harry
exceeded Php 5,000.000 and the donation and Potter book on the couch, beside the table on which
acceptance were not in a public instrument. everyone was signing Benjamin, aside from witnessing
the will. Also offered to notarize it. A week after, Clara
120. In a residential subdivision in San Pedro, Laguna, was run over by a drunk driver while crossing the street
Marimar constructed and maintained a shoe factory in Greenbelt. May the will of Clara be admitted to
which emits pollution and very loud noise 24 hours a probate? Give your reasons briefly.
day.
a. Yes, because the testatrix signed the will in
How do you classify this nuisance? the presence of 4 credible witnesses and
the credible witnesses signed the will in the
a. Nuisance per se, because it is always a nuisance, presence of the testatrix and of one
regardless of its location and surroundings. another.
b. Nuisance per accidents, because it is only a b. Yes, because the testatrix signed the will in
nuisance based on its location and the presence of 3 credible witnesses and the
circumstances. 3 credible witnesses signed the will in the
c. Nuisance per se, because it affects the entire presence of the testatrix and of one
subdivision another.
d. Nuisance per accidents, because it affects and c. No, because there were only two credible
annoys the entire residential subdivision. witnesses who attested and signed the will
Only 13
in the presence of the testatrix and of the 126. The following constitute fraud which is a ground for
one another. annulment of marriage
d. No, because the testatrix was not
a. concealment of pregnancy of the wife by a
man other than the husband
124. In 1986, Jennifer and Brad were madly in love. In b. concealment of drug addiction, habitual
1989, because a certain Picasso painting alcoholism, homosexuality or lesbianism
reminded brad of her, Jennifer acquired it and existing at the time of marriage
placed it in his bedroom. In 1990, Brad and c. concealment of physical incapacity of
Jennifer broke up. While Brad was mending his consummating the marriage and such
broken hearth, he met Angie and fell in love. incapacity continues and appears to be
Because the Picasso painting reminded Angie of incurable
him, Brad in his will bequeathed the painting to d. letters a and b
Angie. Brad died 1995. Saddened by Brad’s e. all of the above
death, Jennifer asked for the Picasso painting
as a remembrance of him. Angie refused and 127. A valid marriage licence secured prior to the
claimed that Brad, in his will, bequeathed the marriage is a formal requisite to make the marriage valid
painting to her is Angie correct? Why or why except;
not?
a. marriage in articulo mortis
a. Yes, because the painting was owned by b. marriage between parties who have been
Brad cohabiting for at least 5 years without
b. Yes, because the painting was given as any legal impediment to marry each other
legacy to her by Brad. c. marriage before the consul, consul-general
c. No. because the real owner of the painting or vice consul between Filipino citizens
was Jennifer. abroad
d. Yes, because the painting was given to Brad d. letters a and b
as a gift by Jennifer. e. all of the above
125. For purpose of this questions, assume all formalities

and procedural requirements have been complied with: 128. The absolute community of properly terminates
in 1970 Ramon and Dessa got married. Prior to a. upon the death of either spouse
their marriage, Ramon had a child, Anna. In 1971 and b. when the mirage is annulled or declared
1972 Ramon and Dessa legally adopted Cherry and void
Michelle respectively. In 1973, Dessa died while giving c. upon separation of the spouses de facto
birth to Larry. Anna had a child. Lia, Anna never married. d. letters a and b
Cherry, on the other hand, legally adopted Shelly. Larry e. all of the above
had twins, Hans and Gretel, with his girlfriend, Fiona. In
2005, Anna, Larry, and Cherry dies. Who may inherit CIVIL REVIEW II
from Ramon and who may not? Give your reason briefly.
1. A bus owned and operated by CRV Lines, Inc., and
a. Lia shall inherit from Ramon because the negligently driven by Mr. D, an employee rammed a
iron-barrier rule is not applicable his being Meralco lamp post. The incident injured Mr. P, a
illegitimate daughter of Anna, the passenger, Mr. PD, a pedestrian. Which is correct?
illegitimate daughter of Ramon.
b. Hans and Gretel shall not inherit from a. Mr. D cannot be sued under a culpa criminal
Ramon, the iron barrier rule applicable in theory of Mr. P.
this case. Hans and Gretel are the b. Mr. P can sue CRV Lines under a quasi delict
legitimate son of Ramon. theory as employer of Mr. D.
c. Michelle shall inherit from Ramon being the c. Mr. PD can sue CRV Lines under a contractual
legally adopted daughter of Ramon. She theory.
enjoys the same rights and privilege just d. CRV Lines can be sued by Mr. P only under a
like a legitimate child, including contractual theory.
successional rights
d. Shelly shall not inherit being the legally
adopted daughter of Cherry, the legally 2. Mr. Seller offered to sell to Mr. Buyer, a parcel of
adopted daughter of Ramon. The land for P5 million. Because the latter could not
relationship created by fiction of law make up his mind, Mr. Seller gave him thirty (30)
extends only the adopter and adoptee and days within which to decide.
does not extend anymore to parents of the
adopter. a. Seller may always withdraw the offer before 30
e. All of the above days.
Only 14
b. Seller can withdraw the offer prior to acceptance c. A contract of partnership with a
by Mr. Buyer. contribution of an immovable.
c. Seller cannot withdraw before the lapse of 30 d. An authority by the principal to an
days. agent to sell movables.
d. Answer is not given.
8. The following are contracts that require the delivery of
3. Miss X, is a passenger in a jeepney driven by Mr. D the subject matter before a perfected contract exists.
and owned by Mr. O. The jeepney was rear-ended Which is the exception?
by another jeep owned by Mr. TP. Investigations
disclosed that the fault was due to the driver of Mr. a. An agreement to borrow/lend money.
TP. Which is not correct? b. An agreement to borrow/lend a car.
c. An agreement to deposit 1,000 bags of
a. Miss X may sue Mr. O under a breach of contract cement in a warehouse.
of carriage. d. A sale of a car.
b. Miss X may sue Mr. TP under a culpa aquiliana
theory. 9. Mr. Seller offered a parcel of land to Mr. Buyer No. 1
c. Miss X may sue the driver of Mr. TP under a under a contract to sell. Subsequently, Mr. Seller sold
culpa criminal theory. the same land to Mr. Buyer No. 2 who paid the price.
d. Mr. O in a suit by Miss X for breach of contract After a couple of days, Mr. Buyer No. 1 paid the price.
may defend by alleging that the proximate Which is correct?
cause of the accident was the jeepney of Mr. TP.
a. The one with a better right is Buyer No.
4. Mr. Buyer bought a car from Mr. Seller, a dealer of 2
cars under the following terms: (i) down payment of b. Mr. Seller has done a double sale.
P500,000; (ii) entire balance is to be paid on c. The one with the better right is the
December 24, 2004; (iii) a chattel mortgage is to be buyer who registers the sale first in
executed over the car bought or sold in favor of Mr. good faith.
Seller. If on the due date for the balance, no d. There is no double sale.
payment is paid despite demand.
10. No. 1 – Fraud is always a ground for annulment
a. Mr. Seller may foreclose the mortgage on the of a contract.
car and recover any balance if there be a No. 2 – A simulated contract is voidable.
deficiency in the foreclosure sale.
b. Mr. Seller can foreclose the mortgage on the car a. Both are false.
but is precluded from recovering any balance. b. Both are true.
c. Mr. Seller cannot foreclose the mortgage. His c. No. 1 is false; No. 2 is true.
only remedy is to sue for the balance. d. No. 1 is true; No. 2 is false.
d. Mr. Seller can only cancel or rescind the sale.
11. Which contract is rescissible?
5. Mr. Seller offered to sell a parcel of land Mr. Buyer
orally for P5 million. Mr. Buyer accepted orally on a. A contract where both parties are of
November 5, 2004. unsound mind.
b. A contract violating the statute of
a. The sale is voidable. frauds.
b. The sale is valid and can be registered. c. A contract where the debtor sells his
c. The sale is valid but unenforceable and cannot be property to defraud the creditor where
registered. the buyer is in good faith.
d. The sale is voidable but may be ratified. d. None of the above.
6. Mr. X. donated a cell phone worth P35,000 to Mr. B 12. A contract of sale is deemed an equitable mortgage
orally and delivered the same to Mr. B who accepted. in any of the following situations, except:
a. The donation is valid. a. When the price is unusually inadequate.

b. The donation is voidable and may be annulled. b. When the buyer retains for himself a
c. The donation is void and Mr. X may get the cell part of the purchase price.
phone back. c. When the vendor binds himself to pay
d. The donation is void but Mr. X cannot get the the taxes on the thing sold.
cell phone back. d. When the buyer is in possession as
lessee.
7. Which among the following must be in writing to be 13. When the debtor binds himself to pay when his
valid? means shall permit him to do so,
a. A sale of a land. a. The obligation is deemed to be one with

b. Every donation of personal or movable a period.
property.
Only 15
b. The obligation is a conditional a. If the dog died on April 30 without

obligation. anyone’s fault, Mr. X shall be liable to
c. The obligation is void. Mr. Y by reason of delay.
d. The obligation is unenforceable. b. Mr Y shall bear the loss because of res
perit domino.
14. Which of the following contracts is not unenforceable? c. Mr. Y shall bear the loss because of
genus nunquan perit.
a. An oral agreement to pay for the debt, d. Mr X shall bear the loss because of
default or miscarriage of another. genus nunquan perit.
b. An oral sale of land. e. No one shall bear the loss.
c. An oral sale of movables with a value of
P500. 20. No. 1 – The mortgagor in a real estate mortgage may
d. An oral agreement to lend P50,000. sell the property mortgaged despite a prohibition
to that EFFECT.
15. No. 1 – A contract of sale is a mode of acquiring No. 2 – If there is a balance after the foreclosure
ownership. sale in a chattel mortgage arising he deficiency cannot be
No. 2 – Every delivery transfers ownership. recovered.
a. Both are false. a. Both are true.

b. Both are true. b. Both are false.
c. No. 1 is true; No. 2 is false. c. No. 1 is false; No. 2 is true.
d. No. 1 is false; No. 2 is true. d. No. 1 is true; No. 2 is false.
16. Mr. X pledged his gold watch to Mr. Y as security for 21. No. 1 – The laws governing deposits govern the
a loan. The loan was not paid. relationship between a bank depositor and a bank.
No. 2 – A creditor may be compelled to receive a
a. Mr. Y may appropriate the ring as his certified check in payment of a loan.
own if there is a stipulation to that
effect. a. Both are false.
b. Mr. Y must sell the ring to someone b. Both are true.
else even in a private sale. c. No. 1 is true; No. 2 is false.
c. Mr. Y may recover the deficiency from d. No. 1 is false; No. 2 is true.
Mr. X if after the auction sale, a
deficiency exists. 22 .Mr. X lost heavily in a private gambling with Mr. Y.
d. Mr. Y cannot recover the deficiency He still owes Mr. Y P250,000 representing losses.
after the auction sale. Which is not true?
17. The benefit of “exclusion” is available in a contract of a. The wife of Mr. X may file a suit to
recover the losses if Mr. X refuses to
a. guarantee file the suit.
b. suretyship b. Mr. Y has the obligation to return the
c. pledge losses of Mr. X.
d. antichresis c. Mr. X is estopped from recovering his
losses.
18. Mr. Seller and Mr. Buyer orally agreed on the d. Mr. Y cannot collect the unpaid losses
following: of Mr. X.
(i) the land to be sold has an area of 10,000 sq.
meters; (ii) price is P5 million; and (iii) Mr. Seller shall 23. Mr. X, without the authority of Mr. Y, owner of a car,
prepare the deed of sale. With fraudulent intent, Mr. sold the same car in the name of Mr. Y to Mr. Z. The
Seller knowing the inadequacies of Mr. Buyer with contract between Mr. X and Mr. Z is
respect to numbers wrote 1,000 sq. meters instead of
10,000 sq. meters. The sale is a. void because of the absence of consent
from the owner, Mr. Y.
a. void b. valid because all of the essential
b. voidable but the contract may be requisites of a contract are present.
reformed c. unenforceable because Mr. X had no
c. valid but the instrument may be authority but he sold the car in the
reformed name of Mr. Y, the owner.
d. valid but the contract may be reformed d. rescissible because the contract caused
lesion to Mr. Z.
19. Mr. X promised to deliver a specified dog named
“Auger” to Mr. Y on April 29, 2005.On the due 24. Mr. MO executed a real estate mortgage over his land
date, no dog was delivered. Which is not in favor of Mr. ME as security for a substantial loan
correct? he obtained from the latter. The mortgage agreement
provided for a “first refusal clause”, i.e., Mr. MO, is
Only 16
obligated to offer the property first to Mr. ME in 28. Which of the contracts below are rescissible?
case he decides to sell the property mortgaged.
Which of the following statements expresses a a. Those entered into by guardians
correct legal principle? whenever the wards whom they
represent suffer lesion by more than
a. As long as the mortgage exists, Mr. MO one third of the value of the object
has no right to sell his property to subject matter thereof.
anyone. b. Those entered into by guardians in the
b. Mr. MO may sell the property above when the lesion suffered is one
mortgaged with the consent of Mr. ME. fourth of the value of the property.
c. A violation of the “right of first refusal c. Those undertaken in fraud of creditors
clause” will make the contract entered even if the latter has other means to
into by Mr. MO with anyone, void abs collect the debt.
initio. d. Those where the contract is absolutely
d. A violation of the ‘right of first refusal simulated.
clause” will make the contract entered
into by Mr. ME rescissible 29. Which of the following reflects a correct legal
principle?
25. Which of the following contracts are void?
a. A, B, and C, are co-owners of a three-
a. An oral sale of a parcel of land. hectare orchard. If A decides to sell his
b. A sale of land by an agent in a public share to B, C has a right of redemption.
instrument where his authority from b. A and B are adjoining owners of a rural
the principal is oral. land. Each land has an area of half a
c. A donation of a wrist watch worth hectare. If B sells his land to D who
P4,500. does not own any rural land, C has a
d. A relatively simulated contract. right of redemption.
c. If the right to repurchase is not
26. Which of the following expresses a correct principle of exercised within the period agreed
law? upon, a judicial order is necessary to
consolidate ownership on the buyer.
a. Failure to disclose facts when there is a d. A contract of sale is not a mode of
duty to reveal them, does not acquiring ownership.
constitute fraud.
b. Violence or intimidation does not render 30. Mr. S sold his land to Mr. B with a right to repurchase
a contract annullable if employed not within ten years from the date of sale. Despite the
by a contracting party but by a third lapse of the period of redemption, no such redemption
person. was made.
c. A threat to enforce one’s claim through
competent authority, if the claim is a. Ownership of the land was consolidated
legal or just, does not vitiate consent. on Mr. by virtue of the failure to
d. Simulation of a contract always results redeem by Mr. S.
in a void contract. b. Ownership of the land will be
consolidated only upon the registration
27 .Mr. X orally offered to sell his two-hectare rice land to of the sale with the registry of deeds.
Mr. Y for P10 million. The offer was orally c. Ownership of the land will be
accepted. By agreement, the land was to be delivered consolidated only upon a judicial order.
(through execution of a notarized deed of sale) and d. Ownership will be consolidated only
the price was to be paid exactly one-month from with the consent of Mr. S.
their oral agreement.
31. Mr. S sold a banana plantation to Mr. B for P3 million
a. If Mr. X refuses to deliver the land on although its market value is P20 million. It was
the agreed date despite payment by agreed that Mr. S shall remain in possession as
Mr. Y, the latter may not successfully lessee of the land and shall be responsible for the
sue Mr. X because the contract is oral. real estate taxes.
b. If Mr. X refuses to deliver the land, Mr.
Y may successfully sue for fulfillment of a. The contract gives rise to an action for
the obligation even if he has not rescission.
tendered payment of the purchase b. The contract gives rise to an action for
price. annulment.
c. The contract between the parties is c. The contract is a sale.
rescissible. d. The contract is presumed to be an
d. The contract between the parties is equitable mortgage.
subject to ratification by the parties.
Only 17
32. A and B are capitalist partners, with C as an industrial 35.Andrea wrote Bernardo a letter offering to sell a piece
partner. A and B contributed P15, 000.00 each of land. Andrea gave Bernardo two months within
to the capital of the partnership. A contractual which to pay the price of P500,000. After 50
liability of P40, 000.00 was incurred by the days Andrea informed Bernardo that she is
partnership in favor of X. If the capital assets have increasing the price of the land to P700,
been exhausted to pay X, leaving a contractual 000. Can Bernardo compel Andrea to accept the
liability of P10, 000.00, X can recover the amount P500,000 first offered and execute the deed of sale?
from:
a. No, because Bernardo did not signify
a. A and B only his acceptance of the offer of P500,000
b. A, B and C b. Yes, because the period of 2 months
c. A, B and C and C can recover for has not yet expired.
reimbursement from A and B c. Yes, because Andrea is already
d. No reimbursement may be recovered estopped by her signed letter.
by C. d. Yes, because there was actual meeting
of minds of the parties.
33. A, B and C are partners engaged in a retail business.
Their contribution is P20, 000.00 each. D is 36. Antonio sold a piece of land to Renato binding himself
admitted as a new partner with a contribution of P8, not to sell the same to another person. On the
000.00. At the time of his admission, the partnership following day, Antonio sold the land to Carlos who
has an outstanding obligation to E in the amount immediately took possession in good faith. In the
of P80, 000.00. In this case: case at bar, the proper remedy of Renato is to:
a. D is not liable to E for this obligation a. Institute an action for the annulment of
and his P8,000 contribution shall the sale to Carlos.
remain with the partnership b. Institute an action for the recovery of
b. D is liable to E for this obligation so the land.
that after the assets of the partnership c. Institute an action for damages against
amounting to P68, 000.00 will be Antonio.
exhausted leaving a balance of P12, d. Institute an action for a declaration of
000.00, only A, B and C shall be liable nullity of the sale to Carlos.
jointly or pro rata, out of their separate
property. 37. Mr. Reyes has a tax liability of P100, 000. In order to
c. D is liable to E for this obligation so evade the payment of the tax liability, he executed a
that after the assets of the partnership deed of sale of his only parcel of land valued for
will be exhausted, leaving a balance of P100, 000.00 in favor of his brother, Pablo. The deed of
P12,000.00, all the partners shall be sale stated a purchase price of P20, 000.00
liable jointly or pro rata, including D, but the BIR has evidence that said price had never been
out of their separate property. paid.
d. D will be liable only if he knew of the
liability of P80,000 at the time he a. The BIR may not levy upon the land
joined the partnership. because the sale is valid.
b. The BIR, without having the sale
34. Mr. Ayco offered to sell his land to Mr. Cruz for annulled may levy upon the land of
P300,000. Mr. Cruz accepted the offer and paid Mr. (Mr.Reyes pursuant to the Tax Code.
Ayco the purchase price. Mr. Ayco delivered the c. The BIR should first have the sale
owner’s duplicate of the Transfer Certificate of title of annulled before it may levy upon the
the land. Mr. Cruz wants to register the land in land pursuant.
his name but the Register of Deeds asks Mr. d. The BIR should first have the sale
Cruz for the Deed of Sale. What can Mr. Cruz do? rescinded for lesion to the government.
a. He may occupy and use the land as a 38. Consent is manifested by the meeting of the offer
buyer in good faith. and the acceptance upon the thing and the
b. He cannot compel Mr. Ayco to return cause which are to constitute the contract. Which of the
the payment because the contract is following constitutes an offer?
unenforceable.
c. He may compel Mr. Ayco to execute the a. an definite offer made through an agent
Deed of Sale because the contract is b. business advertisement of things for
valid. sale
d. He may sue Mr. Ayco to return the c. advertisements for bidders
purchase price under the legal principle d. a declaration of an intent to sell.
that no one may enrich himself at the
expense of another 39. When goods are delivered to the buyer “on sale or
return”, for a period of seven (7) days,
ownership of the goods passes to the buyer,
Only 18
b. renders the contract of partnership

a. Upon delivery of the goods. unenforceable.
b. Upon expiration of seven (7) days. c. affects the liability of the partnership to
c. Upon acceptance by the buyer of the third persons and the partnership has
offer of the seller. no legal personality.
d. Upon perfection of the contract. d. does not affect the liability of the
partnership to third persons and the
40. Ben pledged his watch to V. Y. Domingo for P5,000. partnership still has a legal personality.
On the due date Ben failed to pay his loan and
redeem the watch. The pawnshop sold the watch at 44. X is not a partner of A, B, and C. Without the
public auction to the highest bidder at P4,000. consent or knowledge of C but with the implied
consent of A and B, X made T believe that he is a partner
a. The pawnshop can recover the of A, B, and C. Who shall be liable for the payment of a
deficiency of P1, 000 from Ben. debt of P500, 000 in favor of T who extended credit
b. The pawnshop cannot recover the P1, on the basis of the misrepresentation?
000 unless there is a stipulation.
c. The pawnshop can recover the P1, 000 a. X, A and B pro rata.
even without a stipulation. b. X, A and B solidarily.
d. The pawnshop cannot recover the P1, c. X, A, B and C pro rata.
000 even if there is a stipulation. d. X, A, B and C solidarily.
41. Mr. X executed a chattel mortgage over his house 45. Seller wrote Buyer offering to sell his only house for a
and lot to Mr. Y. When the obligation became specified price. The letter was mailed on the same
due, Mr. X did not pay despite demand. date it was written. Buyer offered to buy the
same house for the same price and the letter
a. Mr. Y has no right to foreclose the containing the offer to buy was also mailed on
mortgage because the house and lot the same date it was written. On the same date
are not chattels. and time Seller and Buyer received the letters
b. Mr. Y has no right to foreclose the written to each other.
mortgage unless Mr. X consents to the
foreclosure. a. There is a perfected contract.
c. Mr. Y has no right to foreclose the b. There is a perfected contract only when
mortgage because he can sue for they have orally confirmed their having
collection. received the letters written to each
d. Mr. Y may foreclose the mortgage other.
because Mr. X is estopped from c. There is no contract because the offers
claiming the invalidity of the chattel were not certain.
mortgage over the real property, but d. There is no contract because there was
foreclosure should be made under the no acceptance.
procedure of a real estate mortgage.
46. Jose went to visit Pablo, a friend one Sunday morning
42. Mr. D borrowed P500, 000 from Mr. C with Mr. G as where a card game was going on. Jose joined the
guarantor. When the debt fell due, Mr. D did not game and lost P50,000. He became indebted to
pay despite demand. the winner for P10, 000 more. Which among the following
statements is not correct?
a. Mr. C may collect from Mr. G because
he guaranteed payment of the debt. a. The winner cannot maintain an action
b. Mr. G may refuse to pay even if Mr. D to collect the P10,000.
is insolvent. b. Jose may recover P50,000 from the
c. Mr. G may ask Mr. C to exhaust all the winner with legal interest from the time
properties of the Mr. D first before he paid the amount lost.
collecting from Mr. G. c. Jose may recover P50,000 from the
d. Mr. G may refuse to pay even if Mr. D winner but without legal interest.
has absconded. d. If Jose refuses to recover from the
winner, the spouse of Jose may
43. Every contract of partnership having a capital of institute the action to recover.
three thousand pesos or more, in money or
property, shall appear in a public instrument, which must 47. For payment to extinguish the obligation:
be recorded in the Office of the Securities and
Exchange Commission. Failure to comply with this a. The thing or service in which the
requirement; obligation consists must be completely
delivered or rendered.
a. renders the contract of partnership b. Payment must not have been justifiably
void. refused by the creditor.
c. Payment must be in legal tender.
Only 19
d. All of the above. b. Third person pays Debtor’s debt

without intending to be reimbursed by
48. Which of the following is most likely incorrect? (c) Debtor. The payment will
extinguish the obligation if Debtor does
a. Mr. D promised to deliver to Mr. C 100 not consent to the payment.
bottles of Japanese red wine of a c. Debtor is obliged to give Creditor a
specified brand. Without the Rado watch. Since no Rado watch was
knowledge of Mr. D, production of the available on the due date, Debtor
wine had been stopped. Despite decided to deliver a watch of a different
earnest efforts, Mr. D could only deliver brand more valuable than the one that
ninety (90) bottles. Mr. O’s obligation is due. Creditor must accept the
is deemed fulfilled. watch.
b. In the immediately preceding letter (a), d. D owes C P20, 000. D pays B, brother
Mr. D could recover as though there of C. The payment is not valid even if
had been a delivery of 100 bottles. it redounded to the benefit of C.
c. Mr. D promised to deliver 100 sacks of
a certain type of rice. He delivered 51. Debtor owes Creditor P20, 000. On the due date of
only 90 sacks but the obligee did not the obligation, Debtor could not pay. Debtor
object to the incomplete delivery. The instead offered his TV set worth P20,000 in payment of
obligation may be deemed fully the obligation. Creditor agrees.
performed.
d. The creditor cannot be compelled to a. There is no payment because the debt
accept payment or performance by a may only be discharged by the delivery
third person who has no interest in the of legal tender.
fulfillment of the obligation or unless b. There is payment pursuant to a
there is a stipulation to the contrary. facultative obligation because of a
49. Debtor owes Creditor P500,000. The debt is secured substitution.
by a chattel mortgage on Debtor’s car. On the c. There is dation in payment or dacion en
due date of the obligation, Creditor is paid by Third pago.
Person who has no interest in the obligation either as d. There is payment by cession.
guarantor or surety. There is likewise no stipulation
as to Third Person’s right to pay. 52. Mr. D owes Mr. Y P10, 000. On the due date, Mr. X
offers a check in payment of the obligation.
a. If Third Person pays without the
knowledge or against the will of Debtor, a. The receipt of the check by Mr. Y
Third Person may recover P500, 000 extinguishes the obligation if the check
from Debtor even if the debt had been is a certified one because it is as good
condoned to the extent of ½. as cash.
b. If Third Person pays with the Debtor’s b. The receipt is not equivalent to
knowledge and consent, Third Person automatic payment if the check is not a
may recover P500, 000 from Debtor certified check.
even if the debt had been condoned to c. Mr. Y has no reason to refuse the check
the extent of ½. If Debtor fails to pay, if it’s fully funded as certified to by the
Third Person may foreclose the bank.
mortgage on Debtor’s car. d. Mr. Y cannot be compelled to accept
c. Same as letter “b” except that Third the check.
Person may not foreclose the mortgage
on Debtor’s car, unless Creditor 53. Where the debtor has various debts of the same kind
consents. in favor of the same creditor and on the due date
d. Same as letter “b” except that Third the debtor does not have sufficient funds to cover all the
Person may not foreclose the mortgage debts, the debtor may avail of
on Debtor’s car because the mortgage
was exclusively constituted in Creditor’s a. tender of payment and consignation.
favor. b. application of payment.
c. dation in payment.
50. Which among the situations below states a correct d. cession in payment.
principle of law?
54. When the characters of the creditor and debtor are
a. Third Person pays Debtor’s debt merged in one and the same person, there is
without intending to be reimbursed by extinguishment of the obligation by,
Debtor. The payment will not
extinguish the obligation even if a. confusion
accepted by Creditor if Debtor does not b. compensation
consent to the payment. c. novation
d. condonation or remission
Only 20
Debtor shall only be released to the

55. When there is a change in the object or principal extent of the net proceeds of the sale.
conditions, an obligation is extinguished by d. The cession or assignment shall
extinguish the obligation whether or not
a. confusion the creditors sell the properties
b. compensation assigned.
c. novation
d. condonation or remission 61. Mr. Debtor owes Mr. Creditor P100, 000. On the due
date, Mr. Debtor delivers a cashier’s check for the full
56. It is that currency which the debtor can compel the amount. Mr. Creditor refuses to accept the check.
creditor to accept in payment of all debts, public or
private. a. Debtor may make a consignation by
depositing the amount due with any
a. certified checks. bank and in the name of Mr. Creditor.
b. domestic money in any denomination. b. Mr. Debtor may make a consignation by
c. legal treasury notes. depositing the amount due at the
d. legal tender. disposal of judicial authorities before
whom the tender of payment shall be
57.The extinguishment of an obligation by the passage of proved in a proper case.
time is c. Mr. Debtor has no legal basis for
making a consignation.
a. fulfillment of a resolutory condition. d. The creditor may be considered in mora
b. prescription. accipiendi.
c. expiration.
d. annulment. 62. As a general rule, consignation must be preceded by
a valid tender of payment. Enumerated below however,
58. Mr. Debtor is domiciled in Quezon City while Mr. are situations which allows a consignation without
Creditor is domiciled in Manila. Payment is to be a prior tender of payment. Which is the exception?
made in
a. When for any cause, the creditor
a. Quezon City, domicile of Mr. Debtor. refuses to give a receipt.
b. Manila, domicile of Mr. Creditor. b. When the creditor is absent or
c. Makati City if so stipulated. unknown, or does not appear at the
d. The place designated by Mr. Debtor. place of payment.
c. When two or more persons claim the
59. Mr. Debtor owes Mr. Creditor as follows: P10, 000 same right to collect.
due February 5; P10, 000 due March 5 and P10, 000 due d. When the title to the obligation has
April 5, all during the current year. Mr. Debtor has been lost.
only P10, 000 and cannot pay all his obligations. If Mr.
Debtor decides to pay P10, 000, the amount 63. Which among the following fails to state a correct
shall apply: legal principle?
a. To the debt chosen by Mr. Creditor. a. The debtor in obligations to do shall be

b. To the debt chosen by Mr. Debtor. released when the prestation becomes
c. To the debt due on February 5 being legally or physically impossible without
the oldest debt. the fault of the obligor.
d. To the debt due on April 5 if it is an b. Whenever the thing is lost in the
interesting obligation. possession of the debtor, it shall be
60. Mr. Debtor owes fifteen (15) persons substantial presumed that the loss was due to his
amounts of money. His financial situation indicates fault, unless there is proof to the
that his liabilities for exceed his assets. If Mr. contrary.
Debtor cedes or assigns his properties to his c. An obligation which consists in the
creditors, delivery of a determinate thing shall be
extinguished in any event it should be
a. The creditors acquire ownership of the lost or destroyed without the fault of
properties assigned or ceded. the debtor.
b. The creditors shall sell the properties d. Condonation or remission is essentially
assigned and when sold, the debt of Mr. gratuitous, and requires the acceptance
Debtor is deemed paid regardless of by the obligor. It may be made
whether or not the net proceeds are expressly or impliedly.
equal to or less than the amount of the
indebtedness. 64. Mr. Debtor executed a promissory note in favor of Mr.
c. The creditors shall sell the properties Creditor in the amount of P100, 000. The debt is
assigned and when sold, the debt of Mr. secured by a pledge on a ring owned by Mr.
Only 21
Debtor. Which among the following is most likely the prestation is the delivery of the
correct? car and the juridical tie is law.
d. The passive subject is Mr. Oliveros;
a. If on the due date, Mr. Creditor the active subject is Mr. Santos;
delivers the note to Mr. Debtor the prestation is the delivery of the
without collecting the debt, there is car and the juridical tie is the
an implied condonation if the note contract.
is a private instrument.
b. If the debt is condoned by Mr. 69. When a party causes damage to another due to his
Creditor, the pledge is not negligent act and such damage is caused in the
condoned. course of the performance of a contractual obligation,
c. If Mr. Creditor returns the thing the latter is liable to the former on the basis of
pledged to Mr. Debtor, the pledge
and the loan are deemed a. culpa criminal
extinguished. b. culpa extra contractual
d. If on the due date, Mr. Creditor c. culpa contractual
delivers the note to Mr. Debtor d. culpa aquiliana
without collecting the debt, there is
an implied condonation if the note 70. No. 1 - the same act of negligence of the defendant
is a public document. that causes injury to another may give rise to a
liability based on culpa aquiliana and culpa criminal and
65. For compensation to be proper, the following must be the injured party may recover twice from the same act or
complied with. Which is the exception? omission of the defendant. No. 2 - When the defendant
causes damage to the plaintiff through the formers fault
a. Both debts consist in a sum of money or negligence, there being no contractual relationship
or of the same kind. between them, the basis of the defendant’s liability is a
b. Both debts are due. quasi-contract.
c. Both debts be liquidated and
demandable. a. Both statements are false.
d. Both parties are insolvent. b. Both statements are true.
c. Only No. 1 is true.
66. It is the substitution or change of an obligation by d. Only No. 2 is true.
another, which extinguishes or modifies the first
either changing its object or principal condition, or 71. They are lawful, unilateral and voluntary acts that are
substituting another in place of the debtor, or based on the principle that no one shall be enriched
subrogating a third in the right of the creditor. or benefited at the expense of another.
a. accion subrogatoria a. Quasi-delicts

b. novation b. Quasi-contracts
c. accion pauliano c. Culpa contractual
d. none of the above d. None of the above
67. Which among the following is not an essential 72. The quasi-contract of negotiorum gestio requires the
element of an obligation? following. Which is the exception?
a. Active and passive subjects. a. There must be an abandoned or

b. Form of the obligation neglected property or business.
c. Prestation b. Someone voluntary takes charge of
d. Juridical tie that abandoned business or property.
c. The owner must consent to the
68. Mr. Oliveros, by virtue of a written agreement agreed management of his business or
to deliver to Mr. Santos a car on a specified date property by someone.
provided the latter pays the former P1 million. d. The owner has the obligation to
reimburse the expenses of the person
a. The prestation is the car; Mr. who takes charge of his business or
Santos is the active subject; Mr. property.
Oliveros is the passive subject and
the juridical tie is the contract. 73. Pedro receives a package via Federal Express. When
b. The active subject is Mr. Oliveros; he opened the package he realized that the same was
the passive subject is Mr. Santos; delivered to him by mistake and that the real
the juridical tie is the law and the owner thereof is Pablo, his neighbor. The obligation of
prestation is the giving of the car. Pedro to give the package to Pablo arises from
c. The active subject is Mr. Santos;
the passive subject is Mr. Oliveros; a. law
b. contracts
Only 22
c. moral obligations a. to deliver when Mr. Roxas is ready to

d. solutio indebiti pay.
b. to deliver the car immediately because
74. Pedro offered to sell to Marita a purported diamond there is already a perfected contract.
ring which actually was a stone of inferior quality. c. to have the contract rescinded because
Believing it to be a genuine diamond ring, Marita no date is fixed for performance.
bought and paid for the ring. If later on, Marita d. to deliver the car immediately because
discovers the misrepresentation, Marita may: his obligation is pure.
a. sue for damages alone because of dolo 80. In order that fraud may make a contract void able:
causante.
b. sue for rescission. a. It may be incidental but both parties
c. for annulment because of dolo should not be in pari delicto.
incidente. b. It may be serious and the parties must
d. for annulment because of dolo be in pari delicio.
causante. c. It may be incidental but should have
been employed by both parties.
75. Pedro borrowed money from Jose, payable on d. It should be serious and should have
November 26, 2005. On the due date of the not have been employed by both
obligation, Pedro failed to pay. On December 30, 2005, contracting parties.
Pedro paid the debt.
81. Gody obtained a loan from Eusebio in the amount of
a. Pedro is in default. PhP10,000.00 payable on June 30, 2005 plus 10%
b. Pedro is not in default. interest. On January 2, 2005, Gody won PhP100,
c. Pedro is liable for interest. 000.00 in a bingo game and he offered to pay
d. Pedro is liable for damages. PhP10,000.00 to Eusebio. Eusebio refused to accept the
payment offered by Gody. Which of the following
76. A debt has a maturity date of November 1, 2004. statements is correct?
Payment was made on November 1, 2005 but
demand was made on June 1, 2005. If the debtor is a. Eusebio can be compelled to accept the
made liable for interest, the interest shall commence payment offered by Gody because the
to run on amount being offered is complete.
b. Eusebio can be compelled to accept the
a. November 1, 2004. payment being offered if the interest
b. June 1, 2005. will be reduced.
c. The date the obligation was incurred. c. Gody cannot compel Eusebio to accept
d. None of the above. the amount offered by him because the
period for payment has not yet arrived.
77. Pedro promised to give Jose an orchard planted with d. None of the above.
mango trees on November 30, 2005. Before November
30, 2005, what right does Jose have over the 82. Which of the following statements is correct?
orchard?
a. Negligence signifies the idea of delay in
a. Jose has no right. the fulfillment of an obligation.
b. Jose has a personal right. b. Delay or default means the failure to
c. Jose has a real right. perform the obligation on the date
d. Jose has both a personal and a real agreed upon by the parties.
right. c. Incidental fraud is one committed in the
performance of an obligation.
78. No. 1 - If a person obliged to do something fails to do d. Proper diligence of a good father of a
it, the only remedy of the obligee is to demand for family means extra-ordinary diligence.
the payment of damages.
No. 2 - If a person obliged to do something fails to 83. Which of the period in the following cases is intended
do it, he may be compelled by court action to for the benefit of the debtor?
fulfill his obligation.
a. Payable on December 31, 2006
a. Both are true. b. Payable before December 31, 2006
b. Only No. 1 is true. c. Payable on or before December 31,
c. Both are false. 2006
d. Only No. 2 is true. d. All of the above
79. Mr. Robles sold his only car to Mr. Roxas for 84. While Mr. P was walking along a busy street, he
P600,000. There was no agreed date for delivery and slumped and suffered from symptoms of a heart
payment. The obligation of Mr. Robles as seller is: attack, and lost consciousness. Mr. D, a heart specialist
Only 23
saw what happened and through his expertise saved

the life of Mr. P. If sued for Mr. D’s services. a. No, because Buyer did not accept the
original offer.
a. Mr. P must pay on the basis of an b. Yes, because two months have not yet
implied contractual relationship. elapsed.
b. Mr. P must pay under a quasi-contract. c. Yes, because Seller is estoppel by his
c. Mr. P has no obligation to pay because original letter.
he did not ask for Mr. D’s services. d. Yes, because there was a meeting of
d. Mr. P has no obligation to pay because the minds.
the services of Mr. D can be construed
as a voluntary act and hence, a 89. Santos owes Maria P5 million. The debt is secured by
donation. a mortgaged on the house of Santos.
85. S and B entered into a sale of a four-hectare land for No. 1 - If before the due date, the security is
P1 million. S prepared the Deed of Sale and with lost through no one’s fault, Maria can declare the
fraudulent intent and taking advantage of B'’ failing debt due and demandable even before the original
eyesight changed the area of the land to reflect an maturity date.
area less than what had been agreed upon. The No. 2 - If the house was burned up to 25% its
remedy of B upon discovery of the fraud is, value through the fault of Santos, the debt may be
declared due by Maria even before the original
a. Annulment maturity date but she cannot do so if the impairment
b. Reformation of the contract was without the fault of Santos.
c. Rescission
d. Answer not given a. Both are correct.
b. No. 1 is correct; No. 2 is wrong.
86. Which of the following statements is incorrect? c. No. 1 is wrong; No. 2 is correct.
d. Both are wrong.
a. The full payment of the price is
sufficient to make the buyer the owner 90. Alonzo offered to sell to Bernardo a parcel of land at
of the thing sold. a specified price. Alonzo gave Bernardo (60)
b. In a sale, the full payment of the price days within which to accept the offer. Bernardo
is a suspensive condition for the seller agreed to the period.
to deliver.
c. Delivery of the thing sold is necessary a. Before the lapse of sixty days, Alonzo
to transfer ownership. may withdraw the offer or increase the
d. Delivery in a real contract is required price.
not for transfer of ownership but for the b. Before the lapse of sixty days no
perfection of the contract. withdrawal can be made but the price
may be increased.
87. On June 5, 2000, Jose Dizon was supposed to deliver c. No withdrawal can be made before
to Ruben Samia a specified red car. There was sixty days because the period is
no delivery however, on said date. On June 15, binding.
2000, the garage of the car collapsed because of an d. No withdrawal can be made because
earthquake and the car was totally destroyed. Is Jose there is already a perfected option
Dizon liable? contract.
a. No, because he could plead 91. Jose is under obligation to deliver to Pedro, at the
impossibility of performance due to a option of Jose, a car, a pick-up truck, or a van, all of
fortuitous event even if he is in default. which are specific.
b. Yes, because Jose Dizon is in legal No. 1 - If the car and the pick-up truck were lost
delay. through Jose’s fault, he has no choice but to deliver
c. No, because there was no demand and the van; If the van was lost through a fortuitous
the car was lost through a fortuitous event before delivery, the obligation is extinguished
event. and Jose is not liable.
d. Yes, because there is a perfected No. 2 - If the pick-up truck and the car were lost
contract. through a fortuitous event, Jose has no choice
but to deliver the van; if before delivery, the van was lost
88. Seller wrote a letter to Buyer offering to sell a piece because of Jose’s fault, he is liable.
of land for P500,000. Seller gave Buyer two months
to decide and pay the purchase price. Before the a. Both Nos. are true.
lapse of two months, Seller wrote Buyer that the price is b. No. 1 is false; No. 2 is true.
now P700,000. Buyer insisted on an acceptance for c. Both Nos. are false.
P500,000. He wants to compel Seller to execute a d. No. 2 is true; No. 1 is false.
deed of sale for the original offer of P500,000. May the
Seller be compelled to honor the P500,000 offer? 92. In case of losses, the industrial partner shall,
Only 24
c. Mr. P may initiate a criminal action only

a. Share in the losses in any event. against the driver of the bus.
b. Shall share in the losses only if there is d. Mr. P may initiate a civil action for damages
a stipulation. on a quasi-delict theory against the driver
c. Shall not share in the losses even if he of the bus.
contributes capital.
d. Shall not share in the losses except if 97. Which of the following is correct?
he contributes capital also.
a. The debtor always loses the right to make
93. Every contract of partnership having a capital of use of the period whenever he becomes
three thousand pesos or more, in money or property, insolvent.
shall appear in a public instrument, which must be b. The right to rescind a contract in a
recorded in the Office of the Securities and Exchange reciprocal obligation must always be
commission. Failure to comply with this stipulated,
requirement; c. In a contract to sell, the seller retains
ownership of the thing sold until the
a. Renders the contract of partnership condition of full payment is fulfilled.
void. d. In a contract of sale, delivery does not
b. Renders the contract of partnership always transfer ownership.
unenforceable.
c. Affects the liability of the partnership to 98. Which of the following is correct?
third persons and the partnership has
no legal personality. a. A rescissible contract arises whenever the
d. Does not affect the liability of the debtor defrauds the debtor.
partnership to third persons and the b. Fraud is always a ground for annulment of a
partnership still has a legal personality. contract.
c. In a pledge, the thing pledged may be in
94. A and B are partners in A & B Partnership. A owns the custody of a third person.
two parcels of land which he contributed to the d. Services may be the object of a contract of
partnership. B owns six trucks which he contributed to sale.
the partnership. The profits of the land and the
trucks were also included as contributions. The 99. Which of the following is correct?
properties contributed are all what A and B own. The
partnership is: a. The disposition by the debtor of his assets
to the prejudice of the creditor is void.
a. Universal b. A relatively simulated contract is void.
b. Universal partnership of all present c. An unenforceable contract is void.
property d. A voidable contract produces legal effects.
c. Universal partnership of all profits
d. Particular partnership 100. Mr. P, a passenger in Allied Bus Lines, a common
carrier was seriously injured when the bus fell into
95. X, Y, and Z are partners in XYZ Partnership, Ltd. Y as an embankment because of the negligence of the
limited partner. After five years of operations, the bus driver. Which of the following statements is more
partnership incurred debts in favor of third persons likely in accordance with accepted legal principles?
totaling P5 million. The total partnership assets is P3
million. Who among the partners shall be liable with
their separate property in favor of creditors? a. Mr. P may initiate a criminal action against
Allied Bus Lines.
a. X and Z for P1.5 million each because b. Mr. P may initiate a civil action against
they are general partners Allied Bus Lines based on a breach of
b. X, Y and Z for P1 million each contract theory only.
c. X, Y, and Z depending upon their c. Mr. P may initiate a criminal action only
capital contribution. against the driver of the bus.
d. Mr. P may initiate civil action for damages
96. Mr. P, a passenger in Allied Bus Lines, a common on a quasi-delict theory against the
carrier was seriously injured when the bus fell into driver of the bus.
an embankment because of the negligence of the e.
bus driver. Which of the following statements is more 101. What is the legal concept of possession?
likely in accordance with accepted legal principles?
a. The holding of a thing or the enjoyment of a
a. Mr. P may initiate a criminal action against right
Allied Bus Lines. b. It is material occupation or by the fact that
b. Mr. P may initiate a civil action against the right or property is subjected to the will
Allied Bus Lines based on a breach of of the claimant
contract theory only.
Only 25
c. The gathering of the products and the act of serves to protect the guarantor from
planting on the land unscrupulous debtors
d. All of the above c. Yes, the benefit of excussion may be waived
provided the person owning such benefit,
102. Can it be argued that the Martial Law has the has sufficient properties to cover the debt
effect of tolling the prescriptive period for the d. No, it may not be waived by reason of
annulment of avoidable contract? public policy and commercial convenience
a. Yes, it has the effect of a force majeure, as 106. May a mortgagor’s liability on labor claims be
such it suspends the running of the transferred to the mortgagee-creditor?
prescriptive period a. Yes, after the mortgagee-creditor had
b. No, it cannot be argued that Martial Law has foreclosed the assets of the mortgagor-
the effect of a force majeure which in turn debtor, the labor liability claims are deemed
works to suspend the running of the transferred to the latter.
prescriptive period b. No, the responsibility for the liabilities by
c. Yes, as long as the calling of the same was the mortgagor towards his employees
valid and constitutional cannot be transferred via an auction sale to
d. None of the above a purchaser who is also the mortgagee-
creditor of the foreclosed assets.
103. Which is not an element of Novation? c. No, the mortgage constitutes a lien on the
determinative properties of the employer-
a. The new obligation is laid down in debtor, because it is specially preferred
unequivocal terms credit to which worker’s monetary claims is
b. The new and the old obligations must be on deemed subordinate
every point incompatible with the other d. “B’ and “C” only
c. Each of the obligations must have its e. none of the above
independent existence
d. If they are compatible, the new obligation 107. Which of the following is not a form of an
novates the first equitable mortgage?
104. Nik sold to Paul a real property payable in monthly a. The consideration has been proven to be
installments within a 5 year period, Paul was only able unusually inadequate
to pay 14 monthly installments, after the 60 day b. The supposed vendor has remained in the
grace period and after 30 days of Paul’s receipt of the possession of the property even after the
notice and letter calling for the rescission of the execution of the instrument
contract Nik rescinded the same. Paul contended c. The alleged seller has continued to pay the
that there was an automatic rescission done by Nik, estate taxes on the property
hence, the same was void. Give the best answer. d. The alleged seller has planted crops and
other agricultural products on the property
a. The rescission done by Nik was in faithful under an agricultural leasing contract
compliance with the Maceda Law, as the between them
grace period and the sending of notices was
complied before rescission 108. Article 1157 at the Civil Code enumerates the
b. The rescission done by Nik was void as it different sources of obligation. This enumeration is
fell short on compliance with the law, as the exclusive.
notices sent by the latter would not suffice
the requirement of a notarial act. a. True
c. Paul has a right to demand payment for b. False
damages caused by the automatic c. None of the above
rescission done by Nik, the same being void
under RA6552 109. A court is empowered to ignore an unreasonable
d. Answer not given contract for attorney’s compensation although it is
not shown to be contrary to morality or public
105. Under a contract of guaranty, may the benefit of policy.
excussion be waived?
a. True
a. Yes, a person may waive the benefit of b. False
excussion especially when the contract c. None of the above
states that his liability shall be direct and
immediate without any need to take steps 110. A part can recover damages incurred during the
to exhaust legal remedy period of negotiation, even if the contract is not
b. No, the benefit of excussion cannot be finally perfected as long as there was a definite offer
waived; it is expressly provided that the made by the other party who, without any valid
creditor must first exhaust all the properties reason, withdrew from the negotiations.
of the debtor. The benefit of excussion
Only 26
a. True c. None of the above

b. False
c. None of the above 119. In an obligation to do or to render service, the
oblique may impose personal force or coercion to
111. A contract is binding between the parties compel the obligor to comply with his obligation.
notwithstanding the absence of a law that governs it,
as long as it is not contrary to morals, good customs, a. True
public policy, or public order. b. False
c. None of the above
a. True
b. False 120. There is debtors fault in real obligation when a
c. None of the above creditor demands the delivery of a thing not yet due.
112. An obligation to pay can arise from certain a. True

lawful, voluntary and unilateral act which did not b. False
benefit anyone or which did not cause damages to c. None of the above
another person.
121. A person who in the performance of his
a. True obligation is guilty of fraud, negligence or delay is
b. False liable for damages.
a. True
113. The guardian of an imbecile shall be civilly liable b. False
as principal for the crime committed by the imbecile c. None of the above
alone.
122. A waiver made in advance not to file an action
a. True for damages based on future fraud in the
b. False performance of an existing obligation is void.
a. True
114. The service of the subsidiary imprisonment of an b. False
insolvent offender shall extinguish his civil liability. c. None of the above
a. True 123. The diligence of a good father of the family is

b. False the fixed degree or standard of care required in
c. None of the above circumstances.
115. The rule that once a criminal action is filed the a. True
civil action is suspended is absolute. b. False
a. True
b. False 124. The theft of a thing is considered force majeure
c. None of the above which results in the extinguishment of an
obligation to deliver the stolen thing.
116. When “A” promises to deliver to “B” one of his
present antique ears, he is confined to deliver a. True
only any of the antique cars that presently belong to him. b. False
a. True
b. False 125. The rule that no person is responsible for a
c. None of the above fortuitous event applies even in an obligation to
deliver a horse.
117. When “A” promises to deliver to “B” any car, he
has the obligation to preserve his car with due car. a. True
b. False
b. False
c. None of the above 126. An obligation in a contract which arises upon the
death of one of the parties is classified as
118. The lose of a determinate thing extinguishes the conditional obligation.
obligation to deliver by the obligor who is guilty of
fault or delay. a. True
b. False
b. False
Only 27
127. An obligation where the period of payment is 135. A subject matter if an obligation may be
subject to the will of the debtor or obligor is void. physically divisible but maybe deemed indivisible by law
or by the intention of the parties.
a. True
b. False a. True
c. None of the above b. False
128. The court can fix the period when the obligation
is subject to the sole will of the debtor. ALBANO MCQs
a. True 1. When do laws take effect?

b. False
c. None of the above a. Upon approval by the President;
b. After 15 days following the publication in
129. An obligation subject to a resolutory condition is the Official Gazette or in a newspaper of
immediately demandable but is extinguished upon the general circulation;
happening of the condition. c. After 15 days following its posting in the
website of Congress considering the
a. True advances in science and technology;
b. False d. After 15 days following the completion of
c. None of the above their publication in the Official Gazette or in
a newspaper of general circulation and
130. If an injured party in a contract has demanded furnishing the UP Law Center with a copy
rescission, he later may ask for performance. unless it is otherwise provided.
However, of he seeks performance, he can no longer (Art. 2, NCC; Tañada v. Tuvera)
seek for rescission of the contract.
2. In 1986, A, a married woman file a petition for
a. True adoption of C which was granted. In 2011, A
b. False filed a petition to rescind or nullify the decree
c. None of the above invoking Article 185 of the Family Code requiring
that the husband and wife must jointly adopt
131. The court may fix the period of payment when and the retroactive provision of the Family Code
the duration depends upon the will of the debtor under Article 256. How do you think the court
like in: “When my means permit me to do so”, or “as will decide?
soon as possible”, or “as soon as I have money”
a. It will grant the petition because the law is
a. True mandatory with the use of the word “must”;
b. False b. It will grant the petition because of the
c. None of the above retroactivity of the law;
c. It will deny the petition because the
132. A debtor shall lose every right to make use of retroactivity of the law will impair vested
the period when he attempts to abscond. rights. (Rep v. Toledano)
d. It will deny the petition because of the
a. True doctrine of immutability of judgment.
b. False
c. None of the above 3. The President of a foreign country came to visit
the Philippines in cognito. While enjoying the
133. In facultative obligations, only one thing is due beautiful beach in Pagudpud, Ilocos Norte, he as
but the debtor has reserved the right to substitute caught in flagrante delicto raping a young girl. If
it with another. Consequently, the loss of the you were a police officer, what would you do?
substitute extinguishes the obligation.
a. I would arrest him because he is committing
a. True a crime;
b. False b. I would arrest him because penal laws are
c. None of the above binding upon all those who live or sojourn
on Philippine territory;
134. When two or more persons are liable under a c. I will not arrest him after identifying himself
contract or under a judgment to presumption is because of his immunity which is an
that their obligations is solidary and each debtor is accepted principle of international law. (Art.
liable for the entire obligations. 14, NCC)
d. I will arrest him because nobody is above
a. True the law.
b. False
c. None of the above 4. A & B both Filipinos are married. While having
vacation in Hawaii, A executed a will in
Only 28
accordance with USA law, where there is only

one (1) witness. Is the will valid? a. No, because the fetus was not yet born;
b. Yes, because the fetus became a dependent
a. The will is void because it is not in upon A from the moment of conception;
accordance with Philippine law. c. No, because the fetus has yet to be born
b. The will is valid because of the doctrine of inorder to die;
lex loci celebrations. d. No, because the fetus has no personality
c. The will cannot be admitted to probate yet.
because the same has yet to be probated (Arts. 40, 41, 42; Intercontinental Steel
abroad. Mfg. Corp. v. Voluntary Arbitrator )
d. The will is void because laws are binding
upon Filipino citizens even though living 9. A & B are Filipinos. They migrated to the USA
abroad. where A embraced American citizenship. A
obtained a divorce decree in the USA. Can B get
5. A was charged with the crime of murder. He was married again?
convicted. While in prison, he executed a
donation in favor of B which was accepted by B a. No, because the marriage was not originally
in the same deed of donation. Is the donation a mixed marriage.
valid? b. Yes, because if there is a mixed marriage,
even if mixed after its celebration and a
a. Yes, because it was perfected by the divorce decree is obtained by the foreigner,
acceptance of B; in accordance with his/her national law,
b. Yes, if the donation is mortis causa; capacitating him/her to remarry under his
c. No, if the donation is inter vivos; national law, the Filipino can remarry.
d. Yes, regardless of its nature. c. Yes, because A can get married again under
(Arts. 37, 38, 39, NCC) his national law.
d. Yes, because otherwise, it would be an
6. A and B entered into an exclusive dealership injustice to B.
agreement over the product of A in the province
of Tarlac. XYZ Corp. ordered such product from 10. A, an American citizen married B, a Filipina in
A, hence, he delivered the same at its office in the Philippines. A obtained a decree of divorce
Tarlac. B learned about the transaction hence, against B capacitating him to remarry under
he sued A for damages. Is A liable? USA law. Can B remarry?
a. A can be liable for breach of contract. a. B can get married right away after the
b. A can be liable for abuse of right. decree has become final and executory.
c. A cannot be liable because he was b. B cannot get married because from the
exercising a right. point of view of Philippine Law, he is still
d. A is not liable, but instead, XYZ Corp. is married.
liable for interference in contractual c. B can get married provided that she goes to
relationship. court and proves the decree of divorce as a
fact according to the rules of evidence.
FAMILY LAW d. B can get married because the divorce
decree being valid in the USA is valid in the
7. A & B are married with a son C. What happens Philippines to be fair to B.
to the relationship by affinity between B and X
and Y, the parents of A after A’s death? 11. Cris and James got married with Pastor Carlito,
a pastor of the Seventh Day Adventists as the
a. It is severed because of the death of A; solemnizing officer. Cris and James do not
b. It remains because of the existence of C; belong to the sect where the pastor belongs. Is
c. It remains even with the death of A their marriage valid?
irrespective of whether they have an
offspring or not; a. Their marriage is void because one or both
d. The death of A has no effect at all since B of the parties should belong to the sect
and X and Y are not related at all. where the solemnizing officer belongs;
(Intestate Estate of Manolita Gonzales Vda. b. Their marriage is valid because the infirmity
de Carungcong, et al. v. People, et. al., G.R. is only on a formal requisite of marriage.
No. 181409, February 11, 2010) c. Their marriage is valid because it is
immaterial whether they belong to the sect
8. One of the terms and conditions of employment where the pastor belongs.
is that, if a dependent of an employee dies, the d. Their marriage is valid because the pastor is
employee shall be entitled to bereavement authorized to solemnize marriage of
benefits. A, an employee was pregnant but the anyone.
fetus died. Is she entitled to bereavement
benefits?
Only 29
12. A and B both Filipinos are married, but at the a. B can revoke it;
time of the marriage, B was 16 years old. The b. The will is revoked by implication of law;
marriage was celebrated in Hongkong and valid c. The will remains valid and A can inherit if
there as such. A wants to get married again and the will is admitted to probate;
came to you for advice. Give your advice to A. d. The heirs can file an action to revoke the
a. I would advice him to get married again, will.
anyway, their marriage is void, hence, there
is no need to have the marriage declared 16. A and B were engaged to marry on April 3,
void; 2012. They entered into a marriage settlement
b. I would advice him to file an action for that they would be bound by the rule on co-
declaration of nullity of their marriage ownership. Is the ante-nuptial agreement valid?
before getting married;
c. I would advice him to seek for a certification a. No, because they should be governed by
from the Hongkong authorities that their the absolute community because it is void;
marriage is void; b. Yes, they can agree on any other property
d. I would advice him to go to Hongkong and regime;
seek for declaration of nullity before a c. No, because they can only agree on the
competent court and present it to the conjugal partnership of gains;
solemnizing officer. d. No, because they should agree on the
complete separation of property regime.
13. A, a Russian citizen married B, a Filipina. A
divorced B who came back to the Philippines and 17. Within what period should an action for legal
filed a petition for recognition of the foreign separation on the ground of fraud be filed?
decree of divorce. It was recognized but the RTC
of Manila found that A is not capacitated to a. 5 years
remarry. Can B get married? b. 10 years
c. 4 years
a. Yes, because the decree of divorce severed d. imprescriptible
her marital relationship with A;
b. No, because despite the divorce, A’s 18. A and B are married. B, the woman was
national law does not give him the capacity pronounced the guilty spouse in an action for
to remarry; legal separation on the ground of attempt by
c. Yes, to be fair to B; one spouse against the life of the other. In favor
d. Yes, because Philippine law cannot govern of whom will the court award C’s custody, a 5-
the capacity of a foreigner to remarry. year old child?
(Art. 26(2); Corpuz v. Sto. Tomas)
a. A because he is the innocent spouse;
14. A and B married. They acquired properties b. A because it is impossible to have a moral
during the marriage worth P10M. Ten (10) years development of the child;
thereafter B filed an action for legal separation c. B because there is no man who can respond
against A where he was pronounced the guilty to the sorrows of a woman seeing a child of
spouse. The court divided the properties valued tender age being torn away from her;
at P20M at the time of the legal separation, d. A and B because of joint parental authority.
equally into two (2). Is the order of the court
correct? 19. A filed an action for legal separation against B.
After the decree of legal separation was granted,
a. No, because A is not entitled to the fruits of A died. What will the court do after notice of
their conjugal partnership; death of A?
b. Yes, because A’s disqualification is from a
share of the fruits of the conjugal a. Dismiss the action for legal separation
partnership; because it has become moot and academic;
c. No, because A should be penalized for his b. Continue with the liquidation of the
misdeeds and the disqualification to have a properties of the spouses;
share of the conjugal properties is the c. Archive the case;
penalty; d. Issue an order directing the substitution of
d. No, because the share should even be party.
forfeited in favor of his family to maintain (Sy v. Eufemio)
unity.
20. What does physical incapacity to consummate
15. A and B are married. B executed a will marriage mean?
instituting A as an heir but A was pronounced
the guilty spouse in an action for legal a. Refusal to have sex with the spouse;
separation. What happens to the will after the b. Lack of power to copulate which is
decree of legal separation? permanent in nature; (Impotence which
appears to be incurable.)
Only 30
c. The sexual organ is so small; (Art. 172, FC; De Jesus v. The Estate of Juan
d. Sterility. Dizon)
(Alcazar v. Alcazar, October 13, 2009)
26. Who among those enumerated is not a
21. May a spouse donate to the other spouse during beneficiary of a family home?
marriage?
a. Spouses;
a. Yes, because that is a right that one has, b. Parents of the spouses;
that is to dispose of his own property; c. Children, legitimate or illegitimate;
b. Yes, provided that it is a donation mortis d. Overseer.
causa;
c. No, because it is contrary to public policy 27. A and B are married with a son C who is 19
and law as one might exert undue influence years old and living in their company. A asked C
against the other; to drive the family car on their way to their
d. Yes, provided that it is freely done and province in Ilocos Norte. The car met an
agreed upon/ accident resulting in the death of D, a
(Art. 87; Agapay v. Palang) pedestrian. Who may be liable for damages?
22. What is the status of a child born out of artificial a. C is solely liable because he has already
insemination? been emancipated hence, liable for all acts
of civil life;
a. Illegitimate because the husband is not the b. A and B because under the law, if a child is
father of the child; 18 and above but below the age of 21 and
b. Legitimate provided that it was done with living in the company of the parents and
the consent or ratification of the spouses; performs acts or omission causing damage
c. Legitimate provided there is consent, to another, the parents are liable;
ratification by the husband and the birth is c. A, B and C are solidarily liable;
registered with the civil registry; d. A only because he is the head of the family.
d. Legitimate if adopted by the spouses. (RA 6809)
(Art. 64, FC)
28. A and B are married. They are governed by the
23. If an illegitimate child is recognized by the conjugal partnership of gains. A, the Executive
father, what is the extent of is hereditary right? Vice-President of ABC Corp. signed as a surety
in a loan secured by the company from
a. Equal with the legitimate; Metrobank for the rehabilitation of the company.
b. ½ of the share of the legitimate; As business was good after rehabilitation, A was
c. No right at all unless there is a court order given a house and lot, a brand new caw and
confirming his recognition; raise in his salary. The company was sued due
d. No right because he is the product of sin. to its failure to pay the loan. Are the properties
(Art. 176, FC) of A and B liable?
24. A was born on January 1, 2000 as an illegitimate a. Yes, because the liability of the surety is
child of B. If he wants to ask for recognition, primary and principal;
within what time should he file the action? b. Yes, because the obligation contracted by A
was done during the marriage;
a. At anytime during his lifetime; c. No, because a surety undertaking did not at
c. Imprescriptible; all redound to the benefit of the family;
b. At anytime during the lifetime of B; d. Yes, because the obligation contracted by A
d. Before reaching the age of majority. redounded to the benefit of the family.
(Art. 175, FC) (Arts. 94; 121; Ayala Investments & Dev. Corp,
349 Phil. 942)
25. A is the illegitimate son of B whom he
recognized in his record of birth. After B’s death, 29. A and B are married. They have two (2)
a settlement of his estate was commenced by legitimate children. After A died, the heirs
his legitimate heirs. Can A intervene inorder to acquired properties from A’s estate. B got
have share of B’s estate? married to C, without liquidating their conjugal
partnership. What property relationship governs
a. No, because he is the product of sin; them?
b. Yes, provided that he files an action for
recognition first; a. Absolute community of property regime if
c. Yes, by presenting the record of birth which there is no marriage settlement;
is an evidence of recognition without need b. Conjugal partnership if there is an
of filing an action of recognition; agreement;
d. No, otherwise, it would unduly prejudice the c. Absolute immunity of property regime if
rights of the legitimates. there is an agreement;
Only 31
d. Mandatory complete separation of property situation of the children will be assured. If you
regime. were the judge, how would you decide the
(Arts. 103 and 130, FC) petition?
30. A and B are married, but separated in fact. a. I would grant the petition as it would be to
While in the practice of her profession, B the best interest of the children;
acquired properties. They are governed by the b. I would deny the petition because it is
conjugal partnership of gains. Who is/are the against the spirit of the law to consider
owner/s of the properties? financial constraint as the primary
consideration in adoption;
a. B alone because of their separation; c. I would grant the petition for as long as the
b. The conjugal partnership; parents give their consent;
c. B alone because they were governed by the d. I would grant the petition for as long as
complete separation of property regime there is a favorable recommendation of the
when they separated in fact. DSWD social worker.
d. B alone as A did not contribute anything in (Landingin v. Republic, June 27, 2006)
the acquisition of the properties.
(Art. 100, FC; Wong v. CA) 35. A has been using the name Pedro since birth
although his record of birth shows that his name
31. A and B lived together as husband and wife. A is Juan. He is now 25 years old and about to
brought B to the hospital, and paid for the take the Bar Exams. How can he use the name
expenses in the birth of C. When the nurse Juan when he will take the Bar Exams?
asked B who was the father of the child, she
mentioned the name of A but did not sign the a. He has to file a petition for change of name;
record of birth of C. Can the record of birth be b. He can go to the Local Civil Registrar and
admissible in evidence as proof of filiation? file an administrative petition for change of
name;
a. Yes, because of the acts of A, thus, he is c. He can just use it with an affidavit that
estopped; Pedro and Juan refer to one and the same
b. No, because otherwise it would be easy for person;
a woman to vest legitimate status upon a d. He cannot change his name because of
child even if the latter is illegitimate; lapse of time.
c. Yes, to protect the status of the child;
d. Yes, to be fair to the child. 36. A, a 17-year old girl had a relationship with B,
(Roces v. Local Civil Registrar) 25 years old. A child C, was born when A was
only 17. When A reached 21 years, they got
32. A and B lived together as husband and wife, married. Can the child be legitimated?
resulting in the birth of C. A recognized his son,
C in the record of birth. What is the surname of a. With their marriage, the child C became
C? legitimated. (RA 9585)
b. C cannot be legitimated because there was
a. C must carry the surname of A; a legal impediment to marry at the time A
b. C may carry the surname of A; conceived and gave birth to her/him.
c. C can carry the surname of A; c. C can acquire the status of legitimacy only
d. C shall carry the surname of A. by adoption of A and B.
(RA 9255; Rep v. Capote, February 27, 2007; In d. C cannot be legitimated because he is not a
Re: Wang v. Cebu City Civil Registrar, natural child.
March 30, 2005)
37. X and Y are married. They were leasing a parcel
33. A and B both Filipinos are married. A was of land in 2007; they constructed a house on the
convicted of the crime of murder. They sought leased lot valued at P1M and resided thereon.
your advice whether they can adopt C, a relative While in business, they incurred liability from Z
by consanguinity of B. What is your advice? who sued them for failure to pay. Judgment was
rendered and it became final and executory. Can
a. They can adopt C, but must jointly adopt; the house be levied upon?
b. They cannot adopt C because A is
disqualified because of conviction of a crime a. The house can be levied upon to answer for
invoking moral turpitude; the obligation because it is not a family
c. Since A cannot adopt, B can adopt C alone; home.
d. They can jointly adopt C, but prove that it b. The house is exempt from execution
will redound to the best interest of C. because it is a family home.
c. The house can be levied upon and sold, but
34. A and B have ten (10) children but wallowing in the first P200,000.00 or P300,000.00 shall
poverty. C, a relative of A wants to adopt two be given to X and Y.
(2) of their children so that the economic
Only 32
d. The house can be sold after levy because X c. B is not entitled to a share of the properties
and Y did not file a motion to quash the levy because she never contributed to the
contending that the house is a family home, common fund.
hence, waived the right to invoke the d. For B to be entitled to a share of the
exemption from levy. properties, she has to prove her material
contributions.
38. A and B are married. B filed an action for legal
separation on the ground of sexual infidelity of A 41. A & B are married. They have a child C, who is
which was granted. Can A inherit from B? in grade 3 at the West Central Elementary
School, Dingras, Ilocos Norte. While inside the
a. Absolutely, No; classroom, C, stabbed D with his pencil resulting
b. Yes, under the law of intestate succession; in injuries. Is the teacher liable?
c. Yes, under the law of testate succession;
d. No, because his act constitutes an a. The teacher is not liable because the school
ingratitude. is not a school of arts and trades.
b. The teacher is liable regardless of the
39. A and B are married. They have a daughter C nature of the school but can prove the
who has a 5-year old child. C went to Hongkong diligence of a good father of a family.
to work for 2 years and left the child to the c. The school, administrators and the teacher
custody of X and Y who are not related to them. are solidarily liable for their negligence.
When A and B learned about the departure of d. The parents are solidarily liable because of
their daughter, they demanded the surrender of their failure to observe due diligence in the
the custody of their granddaughter, D to them, custody of their child, since the parents
but X and Y refused, hence A and B sued X & Y should be the first teachers of their children.
for habeas corpus. When the order was served
upon them, they produced the body of the child. 42. X & Y are married. They have a daughter who is
The court dismissed the petition immediately. Is 5 years old. They are living separately in fact. Y
the dismissal correct? left the custody of her child to Z, her sister and
went to live with S, a married man. S & Y
a. The order of the court is correct because wanted to get back the custody of Z. Will the
the petition for habeas corpus has become action prosper?
moot and academic.
b. The order of the court is not correct a. Yes. They can because parental authority is
because it should have heard the case to inalienable.
determine if the best interest of the child b. Yes. They can because a child below the age
would be served if custody remains with X of 7 cannot be separated from the mother.
& Y or will he transferred to A & B. c. No. They cannot because it would be
c. The order of the court is correct because in impossible to have a moral development of
the order of preference, the grandparents Z under an immoral environment.
are given preference by law. d. Yes. They can because in the line of
d. The order of the court is correct because preference of custody, Y has the right to
the mother has the right to choose the have custody over her child.
persons who will have custody of her child, (Cervantes v. Fajardo)
looking into the best interest of the child.
(Bagtas v. Santos) 43. A & B, without the benefit of marriage lived
together as husband and wife. They begot C. A,
40. A & B, without the benefit of marriage lived the father adopted C to elevate him to the
together as husband and wife. They had no legal status of legitimacy. What is the middle name of
impediment to marry one another. A was the child?
engaged in business. B was at home taking care
of their children and the household chores and a. C has no middle name because there is no
helping A once in a while in the business but law on middle name.
without any compensation. If the relationship b. C carries the surname of his biological
ends, is B entitled to a share? mother because of customs and traditions
of Filipinos.
a. A & B are governed by the law on co- c. C carries the surname of his biological
ownership that they are entitled to a share mother inorder not to make it difficult for
of 50-50 over the properties acquired him to prove relationship to her when the
during their coverture. issue of succession will arise.
b. They are governed by a special form of co- d. C carries the middle name of his adopting
ownership that even if she did not father.
contribute materially to the acquisition of
the properties, she is entitled to ½ because 44. Jennifer was born an intersex and registered as
of the presumption of equal contribution. a female. As she was growing up, there was no
development of her female sexual organ and her
Only 33
breast. But there was more development of her c. C acquired ownership over the family home
male organ, hence, she filed a petition for because of the death of A, the testator.
correction of entries in her record of birth from d. A’s act is correct and the will will transmit
female to male and to change her name from absolute ownership to C after it shall have
Jennifer to Johnny. Will the petition prosper? been probated.
(Arriola v. Arriola)
a. The petition cannot be granted because
corrections sought are material entries. 48. A, a man & B, a woman, lived together as
b. The petition can only be granted through an husband and wife without the benefit of
adversarial proceeding. marriage, resulting in the birth of C. A signed
c. The petition can be granted because if a the record of birth of C. Who has a better right
person was born an intersex, he/she can of custody over C?
choose his/her sex when he/she reaches
the age of majority because what he/she a. B has a better right of custody, C being an
thinks and feels is what he/she is when illegitimate child.
she/he reaches the age of majority. b. A has a right to have custody because he
d. The petition to change her name cannot be recognized the child.
granted because to change one’s name is a c. A has no right to have custody but he has to
matter of privilege. support C.
(Rep v. Kagandahan; Rep v. Silverio) d. A & B can have joint custody over C
considering that A recognized the child.
45. Which is not a proof of filiation? (David v. CA)
a. Record of birth duly signed by the father. 49. A & B are married. They have children, C & D.
b. Unprobated will which contains recognition After A died, B gave birth to E. the children
of a child. suspected that E is not the child of their father.
c. Baptismal certificate. Who can impugn the legitimacy of E?
d. Revoked will containing recognition of a
child. a. C & D can impugn the legitimacy of E.
b. Only A can impugn the legitimacy of E.
46. A and B got married without the benefit of a c. X & Y, the parents of A can impugn the
license. During the marriage, A left B and got legitimacy of E.
married to C, hence, B sued A for bigamy. In the d. C & D cannot impugn the legitimacy of E
meantime A sued B for declaration of nullity of because it prescribed after A’s death.
their marriage and moved for the suspension of
the criminal case. Will the action prosper? 50. A & B are married. They have properties and
they are governed by the conjugal partnership
a. A’s motion cannot be granted because the of gains. They negotiated for the sale of one (1)
marriage is presumed to be valid until of their properties to C, but when the signing of
nullified. the contract came, B did not consent to the sale.
b. The motion cannot be granted as it is not a During the negotiation, they delivered the
prejudicial question. property to C. Is the sale valid?
c. The motion cannot be granted because A
should have filed an action to declare the a. The sale is valid because a contract is valid
marriage void before getting married to C. in whatever form it may be entered into.
d. The motion will be denied because A cannot b. The sale is void because it was done by A
benefit out of his own wrongdoing. without the consent of B.
(Mercado v. Tan) c. The sale is valid because the consent in the
negotiation can be treated as consent in the
47. A and B are married. They have properties perfection.
including a family home. B predeceased her d. The sale is valid because the property has
husband A. Before A died, he executed a will already been delivered to C.
instituting his wife and children, C, D & E. The
family home was willed unto C, hence, he is now 51. A & B are married. They have a daughter C who
claiming to be the exclusive owner of the house is only 5 years of age. B, without the consent of
& lot. Is C correct? A went to the USA and worked as a nurse and
a. The giving of the family home to C is correct left her daughter with her parents as A is a
because a will is an act whereby a person is soldier who is always out of the conjugal
given the right to control a certain degree dwelling. Can A recover the custody of his child?
the disposition of his estate to take effect
after his death. a. A can recover custody of his daughter
b. The act of A is not correct because the because parental authority is inalienable.
family home remains to be so as the symbol b. A cannot recover custody of his daughter
of love and unity of the family for 10 years because it may not be possible for him to
after the death of A. attend to her needs.
Only 34
c. The parents of B have a better right to take 54. Samson, the son of a wealthy family has always
care of C considering that they are affluent claimed that since childhood, he was not a boy.
and the best interest of the child is of He played with the girls and did not mingle with
utmost importance. the boys. After finishing his course at a
d. A cannot recover the custody of his child university in the Philippines, he went to the US
because the mother’s decision is binding as to take up his masteral and doctorate degrees.
the child is below the age of 7. He consulted several doctors of the possibility of
(Santos v. CA) sex transmission from that of male to that of a
female. The sex transmission was done in
52. A & B lived together as husband and wife Thailand and which was certified as successful
without the benefit of marriage. For a few by a medical expert in Manila, hence, he claimed
months before his death, A was writing his to be a woman. He filed a petition for correction
autobiography and stated that he loved B so of entry of his record of birth from male to
much and because of that, they decided to live female and his name from Samson to Delailah
together as husband and wife, but planned to as he was marrying his fiancé. The lower court
marry. At the time he was writing his granted the petition. Is the order of the court
autobiography, B was pregnant and he stated in correct?
his autobiography that he was the father of the
child inside the womb of B. He died without a. The order is correct because it is the right
finishing it and failed to sign the same. Two (2) to a person to choose his/her gender.
months thereafter, the child C, was born, hence, b. The order is correct because a person’s
B sought to register the child under the name of status can be changed thru the intervention
A but the Local Civil Registrar refused, hence, of medical science due to the advances in
she filed a suit for mandamus to compel the science and technology.
registrar to register the child under A’s name. c. The order is correct as there would be no
She testified as narrated above; D, the father of adverse effects, but rather, it would
A testified that during the lifetime of A he lived redound to the benefit of Samson.
with B and she was pregnant at that time. E the d. The order is not correct because it wreaks
brother of A likewise testified along the same havoc to the marriage law; create confusion
line. Is the action of B correct? in the civil registry and change of sex is not
a ground to change one’s name.
a. The child cannot be registered under A’s
name because the autobiography was not 55. A & B are married with children C & D, but were
signed. living separately from one another. A got
b. The child cannot be registered under A’s married to E and begot children, F & G. After his
name otherwise, it would be easy for a death, E, F & G filed a petition for settlement of
woman to vest legitimate status upon a his estate. B, C &D intervened to claim their
child even if he is illegitimate. share of the estate and contended that since F &
c. The child can be registered under A’s name G are illegitimate as the marriage of A & E is
because of the principles in the rules of void, their share is only ½ of the share of the
evidence of pedigree declaration against legitimates. Is the contention correct?
interest supported by the autobiography
and the testimonies of D & E. a. The contention of B, C & D that the
d. The child cannot be registered under A’s marriage of A & E is void is not correct
name because an unsigned document is not because only A & E can question the validity
evidence of recognition. of their marriage.
b. B, C & D can contest the validity of the
53. A, a married man had amorous relationship with marriage of A & E in the settlement of his
B, resulting in the birth of C. C’s existence is estate as an exception to the rule due to
with the knowledge of his wife and children. In the law on succession.
fact, A and his family were even supporting C c. There is no use to question the marriage of
who was welcomed in all family occasions. What A & E anymore because it has become moot
is the meaning of the acts of A and his family? and academic due to A’s death.
a. The acts of A and his family are considered d. The contention of B, C and D is not correct
as acts of recognition. as they should have filed the settlement of
b. The acts of A can be considered as proof of estate of A and put up the defense of
filiation without need of going to court. invalidity of the marriage of A and E if their
c. The acts of A can be considered as proofs of children would intervene.
filiation but C has to go to court and prove
filiation through those overt acts. 56. A & B are married. They put into writing an
d. C cannot go to court to prove filiation agreement that they would live separately
considering that there is no documentary where they can live with other partners. A went
evidence showing recognition. to live with C, his childhood sweetheart, hence,
(Alberto v. CA) B filed an action for legal separation invoking as
ground, sexual infidelity. Will the action prosper?
Only 35
other spouse needs only proof by

a. The action will prosper because of the act of preponderance of evidence.
A which is a ground under the law. d. The action will not prosper because the act
b. The action will not prosper because of the was a frustrated act of parricide, not
consent of B. attempted parricide.
c. The action will prosper because the
agreement is void as it is contrary to law 60. A & B entered into an ante nuptial agreement
and morals. that they would be governed by the conjugal
d. The action will prosper because B is bound partnership of gains when they will get married.
by the principle of estoppels by deed. A year thereafter, they got married. Can they
change their property relationship during the
57. In the enumeration below, which is not a marriage?
ground to dismiss an action for legal separation
under the law? a. They can enter into a contract changing
their property relationship and from its
a. Condonation; perfection, they would be bound by another
b. Mutual guilt; property regime.
c. Consent; b. They can enter into a contract to change
d. Death. their property regime and it binds them due
(Sy v. Eufemio) to the principle of liberty of contracts.
c. They can enter into a contract changing
58. A & B are married. They have a house and lot their property regime but must file a
at Forbes Park which was acquired out of their petition in court for its approval.
incomes during the marriage. While serving as d. They can enter into a contract changing the
ambassador in Japan, he lived with C and begot property relationship and be bound thereby
children. After his retirement, he came back to because of the principle of mutuality of
the Philippines but went to live with C. He contracts.
wanted to sell the house but B refused to give (Art. 76; 136; 135, FC)
consent, hence, he filed an action in court
seeking for authority from the court to sell the 61. A & B are married but due to conflicts, A left the
property. B filed an answer with a counterclaim conjugal dwelling and went to live with C, one of
for legal separation. The counterclaim was his children. Despite B’s pleas, A refused to
granted. Is A entitled to a share of the house return to the conjugal dwelling. Can B file an
and lot? action to compel A to return?
a. A does not have a share in the house and a. B can file an action to compel A to return to
lot because he was pronounced the guilty the conjugal dwelling because it is A’s duty
spouse in the action for legal separation. to live with her.
b. A can have a share in the house and lot b. B cannot compel A to return to the conjugal
because it was acquired through their joint dwelling because to live together as
efforts. husband and wife is a mere personal and
c. The court can allow the sale of ½ of the voluntary act.
house and lot since it is co-owned by them, c. B can sue A for him to return to the
sharing 50-50 when the marriage shall be conjugal dwelling because the law mandates
dissolved. him to live with her.
d. A is not entitled to a share of the fruits of d. B can file a petition for habeas corpus citing
the conjugal partnership consisting of the her children as respondents for them to
difference between the value of the produce the body of their father in court for
property at the time it was acquired and at the court to order A to return to the
the time of the legal separation. conjugal dwelling.
(Ilusorio v. Bildner & Ilusorio)
59. A & B are married. During the marriage B filed
an action for legal separation alleging that A 62. A & B, lived together as husband and wife while
shot her and seriously wounded her resulting in A is legally married with children. They acquired
her permanent disability. Will the action properties in their coverture. After the death of
prosper? A, where will his share go?
a. The action will not prosper because B did a. His share of ½ of the properties shall go to
not file a criminal case for frustrated the conjugal partnership in his marriage
parricide. with A.
b. The action will not prosper because there is b. His share shall go to his children with A.
a need for conviction of A for the crime c. His share shall go to his children with his
committed. wife.
c. The action will prosper because the ground
of attempt by one against the life of the
Only 36
d. All the properties acquired in their coverture d. The parents of D can sue C represented by
shall go to the conjugal partnership of his his parents but his properties can be made
legally wedded relationship. to answer for the damages sustained.
63. A & B are married. A became a member of the 67. May the status of a child be the subject of a
US Armed Forces but when he came back to the compromise or contract?
Philippines he found out that his wife was
cohabiting with his brother. When he went back a. Yes, provided it is freely agreed upon.
to the USA, he divorced B; then got married to b. Yes, because of the principle of mutuality of
C. He died and in the petition for settlement of contracts;
his estate, B contended that she is entitled to c. No, because of public policy as paternity
inherit. Is B correct? and filiation must be judicially established;
d. Yes, because it can be left to the will of the
a. B is correct because of the original parties.
relationship between A & B. (Uy v. Chua, September 18, 2009)
b. B is not correct because what governs the See: Arts. 2035, 1306, NCC)
successional rights of A is his national law.
c. B is correct because in Philippine law as A is 68. How many years should a person be absent in
only an American citizen from the point of order that he may be presumed dead including
view of USA law. the opening of his succession?
d. B is correct because she acquired a vested
right when they got married. a. 7
b. 10
64. If homosexuality is concealed, it is a ground for: c. 4
d. 2
a. Annulment of marriage;
b. Legal separation; 69. How much of their properties may the
c. Declaration of nullity of marriage; future spouses donate to one another?
d. The other spouse to live separately from the
other. a. 100%
b. 50%
65. If a person who has been declared c. 20%
psychologically incapacitated, can he get d. 25%
married again? (Art. 84, Family Code)
a. No, because it is a permanent incapacity. 70. Is the prohibition against the spouses
b. Yes, because the incapacity is merely donating to one another during the
partial. marriage absolute?
c. No, because he cannot give his consent due
to mental psychoses. a. Yes, because it is contrary to law;
d. No, because he cannot comply with the b. Yes, because it is contrary to public
essential duties to the marriage bond. policy;
c. No, because they can give to one
66. A & B are married. They have a 10-year old another gifts during the marriage
son, C. X & Y, who are childless filed a petition within their capacity to purchase.
for adoption on June 16, 2010, seeking to adopt d. Yes, because there might be under
C. It was submitted for resolution on December influence by one against the other.
15, 2010. On December 31, 2010 C was playing (Art. 87, Family Code)
with a neighbor D who is likewise a minor, using
the airgun of C’s father. He pointed the gun to 71. A and B had amorous relationship resulting
D, squeezed the trigger and killed D. the petition in the birth of C. B filed a claim for
was granted on January 10, 2011. Who are temporary support of her unacknowledged
liable? child which she sought in an action for the
issuance of temporary protection order
a. The parents of D can sue A & B for against A. Is the remedy proper?
damages because they still had custody,
instruction and supervision over C at the a. Yes, as an incident of the action for
time of the incident. temporary protection order due to child
b. The parents of D can sue X & Y for damages abuse under RA 9262;
because the effects of adoption are b. Yes, because it is the duty of father to
retroactive to the date of the filing of the support the child;
petition for adoption. c. No, the remedy is to file an action for
c. The parents of D can sue A & B, X & Y for compulsory recognition to establish
damages who are solidarily liable. filiation;
Only 37
d. Yes, to be fair to the child who never the ground of psychological incapacity. In
asked to be born. its judgment, the court decreed that a final
(Dolina v. Vallecera, G.R. No. 182367, decree of nullity shall be issued only after
December 15, 2010, Abad, J) there is partition, distribution of the
properties in accordance with Article 147 of
72. The following are the characteristics of the Family Code.
psychological incapacity, except:
a. The order is correct because the law
a. Juridical antecedents; requires distribution, partition and
b. Refusal to have sex; liquidation of the properties before the
c. Grave; decree is issued;
d. Incurable. b. The order is not correct because the
rules in Article 147, F.C. apply only if
73. Which of the following statements is the marriage is declared void on the
correct? ground of psychological incapacity;
c. The order is correct regardless of
a. A spouse who refuses to live with the whether the marriage was declared
other spouse can be declared as one void on the ground of psychological
suffering from psychological incapacity; incapacity or because it is absolutely
b. A spouse who spends more time with void because of a prior marriage
his friends is suffering from
psychological incapacity; 77. A and B are married. A, with the use of
c. A spouse who has a narcissistic fraud, sold a parcel of land belonging to
personality disorder is suffering from them in 1990. B discovered it in 2011. Can
psychological incapacity; he still file an action to declare the sale
d. A spouse who marries another during void?
the marriages is suffering from
psychological incapacity. a. No more because the action has
(Te v. Te; Rep. v. CA, et al.) already prescribed;
b. Yes, because the sale is void, hence,
74. What is the remedy of a spouse if the other the action is imprescriptible; (Fuentes
leaves the conjugal dwelling and refuses to v. Roco, 4-21-10)
return and lives with the parents? c. No, because the 4-year period to file
action based on fraud has prescribed;
a. File a petition for habeas corpus; d. No, because the buyer is a buyer in
b. File a complaint for specific good faith and for value.
performance to compel him/her to
return; 78. After the heirs of an 80-year old man who
c. File a complaint for support; disappeared for more than 5 years
d. No remedy in court because the act of partitioned his properties, he re-appeared.
living together is a mere voluntary act What happens to the partition?
which cannot be compelled by any
proceeding in court. a. It is automatically considered void since
(Art. 68, F.C.; Arroyo v. Vasquez; there was no transmission of
Ilusorio v. Bildner, et al.) successional rights;
b. He can file an action for nullity;
75. X and Y are married. They have a daughter c. He can recover his properties in the
Z. They are living in the house of Y’s condition in which it may be found and
parents, but left the house because of the price of any property that may
differences with his parents-in-law and his have been alienated.
wife due to her refusal to leave the house. d. He can recover the fruits or rents of his
He was prevented from visiting his child and properties.
the latter was prevented from seeing her (Art. 392, NCC)
father? What is the remedy of X?
79. A and B got married which is not correct in
a. File a petition for habeas corpus; the following statements,
b. File a complaint to compel the wife to
live with her at a different place; a. B must carry the surname of A;
c. File a complaint for damages; b. B may carry her maiden name and
d. File a complaint for damages de to surname and add her husband’s
abuse of right. surname;
(Salientes v. Abanilla) c. B may carry her maiden first name and
her husband’s surname;
76. A and B are married. A filed an action for
declaration of nullity of their marriage on
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d. B may carry her husband’s full name for adoption but did not present evidence of
but prefixing a word indicating that she consent of X contending that Y has been
is the wife such as “Mrs.”. abandoned by X. How do you think the
(Art. 370, NCC; Yasin v. Sharia Court) court will decide?
ADOPTION a. It will grant the petition to serve the

best interest of the child;
80. What is the requirement if the husband and b. It will grant even without the consent
wife would like to adopt? of X due to abandonment;
c. It will deny due to lack of consent as
a. They can adopt jointly; there was no abandonment as she was
b. They shall adopt jointly; merely impelled by financial constraints
c. They must adopt jointly; to go abroad;
d. They may adopt jointly. d. It will grant because having left Y for
10 years is considered as evidence of
81. What is the required age difference between abandonment.
the adopter and the adopted? (Landingin v. Rep., June 27, 2006)
a. 15 years; 85. Which of the following is not correct in

b. 20 years; relation to an adopted child?
c. 16 years;
d. 14 years. a. He inherits like a legitimate child;
b. He cannot be preterited;
82. A and B are married. A filed a petition for c. He has the right of representation;
adoption alone but B consented to the d. By virtue of adoption, the adopter and
adoption by executing an affidavit of the adopted acquire reciprocal
consent and testified in court giving his obligations arising from their
consent to the adoption. Will the petition relationship.
prosper?
86. A and B are married. They have an adopted
a. No, because it is not a joint petition; child C. A died leaving as heirs, B and C and
b. No, because the requirement of a joint X. the father of A. State the effect of the
petition for adoption is mandatory; presence of C as far as the right of X to the
c. Yes, for while the procedural statute estate of A is concerned.
requires a joint adoption by the a. X shall inherit as A left no legitimate
spouses, yet it must not be applied to child;
defeat the benevolent intention of the b. X is excluded by the presence of C
adopter, that is to promote the welfare because an adopted child inherits like a
of the child; legitimate child; (Art. 979(2), NCC)
(Daoang v. Mun. Judge of San Nicolas, c. X and C can inherit together but C will
Ilocos Norte, 159 SCRA 369) inherit like an illegitimate child. (Art.
d. No, because adoption rules are 343, NCC) – It has been deleted by the
mandatory. Family Code.)
d. X shall be entitled to inherit as the
83. Of the following statements, which is not relationship between A and C is
correct?
87. A & B are married. They have a 10-year old
a. The guardian cannot adopt the ward son, C. X & Y, who are childless filed a
before the approval of the final account petition for adoption on June 16, 2010,
to prevent commission of fraud in seeking to adopt C. It was submitted for
handling his properties; resolution on December 15, 2010. On
b. The guardian cannot adopt the ward December 31, 2010 C was playing with a
because it might be used as a shield to neighbor D who is likewise a minor, using
commit fraud; the airgun of C’s father. He pointed the gun
c. The guardian cannot adopt the ward to to D, squeezed the trigger and killed D. the
prevent any prejudice to him; petition was granted on January 10, 2011.
d. Even before the approval of the Who are liable?
guardians final account, the ward can
be adopted by him to serve his best a. The parents of D can sue A & B for
interest. damages because they still had
custody, instruction and supervision
84. X has a daughter Y. She left for Italy to look over C at the time of the incident.
for a job and worked there for 10 years but b. The parents of D can sue X & Y for
continued to support Y who was left under damages because the effects of
the custody of A and B. They filed a petition
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adoption are retroactive to the date of 91. The Municipality of Dingras, Ilocos Norte
the filing of the petition for adoption. conducted a bidding on the lot belonging to
c. The parents of D can sue A & B, X & Y Mr. P for non-payment of tax. A was the
for damages who are solidarily liable. highest bidder. P was not able to redeem
d. The parents of D can sue C represented his property, hence, a title was issued in
by his parents but his properties can be favor of A. He filed a motion for the
made to answer for the damages issuance of a writ of possession over the
sustained. house and lot. What is the right of Mr. P?
PROPERTY a. A has to pay the value of the house

because P is a builder in good faith.
88. A borrowed money from B. As security for b. A has to pay the value of the house of
the payment of the loan, he executed a P considering that when he moved for a
chattel mortgage on the building erected on writ of possession over the lot and the
his land and the machinery stored therein. house, he appropriated P’s house.
For failure to pay the loan, he was sued and c. A does not have to pay the value of the
a judgment was rendered against him, house because when he became the
where the building and the machinery were owner of the land, he became the
levied upon. Is the chattel mortgage binding owner of the accessory which is the
upon C, the plaintiff? house.
d. A does not have to pay the value of the
a. Yes, because the contract is the law house because the sale of the lot
between the parties; implies the sale of the house.
b. Yes, insofar as the machinery is (Nuguid v. CA)
concerned but void on the building
(See: Art. 415, NCC0; 92. Which of the following instances treats a
c. Yes, with respect to both the building building/structure as an immovable
and the machinery because of the property?
principle of liberty of contracts;
d. No, C is not bound at all because he is a. A building which is constructed on the
not a party to the contract. land and the same is mortgaged apart
from the land on which it has been
89. A leased a parcel of land to B. Without A’s built.
consent, B constructed a warehouse. What b. A barong-barong built by X on his lot.
is the nature of the warehouse? c. A building used as security in the
payment of an obligation where a
a. It is a personal property because the chattel mortgage is executed over it.
builder was in bad faith; d. A building bought for purposes of
b. It is a personal property because the demolishing the same.
builder is not the owner;
c. It is immovable because the only 93. Whenever the current of a torrent
criterion is union or incorporation with segregates a known portion of the land and
the soil. (Ladera v. Hodges (CA) 48 transfers it to another, the owner of the
O.G. 4374) land to which the segregated portion
d. Personal because it is a structure which belonged retains the ownership of it. What
can be removed by the builder. do you call the process?
90. A leased a parcel of land from B. With B’s a. Accretion

consent, A put up a manufacturing business b. Regalia Doctrine
on the property and attached a machinery. c. Alluvium
What is the nature of the machinery? d. Avulsion
a. The machinery is always a movable 94. River beds which are abandoned through
property. the natural change in the course of the
b. The machinery is now immovable by water belong to whom?
destination.
c. The machinery can be considered a. Owners whose land are occupied by the
immovable if there is a provision in the new course in proportion to the area
contract of lease that the same will lost.
become B’s property when the contract b. Owners whose land are occupied by the
will expire. bed course in proportion to the length
d. The parties cannot change the nature of the area lost.
of the property even by agreement. c. Owners of the land adjoining the old
(Davao Sawmills v. CA) bed in proportion to the area lost.
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d. Owners of the land adjoining the new b. The builder in bad faith may demand
bed in proportion to the area lost. for the payment or reimbursement for
necessary expenses for the
95. A is a squatter on the land of B and preservation of the land and value of
constructed a house. When sued for forcible the building.
entry, he asked for reimbursement from B c. The builder in bad faith as a rule has no
for the improvements. Is A correct? right but he is entitled to
reimbursement for necessary expenses
a. Yes, he is entitled to the extent of the for the preservation of the land, not the
value of the improvement; value of the building.
b. Yes, to the extent of 50% of the value d. The builder in bad faith is entitled to
of the improvement; reimbursement of all expenses
c. Yes, but only for the expenses in the available for reimbursement.
preservation of the land; (Art. 449,
NCC) 99. A owns a house and lot which is made of
d. Yes, for the value of the necessary concrete materials. A then sold it to B for
improvement. purposes of demolition. How do you classify
the house?
96. A, B & C are the co-owners of a parcel of
land. A constructed his house at the middle a. Personal property because it is subject
of the property, such that, when they of a contract of sale.
partitioned it, his house was found to be b. Immovable property because by reason
intruding into the share of B. What is the of immobilization by destination.
right of B? c. Immovable because under Article 415
of the Civil Code, everything attached
a. A can be evicted by B. to an immovable property in a fixed
b. B can appropriate the portion of A’s manner in such way that it cannot be
house intruding into his share as A is a separated therefrom without breaking
builder in bad faith. the material falls under immovable
c. A may compel B to buy his house. property.
d. Since A is a builder in good faith, B d. It is movable or personal property
may exercise the option to sell the land because a building sold to be
or appropriate the improvement. demolished may be considered
(Art. 448) personal property because the true
object of the sale would be the
97. A is the owner of a parcel of land covered materials.
by TCT No. 123 located in a subdivision
property being developed by XYZ 100. X leased real property situated in Malate,
Corporation. He did not know the exact Manila which is owned by A. During the
location of the lot, hence, he consulted the period of lease, X introduced improvements.
developer who pointed to a lot, hence, he Upon the expiration of the lease, A
constructed his house. It turned out that it demanded X to vacate the premises but not
was another lot covered by TCT No. 124. Is appropriate the improvement. Is X entitled
A a builder in good faith? to reimbursement of the improvements?
a. A is a builder in bad faith because he a. No, because he is a builder in bad faith.

has a title over his property. b. Yes, because he is considered in good
b. A is a builder in good faith because, not faith.
being an expert he relied on the c. No, because he can remove the
representation of the developer. improvements.
c. A is a builder in bad faith because he d. Yes, to the extent only of one-half of
should have known the boundaries of the value of the improvements if the
his property and the location of the lessor appropriates it.
same.
d. A is a builder in bad faith because of his 101. X rode in a taxicab driven by Y. When X
negligence in not asking a geodethic alighted, he left his celphone in Y’s taxicab.
engineer to determine the exact Who owns the celphone?
location of his property.
(Rosales v. Castelfort) a. Y is the owner under the principle of
finder’s keepers.
98. What are the rights of a builder in bad faith? b. Y is the owner as he is in actual
possession.
a. The builder in bad faith may demand c. X is the owner as he was deprived of
for the reimbursement of possession.
improvements of the land.
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d. Y is the owner if the same is

surrendered to the proper authority 106. A & B entered into a contract of sale over
and the owner did not claim the same A’s car for P500,000.00. A has to register
within a period of six (6) months after the car first before payment and delivery.
publication. After the registration of the car, A called up
B that the car was ready for pick up. B
102. By hidden treasure is understood, for legal asked him to send his driver to deliver the
purposes, any hidden and unknown deposit car as he was going to pay before delivery.
except: B was able to convince the driver to leave
the car at his garage and will just deposit
a. Money the amount with A’s account for fear that
b. Precious objects the driver might be the subject of a hold-
c. Jewelry up. Instead of depositing the amount, he
d. Mineral deposits sold the car to C. Can A recover the car
(Art. 438 & 439) from C?
103. To whom does hidden treasure which is a. A cannot recover the car anymore
discovered belong? because B has become the owner by
virtue of delivery.
a. Hidden treasure belongs to the owner b. A can recover the car from C because
of the land, building, or other property he was unlawfully deprived.
on which it is found. c. A cannot recover from C because he is
b. Hidden treasure belongs to the State a buyer in good faith and for value.
because of the Regalian Doctrine in d. A’s only remedy is to file an action for
which the full ownership of all natural sum of money against B.
resources on natural matter than may
be found in the bowels of the earth 107. A ordered books from Rex Publishing worth
shall belong to the State. P1M. The books were delivered to him at his
c. Hidden treasure belongs to the person office and as it was a Sunday, he issued a
who finds it. check which was dishonored when it was
d. Hidden treasure belongs to the State, presented for payment. He sold the books
owner of the land in which it is found to B. Can Rex Publishing recover the books?
and to its finders.
a. Rex Publishing can recover the books
104. A is the owner of a parcel of land. B, with a because it was unlawfully deprived
gadget to detect hidden treasure and used when the check was dishonored.
the instrument to determine if hidden b. Rex Publishing can file an action for
treasure is found in A’s land which proved rescission of the contract.
positive. With A’s consent, B extracted the c. Rex Publishing can file an action for
hidden treasure. Is B entitled to 1/2? sum of money against A, or file criminal
cases for violation of BP22 and Art.
a. No, because he is not a finder by 315, RPC.
chance due to his intention; d. Rex Publishing can file an action for
b. No, because he should have found it by declaration of nullity of the contract of
sheer luck; sale.
c. Yes, because he is a finder by chance (Edca Publishing & Distributorship Co.
even if he had the intention to look for v. Santos)
it as it is enough that he had the
intention to look for it; 108. A, B, C and D are the heirs of X and Y who
d. No, he is entitled merely to left an estate of 10 hectares in Laguna. The
compensation for his efforts. three (3) brothers agreed to convert the
land from a riceland to a subdivision. D, the
105. Suppose in the problem above, B had a sister disagreed. Is D’s act valid and what is
map and A is out of the country. Is he the remedy of the brothers?
entitled to ½?
a. No, because she is a minority co-
a. No, because he is a trespasser; owner, the decision of the majority
b. No, because since he has a map, he is prevails;
not a finder by chance; b. No, because while it is an alteration the
c. Yes, since there was no prohibition for consent of the controlling interest is
him to enter the premises, he is still a merely required;
finder by chance as he is not a c. Yes, because it is an alteration which
trespasser; requires the consent of all the co-
d. No, because by chance means good owners but if the refusal of C is clearly
luck.
Only 42
prejudicial to the common interest, the c. The contract is valid because a contract
alteration may be allowed; can be in any form.
d. No, because it is prejudicial to their d. The contract is valid and enforceable
common interest. because in matters of realty, the
Statute of Frauds governs only
109. A, B and C are the co-owners of a parcel of conveyances and leases and partition is
land located in the City of Manila consisting not a lease; it is not a conveyance but
of 90 square meters. A sued B and C for
merely segregation of a property.
partition. How do you thing the court will (Vda. de Reyes v. CA)
decide?
113. A, B & C are the co-owners of a parcel of
a. It will grant the action since land is
land. They leased it to D. For failure to pay
basically divisible; the rents, A alone sued D. Will the action
b. It will dismiss because the land is so
prosper?
small;
c. It will dismiss because the land is so
a. The action will not prosper because B &
small that to divide it will render it C are indispensable parties.
useless for the purpose it is intended;
b. The action will not prosper because of
d. It will grant the action otherwise, A, B failure to implead B & C who are real
and C will be deprived of their right to
parties in interest.
make use of the property. c. The action will prosper because anyone
of the co-owners may sue for
110. In the question above, where D refuses to ejectment.
agree, what would be your advice to A, B
d. The action will not prosper because the
and C? suit by A is not in representation of the
co-ownership.
a. I would advice them to file a suit to (Art. 487, NCC; Arcelona v. CA)
compel her to give consent;
b. I would advice them to sue her for 114. What is the status of the sale of the whole
damages;
property by one co-owner?
c. I would advice them to file an action for
partition;
a. Valid sale as to the whole property.
d. I would advice them to develop the b. Valid sale only as to the share of the
land and leave a portion equivalent to
seller co-owner.
the share of D. c. Sale is void on whole property as there
(But D is entitled to a right over any party
is no consent from the other co-owner.
of the land.) d. Unenforceable
111. In the question above, A, B and C agreed to 115. Which of the following is false with regard to
use the amount of P100M left by their
the prescription on action to quiet title?
parents for the development of the land. D
disagreed. Is D’s act correct?
a. If the plaintiff is in possession, the
action to quiet title does not prescribe.
a. No, because it is prejudicial to the
b. If the plaintiff is not in possession, it
interest of the co-ownership; may prescribe.
b. Yes, because the expenditure is not a
c. Whether the plaintiff is in possession or
mere act of administration, but an act not, the action to quiet title will
of dominion;
prescribe.
c. Yes, because the expenditure is not a
mere act of administration but an act of
116. What should a co-owner do inorder that he
dominion which needs the consent of can recover expenses in the alteration of
all;
co-ownership?
d. No, because being trustees of one
another, they are presumed to act
a. Not secure the consent of the other co-
favorably for every co-owner. owners anyway it is for the benefit of
the co-ownership.
112. A, B, C & D are the co-owners of a parcel of b. Secure a unanimous consent of the co-
land. They agreed to orally partition the
owners.
property. Is the partition valid? c. Not secure consent of the co-owners
since they did not contribute for the
a. The contract of partition is void because alteration of the property.
it was not put into writing.
d. Secure the consent of majority of the
b. The contract is unenforceable because co-owners.
it was not put into writing.
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117. The following are some of the d. The court shall determine who among
characteristics of a co-ownership except the conflicting parties has the right of
one: possession.
(Art. 438, NCC)
a. A co-owner is in a sense a trustee for
the other co-owners. 122. Which of the following is a characteristic of
b. Co-ownership has judicial personality. a co-ownership?
c. There must be more than one subject
or owner. a. The co-ownership possess juridical
d. Regarding the physical whole, each co- personality.
owner must respect each other in the b. Regarding the ideal share, each co-
common use, enjoyment or owner does not hold any control over
preservation of the physical whole. the same.
c. A co-owner is in a sense a trustee for
118. Within what period should the owner of a the other co-owner.
property subject of avulsion recover the lost d. Regarding the physical whole, a co-
property? owner uses and enjoys the same to the
exclusion of the others.
a. 2 years
b. 3 months 123. Which of the following is not a ground for
c. 6 months extinguishment of a usufruct?
d. 1 year
a. Prescription
119. A, B and C inherited a real property from b. Bad use of the thing in usufruct.
their father. Subsequently, knowing that he c. Total loss of the thing in usufruct
is the co-owner of the said property, A d. Non-user for 6 months.
mortgaged the same to D. For failure to
pay, D foreclosed the same. 124. In taking care of the thing in usufruct, what
a. B and C can redeem the said property degree of diligence is required?
after paying the foreclosed amount.
b. A should pay B and C corresponding to a. Good father of a family
the value of their respective share. b. Utmost diligence
c. B and C may redeem the property only c. Ordinary diligence
to the extent of their respective shares. d. Extraordinary diligence
120. A, B, and C are co-owners of a parcel of 125. In 2001, A granted a usufruct over his
land. A sells his aliquot part of the whole building to B until February 23, 2011 when
property without the consent of B and C. Is C, the son of B would have reached the age
the sale valid? of 25. C died at the age of 23 in 2009. What
happened to the usufruct?
a. Yes, it is valid, because the right of
alienation is one of his rights over the a. The usufruct was extinguished;
ideal shares in the co-ownership. b. The death terminated the usufruct;
b. No, it is invalid, because the consent of c. The usufruct subsists because a
his co-owners is material for the sale to usufruct granted for the time that may
be valid. elapse before a third person reaches a
c. Yes, it is valid because the co-owners certain age shall subsist for a number
did not object when he sold his part. of years specified even if the third
d. No, it is invalid because a co-owner person should die unless there is a
cannot sell his part to third person stipulation to the contrary (Art. 606,
without offering it first to his co- NCC)
owners. d. The usufruct continues because B, the
trustee is still alive.
121. In case of a conflict between two persons
regarding the possession of a certain EASEMENT
property, which of the following rules is
incorrect? 126. A built his house on his lot up to the
boundary line and opened windows with
a. Present possessor is preferred. direct view over the lot of B. Twenty (20)
b. If both are in possession, the one years later, B built his house up to the
longer in possession shall be preferred. boundary line of his lot, hence, A filed a
c. If possession started at the same time, complaint enjoining B from building his
the one with the title is preferred. house up to the boundary contending that
he has acquired the easement of light and
view by prescription and that B cannot build
Only 44
less than 3 meters from the boundary. Is A subdivision of XYZ Corp. where his lot
correct? is located are not yet fully developed,
hence, it is very inconvenient for him to
a. Yes, because of prescription and pass thru the same.
laches;
b. No, because there was no formal 129. What is the test in determining whether a
prohibition by means of an instrument person may demand an easement of right of
acknowledged before a notary public way?
prohibiting B from obstructing his
easement of light and view; a. Least prejudicial to the servient estate
c. No, because A did not observe the 2- and the shortest distance to the
meter distance between the windows highway.
since the view is direct and the lot of B b. Most prejudicial to the servient estate
(Non-observance of the distances does but shortest distance to the highway.
not give rise to prescription.) c. Creation of another way which is
d. Both B and C. shortest to the highway and closing the
(Art. 668 and 679, NCC; Cortes v. previous right of way.
Yutivo, 2 Phil. 24; Fabie v. Lichanco, 11 d. Total inadequacy.
Phil. 14; Cid v. Javier, 108 Phil. 850)
130. A donated a property to B, but the property
127. A tolerated B to use his land, hence, B is surrounded by A’s property. What is the
constructed a road where his trucks would right of B?
pass through, going in and out of his land.
Fifty (50) years thereafter, A asked B to pay a. Ask A for right of way without
rentals but B refused contending that he indemnity.
has already acquired ownership over the b. Ask A for right of way with indemnity.
easement of right of way by prescription. Is c. Ask A to donate another property for
B correct? B’s right of way.
d. Sue A for a right of way without
a. B is correct because possession of a indemnity.
parcel of land for ten (10) years in good
faith will ripen to ownership. 131. In the establishment of an easement of
b. B is correct because of laches. right of way which is likened to the exercise
c. B is wrong because an easement of of the power of eminent domain, the owner
right of way cannot be acquired by can validly contend that the compensation
prescription as while it is apparent it is due the owner should be computed based
not however not continuous. on the
d. B is correct because with the
continuous use of the easement, a. Value when the road was constructed
prescription lied. b. Date of filing the action in court
(Bogo Medillin Sugar Milling Corp. v. c. Date of the judgment
CA) d. Value of the land and the amount of
damage caused to the servient estate.
128. A is the owner of a parcel of land, which is (Art. 649, NCC; Bicol Agro-Industrial
a part of a subdivision property being Producers Cooperative, Inc. v. Obias, et
developed by XYZ Corporation. His lot is al., G.R. No. 172077, October 9, 2009).
adjacent to the road belonging to ABC
Corporation hence, he used to pass through 132. A & B had an agreement for A to use B’s
the road going to the national highway. In property as a right of way. Five (5) years
2009, ABC Corporation constructed a fence later, an adequate outlet was opened to a
on its property, thus closing the road. Can A highway near A’s property, hence, B filed an
demand the reopening of the road? action to cancel the encumbrance of
voluntary easement of right of way. The
a. A can demand for the reopening of the RTC granted. The CA may rule that:
road because he acquired the right to
use it by prescription. a. the RTC is correct because A has no
b. A can demand for the reopening of the more use of the easement.
road because it is the nearest to the b. the RTC is correct because a voluntary
highway. easement can only be extinguished by
c. A cannot demand for the reopening of agreement of the parties.
the road because there is an adequate c. the RTC is correct especially so that the
road of the subdivision belonging to dominant estate has been sold.
XYZ Corporation. d. the RTC is correct because the servient
d. A can demand for the reopening of the estate has been sold.
road because the roads of the
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(Unisource Commercial & Dev. Corp. v. is perfected from the moment the
Chung, et al., G.R. No. 173252, July 17, donor knows of the acceptance of the
2009). donation.
DONATION 136. State the nature of this donation: “I hereby

donate to X “mortis causa” a 1000 square
133. When is donation deemed perfected? meter lot worth P10M subject to the
condition that this donation shall be deemed
a. Upon the signing of the deed of revoked if he fails to build a house on the
donation; land worth P1M within one (1) year from
b. When the donor comes to know of the date hereof and delivery shall be made after
acceptance of the donation by the my death.”
donee;
c. Upon delivery of the object of donation; a. It is a donation mortis causa as
d. Upon registration of the deed of intended;
donation. b. It is a donation mortis causa since
delivery will be made after death, it will
134. The deed of donation by A in favor of B be effective only from that time;
states: “Donation Inter Vivos” but there is a c. Donation inter vivos that is conditional,
provision that although the land donated the designation not controlling and that
shall be delivered to the donee immediately the conditions indicate that it is inter
upon perfection of the same with right to vivos;
enjoy the fruits of the land, it will pass to d. Mortis causa as it will take effect after
the donee after the death of the donor. death as delivery will confer ownership
After the donor’s death, the heirs sought to upon the done.
recover the property. Will the action
prosper? 137. “I hereby donate to A” a parcel of land
subject to the condition that he will support
a. No, because since the me for the rest of my life, shoulder my
donation is a inter vivos, it took effect hospitalization and burial expenses.” What
driving the lifetime of the donor; is the nature of the donation?
b. No, because the donee
has acquired ownership over the a. Remuneratory donation inter vivos;
property; b. Conditional donation inter vivos;
c. Yes, because the donation (obligation imposed is merely a charge
is a donation mortis causa hence, it has or burden whose value is less than the
to comply with the formalities of a will value of the thing given.)
and since it did not, it is void; (Art. c. Onerous donation inter vivos; (the
728, NCC) obligation to defray the support, etc.
d. No, because a donation indicates that such obligation is the
inter vivos is irrevocable. consideration for the donation and vice
versa. The properties donated are the
135. A executed a deed of donation in favor of B conditions for the donation. (Art. 726,
and sent it to Ilocos Norte. One month later NCC; Laureta v. Mata, 46 Phil. 668;
A became insane and still insane when he Concepcion v. Concepcion, 91 Phil.
received the notice of acceptance of the 823; Arts. 733 and 726, NCC)
donation. He died without recovering his d. Conditional donation which can be
sanity. Is the donation valid? revoked.
a. Yes, because at the time of the 138. A donated a house and lot to B orally. Since
donation, he was capacitated; then, B has been in possession for a period
b. Yes, because the acceptance can even of 30 years declaring the same for taxation
be conveyed to his legal purposes. Is the donation valid?
representatives;
c. Yes, because there is only one moment a. No, the donation is void because it was
which must be considered inorder to not put into writing.
determine the donor’s capacity to make b. Yes, the oral donation can be the basis
donation, that is the time of the making of a valid title because of laches.
of the donation (Art. 737, NCC) when c. No, the donation is void because it was
he offered to donate; not put into a public instrument.
d. No, Article 737 declares that the d. Yes, the donation is valid because a
donor’s capacity shall be determined as contract can be valid in any form.
of the time of the making of the (Heirs of Maningding v. CA)
donation and in relation to Article 734,
NCC, the law declares that a donation
Only 46
139. A executed a deed of donation to the DECS donation will take effect upon A’s death and
subject to the condition that it be devoted B cannot alienate, but it further states that
for educational purposes. The DECS did not B can register the deed and obtain a title.
accept it in the same instrument or in an What is the nature of the donation?
authentic writing but took possession of the
property and constructed a school building. a. Mortis causa;
Twenty (20) years thereafter, it executed a b. Conditional donation inter vivos;
deed of exchange with B for a bigger c. Inter vivos;
property. Can A revoke the donation? d. Conditional donation mortis causa.
(Reasons: Acceptance clause which is
a. A can ask for the recoveyance of the required in donations inter vivos –
property because the donation is void Austria-Magat v. CA, February 1, 02;
as it was not accepted by DECS in the Prohibition against alienation should be
same instrument. harmonized with its irrevocability. Said
b. A cannot ask for reconveyance because prohibition means that after the donor’s
there was acceptance thru DECS death, the donation will take effect so
possession and compliance with the as to make the donee the absolute
condition. owner free from any lien or
c. A can recover because DECS did not encumbrances.)
comply with the condition.
d. A cannot recover because of 144. A executed a conditional donation to B who
prescription. accepted it. When B failed to comply, A sold
(DECS v. Del Rosarios; CPU v. CA; Rep it to C. Is the sale valid?
v. Silim)
a. Yes, because of automatic revocation
140. May a person sell that which he does not for failure to comply with the condition;
own? b. Yes, because A was exercising a right;
c. No, because of the absence of
a. No, otherwise the sale is void; automatic revocation clause;
b. No, otherwise, the seller cannot confer d. Yes, because he was still the owner at
ownership upon the vended; the time of the sale.
c. Yes, provided that he is the owner at
the time of the delivery; 145. What is the status of a conditional donation
d. No, otherwise, the buyer would be if the condition imposed is unlawful?
prejudiced.
(Art. 1459, NCC) a. Donation is void because it contains an
illegal condition.
141. May a person donate that which he does not b. Donation is valid but the condition is
own? considered as not imposed.
c. Donation is unenforceable.
a. Yes, provided that it is accepted by the d. Donation is voidable.
donee;
b. Yes, provided that he can deliver it; 146. What kind of donation requires compliance
c. No, because he cannot confer with the elements of a valid will?
ownership of something he does not
own; a. Donations mortis causa
d. Yes, provided that the parties agree. b. Conditional donation
(Art. 751, NCC) c. Donations inter vivos
d. Donations in consideration of marriage
142. May an oral donation propter nuptias be the
basis of a title? 147. What is the effect if there is an illegal and
impossible condition in a simple donation?
a. No, because it must be in a public
instrument; a. The illegality or impossibility of the
b. No, because it must be in writing; condition will annul not only the
c. Yes, through adverse possession for 30 condition but also the obligation even if
years. (Pensader v. Pensader, 47 Phil. the impossible condition is a condition
459); not to do.
d. No, because it is not effective as a b. The illegality or impossibility of the
transfer of title. (Heirs of Maningding v. condition will annul not only the
CA, 31 July 1987; Gesmundo v. CA, 23 condition but also the obligation unless
December 1999). the impossible condition is a condition
not to do.
143. A executed a deed of donation in favor of B c. The donation is valid because the illegal
who accepted it. It however states that the or impossible condition is simply
Only 47
considered as not imposed. Hence, the 152. In the will of Doña A, one of the
condition is void but the donation is beneficiaries is the wife of the minister who
valid. rendered aid to the testator during the
d. The donation is unenforceable. latter’s illness. Is she qualified?
NUISANCE a. No, because of the possibility of undue

influence that may have been exerted
148. Is a swimming pool an attractive nuisance? by the minister;
b. No, because since the priest is
a. Yes, because it is attractive to persons disqualified, the will is a circumvention
of tender age at play. of the prohibition;
b. Yes, if there are instruments and c. Yes, because the law extends the
implements that make it different from disqualification of priests and ministers
an ordinary body of water. of the gospel to their relatives within
c. No, because it is just a mere the fourth degree as well as the
duplication of a body of water. church, order chapter, community or
d. No, if the owner employed means to institution to which they may belong.
protect the lives and limbs of persons (Art. 1027(2);
who enter into it. d. No, because what cannot be done
(Hidalgo Enterprises v. Bandalan) directly, it cannot be done indirectly.
SUCCESSION 153. A left a gross estate of P600,000.00

and debts amounting to P60,000.00. He
149. A executed a will in his handwriting with was survived by his wife, three (3)
three (3) witnesses, one of whom is the legitimate children, and acknowledged
notary public. The probate was contested on illegitimate child and an
the ground that the notary public before unacknowledged adulterous child. How
whom it was acknowledged was one of the will you divide the estate?
witnesses. How do you think the court will
decide? a. I will divide the estate giving ½ to
the legitimates; ¼ to the wife and
a. It will declare the will void because the rest to the two (2)
there are only two (2) witnesses; illegitimates;
b. It will declare the will void because the b. I will distribute it by giving ½ to
notary public cannot subscribe before the legitimates; same share as one
himself; of the legitimates to the widow;
c. It may grant the probate and consider the illegitimates will get ½ of the
it a holographic will share of each of the legitimates;
d. It will declare the will extrinsically void. c. I will divide the estate equally
among the legitimate children and
150. The following are the questions which a the widow;
probate court can determine, except: d. I will not give the illegitimates
because of the iron curtain.
a. Question on the identity of the will;
b. Question on the due execution of the 154. The following can be considered as the
will rationale behind reserva troncal,
c. Question of validity and nature of except:
contracts
d. Question on the capacity of the a. To reserve certain property in favor
testator. of certain relatives;
b. To maintain as absolutely as
151. Of the enumeration below, which is not a possible, with respect to the
limitation of fideicommissary substitution? property to which it refers, a
separation between the paternal
a. The substitution must not go beyond and maternal lines, so that
one degree from the heir originally property of one line may not pass
instituted (Art. 863, NCC); to the other, or through them to
b. The fiduciary and the fideicommissary strangers;
must be living at the time of the death c. To prevent persons outside of a
of the testator (Art. 863); family from securing, by some
c. The substitution can burden the accident of life, property that
legitime (Art. 864); would otherwise remain therein;
d. The substitution must be made d. To show solidarity of the family.
expressly (Art. 865).
Only 48
155. In relation to reserva troncal, the a. True, but subject to resolutory

following statements are correct, condition, hence, can rescind the
except: conrtact;
b. False, because he/she is not the owner
a. The reservista can sell the as he holds the property merely in trust
property, but subject to resolutory for the reservatarios.
condition; c. True, because having a title over it, the
b. The reservatarios may rescind the buyer can just rely upon the title under
contract of sale by the reservista the mirror doctrine.
upon the death of the reservista; d. True, because from the moment of
c. The reservista can sell because he death of the descendant propositus, the
acquires ownership of the reservista acquired ownership over the
reservable property subject to the property subject of reserva.
resolutory condition that there
must exist at the time of his death 159. A & B are married. They have children, C &
reservatarios; D. C is married to X and they have children,
d. The reservista can execute a will to Y & Z. D is married to S and they have
dispose of the property subject of children, T & U. He has likewise an
reserve to his own relatives. illegitimate child, V. Before A died he
(Edroso v. Sablan, 25 Phil. 295; executed a will instituting his heirs including
Lunsod v. Ortega, 446 Phil. 664) V. Can V inherit from A considering that he
is an illegitimate child of D?
156. A executed a last will and testament
instituting his parents, brothers and sisters. a. V cannot inherit because he is an
He did not institute his wife. Is the will valid illegitimate child of D.
is he did not institute his wife? b. V cannot inherit despite his institution
because of the barrier between the
a. The will is valid because it is A’s legitimates and the illegitimates.
prerogative as to the persons whom he c. V can inherit because the iron curtain
wishes to institute because a will is an applies only in cases of intestacy.
act whereby a person is given the right d. V can inherit because the will of A is an
to control to a certain degree the act whereby he is given the right to
disposition of his estate to take effect determine his heirs.
after his death.
b. The will is valid because the wife is not 160. A executed a will with B, C & D as
an heir in direct line, hence there is no witnesses. At the time of the subscription by
preterition. A, C & D on each and every page of the will,
c. The will is void because the wife is a B was outside the room with an open door.
compulsory heir of A. Is the will valid?
d. The will is valid, anyway, the wife has a
share in the conjugal partnership. a. The will is void because it was not
subscribed in his presence.
157. One of the four (4) witnesses in the will of A b. The will is valid because the phrase “in
is the notary public. Is the will valid? the presence” does not mean actual
seeing but mere opportunity to have
a. The will is valid because the signature witnessed and seen the signing.
of the notary public is a mere c. The will is valid because there is
surplusage. substantial compliance with the law.
b. The will us void because the notary d. The will is void because it requires the
public cannot subscribe before himself. presence of the witnesses to prevent
c. The will is valid because there is fraud, in the execution of the will and
substantial compliance with the to protect the integrity of the will.
requirements of a will.
d. The will is valid especially so that the 161. X executed a will instituting his heirs. It was
law must give tender care to the will discovered 15 years after his death, hence,
because it is the voice of the testator the heirs consulted you whether they can
even after his death. still file a petition for its probate,
(Cruz v. Villasor) considering that they have already
extrajudicially settled his estate. What is
158. In cases of reserve troncal, the reservista your advice?
can sell the property subject of reserva.
True or false? a. Yes, because the probate of a will is
imprescriptible as it is mandated by
public policy.
Only 49
b. No more because it has already adopted G. C died in 2006. A died in 2010.

prescribed. Can G inherit by right of representation?
c. Yes because they cannot extrajudicially
settle the estate due to the existence of a. G can inherit by right of representation
a will. being the son of C.
d. No more because of laches. b. G cannot inherit by right of
representation because such right
162. A executed a will instituting his heirs and X, applies only to blood relatives.
his illegitimate child whom he recognized. c. G can inherit by right of representation
Before his death, he revoked the will. What because one of the rights of an adopted
is the effect of the revocation of the will? child is the right of inheritance without
any distinction and discrimination.
a. The revocation necessarily carries with d. G can inherit by right of representation
it the revocation of the recognition of X. like E & F otherwise, he would be
b. The revocation has no effect on X as deprived of his legitime resulting in
the will can be used as an authentic unfairness.
writing as proof of filiation.
c. With the revocation of the will, X has 166. X executed a holographic will dated
yet to go to court and prove filiation December 2000. After his death, A and B,
with the use of the will. the heirs filed a petition for probate, but C,
d. The will has no favorable effect on X the daughter opposed on the ground that
because of its revocation and its non- the will is not valid because it is not
admission to probate. completely dated.
(Art. 834, NCC; 172(1), FC)
a. C is correct because the law requires
163. Mr. Tiok Chua executed a last will and that the holographic will must be
testament. X, a niece was charged with the completely dated;
crime of forgery alleging that she forged Mr. b. C is not correct because there is
Chua’s signature. In the meantime, the will substantial compliance with the
was admitted to probate. State the effect of requirement of the law.
the admission of the will to probate. c. C is correct because the incomplete
date affects the integrity of the will.
a. X can still be prosecuted. d. C is correct because the complete date
b. X can no longer be prosecuted because protects the will from commission of
the admission of the will to probate is fraud and trickery.
the best evidence of its due execution. (Roxas v. De Jesus)
c. The probate of the will is res judicata to
the prosecution of X. 167. A and B are married. They have children X,
d. X cannot be prosecuted anymore Y and Z. Before his death, A donated a
because of the presumption of parcel of land to X denominated as an
innocence especially with the probate of irrevocable donation. He died leaving a will
the will. but did not institute X. When the will was
(Art. 838, NCC) submitted to probate, X opposed on the
ground of preterition. Is X correct?
164. A & B are married. They have children, C &
D. C has an illegitimate child, E. A died in a. X is correct because he is an heir in the
2007 and B, C & D inherited from him. C, direct line, hence, entitled to his
specifically inherited a house & lot from A legitime.
located at Ayala Alabang. C died in 2009. b. X is not correct because the donation is
Who can inherit from C? an advance inheritance.
c. X is correct because donation being
a. B & D alone can inherit from C. irrevocable is not collationable.
b. E cannot inherit because there is a d. X is correct, otherwise, it would be
barrier between illegitimates and unfair to him being an heir of A.
legitimates. (De Roma v. CA)
c. E can inherit from C because the iron
curtain does not apply to C & E. 168. A executed a 5-page notarial will before a
d. E cannot inherit considering that the notary public and three witnesses. All of
only estate C left was his inheritance them signed each and every page of the
from A, hence, the iron curtain still will. One of the witnesses was B, the father
applies. of one of the legatees to the will. What is
the effect of B being a witness to the will?
165. A & B are married. They have a son C who
is married to D with children, E & F. C & D a. The will is invalidated;
b. The will is valid and effective;
Only 50
c. The legacy given to B’s child is not b. Grant it because the subsequent
valid; capacity cured the defect of the void
d. The will is valid and the legacy will be will;
given to B’s child because a will is the c. Deny probate because the will is void
voice of the testator even after death. ab initio;
d. Grant it since the will is extrinsically
169. A executed a holographic will disinheriting valid and complete
his eldest son for a valid and legal reason.
He did not institute his children B, C and D. 174. What do you call the act of a testator of
Is there preterition? designating a person to take the estate in
case of default of the instituted heir?
a. Yes, because of the total institution of
the descendants; a. Substitution
b. Yes, because failure to state the ground b. Representation
for the non-institution of the c. Institution
descendants; d. Accretion
c. No, because B, C and D shall inherit
from the estate of A by the rules of 175. In which of the following is the right of
intestacy; representation inapplicable?
d. No, because B, C and D are deemed
instituted. a. In case of predecease of an heir;
b. In case of repudiation by an heir;
170. A executed a holographic will disinheriting c. In case of incapacity of an heir;
his children B but did not institute C and D. d. In case of a valid disinheritance of an
Is there a need for the will to be probated? heir.
a. No more, because it would be an 176. When is the capacity of the testator

exercise in futility as no one will inherit considered?
on the basis of the will;
b. Yes, because without the will being a. At the time of the probate of the will;
admitted to probate the disinheritance b. At the time of the death of the
shall be ineffective; testator;
c. Yes, because a will shall not pass any c. At the time of the execution of the will;
right to the heirs unless it is admitted d. At the time of the allowance of the will.
to probate;
d. Both B and C. 177. A executed a will in English, but did not
understand the language. If the will is
171. When does the right of representation take submitted to probate, how do you think the
place? court will decide?
a. In the direct descending line; a. Deny probate because the will is void
b. If there is an adopted child; as he did not understand the language;
c. In the ascending line; b. Deny because he could not have
d. Even in the collateral line. written in a language he did not
understand;
172. In fideicommissary substitution when will c. Grant probate provided that it was
there be transmission of rights to the explained to him in a language
second heir? understood by him;
d. Deny because of the possibility of
a. Upon the death of the testator; fraud.
b. Upon the death of the first heir;
c. Upon the death of the last relative of 178. A died without leaving a compulsory heir.
the testator; Before he died, he donated his properties to
d. Upon the execution of the will by the the church. After his death, his brothers
second heir. questioned the validity of the donation. Is
their act correct?
173. At the time A executed his will there was a
pronouncement that he was insane. A week a. Yes, because they are compulsory
after he died, but he was already of sound heirs;
mind. If the will is submitted to probate, b. No, because they are not compulsory
how do you think the court will decide? heirs entitled to a legitimate;
c. Yes, because while the donor can
a. Grant it because A was of sound mind donate his properties, he must leave
at the time of death; something to his relatives;
Only 51
d. Yes, because of the close family ties of b. It will not admit the will to probate
Filipinos. unless probated first in Canada;
(Arellano v. Pascual, G.R. No. 189776, c. It will deny probate because of failure
December 15, 2010) to comply with the formalities under
Philippine law; (Art. 17, NCC)
179. A died leaving no compulsory heirs except d. It will admit the will to probate because
his brothers and sisters of the full blood and Canadian laws cannot apply in the
a cousin. How shall his estate be Philippines if proven as facts according
partitioned? to the rules of evidence.
a. The brothers and sisters and the cousin 183. The attestation in the will of A omitted to
will inherit in equal shares; state that the testator signed the pages of
b. The brothers and sisters will inherit in the will in the presence of the instrumental
equal shares; witnesses. Can evidence aliunde be
c. The cousin will get ½ of the share of admitted to prove such fact in the probate
each brother; proceeding?
d. The cousin is not entitled to any share
not being a collateral relative who is a. Yes, to give due course to the petition
entitled under the law of intestate for probate;
succession. b. No, because such fact cannot be
(Arts. 1003; 1004; Arellano v. Pascual, determined from an examination of the
G.R. No. 189776, December 15, 2010) will itself;
c. Yes, because the will of a person is his
180. A, the son of X and Y was indebted to B in voice even after his death; (Reyes v.
the amounted of P10M. Should the amount CA)
be brought to collation if X and Y paid the d. Yes, because the court should give
same? tender care to the will.
(Art. 805, NCC; Uy v. Sioca, 43 Phil.
a. No, because it is the duty of the 405; Tenefrancia v. Abaya, 47 O.G. No.
parents to support a child; 12, Suppl. P. 327 – oral evidence does
b. Yes, because it is a donation inter vivos not possess the reliability of an express
made to A, a compulsory heir, hence, statement in the attestation clause.)
an advance inheritance;
c. No, because A is merely indebted to X 184. Which is not correct in the following
and Y; statements:
d. No, because it was not gratuitously
given. a. Collation is a mere mathematical
(Arts. 1066 & 1069, NCC; 1061, NCC) operation by the addition of the value
of donations made by the testator to
181. X and Y sold a house and lot to their son the value of the hereditary estate;
valued at P10M for only P3M with the b. Collation is the return to the hereditary
condition that it will be delivered after their estate of property disposed of by
death. After their death, should the gratuitous title by the testator during
property be brought to collation? his lifetime;
c. One of the purposes of collation is to
a. Yes, because the contract was not a secure equality among the compulsory
sale but a donation inter vivos; heirs in so far as it is possible and to
b. Yes, because it was a donation mortis determine the free portion after finding
causa; the legitime so that inofficious
c. No, because it was not acquired by donations may be reduced. (6 Manresa
gratuitous title but by onerous title; 406)
(Reyes v. CA) d. There must be actual return of the
d. Yes, because it was a simulated sale as property donated. (Arellano v. Pascual,
the price is unusually inadequate. G.R. No. 189776, 15 December 2010)
182. A, while travelling in Cananda executed a PRESCRIPTION

will before Philippine Consul B with only two
(2) witnesses. Under Canadian Law, two (2) 185. A lent money to B in 1950 payable in 1951.
witnesses would suffice. When he arrived in Despite demand, B failed to pay. In 2011,
the Philippines he filed a petition for his daughter who recently became a lawyer
probate. How do you think the court will sent a demand for payment to B who sent a
decide? letter acknowledging the debt and asked for
one (1) year to pay but failed to pay within
a. It will admit the will to probate because the extended period. A filed a complaint for
of the doctrine of lex loci celebrationis;
Only 52
sum of money. How do you think the court b. The action will prosper because the
will decide? follow-up is the equivalent of demand
to comply;
a. Dismiss the action due to prescription; c. The action will prosper because in
b. Dismiss due to laches; reciprocal obligations rescission is
c. Decide for A because there was a implied in case of non-performance;
waiver of prescription acquired by B. d. The action will prosper, otherwise, A
(Art. 1112, NCC); will enrich himself at the expense of B.
d. Dismiss on the ground of estoppel.
189. A and B entered into a compromise
186. In 1980, during the lifetime of A’s parents agreement dated April 29, 2007 and
he executed a waiver of right over his approved on July 1, 2007. It states that A
future inheritance in favor of his brother B. will pay B the amount of P1M within one (1)
A predeceased his parents. After the death year from the execution of the agreement.
of his parents in 2010, B obtained a title What is the reckoning point of the one (1)
over the whole estate. Can A’s children year period?
recover their father’s share?
a. From the approval of the compromise;
a. No, because of prescription; b. From the receipt of the judgment based
b. No, because of laches; on compromise;
c. Yes, because laches cannot be set up c. From the date of the execution of the
to resist enforcement of an compromise;
imprescriptible right, hence the children d. 15 days after receipt of the judgment.
can vindicate their inheritance despite (Santos Ventura Hocorma Foundation,
the lapse of time. (Azner Bros. Realty Inc. v. Santos, 5 November 2004).
Corp. v. Heirs of Calipan, 28 May 2004;
Heirs of Roman Injug-Tiro v. Casals, 190. A and B entered into a contract, subject to
363 SCRA 435); the condition that in case the Senate will
d. No, because they were not paties to the not concur in to the treaty, neither party
agreement, hence, they have no will be liable. The Senate rejected it. Can A
personality. (Art. 1397, NCC). invoke force majeure or fortuitous event as
a ground to exempt himself from liability?
OBLIGATIONS AND CONTRACTS
a. No, because it is not an act of God;
187. A owes B the amount of P1M. C wrote B b. Yes, because of the binding effect of
that he would take care of the obligation as contracts;
soon as A had made shipment of copra to c. Yes, because while the non-
the USA. A failed to make the shipment. Is concurrence is foreseeable, it is beyond
C liable? their control;
d. Yes, because of the principle of liberty
a. Yes, because he assumed the obligation of contracts. (Philcomsat Corp. v.
voluntarily; Globe Telecom, Inc. 25 May 2004;
b. No, because he did not assume but Sicam v. Jorge, 8 August 2007).
merely committed to take care of the
debt; 191. A borrowed money from Metrobank and
c. No, because the suspensive condition executed a mortgage over his house and lot
did not happen; as security. No period has been agreed
d. Both B and C. upon on the date of payment. Before the
(Art. 1181, NCC – conditional lapse of ten (10) years, the bank foreclosed
obligation; acquisition of rights or the mortgage. Is the bank correct?
extinguishment of obligations depend
upon happening of event; Villanueva v. a. Yes, because of delay in the payment of
Girged, 110 Phil. 478) the obligation;
b. Yes, otherwise the action to foreclose
188. A and B entered into a contract for A to might prescribe;
manufacture boxes to be used by B for his c. No, because the proper remedy is for
export business. B paid the amount of P2M, the bank to file an action for the fixing
but A failed to manufacture the boxes of the period. (Art. 1197, NCC, Pacific
despite repeated follow-up of the immediate Bank v. CA, 5 May 1989);
production of the boxes. B filed a complaint d. Yes, because of the principle of solutio
for reimbursement of the P2M. indebiti.
a. The action will not prosper because of 192. A lent money to B with a penalty clause
lack of demand by B for A to fulfill his providing for 6% per month. In case a suit
obligation;
Only 53
is filed, what do you think the court will do b. No, because validity or compliance
with the penalty? cannot be left to the will of only one of
the parties;
a. It will declare it void because it is c. Yes, it is fundamentally part of the
contrary to law; consideration in the contract. (Allied
b. It will declare it void because it is Bank v. CA, January 16, 1998)
contrary to public policy; d. No, it is contrary to law.
c. It will reduce the penalty. (Art. 1229,
NCC); 197. The following enumeration is correct,
d. It will declare the penalty void as it is except:
contrary to morals.
a. Consensual contracts are perfected by
193. A entered into a contract of loan with B mere consent;
secured by chattel mortgage. There was a b. Real contracts are perfected by the
second contract of loan secured by a real delivery of the object;
estate mortgage with the condition that the c. All contracts are perfected by mere
latter will be an additional security for all consent;
obligations of A with B. For failure to pay d. Even if the lessor is obliged to deliver
the first, B foreclosed the chattel mortgage. the thing leased, it is still a consensual
Is the foreclosure proper? contract.
(Arts. 1315, 1316, 1654, NCC)
a. No, because of objective novation;
b. No, because with the execution of the 198. Consent in a contract is manifested by any
second, it extinguished the first; of the following acts, except:
c. No, because when the second was
executed, the incompatibility a. Delivery of downpayment;
extinguished the first; b. Delivery of earnest money;
d. Yes, because there was no extinctive
novation as there was no manifest c. Delivery of option money;
incompatibility of the two mortgages. d. Delivery of a letter accepting the offer
(People’s Bank v. Syvel’s, Inc., 11 with qualification.
August 1989). (Art. 1319, NCC)
194. Which of the following is not correct in 199. The following are correct in connection with
connection with the requisites of rescission? contracts of adhesion, except:
a. It must be gratuitous; a. Prepared by only one of the parties and

b. It must be accepted by the obligor; the other merely affixed his signature;
c. The obligation must be demandable. b. They are void as they are one sided;
(Art. 1270, NCC); c. They are binding as ordinary contracts;
d. It can be unilateral. d. Due to their peculiar nature, their
validity is determined in light of the
195. A owes money to B evidenced by a PN circumstances under which the
payable on A’s birthday. When A was stipulations are intended. (Sps.
celebrating his birthday, B put the PN inside Ermitaño v. CA, April 21, 1999)
an envelope and delivered it to A. What is
the effect of B’s act? 200. An action pauliana is an action to rescind
contracts in fraud of creditors. The following
a. Nothing as there was no intention to are its requisites, except:
extinguish the obligation;
b. Nothing as B did not state his intention a. Plaintiff asking for rescission has a
to condone the obligation; credit prior to the alienation although
c. The delivery of the PN implies the demandable later. (Panlilio v. Victoria,
renunciation of the action which B had 35 Phil. 706)
against A; (Art. 1271, NCC) b. Debtor has made a subsequent contract
d. Nothing as condonation must be conveying a patrimonial benefit to a
accepted. third person.
c. Creditor has no other legal remedy.
196. Is a stipulation in a contract of lease d. The third person was not a party to the
granting the lessee an exclusive right to fraud.
renew the contract valid? (Siquian v. Lim, November 19, 1999)
a. No, because it is violative of the 201. A is indebted to ABC Corporation in the

principle of mutuality of contracts; amount of P100M. Despite efforts to collect
from A, the latter failed to pay due to
Only 54
business reverses as he has no more c. The stipulation is valid because of the

assets. In order to maintain a more principle of mutuality of contracts.
accurate inventory of the worth of its d. The stipulation is valid because the
current assets, ABC Corp. was forced to non-involvement clause provides for
write-off A’s obligation. One (1) year later, time and place to prevent unfair
A won the lotto draw in the US in the competition and advantage.
amount of $100M. Learning of the good luck (Tiu v. Platinum Plans, Inc.)
of A, it demanded for payment, but A
refused to pay contending that his 204. When A’s obligation to B became due and
obligation was extinguished when it was demandable, A offered to pay, but refused
written-off. Is A correct? to accept payment. State the remedies of A.
a. A is correct because write-off is a mode a. A must make a tender of payment to B.

of extinguishing an obligation. b. A must make a tender of payment and
b. A is correct because write-off is a deposit the amount in court.
compromise of liability. c. A can go direct to court and deposit the
c. A is correct because write-off is a amount due in court.
condonation of an obligation. d. A must make a tender of payment,
d. A is not correct because in making the deposit the amount in court and make
write-off, only the creditor takes action a subsequent notice.
by removing the uncollectible account
from its books even without the 205. A & B entered into an oral contract of sale
approval or participation of the debtor, of A’s car worth P4.5M where the object was
hence, there is no extinguishment of supposed to be delivered upon payment of
the obligation. (Reyna, et al. v. COA, the price. When A went to B’s house to pay
G.R. No. 167219, February 8, 2011) the price, the latter refused to sell hence, a
complaint for specific performance was filed
202. X communicated to Y that he was selling his by A. will the complaint prosper?
house and lot and gave him an option to
buy the same up to the end of the month of a. The complaint will not prosper because
September. Y accepted the offer with an the contract is not enforceable as it is
agreement that Y will allow X to stay in his not in writing.
house in Los Angeles, California during b. The complaint will prosper because a
Christmas time that year. Is the option contract can be valid in whatever form
binding upon X? it may be entered into.
c. The complaint will not prosper because
a. The option is not binding since no the contract is void as it was not put
payment in the form of money was into writing.
delivered to X by Y. d. The complaint will prosper because of
b. The option is not binding because no the principle of mutuality of contracts.
property or anything of value was
delivered to X by Y. 206. A is a contractor, building roads for the
c. The option is binding as the government which has not paid him P100M.
consideration can be in an undertaking. Before he filed his income tax returns, he
d. The option is not binding or void wrote a letter to the BIR Commissioner
because no consideration at all was proposing a set-off between the State and A
paid. considering that his tax liability amounts to
(Eulogio v. Apeles; Vda. de Quirino v. P10M and the State has not paid him
Palarca; Serra v. CA) despite demand. Is A correct?
203. A was employed by ABC Co. as manager in a. A is correct because the State and A
Metro Manila subject to the condition that if are mutually debtor and creditor of
A will be severed from the company, each other.
voluntarily or involuntarily, he cannot get b. A is not correct because tax is the life
involved in any business of the same nature blood of the government.
with ABC’s business in Metro Manila within a c. A is correct, otherwise, the State would
period of six (6) months from severance. Is enrich itself at the expense of A.
the stipulation valid? d. A is not correct because a tax is
different from an ordinary debt, and
a. The stipulation is not valid because it is they are not mutually debtors and
contrary to public policy. creditors of one another.
b. The stipulation is not valid because it is
contrary to law, as it is a restraint of 207. A is indebted to B in the amount of P2M.
trade. When the obligation became due and
demandable B delivered to A his car and A
Only 55
accepted it. A month later A sued B for sum b. File an action to nullify;
of money. Can B interpose the defense of c. File an action for reformation;
dacion en pago? d. File an action to enforce.
a. B can interpose the defense of dacion
en pago, because of the acceptance of 211. Who may file an action to annul a contract?
the object.
b. B can interpose the defense of a. Any person;
extinguishment of the obligation by way
of novation.
c. B can interpose the defense of novation c. The State as protector of the rights
since the delivery of the car resulted in of its citizens;
a change of relationship. b. A party primarily or subsidiarily bound;
d. B cannot interpose the defense of
novation because novation cannot be
presumed, it must be expressly agreed
upon. d. Heirs of a party.
(Phil. Lawin Bus Co. v. CA; 1245) (Art. 1397, NCC)
208. A called up B that he was selling his house 212. What is the remedy of a party whose right
and lot for P10M. Within one (1) hour after of first refusal to buy a property was
B accepted the offer, he invited A for dinner violated?
at the Manila Hotel where B paid the dinner
in the amount of P5,000.00. They agreed a. Action for declaration of nullity of the
that the P5,000.00 was the downpayment. contract;
A receipt for the payment of P5,000.00 for c. Action for annulment;
the dinner was issued. When A refused to b. Action for rescission;
sell, B sued for specific performance. Is B d. Action to declare the contract
correct? unenforceable.
(Guzman, Bocaling & Co. v.
a. B is correct because the contract has Bonnevide)
been partially executed due to the
agreement that the P5,000.00 paid for 213. In which of the following is a contract of
their dinner constituted the sale not perfected?
downpayment.
b. B is not correct since the contract is a. Giving of downpayment;
unenforceable as it was not put to b. Giving of earnest money;
writing. c. Giving of option money;
c. A is wrong because the contract is d. Accepting the offer.
unenforceable as there was no payment (Art. 1319, NCC)
of the price.
d. The contract is valid because it has all 214. The following statements are correct,
the elements of a valid contract. except:
(Asia Productions, Inc. v. Paño)
a. A right of first refusal is without any
209. ABS-CBN entered into a contract with WR consideration;
under certain terms and conditions. Both b. In granting a right of first refusal, the
parties violated their contract, to the extent period has yet to be determined at a
that WR transferred to another station future time;
despite the contract. c. In granting a right of first refusal, the
amount to be paid will be determined at
a. ABS-CBN can rescind the contract a future time;
because of material breach committed d. A right of first refusal must be
by WR. supported by a consideration in the
b. WR can rescind the contract due to form of money to be binding. (Vasquez
violations committed by ABS-CBN. v. CA)
c. The court will not grant rescission
because of mutual breach. 215. All the statements below are correct,
d. The court will not rescind the contract, except:
but will just temper the award of
damages in its judgment. a. An option contract is separate and
(1193) distinct from the contract of sale;
b. An option contract must be supported
210. What is the remedy if a document does not by consideration distinct from the price;
reflect the true intention of the parties?
a. File an action to annul;
Only 56
c. An option contract can only be a. No, because the contract is the law
supported by consideration in the form between the parties;
of money; b. No, because of the principle of
d. An option contract can be supported by mutuality of contracts;
consideration in the form of an c. Yes, because the stipulation is contrary
undertaking. to morals and public policy. (Cui v.
(Eulogio v. Apeles, January 20, 2009; Arellano Univ., May 30, 1961; Art.
Vda. de Quirino v. Palanca; Serra v. 1306, NCC)
CA; Sanchez v. Rigos) d. No, because of the principle of solution
indebiti.
216. A and B entered into a contract for A to
construct a 20-door apartment for B. 219. X brought a house and lot from Y valued at
Payment shall start after the construction of P5M. He paid P3M and for the balance, he
ten (10). A subsequent agreement was executed a promissory note with interest at
entered into that payment will start after 10% to be paid within 90 days. ABC
construction of seven (7). What is the effect Corporation executed a surety for the
of the subsequent agreement? balance. X failed to pay, hence, ABC paid
the amount and sued X for the interest and
a. It is extinguished the obligation partly the principal. X contended that he is not
because of novation; bound due to novation when Y accepted the
b. It is a modificatory novation as there security. Is X correct?
was a change in the principal terms
and conditions of the contract; a. Yes, because there is complete
c. It is an extinctive novation as the two incompatibility between the PN and the
(2) agreements are incompatible; surety bond;
d. It did not alter the relationship as it has b. No, because the two contracts, PN and
no effect at all. surety can stand together, the surety
(Tomimbang v. Tomimbang, August 4, being merely an accessory to the
2009) original contract;
c. Yes, because of implied novation;
217. A entered into a contract of sale over B’s d. Yes, because the surety is a new and
house and lot but since there is a balance separate contract.
which remained unpaid, A executed a
mortgage over the house and lot. A failed to 220. State the effect of illegal or immoral
pay. Can B rescind the contract? conditions in donations con causa onerosa.
(onerous donations.)
a. Yes, because of material and
substantial breach; a. The condition is considered as not
b. Yes, because there was delay in the imposed regardless of whether negative
payment of the price; or positive;
c. No, because the relationship is no b. Since the donations are governed by
longer that of buyer and seller, but the law on contracts, the impossible or
mortgagor and mortgagee. illicit conditions annul the obligation
d. No, because the remedy is to foreclose dependent upon the condition where
the mortgage, rescission not being the the condition is positive and
principal remedy, but merely suspensive;
subsidiary. c. The illegal condition annulled the
(Art. 1383, NCC) donation/contract even if the
impossibility merely supervened;
CONTRACTS d. Impossible or illegal conditions do not
annul totally the obligations which
218. A, was a consistent scholar at a prestigious depend upon them.
university enjoying free tuition fees, books, (Art. 1183, NCC – Illegal or impossible
clothing and housing allowances and was conditions annul the obligation which
given a cash allowance of P25,000.00 per depends upon them.)
month. Due to some family problems, he
decided to go back to General Santos City 221. A sent a document letter to B and obligated
and enrolled at Holy trinity College, but himself to give him P10M when he will feel
before he could obtain his credentials, he like doing it. A year later, B wanted to
was required to refund the amount of enforce the commitment of A. What would
P300,000.00 equivalent to the privileges he be your advice if you were the counsel?
enjoyed as that was the condition in the
scholarship grant. Can he recover the a. I would advice him to enforce it
amount? because the letter is akin to a contract;
Only 57
b. I would advice him to enforce it

because the letter is a source of a 226. The following are void contracts, except:
demandable obligation;
c. I would not advice him to enforce since a. Where the stipulation is contrary to
the promise is void as the performance law, public order, public policy, morals;
depends upon the sole will of A; (Art. b. Where the object is inexistent;
1182, NCC) c. Where the price or consideration is not
d. I would advice him to enforce because reflected in the document that
the letter is an express evidences that contract;
acknowledgment of an obligation. d. Where the stipulation refers to an
impossible condition.
222. A and B entered into a contract of sale over (Art. 1409; 1354, NCC)
A’s property. The document that evidences Note: There is a presumption of
the contract did not state how much was consideration even if the document that
paid, but A delivered the property to B. evidences the contract does not reflect
What is the nature of the contract? the price or consideration. (Art. 1354,
NCC)
a. Void;
b. Valid; 227. What is the nature of a contract where the
c. Unenforceable; buyer did not pay the price?
d. Rescissible.
(Art. 1354, NCC, there is a presumption a. Void;
of consideration even if the document b. Rescissible
that evidences the contract does not c. Voidable;
state how much was paid.) d. Unenforceable.
(Arts. 1534; 1592, NCC)
223. A school granted scholarship to EC but
subject to the condition that if he will 228. A sold his house and lot to B for P10M
transfer to another school, he will refund all payable in 10 monthly installments. B paid
benefits he has already enjoyed. Is the P9M but failed to pay the last installment.
stipulation valid? What is the remedy of A?
a. Yes, because of the principle of a. Can file an action to declare the

mutuality of contracts; contract void;
b. Yes, because of the principle of b. Can file an action to rescind the
relativity of contract; contract;
c. No, because it is contrary to morals c. Can file an action to enforce and collect
and public policy; the balance;
d. No, because it is contrary to law. d. Can file an action to rescind.
(Cui v. Arellano University) (Art. 1191, NCC)
Note: Rescission is not the proper
224. When A borrowed money from B, the latter remedy, otherwise it will result in
gave him a check for P10M as it was a unfairness, and that the breach is not
Sunday. Was the contract of mutuum material, but slight only.
perfected?
229. X, Y & Z entered into a contract of loan with
a. Yes, because the contract is valid in A obligating themselves solidarily to pay to
any form; A without need of demand on June 16. A
b. Yes, because the delivery of the check condoned X’s obligation; Y is insolvent. How
in an evidence of perfection; much can A collect if the amount is
c. Yes, because of the principle of P900,000.00?
mutuality;
d. No, unless the proceeds of the check a. The full amount because anyone of the
shall have been delivered. solidary debtors can be required to pay.
b. P300,000.00 because of the
225. A induced B to violate his contract with C condonation and insolvency of two (2)
resulting in damage to C. Under what rule is of the solidary debtors.
A liable for damages? c. P600,000.00 by suing X & Z where Z
will pay P300,000.00 plus P150,000.00
a. Liability is based on contract; as his share in Y’s obligation and where
b. Liability is based on crime; X will pay P150,000.l00 as his share in
c. Liability is based on tort; Y’s obligation, but with a right of
d. there is no basis for liability of A die to reimbursement.
lack of privity. d. P900,000.00 chargeable against Z but
(Art. 1314, NCC) with right of reimbursement.
Only 58
a. A is not correct because he is merely a

230. X and Y executed a contract of lease, which trustee in an express trust.
provides as follows: “In the event that the b. A is not correct because he did not
lessee fails to pay on or before the due date repudiate the trust, it being an express
of payment herein specified, the contract is trust.
deemed automatically terminated” and the c. A is correct due to laches, B & C having
lessee can be evicted without need of kept silent for so long.
judicial order. Suppose that Y, the lessee d. A is correct because one year after the
fails to pay the rentals after giving a registration of the property, his title
demand letter, may X, the lessor evict Y became indefeasible.
immediately?
a. No, because it is a principle in law that 234. A is the owner of a parcel of land covered
a person cannot take the law into his by TCT No. 1. Through an oral agreement
own hands. between B & A. A agreed that the property
b. No, because judicial order is required. be registered under the name of B so that
c. Yes, because X, as the owner has a he can use it in securing a loan with
superior right to possess the property. Metrobank. When A sought to recover the
d. Yes, under the principle of mutuality of property from B, the latter refused
contract. contending that he was the owner of the
(By the Bay Inc. case) same. Is the contention of B correct?
ESTOPPEL AND TRUST a. B is correct because his ownership is

evidenced by a title.
231. A has in his possession B’s car. He sold it to b. B is wrong because he is holding the
C without the consent of B, but one day property merely in trust for A.
thereafter B sold the same car to B. Who is c. B is correct because A cannot prove
the owner of the car? that there is trust considering that the
same was not put into a public
a. B because the sale by A to C is void; instrument.
b. C, because A’s title which he acquired d. A can recover and prove that there was
from B passed to C by operation of law; trust even if not in a public instrument
c. B because A could not have sold what because the requirement is merely for
he did not own; purposes of convenience.
d. C because of estoppel.
(Art. 1434, NCC) 235. With abuse of confidence, A was able to
register a real property belonging B in 1990.
232. A & B are married. Out of the inheritance of B discovered it in 2011. Can B file an action
A in the amount of P10M, they bought a to recover his property?
house and lot and registered it under the
name of B. State the relationship between A a. Yes, because the title of A is void;
& B? b. Yes, provided that he files an action
within four (4) years from the discovery
a. B can claim to be the exclusive owner of the act of A;
being the registered owner. c. No, because the action has prescribed
b. B is holding the property for the as 10 years have already passed since
conjugal partnership since there is a the registration of the property;
presumption of conjugality of a d. Yes, because there was no act of
property acquired by onerous title repudiation of the trust.
during the marriage.
c. B is holding the property in trust in 236. Which of the following statements is
favor of A. correct?
d. B can properly contend that the
property shall be divided into two(2) a. A verbal trust on immovable is void;
upon the dissolution of their marriage. b. Verbal trust on immovable may be
(Art. 1448, NCC) proven as the requirement that it be in
writing is not for its validity but for
233. In 1990, A, B & C purchased a real property purposes of enforceability;
but agreed that the same be registered c. Verbal trust on immovable cannot be
under the name of A. In 2009, B & C asked waive since the law requires it to be in
for partition, but A contended that he was writing which is mandatory;
already the exclusive owner more than 20 d. Verbal trust on immovable cannot be
years on the ground of laches having lapsed proven in court as it is covered by the
since the registration of the property under Statute of Frauds.
his name. Is A correct? (Penalber v. Ramos, January 30, 2009)
Only 59
SALES circumstances that would impel him to

make inquiry into the status of the land
237. A sold a car to B on installment basis due to the presence of C.
secured by a chattel mortgage over the d. B is a buyer in good faith because there
thing and a promissory note co-signed by C. was no annotation of C’s right if there
A failed to pay four (4) monthly be any.
installments. Under the contract in case of (Mirror Doctrine)
non-payment, the vendor can exercise any
of the remedies under Art. 1484, NCC and 240. A is the owner of a parcel of land. He
in case of deficiency, the seller can recover entered into a contract to sell with B with an
the balance. What is the remedy of A? obligation to pay the price within one (1)
year. B failed to pay. State the effect of
a. A can file an action for the foreclosure non-payment.
of the mortgage and recover the unpaid
balance because of the contract. a. The contract is rescissible, for failure of
b. A can foreclose the mortgage and B to pay.
recover the unpaid balance because the b. The contract is void for failure to pay
Chattel Mortgage Law does not prohibit the price.
recovery. c. A does not need to perform an act of
c. A can foreclose the mortgage but rescission because the payment of the
cannot recover the unpaid balance price is a positive suspensive condition,
because it is absolutely prohibited by the happening of which would result in
law. A executing the deed of sale.
d. A can foreclose the mortgage and can d. A can go to court and compel B to pay.
recover the unpaid balance from C
since B & C are solidarily liable. 241. A & B entered into a contract of sale, A,
(Art. 1484, NCC; Recto Law; Magna obligating himself to deliver his house and
Financial Services, Inc. v. Colorina) lot to B who obligated himself to pay P2M
upon delivery. B has already paid, but A has
238. A entered into a contract of sale over his not delivered the house and lot despite
undivided 1/5 of the estate of his father demand. State the remedy of B.
during the pendency of the intestate
proceeding with the condition that the same a. B can sue A for rescission of the
shall be approved by the intestate court. Is contract because of breach of contract.
the contract valid? b. B can sue A for rescission because of a
material breach.
a. The contract is void because the right is c. B can sue A for rescission because of
a mere expectancy since the estate has lesion.
not yet been divided. d. B can sue A for declaration of nullity of
b. The contract is valid only if the court the contract.
approves it.
c. The contract is valid because the 242. What is the nature of a contract which
condition that it be approved by the states that in case the buyer complies with
court is a mere condition for the terms and conditions of the same, the
performance. seller shall execute and deliver to the buyer
d. The contract is void because approval a deed of sale?
of the court must be obtained before a. Contract of sale ;
the sale. b. Contract to sell;
(Santos v. CA; Art. 777, NCC – not for c. Conditional sale;
validity) d. Installment sale.
239. A sold a parcel of land covered by TCT No. 9 243. X and Y entered into a contract of sale over
to B. At the time of the sale, B knew that C a parcel of land with an area of 4,000
has been in possession of the parcel of land square meters more or less. When the title
as early as 10 years before the sale. B was issued, it was 14,475 sq. meters. The
however checked with the Registry of Deeds buyer contended that he owned the whole
and found the title to be clean. Is B a buyer lot of 14,475 sq. meters as it was sold in
in good faith? lump sum, hence, the seller should deliver
the whole lot. Is the buyer correct?
a. B is a buyer in good faith because at
the time of the sale, the title was clean. a. The buyer is correct because in sale in
b. B is a buyer in good faith because he lump sum, the whole property is sold
merely relied upon the face of the title. regardless of the area;
c. B is not a buyer in good faith because
he had actual knowledge of facts and
Only 60
b. The seller can be compelled to deliver

the 14,475 sq. meters because it is a. A bears the risk of loss as he has not
covered by the phrase “more or less”; yet vested ownership to B.
c. The seller cannot be compelled to b. A has to bear the risk of loss because
deliver the 14,475 sq. meters because he was in possession of the house at
the phrase “more or less” covers only a the time of loss.
reasonable excess deficiency; c. B bears the risk of loss as an exception
d. The seller can be required to deliver the to the principle of res perit domino;
14,475 sq. meters because the d. A has to bear the risk of loss since he
numerical data are not the sole gauge was negligent.
of unreasonableness of the excess or (Art. 1480; 1265, NCC)
deficiency in area. Buyer assumes the risk of loss due to
fortuitous event and without A’s fault
244. A, B, C, D are the co-owners of a parcel of before he incurs in delay.
land. A sold his undivided share to X with The reason is because he is also
the knowledge of his co-owners. One (1) entitled to any benefit if there is an
year after the sale, they wanted to exercise increase and vice versa.
the right of legal redemption, but A and X
refused. Whose contention is correct? 248. What is the nature of an earnest money?
a. They are not entitled to exercise the a. Same as option money.

right of legal redemption because the b. It is proof of an intention to buy.
30-day period has already lapsed as c. It is actually a partial payment of the
they knew of the sale; purchase price and considered as proof
b. They can exercise the right of legal of the perfection of the contract.
redemption within 20-days from receipt (Topacio v. CA, 211 SCRA 219;
of written notice of the sale; Laforteza v. Machuca, 333 SCRA 642)
c. They cannot exercise the right of legal d. It forms part of the consideration even
redemption because knowledge of the if the sale is not perfected or
sale is not equivalent to registration consummated. (Chua v. CA, 401 SCRA
hence, the 30-day period has already 54)
lapsed; (It forms part of the purchase price
d. They cannot exercise the right of legal only if the sale is consummated and
redemption due to estoppel. perfected. It is deducted from the
(Art. 1623; Si v. CA) price.)
245. A sold his house and lot to B worth P1M for 249. A entered into a contract of sale with pacto
P100,000.00. Is the sale valid? de retro over B’s house & lot. The house is
valued at P10M. B failed to exercise the
a. Yes, even if there is gross inadequacy. right to repurchase. State the effect of B’s
failure to exercise the right to repurchase.
b. Voidable;
a. B can consolidate his ownership to
c. No, because the price is simulated.
become the owner.
d. Unenforceable.
b. B need not consolidate his ownership
(Art. 1471, 1470, 1602, NCC)
because by the mere lapse of the
period to repurchase, he became the
246. A and B entered into a contract of sale over
owner.
A’s house but did not reflect the actual
c. B cannot consolidate his ownership
purchase price. What is the nature of the
because that would amount to pactum
contract?
commissorium.
d. B cannot sell the property as he is the
a. Valid and relatively simulated contract
owner.
but can be reformed.
(Art. 1607, NCC)
b. Void as there is total lack of
consideration.
250. A, a practicing lawyer represented B in the
c. Voidable due to lack of consideration.
intestate proceedings of his father. The
d. Unenforceable.
agreement is on a contingency basis as B
(Art. 1471; 1359; Macapagal v.
did not have money to pay the services of
Remorin, 458 SCRA 652)
A. To secure the payment of B’s obligation,
they executed a mortgage over ¼ of what B
247. A sold his house to B for an agreed price.
will receive from the estate of his father. Is
Before it could be delivered it was hit by
the mortgage valid?
lightning and it was totally lost. State the
effect of the loss.
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a. Yes, because what is prohibited by law is d. All payments are forfeited.

sale between the client and the lawyer; (Sec. 24)
b. Yes, because it merely serves as security for
the payment of an obligation;
c. No, because even if what is prohibited by 255. A entered into a contract to sell over a
law is sale, it is a circumvention of the law; residential lot. He has already paid more
d. Yes, because of the liberty of contracts. than 2 years installments. Thereafter, he
failed to pay. What right does A have if the
251. A obtained a loan from B. To secure the contract is cancelled?
payment of the obligation, A delivered the
warehouse quedans to B and authorized a. He has the right of reimbursement of
him to sell the sugar in case of default. The all his payments regardless of the
warehouse and the sugar were burned. Who number of years of payment;
bears the loss? b. He has the right to seek for a grace
period of 1 month for every year of
a. B bears the loss because he became installment payments;
the owner of the sugar when the c. He has the right of refund of the cash
quedans were delivered to him; surrender value of the payments on the
b. B because of the principle of res perit property equivalent to 50% of the total
domino; payments made;
c. By reason of the principle of res perit d. He has the right of reimbursement of
domino A bears the risk of loss; 100% of his installments after payment
d. B because of the constructive delivery for five (5) years.
of the sugar. (Note: Limit of reimbursement after
(Delivery of the quedan was merely to payment for 5 years is 90%.)
secure the payment of the debt.)
256. If the buyer of a subdivision lot in a contract
CONDOMINIUM LAW; PD 957; MACEDA LAW to sell under the Maceda Lawfails to pay
RA 6552 after payment of at least two (2) years of
installments, can he still pay the balance?
252. In the following, there is no need for the
issuance of a license to sell, except: a. Yes, with additional interest he can pay
the unpaid installments due with a
a. Sale of subdivision lot resulting in the grace period of one (1) month for every
partition by co-owners; year of installment payments;
b. Sale of the original purchaser of a b. Yes, without additional interest he can
subdivision lot or his heirs; pay the unpaid installments with a
c. Sale by a subdivision developer; grace period of one (1) month for every
d. Sale of a subdivision lot for the account year of installment payments;
of the mortgagee. c. Yes, provided that he pays additional
(Sec. 7, PD 957) amount of penalty;
d. Yes, provided that he pays the full
253. If there is a subdivision lot buyer and there amount of the price.
is no development and he does not pay, to (Maceda Law)
what extent can he ask for reimbursement
of his payments? 257. If the seller cancels the contract to sell
under the Maceda Law, when will it take
a. Total amount paid; effect after receipt of notice of cancellation
b. 25%; or demand for rescission by notarial act?
c. 50%;
d. Total amount paid including interest a. 10 days
but excluding delinquency interest at b. 30 days
the legal rate. c. 20 days
d. One (1) year
254. The following rules are correct in case the
buyer of a subdivision lot fails to pay the 258. How often can the buyer under the Maceda
installments, except: Law make use of the grace period of one (1)
month for every year of installment
a. He is given a grace period of 20 days payments?
for every year of payment;
b. He is entitled to 50% reimbursement of a. Every 10 years of the life of the
payment; contract and its extensions if any;
c. There may be cancellation of the b. Every five (5) years of the life of the
contract 30 days after receipt of notice contract;
of cancellation;
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c. Every two (2) years of the life of the b. That the period originally agreed upon
contracts; shall likewise be the period in the
d. There is no limit. renewed contract.
Note: Down payments, deposits or c. That the right to purchase agreed upon
options on the contract are included. in the original contract is impliedly
renewed.
259. If the buyer under the Maceda Law has paid d. That all the provisions of the original
less than two (2) years of installments, contract are carried over into the
what is the grace period he is entitled to impliedly renewed contract.
from the date the installments became due? (Conchita Vda. de Chua v. CA)
a. 20 days; 263. A is the owner of a parcel of land adjoining

b. 60 days; B’s lot. B, knowing that the lot did not
c. 30 days; belong to him constructed his house on the
d. 40 days. lot belonging to A. Which of the following is
the not correct?
LEASE
a. A can appropriate the house without
260. A & B entered into a contract of lease over paying any compensation.
A’s house and lot. Without the consent of A, b. A can eject B.
B assigned the lease to C. Is the assignment c. B is entitled to at least 50% of the
valid? value of the house in the interest of
justice and inorder that no one shall
a. The assignment is valid because B has enrich himself at the expense of
the right of possession over the leased another.
property and can transfer it to anyone. d. A can compel B to buy the land even if
b. The assignment is void because of lack the value is considerably more than the
of consent of A. value of the improvement.
c. The assignment is void because the (Art. 449, NCC)
same partakes of the nature of
subjective novation which needs the 264. A leased his house and lot to B with “option
consent of A. to renew.” How will the contract be
d. The assignment is valid since it is a renewed?
property of B which can be disposed of.
(Art. 1649, NCC; Rodrigo Bangan v. a. At the option of B;
CA) b. At the option of A;
c. Automatically;
261. A leased his house & lot to B who subleased d. Upon agreement of A and B as it must
it to C. B failed to pay the rentals. What be interpreted to be reciprocal in
does A have against C? character where the renewal is subject
to agreement of the parties.
a. A can sue C for the rentals. (lc & Co. & Agro-Industrial Corp. v.
b. A can hold C liable for the rentals by Huang, March 7, 2002)
suing him for ejectment.
c. A can hold C liable for the rentals, but PARTNERSHIP
the liability is merely subsidiary.
d. A can never make C liable for the 265. A partnership begins from:
rentals because of lack of privity
between them. a. The moment of the execution of the
(Art. 1652, ; Wheelers’ Club Int’l. v. contract;
Bonifacio) b. The moment of the notarization of the
document of partnership;
262. A contract of lease was entered into c. The registration with the SEC;
between A & B with a provision that it is for d. The moment all contributions are paid.
a period of 5 years renewable for another 5 (Consensual contract)
years. The contract expired on June 30,
2010 but up to now, the lessee is still in 266. What does the sharing of gross returns in a
possession of the premises. What does the business undertaking mean?
implicit renewal of the contract mean?
a. Conclusive evidence of partnership;
a. That all the provisions of the contract b. Prima facie evidence of partnership;
relative germane to possession are c. Does not establish a partnership
renewed. whether or not the persons sharing
them have a joint or common right in
Only 63
any property upon which the returns partnership, plus interest, from the
are derived. time the expenses are made; (Art.
d. Disputable presumption of partnership. 1796, NCC)
(Art. 1769, NCC) b. Unless otherwise agreed upon, all
partners shall be considered agents and
267. A, B and C formed a partnership with C whatever any one of them may do
contributing an immovable, but no alone binds the partnership; (Art.
inventory of such immovable was attached 1803(1); Art. 1818)
to the contract. Is the contract valid? c. Anyone of the partners may make
important alterations on the immovable
a. The contract is valid because a contract property of the partnership; (Art. 1803,
is valid in any form it may be entered NCC)
into; d. Admission or representation made by a
b. The contract is voidable; partner concerning partnership affairs
c. The contract of partnership is void; is evidence against the partnership.
d. The contract is unenforceable. (Art. 1820)
(Art. 1773, NCC) Note: None of them can make any
alterations in the immovable property,
268. A, B and C are the partners. A conveyed to even if useful to the partnership,
X his whole interest in the partnership. without the consent of the others. If
What is the effect of the conveyance? the refusal is manifestly prejudicial to
the partnership, courts’ intervention
a. It dissolved the partnership; may be sought. (Art. 1803)
b. The assignee became a partner;
c. The assignee has the right to interfere 272. When is solidary liability in partnership
in the management or administration of provided for by law?
the partnership business;
d. Merely gave him the right to receive his a. If there is a tortuous act committed by
shares in the profits (Art. 1813, NCC) a partner causing damage to third
person.
269. When may a partner who was appointed as b. If it was the partnership that
manager in the articles of partnership be misapplied or misappropriated the
removed? money or property.
c. If money was received by the agent of
a. May be removed at anytime; the partnership acting within the scope
b. May be removed with just or lawful of his authority, but the same was
cause by majority of the partners; misapplied or misappropriated.
c. May be removed for just and lawful d. All of the above.
cause by a vote of partners
representing controlling interest ; AGENCY
d. May be removed by order of the court.
(Art. 1800, NCC). 273. P appointed A, his agent to manage his
business in the United States of America. A
270. If a partnership has a capital of more than died and his son, S, managed the same
P3,000.00 and it is not registered, is the until P could appoint another agent to
contract valid? personally take over. The agency of S is one
based on:
a. Void;
b. Voidable; a. Ratification;
c. It does not invalidate the same as b. Necessity;
among the partners so long as the c. Estoppel;
contract has the essential requisites. d. By operation of law.
d. Unenforceable.
(Sung-Chan v. Chua, August 15, 20010 274. P appointed A, his agent for the purpose of
The main purpose of registration is to selling the former’s car for P500,000.00. A
give notice to third persons and it can sold the car in his name to B. After delivery,
be assumed that the members it was found out that the car has hidden
themselves knew of the contents of defects which rendered the car unfit for the
their contract. purpose of B. Can B file an action against P
even if A acted in his own name?
271. In connection with the rule of mutual
agency of the partners in a partnership a. No, because the legal principle than
which of the following is not correct? becomes applicable is caveat emptor.
a. Partnership is liable to every partner for
amounts disbursed on behalf of the
Only 64
b. Yes, because while the agent acted in 279. A wrote his brother B authorizing the latter
his own name but the agency involves to sell a parcel of land belonging to him
a thing belonging to the principal. located in Cagayan Valley. On the strength
c. No, since in the law on agency, the of such letter-authority, B sold the land. Is
Rule is that if the agent acted in his the sale valid?
name, the principal is bound to the
third person and the third person does a. No, because the letter-authority must
not become bound to the principal. be in a public instrument.
d. No, because the contract is already b. No, because the letter-authority must
perfected and executed. be participated in a notary public.
(Art. 1883) c. Yes, because it is sufficient that the
letter-authority be in writing.
275. A special power to sell on credit includes the d. No, sale in invalid.
power to:
280. A, B and C formed a limited partnership.
a. Mortgage They named their partnership AB&C. In
b. Sell in cash 2008, the firm incurred an indebtedness of
c. Barter P5M. A suit was filed for the recovery of
d. To enter into a contract of pledge. debt. Which of the following statements is
correct?
276. In an agency to sell real property which of
the following renders the authority and a. No partnership was constituted because
contract of sale valid? the word “limited” was omitted in the
partnership name.
a. General power of attorney, granting the b. B and C as limited partners are liable
agent authority to sell real property, only up to the extent of their
not put into writing. contributions.
b. General power of authority put into c. All are liable as general partners.
writing without authority to sell. d. A, B and C are not liable because there
c. A special power of attorney put into was a defect in the formation of their
writing authorizing the agent to sell partnership.
real property of the principal.
d. Special power of attorney couched in 281. A constituted B as his agent to sell his
general terms without referring to property. B found C as the buyer who was
specific acts of dominion. willing to buy under the terms agreed upon
but suddenly A changed his mind and
277. Under the law on agency, what is the nature decided not to sell the property. One week
of the act when an agent violates the terms later, A and C, entered into a contract of
of the agency and acts outside the scope of sale over the property. Is B entitled to
the authority vested in him? commission?
a. Void; a. No, because when A decided not to sell,

b. Unenforceable; his agency was terminated;
c. Voidable; b. No, because he was not the procuring
d. Valid and binding upon the principal. cause;
c. Yes, because A acted in bad faith.
278. Donna, authorized her friend Joyce to sell (Infante v. Cunanan, 49 O.G. 3320;
his Prada bag worth P100,000 on Art. 19, NCC)
installment basis. Joyce, however, sold the d. Yes, because he did not give justice to
bag on cash in contravention of the B in the exercise of his right.
authority given to her. Was the sale valid? (Authority was terminated.)
a. No, because the agent acted beyond Negotiorum Gestio

the scope of his authority.
b. Yes, because the sale in cash redounds 282. What is not a requirement for existence of
to the benefit of Donna. Hence, despite negotiorum gestio?
violation of the authority given, the
sale is valid. a. A property or business is neglected or
c. Yes, because Donna as principal is abandoned by the owner.
always bound by the act of his agent, b. A person has been constituted manager
Joyce. of the property or business so
d. No, because the agent violated the abandoned.
terms of the authority given to her. c. The management of the owner’s
business was assumed by another not
an owner or manager so authorized.
Only 65
d. The management exists only until the

incidents giving rise thereto cease. LOANS
(Note: There is agency.)
287. A obtained a loan from Metrobank. As
283. A sold a parcel of land to B covered by TCT security, he delivered and deposit certificate
NO. 152 with C as a witness. When D maturing on April 29, 2011. A failed to pay,
wanted to buy a property, he executed a hence, the bank encashed the deposit
special power of attorney for E to buy a certificate. A contended that it is pactum
property for him. E entered into a contract commissorium. Is A correct?
of sale with A for the purchase of the same
lot and registered it under the name of D. a. Yes, because the encashment is an
Who between B and D has a better right automatic appropriation of the security;
over the lot? b. A is not correct because the bank had
yet to perform an act to appropriate the
a. D has a better right because of prior money deposited;
registration; c. A is not correct because the act done
b. B has a better right because he is the was a matter of compensation; (BPI v.
first buyer; CA, 232 SCRA 302; Art. 1980, NCC)
c. D has a better right because he is the d. A is correct because there can be no
buyer in good faith; compensation since the relationship
d. D has a better right because the between the bank and A is one of
knowledge by his agent of a prior sale deposit.
is immaterial.
288. A entered into a contract whereby he
284. When is the guarantor liable for the obligated himself to pay B on or before
obligation of the debtor? September in the form of Australian
currency. When the obligation became due
a. Once the obligation becomes due and and demandable, A delivered to B Australian
demandable; currency. Is A correct?
b. Only after judgment is obtained against
the principal debtor and he is unable to a. B can refuse to accept the payment
pay; (Baylon v. CA, August 17, 1999) because the currency being offered is
c. The moment the judgment against the not legal tender in the Philippines.
debtor becomes final and executory; b. A is correct in offering Australian
d. Once demand is made for both the currency because of the contract.
debtor and guarantor to pay. c. A is not correct because the stipulation
(JN Dev. Corp. v. Philguarantee, August to pay in Australian currency is void
31, 2005) because it is contrary to law.
d. A is not correct because the stipulation
285. The guarantor paid the obligation of the to pay in the form of another currency
debtor when demand is made. Can he ask is void because it is contrary to public
for reimbursement? policy. (RA 8183)
a. No, because he is a voluntary payor; 289. A & B entered into a contract of loan in the
b. No, because judgment has yet to be amount of P1M with interest at 192% per
obtained against the debtor; annum. When the obligation became due
c. No, because he has not been able to and demandable B failed to pay despite
exercise the benefit of excussion; demand, hence, A filed a complaint against
d. Yes, because the benefit of excussion is B. On the interest rate, what is a valid
a right granted to him which can be contention of B?
waived.
(Art. 2058, NCC; JN Dev. Corp. v. a. B can ask the court to declare it void on
Philguarantee, August 31, 2005) the ground that it is contrary to the
Usury Law.
286. The following statements are correct, b. B can ask the court to declare it void
except: and be not liable at all.
c. B can ask the court to delacre it void
a. There can be a continuing guaranty; on the ground that it is unconscionable,
b. There can be a continuing surety; hence, contrary to morals and the court
c. There can be a continuing chattel may fix the interest rate at its
mortgage; discretion.
d. There can be a continuing real estate d. A can contend that the interest rate is
mortgage. valid because of the principle of binding
(Acme Rubber & Shoe Co. v. CA; China effect of contracts.
Banking Corp. v. CA)
Only 66
(Imperial v. Jaucian; Cir. 905-CB; Lim increase in the interest rate, the bank will
Law v. Onion Growers, Inc.) increase it. Is the stipulation valid?
290. X and Y entered into a contract. X agreed to a. Yes, because of the principle of liberty
deposit P50,000 with Y’s account to make it of contracts;
appear that Y had sufficient capitalization in b. Yes, because of the principle of
forming an incorporation. They agreed that mutuality of contracts;
Y should return the money plus 12% c. No, considering that there is no
interest within 30 days. What is the nature corresponding de-escalation clause;
of the contract? d. Yes, because the increase is not
unilateral.
a. Mutuum, because of the stipulation as (PNB v. CA, July 9, 1996; Equitable
to interest. PCIB v. Ng, December 19, 2007)
b. Mutuum, because Y acquired ownership
upon depositing the amount in his 294. Which of the following is correct if the
account. interest rate in a loan is void?
c. Commodatum, because Y never
acquired ownership over the money as a. The contract is totally inexistent;
he was under obligation to return it and b. The creditor cannot recover interest at
it was only for purposes of exhibiting all;
that he had sufficient capital. c. The creditor can recover legal rate of
d. Commodatum, because the stipulation interest;
for the payment of interest did not d. The court shall rule as if no interest has
convert it to mutuum. been agreed upon and contrary to law.
291. Which of the following statements is not DEPOSIT

true about the dragnet clause?
295. A checked in at ABC Hotel Corporation with
a. It is one specifically phrased to his valuables. While shopping nearby, she
subsume all debts of past or future left the room for half a day but when she
origins. went back, all his valuables were gone as
b. It operates as a convenience and her room was ransacked with the use of
accommodation to the borrowers as it force. She filed a complaint for damages. Is
makes available additional funds the hotel keeper liable?
without executing additional security
documents. a. The hotel keeper is liable as depositary.
c. It is also known as the “blanket b. The hotel keeper is not liable because
mortgage clause” under the contract, it is not liable in
d. It is different from a continuing case of loss of things belonging to the
mortgage clause. guest for any reason.
c. The hotel keeper is not liable because
292. What is a contract of precarium? of force majeure.
d. The hotel keeper is liable because it is
a. It is a contract by virtue of which a its duty to protect the properties of its
person called the guarantor, binds guests.
himself to the creditor to fulfill the (Arts. 1998-2004, NCC; Topricana
obligation of the principal debtor in Hotel Case; Durban Apartments Corp.
case the latter should fail to do so. v. Pioneer Insurance Corp.)
b. It is a contract by virtue of which a
person binds himself solidarily with the 296. A obtained P50,000.00 from B to be placed
principal debtor to fulfill the obligation. in A’s safety deposit box. What is the nature
c. It is an accessory, real and unilateral of the contract?
contract by virtue of which the debtor
or a third person delivers to the a. The contract is a loan.
creditor or to a third person movable b. It is a contract of lease.
property as security for the c. It is a commodatum.
performance of the principal obligation. d. It is a deposit.
d. It is a contract of commodatum where
the bailor has the right to demand the 297. In case of contract of deposit, the
return of the thing which is the object depository has the following rights or
of the contract at will. obligations except:
293. A entered into a contract of loan with a a. To keep the thing safely.
bank. They stipulated that if there will be a b. To return the thing deposited.
law or BSP circular that will allow the
Only 67
c. To make use of the thing deposited 302. A & B entered into a contract of pledge,
with the permission of the depositor. where B delivered his car to A as security
d. To deposit the thing deposited with a for the payment of an obligation in the
third person when there is an express amount of P2M. For failure of B to pay what
stipulation allowing the same. is the remedy of A?
298. What is the nature of the contract of rent of a. Appropriate the car as his own as
safety deposit boxes? provided for in the contract
b. Sell the car but must deliver to B the
a. Mutuum excess.
b. Commodatum c. Sell the car but cannot recover any
c. Deposit deficiency despite the agreement.
d. Lease. d. Sell the car and recover the deficiency
because of the agreement in the
299. When is the hotelkeeper shall be liable for contract of pledge.
the loss of the things belonging to the (Arts. 2087; 2115, NCC; 2088; 2112;
guests? 1306)
a. If the things were actually delivered or 303. To secure the payment of his obligation, A
surrendered to the hotelkeeper. pledged to his surety C, his car who sold the
b. If the guests did not sign any waiver of car after paying the obligation of A. The
liability. obligation was P2M but the car was sold for
c. If the hotelkeeper was notified of the only P1M. Can the surety recover the
valuables and the guests took the deficiency?
necessary measure to the care and
vigilance over the same. a. Yes, otherwise, there would be solution
d. If the loss was due to the act of a thief indebiti;
done with the use of irresistible force. b. Yes, no law prohibits him from doing so
as he is not the direct creditor;
PLEDGE c. No. In the foreclosure of a pledge, if
the price of the sale is less than the
300. A lent money to B in the amount of P3M and indebtedness secured by the pledge,
executed a mortgage over his house and lot the creditor shall not be entitled to
to secure the payment of the obligation with recover the deficiency, notwithstanding
a condition that if he fails to pay, A shall any stipulation to the contrary.
became the owner of the property. Is the d. Yes, if there is a stipulation.
stipulation valid? (Art. 2008, 2115, NCC; Manila Surety
v. Velayo, 21 SCRA 515; foreclosure is
a. Yes, because the contract is the law akin to sale.)
between the parties;
b. Yes, because of the doctrine of MORTGAGES
mutuality of contracts
c. No, because it is a case of pactum 304. A obtained a loan from B secured by a
commissorium; mortgage over his house & lot. B failed to
d. Yes, because of the liberty of contracts. pay hence, A foreclosed the mortgage but it
was sold for less than the amount of the
301. In the question above, suppose B failed to obligation. Can B recover the deficiency?
pay and A foreclosed the mortgage. Is A
entitled to the balance? a. A cannot recover the deficiency
because the law on pledges are
a. No, because the law on pledge is applicable to the law on mortgages
applicable to the law on mortgages. where there is a prohibition against
(Arts. 2041,2087,2115,NCC) recovery of deficiency.
b. Yes, because there is no law that b. A can recover the deficiency as there is
prohibits recovery of deficiency under nothing in the law that prohibits the
the mortgage laws; same.
c. Yes, because while the law on pledge c. A can appropriate the object because
applies to the law on mortgage, the the contract provides for it.
same is true if there is no inconsistency d. A can sue B for sum of money and
between the two (2) laws. ( Pameca foreclose the mortgage if B cannot pay
Word Treatment Corp. v. CA) the judgment obligation.
d. No, because of the principle of solution (Pameca Wood Treatment Corp. v. CA;
indebt. 2141, NCC)
Only 68
305. Within what period should an action to a. C can hold A liable alone as he is the
foreclose a mortgage over real property be registered owner of the car;
filed? b. C can sue A and B as they are solidarily
liable;
a. Within 10 years from date of c. C can sue B alone as the execution of
registration of the contract; the document of sale and delivery of
b. Within 10 years from the execution of the car conferred ownership upon him;
the contract; d. C can sue B, but A can file a third party
c. Within 10 years from demand, for complaint against B for reimbursement
unless demand is prove, there can be if he is adjudged liable.
no default. (Nunez v. GSIS Family (Perez v. Gutierrez)
Bank, 17 November 2005);
d. Within 10 years from notarization of the 309. A constructed a building for B. Twenty-five
contract. (25) years thereafter, the building collapsed
due to lack of necessary repairs resulting in
GAMBLING AND ALEATORY CONTRACTS the death of 10 tenants of the building. Who
is liable?
306. A and B are married. They have a joint
account in a bank. They executed a a. the architect
survivorship agreement that upon the death b. A, the contractor.
of one of them, the full amount of money in c. the engineer
their account shall become the property of d. B.
the survivor. Is the agreement valid?
310. A, bus conductor killed a passenger. Is the
a. No, because it is a donation mortis operator civilly liable?
causa which did not comply with the
formalities of the law; a. Yes, based on contract, but with
b. No, it is a donation inter vivos defense of the diligence of a good
prohibited under Article 87, Family father of a family;
Code; b. Yes, based on quasi-delict;
c. Yes, because it is an aleatory contract c. Yes, based on breach of contract of
subject to an uncertain even which is carriage, but cannot interpose the
death of either party. (Art. 2010, NCC; defense of due diligenc;
Vitug v. CA, 183 SCRA 755) d. Yes, but subsidiary in case of
d. No, by reason of public policy. insolvency of the driver.
(Art. 1760, 1759, NCC; - liability is
307. A placed a bet of P10,000.00 that San Beda primary; Maranan v. Perez, 20 SCRA
would win the NCAA basketball 412)
championship. B accepted the bet. But B
refused to pay after SBC won. Is B correct? 311. A, a seaman with a contract for two (2)
years was required to disembark due to the
a. Yes, because of the principle of sale of the vessel. Within what period
mutuality of contracts; should he file an action to collect his unpaid
b. Yes, because of the principle of liberty wages for one (1) year?
of contracts;
c. No, because the law prohibits betting in a. Within 3 years because it is the
basketball even if it is not a game of consequence of an employer-employee
chance; relationship;
d. Yes, because basketball is a game of b. Within 10 years because there is a
skill and not of chance. written contract;
(Aleatory contract of gambling or c. Within 4 years because the action is
betting, Art. 2013, NCC0 based on injury to his rights as there
was no justifiable reason for his
separation from employment. (Art.
1146, NCC; Pantil Co. v. Aujar, 09
November 1988; Valencis v. Portland
QUASI-DELICTS Cement, 106 Phil. 732);
d. Within 10 years because the action is
308. A sold his car to B, but the latter failed to based on law.
register the car under his name. While B
was driving the car, it met an accident 312. ABC Corp. is the owner of a hospital where
resulting in injuries to C. Who may be Doctor A is a visiting consultant. A
liable? conducted an operation at the hospital of a
woman-neighbor but left two (2) gauzes
inside the inscission of the patient resulting
Only 69
in infections and eventual death of the b. B is liable because at the time A was
patient. Who can be sued for damages? injured B was in possession of the
horse.
a. The patient’s heirs can sue the doctor c. A is not entitled to an award of
alone for his negligent act. damages because the injury is self-
b. The heirs can sue the hospital alone. inflicted being the owner of the house.
c. The heirs can sue the hospital and the d. A is not entitled to damages because of
doctor solidarily because of the his own negligence.
doctrine of corporate negligence of the (Art. 2183, NCC; Hisole case)
hospital.
d. The heirs can sue the hospital and the 316. ABC Corp. is a furniture manufacturing
doctor because the doctor is an company. One weekend, the manager and
employee, hence, they are solidarily two (2) employees had an overtime to finish
liable. a work upon instruction of A, the President.
(Professional Services, Inc. v. Agana) At 12:00 midnight they were through with
the work, so B, the manager went back
313. A is a teacher of St. Jude elementary home driving a company car but dropped by
school. While the pupils were in class, B, a coffee shop to have midnight snacks and
one of the pupils boxed the face of C, a cup of coffee. At 1:30 a.m., he was
another pupil resulting in the blindness of driving the company car on his way home
his left eye. Who is liable? when a motorcycle collided with the car
resulting in the death of C, the motorcycle
a. The parents of B are liable. rider. At the time of the collision, a woman
b. The school is liable. shouted “Papa” as she was surprised by the
c. The teacher is liable regardless of the sudden collision. Who is liable for the death
nature of the school. of C?
d. The teacher is not liable because the
school is not a school of arts and a. The company is liable because the
trades. manager was still performing his tasks.
(Art. 218, F.C.; Amadora v. CA; Palisoc b. B alone is liable because at the time of
v. Brillantes; 218, 219, 221, 2180) the accident, he was not performing his
tasks.
314. A is the owner of a car driven by B. While c. The company & B are solidarily liable.
on his way to fetch A at his office, the d. B, but in case of insolvency, the
motor vehicle met an accident resulting in company.
the death of C, a pedestrian. He was sued (Castillex Industrial Corp. v. Vasquez)
for imprudence resulting in homicide and
convicted with civil indemnity in the amount 317. A & B are married. They have a 10-year old
of P500,000.00. Who may be liable for the son, C. X & Y, who are childless filed a
amount of damages? petition for adoption on June 16, 2010,
seeking to adopt C. It was submitted for
a. Only B is a liable. resolution on December 15, 2010. On
b. A & B are solidarily liable if A cannot December 31, 2010 C was playing with a
prove the diligence of a good father of neighbor D who is likewise a minor, using
a family in the selection and the airgun of C’s father. He pointed the gun
supervision of B. to D, squeezed the trigger and killed D. The
c. A is subsidiarily liable in case of petition was granted on January 10, 2011.
insolvency of B. Who may be liable?
d. A cannot be liable because he was not a
party to the criminal action, otherwise, a. The parents of D can sue A & B for
he would be deprived of the right to damages.
due process. b. The parents of D can sue X & Y for
(Art. 102 & 103, RPC) damages because the effects of
adoption are retroactive to the date of
315. A is an owner of a horse. He asked B to the filing of the petition for adoption.
take care of it while reviewing for the Bar c. The parents of D can sue A & B, X & Y
Exams. After the examination, he went to B for damages who are solidarily liable.
to get back the horse but as he got near the d. The parents of D can sue C represented
horse, he was kicked by the horse on his by his parents but his properties can be
face resulting in his blindness. He sued B for made to answer for the damages
damages. Is B liable for damages? sustained.
(Tamayo v. CA; 2180, NCC; PD 603,
a. B is not liable because of a force Art. 36)
majeure.
DAMAGES
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321. A killed B. After trial A was convicted of the

318. A and B entered into an exclusive dealership crime of murder and the court imposed the
agreement over the product of A in the penalty of reclusion perpetua. Which
province of Tarlac. XYZ Corp. ordered such amount of civil indemnity may be awarded
product from A, hence, he delivered the by the court?
same at its office in Tarlac. B learned about
the transaction hence, he sued A for a. P50,000.00
damages. Is A liable? b. P75,000.00
c. P3,000.00
a. A can be liable for breach of contract. d. P150,000.00, the actual earnings of B.
b. A can be liable for abuse of right.
c. A cannot be liable because he was 322. In an information for murder, there is no
exercising a right. allegation of aggravating circumstances.
d. A is not liable, but instead, XYZ Corp. is The prosecutor, however presented
liable for interference in contractual evidence on the aggravating circumstances
relationship. during the trial. What for is the presentation
(Art. 19, NCC) of evidence of aggravating circumstances if
they were not alleged?
319. A promised marriage to B, a gainfully
employed girl. Before the marriage, they a. To prove that the accused may be liable
agreed that B would resign from the job, for moral damages.
hence, a week before the date set for the b. To prove the guilt of the accused
wedding, B resigned, but A did not comply beyond reasonable doubt.
with the promise of marriage. B sued A for c. To prove that the accused is liable for
damages. Is A liable for damages? exemplary damages.
d. He cannot do it because he can only
a. A is not liable because mere breach of prove what has been alleged in the
promise to marry is not an actionable information.
wrong.
b. A is liable because there was an act 323. X is the owner of a domesticated dog. He
independent of the breach of promise left it at his compound while at work. Y, a
to marry. neighbor threw stone at the dog, trying to
c. A is not liable because it is his right to play with it as he used to do. The dog was
back out from the wedding. hit, hence, it jumped from the compound of
d. A is not liable because it was voluntary X and went after Y who got injured when he
for B to resign and that she is fell while running away from the dog. Is X
presumed to take care of her own liable for damages?
concerns.
(Art. 21, NCC) a. X is liable as owner/possessor of the
dog.
320. A, an employee of XYZ Corp., receiving a b. X is not liable because of force
salary of P40,000.00 per month died due to majeure.
a vehicular accident. During the trial of the c. X is not liable because of Y’s fault for
case filed by his heirs, the latter failed to throwing stones at the dog.
produce his income tax returns as he never d. X is liable but the court will temper the
filed the same with the BIR and yet, they award of damages due to contributory
were claiming for damages due to unearned negligence of Y.
income. Is the defendant liable? (Art. 2183, NCC)
a. The defendant is not liable for the 324. A and B entered into a contract for B to
unearned income as there was no construct the house of A for P10M. XYZ are
documentary evidence to prove the partners engaged in the construction of
same. houses. As they are friends of A, they told
b. The defendant is liable because him that they can construct his house for
testimonial evidence is sufficient to only P8M and told him to cancel the
prove the unearned income. contract with B. He cancelled the contract
c. The defendant is liable because the law with B. What is the right of B?
automatically provides for liability in
case of death. a. B can sue A for breach of contract.
d. The defendant is liable as it is the b. B can sue XYZ partnership because of
natural consequence of his wrongful interference in contractual relationship.
act. c. B can sue X,Y,Z for inducing A to
(Victory Liner v. Gamad) violate his contract.
d. B can sue A, and XYZ partnership for
breach of contract.
Only 71
(Art. 1314, NCC) not appear at the church. B sued A for

damages for breach of promise to marry
325. A had a 4-storey building which was alleging that all preparations have been
constructed by Engineer B and at the same made and there were so many people who
time the contractor. After five years, the attended their scheduled wedding. She
building developed cracks and its stairway knew however that A was married but still
eventually gave way and collapsed due to submitted herself to sexual desires of A. Is
poor quality of materials used in the A liable?
construction, resulting to injuries to some
lessees. Who should the lessees sue for a. A is not liable because mere breach of
damages? promise to marry is not an actionable
wrong.
a. A, the owner; b. A is liable because he caused sleepless
b. Both A and B; nights, wounded feelings to B by not
c. B, the contractor; appearing at the church.
d. No one because of wear and tear of the c. B is not entitled to damages because of
building. mutual lust.
d. B has to bear her own losses.
326. ABC Corp. is an owner of a Medical School & (US v. Buenaventura)
Hospital. X, a commentator of a radio
station verbally attacked the corporation 329. A raped and killed a minor girl. He was
hence, the latter sued him for damages. Is convicted after trial. He can be held liable
the school entitled to moral damages? for exemplary damages. What is the basis?
a. ABC Corp. is not entitled to moral a. The basis of the award of exemplary
damages because it has no nervous damages is found solely in Article 2230,
system to feel the wounded feelings NCC;
and besmirched reputation. b. Exemplary damages can only be
b. ABC Corp. is entitled to moral damages awarded if there is more than one (1)
because it has a personality that can be aggravating circumstances;
maligned, tarnished or demeaned; c. Exemplary damages can also be
c. X, the commentator can interpose the awarded where the circumstances of
defense of truth. the case show the highly reprehensible
a. No, because it cannot suffer sleepless or outrageous conduct of the offender
nights. and to set a public example, to serve
(Filipinas Broadcasting Network, Inc. v. as deterrent to elders who abuse and
Ago Medical Center, etc.) corrupt the youth and to protect the
latter from sexual abuse.
327. A & B are married. B who was then d. The existence of aggravating
pregnant by six (6) months was on board a circumstances.
bus going to the office. The vehicle met an
accident resulting in injuries to B and death 330. A was one of the passengers of a vessel of
of the fetus. They sued the bus company for Sulpicio Lines that sank resulting in the
damages due to the death of the fetus. Is death of hundreds of passengers including
the company liable? A. The heirs of A filed an action for damages
praying for compensatory, exemplary,
a. A & B are entitled to an award of moral damages. The brothers and sisters
compensatory damages in the amount intervened and prayed for moral damages.
of P50,000.00 for the death of the Are they correct?
fetus. a. Yes, the brothers and sisters of A are
b. A & B can be entitled to an award of entitled to moral damages because of
moral damages for the death of the the mental anguish they suffered by
fetus. reason of A’s death;
c. A & B are not entitled to any amount of b. Yes, the brothers and sisters of A are
damages because the fetus has yet to entitled because the law provides that
be born in order to die. moral damages may be recovered in
d. A & B are entitled to damages because the following and analogous cases, they
the fetus had life inside the womb of being collateral relatives who are
the mother which the constitution and entitled to inherit;
the law protect. c. No, only the spouse, legitimate and
(Geluz v. CA) illegitimate descendants and
ascendants of A are entitled to an
328. A courted B and promised to marry her. award of moral damages;
The wedding was set on February 14, 2011 d. The brothers and sisters of A are
but at the date set for the celebration. A did entitled to moral damages because of
Only 72
the injury suffered by them due to the

act or omission of Sulpicio which was a. Yes, because the accretion forms part
the proximate cause of A’s death. of the alienable land of the public
domain;
LAND REGISTRATION b. Yes, because of the Regalian Doctrine;
c. No, because it belongs to A, being the
331. A and B are married. They have been in riparian owner, hence, a private land;
possession of an agricultural land of the d. Yes, because of prescription.
public domain as early as 1935. After their
death C and D, their heirs inherited the 335. A filed an application for confirmation of
same. Can they register the land? imperfect or incomplete title over a parcel of
land. It was dismissed. Can A re-file the
a. No, because the land forms part of the same?
public domain;
b. Yes, because their predecessors have a. No, because of res judicata;
been in possession continuously, b. Yes, because the dismissal does not
openly, publicly and adversely of an constitute res judicata unless dismissed
alienable land of the public domain as with prejudice;
early as June 12, 1945 thus, converting c. No, because the dismissal means that A
ipso jure the same to private land; has not been able to establish his right,
c. No, because of the Regalian Doctrine; hence, the second application is a
d. No, because prescription does not lie fishing expedition;
against the State. d. No, because of lack of cause of action.
332. A owns a parcel of land. Through the 336. A filed an application for confirmation of
natural current of the river, there was a imperfect or incomplete title. B filed an
gradual increase in the area from 11,000 opposition alleging that the land is part of
square meters to 13,000 square meters in a the inalienable lands of the State. Is B
period of 8 years. Can A register the land? correct?
a. No, because it is a public land; a. Yes, because anyone can invoke the
b. No, because he has not acquired it by interest of the State;
prescription as the State is not bound b. No, because only the State can invoke
by the rules on prescription; its interest;
c. Yes, being the riparian owner, he is the c. Yes, by reason of public policy;
owner of the accretion; d. Yes, because any Filipino is a real party
d. No, because he has not possessed it for in interest.
a period of 10 years.
337. X is a naturalized Filipino. In 1990, he
333. A is the owner of a parcel of land adjoining migrated to the USA and embraced
a river. There is an accretion formed American citizenship. In 2010, he returned
through the natural current of the river. In to the Philippines and asks you whether he
1980, his neighbor took possession of the can own a residential lot in Manila. What is
accretion. In 2011, B filed an application for your advice?
registration. Will the petition prosper? a. Yes, he being a former natural-born
citizen, he can own up to 5,000 square
a. No, because A is the owner being the meters;
owner the land to which the accretion is b. No, because only former natural-born
attached; citizens can own land in the Philippines
b. No, because the accretion is a public up to 5,000 square meters in Manila;
land; c. Yes, because he has the same rights as
c. Yes, having acquired it by prescription a former natural born citizen;
after 30 years of possession even in d. Yes, otherwise, there would be a
bad faith and without title; violation of the equal protection clause.
d. No, because the title of A is
imprescriptible, the accretion being 338. A, an American citizen is married to B, a
covered by the phrase “more of less.” Filipina. Through the pension and savings of
A, they acquired a residential lot in Manila,
334. A is the owner of a parcel of land covered but it was registered under B’s name. B sold
by TCT No. 1 consisting of 10,000 square the property to C. Can A seek to recover the
meters more of less adjoining the river property?
bank. Accretion was formed which has been
in the possession of B in 1990, but it was a. Yes, because the sale is void as it was
disposed of by the Director of Lands to B in done without the consent of A;
s2010. Is the Director correct?
Only 73
b. Yes, because B as trustee, she cannot c. No, because even if the title of B is
sell the property; void, a void title can be the root of a
c. No, because even if the property was valid title if it passes to a buyer in good
acquired with A’s money, he cannot faith and for value;
own land in the Philippines; d. Yes, because the title of B being void, it
d. Yes, otherwise B would enrich herself at cannot produce a valid title.
the expense of A.
(Cheeseman v. CA) 343. Of the following properties enumerated,
which is disposable?
339. In the question above who can file an action
to recover the property? a. Mineral land
b. Military reservation
a. A can recover the property because the c. Forest land
contract of sale is void; d. Agricultural land
b. The State by filing a petition for
reversion; 344. X and Y are married. They have a son Z.
c. The State by filing a petition for When X died, Z inherited a property covered
escheat; by TCT No. 1. Z died without any issue. Y
d. No one because the title is valid inherited it and obtained a title. There is
especially so that B is married to a however no inscription of the reservable
Filipino. character of the property. Y sold it to A who
obtained a title. Y died in 2009. Can B, C
340. A and B are compadres. They own two (2) and D, the reservatarios recover the
adjacent parcels of land covered by TCT property?
Nos. 1 and 2 respectively where they
reside. With the use of fraud, A registered a. Yes, because the property is reserved
the property of B under his name in 2009. to them by law;
Can B recover the title? b. Yes, because Y could not have sold it
being a mere trustee;
a. No, because one (1) year after the c. No, because A is a buyer in good faith
issuance of the title, it became and for value;
imprescriptible; d. Yes, because Y could not have sold that
b. No, because of the indefeasible nature which she did not own.
of the title after one (1) year from its
issuance; 345. In the problem, above, Y executed an
c. Yes, because the title of A is void; affidavit stating the foregoing
d. No, because a void act can be the root circumstances. It was inscribed/registered
of a valid title. in the day book of the register of deeds.
Can the reservatarios recover?
341. In the question above A sold it to C while
the title is clean. C registered it under his a. No, because the title of A is
name. Can B recover the title? indefeasible;
a. No, because C is a buyer in good faith b. No, because A is a buyer in good faith
and for value as the title was clean and for value;
when it was sold; c. Yes, because A is not a buyer in good
b. No, because of the mirror doctrine; faith and for value, as the registration
c. Yes, because C is not a buyer in good of the affidavit in the day book of the
faith having closed his eyes to things Register of Deeds is notice to the whole
that he saw when he bought it; world;
d. No, because of the indefeasibility of his d. No, because the affidavit was not
title. recorded/annotated at the back of the
title.
342. A is the owner of a parcel of land covered
by a TCT No. 1. B stole the title, forged his 346. The Roponggi property of the Philippines
signature and transferred it under his name. was sought to be sold to help raise funds to
TCT No. 2 was issued under his name. He finance the various economic projects of the
sold it to C who registered under his name. State. If you were consulted on this legal
When returned to the Philippine in 2010, he matter, what would be your advice?
discovered that his title was transferred to
another. Can he recover the same? a. It can be sold because it is a
patrimonial property of the State;
a. Yes, because the title of C is void; b. It cannot be sold because it is a
b. No, because the title of C is valid property of the State intended for
because he is a buyer in good faith and public use and public service;
for value;
Only 74
c. It can be sold because it is a disposable b. He can file an action for reconveyance

property; within 10 years from the date of
d. It can only be sold if the Director of registration since the registrant is
Lands reclassifies it to a patrimonial merely holding it as a trustee.
property. c. He can file an action for reconveyance
(Laurel v. Garcia) at anytime since the title is void, hence,
the right to file the action is
347. May there be registration of a parcel of land imprescriptible;
already decreed in favor of another? d. He has to file the action within 4 years
from the discovery of the fraud.
a. Yes, due to prescription;
b. Yes, due to laches; 351. A was able to register a mineral land under
c. No, the land registration court has no TCT No. 1 as early as 1950. After his death,
jurisdiction to order the registration of his children B and C inherited it and sold to
a property already registered, D. What is the remedy of the State if it
otherwise, it is void; (MWSS v. CA, 215 chooses to recover it today?
SCRA 783)
d. Yes, for as long as there is compliance a. File a petition for escheat;
with the due process clause. b. File an action for reversion which is
(Another application is a collateral imprescriptible (Rep v. Animas, 56
attack on the first title. (Carvajal v. CA, SCRA 499);
October 9, 1997) c. Cannot file any action anymore because
the title has become indefeasible;
348. A is the owner of a parcel of land covered d. Cannot recover anymore because while
by TCT No. 1. He leased it to B. When sued A’s title was void, D has acquired it in
for ejectment, B contended that A’s title is good faith and for value.
void. Is he correct?
352. May a corporation hold or own alienable
a. Yes, because if A’s title is void, he has lands of the public domain?
no right to sue B for ejectment;
b. No, because that is a collateral attack a. Yes, to become sustainable;
on A’s title; b. Yes, because the term persons under
c. Yes, because the decision on the title PD 1529 is used in its generic sense to
would be res judicata to the issue of include artificial persons;
the right to eject A; c. No, it can only lease;
d. Yes, because a decision on the title of A d. Yes, for a limited time.
is prejudicial to the right to eject B. Note: Except if it is a corporation sole.
(Rep. v. IAC, 168 SCRA 165)
349. A leased a parcel of land from B. With the
consent of B, A constructed his house. If B 353. A is the owner of a property covered by TCT
will file an application for registration of the No. 10. As early as 1950, he knew that his
land, what will happen to the house? title has been transferred under the name of
B, but did nothing to recover it, knowing
a. It will be included in the registration as that B has been in possession. Can he file
improvement thereon unless A files an an action to recover it today?
opposition and asks that his right be
annotated on the title; a. Yes, because the title is imprescriptible
b. A can have it registered independently; and indefeasible;
c. A need not file an opposition as the b. Yes, because B’s title is void, hence,
court will order the registration of the the action to declare it void is
land without the house because imprescriptible (Art. 1410, NCC);
registration under PD 1529 applies only c. No more because of laches. While a
to land; title is imprescriptible, under certain
d. A can oppose alleging that he has a exceptional circumstances, it may yield
better right to register since he is in to the principle of laches. (Heirs of
actual possession. Lacamen v. Heirs of Laruan, July 31,
1985)
350. What is the remedy of an owner of a titled d. No, because of estoppel.
land in case it was registered by another (If there is inaction or utter neglect by
with the use of fraud under his name? the owner, and the intervention of
rights by third parties may, for reason
a. He can file an action for reconveyance of equity, convert the claim of
within 10 years from the discovery of imprescriptibility into stale demand.)
the fraud;
Only 75
354. If a parcel of land covered by a homestead the two (2) provinces, then file the
patent is sold, what is the period of same in each of the provinces;
redemption? d. If the land has been declared for
taxation purposes in one province,
a. Within 5 years from registration of the then, file it in the said province even if
deed; the boundary has not yet been
b. Within 5 years from the date of the determine. (Note: The boundary should
conveyance (Sucaldito v. Montejo, have been determined.)
February 6, 1991);
c. Within 5 years from the date of the 358. In an application for land registration, there
conveyance plus one (1) year was an opposition. Can the oppositor pray
redemption period under the Rules of for affirmative relief that he be declared the
Court. owner?
d. Imprescriptible because the sale is
void. a. No, because he was not an applicant;
(The rule is designed to protect the b. Yes, provided he can adduce evidence
owner or the awardee.) to prove his interest. (City of Manila v.
Lock, 19 Phil 324)
355. A was granted a homestead patent on April c. No, because there was no publication
3, 2009. On April 29, 2011, she sold it to C. which is mandatory;
Is the sale valid? d. No, otherwise there would be violation
of the due process clause.
a. Yes, because the right to sell is
inherent in the right of ownership; 359. Within what time should a decree of
b. No, the sale is void as the law prohibits registration be reopened?
the sale within 5 years from the
issuance of the patent; (Heirs of a. Within four (4) years from the issuance
Bajenting v. Bañez, September 20, of the decree of registration;
2006) b. Within 30 days from receipt of the
c. Yes, anyway, she can repurchase it; decree;
d. Yes, because there is no prohibition at c. Within one (1) year from the issuance
the back of the title. of the decree of registration; (Lopez v.
(Even with the approval of the Director Padilla, 45 SCRA 44; Eland Phils. Inc.
of Lands – VOID) v. Garcia, et al., G.R. No. 173289,
February 17, 2010);
356. May a person file an application for d. Imprescriptible.
registration of a part of the reclamation (Effect after 1 year even if no title has
undertaken by a local governmental unit? been issued by the RDO yet.)
a. Yes, because it is an alienable land; 360. What is the ground for the reopening of a
b. Yes, because it is a private land; decree of registration?
c. No, because reclaimed lands of the
public domain may only be leased not a. Intrinsic fraud;
sold to private parties as they retain b. Newly discovered evidence;
their inherent potential as areas for c. Actual fraud (Eland Phils. Inc. v.
public use or public service. (Chavez v. Garcia);
Public Estates Authority, 384 SCRA d. Mistake.
152);
d. Yes, because a local government unit is 361. If the homesteader sells the property before
vested with a juridical capacity to enter the lapse of the 5-year prohibition, what is
into contracts. the nature of the contract?
(Ownership of lands reclaimed from
foreshore areas is rooted in the a. Voidable
Regalian Doctrine. (Republic v. Enciso, b. Void by reason of public policy
November 11, 2005)) c. Unenforceable
d. Rescissible
357. If a parcel of land sought to be registered is (Metropolitan Bank & Trust Co. v. Viray,
located in two (2) provinces, where should G.R. No. 162218, February 25, 2010;
the case be filed? Prohibition is mandatory.)
a. In both provinces; 362. Of the enumeration below, which is not a

b. If declared for taxation purposes in one remedy of the mortgagee in case the
(1), then in that province; mortgagor dies?
c. If the boundary has already been
determined and there are now plans for a. File a claim against the estate;
Only 76
b. Abandon the security and file a claim a. Yes, provided that the provisions
against the estate; conform to the order of succession and
c. Foreclose the mortgage and ask for amount of successional rights as
deficiency in the testate or intestate regulated by Japanese law;
proceeding; b. Yes, provided that the provisions
d. Rely exclusively upon the mortgage and conform to the order of succession and
foreclose the same. the amount of successional rights as
regulated by the American law;
363. A and B both Filipinos, are married. They c. Yes, provided that the provisions
bought a property but not covered by a title. conform to the order of succession and
They migrated to the USA and became amount of successional rights as
American citizens. When they came back for regulated by Canadian law;
vacation, they filed a petition for registration d. Yes, provided that the provisions
of the land. Will the petition prosper? conform to the order of succession and
amount of successional rights as
a. No, because they are now disqualified regulated by Philippine law.
to own being aliens;
b. Yes, because it is just a confirmation of
imperfect or incomplete title;
c. No, by reason public policy, that land in
the Philippines is reserved for the
Filipinos;
d. No, in fact the State can even file an
escheat proceeding.
CONFLICT OF LAWS
364. A is both a Chinese and a Japanese. While in

Manila he died leaving properties in the
Philippines. Before he died, he was a domicile
of Japan. How should Philippine courts
adjudicate the successional right to his
estate?
a. In accordance with Chinese law

because of the nationality theory;
b. In accordance with Japanese law
because of the nationality theory;
c. In accordance with the domiciliary law;
d. In accordance with both laws
considering that the Philippines is a
third State.
(Art. 16, NCC; domiciliary law comes to
the succor or rescue to the national law
theory.)
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?
Only 77
ANSWER KEY
Civil Review 1
Only 78
1. 105. 2 7 1 150. 202. 254. 306. 358.

C
2. A
106. 7
2 9
8 3
1 B 151.C 203.C 255.C 307.D 359.C B
C
3. B
107. 8
2 0
8 3
1 100.B 152.C
D 204.D 256.D 308.C 360.C C
C
4. B
108. 9
3 1
8 3
1 101.A 153. 205.C 257.D 309.B 361.D C
C
5. B
109. 0
3 2
8 3
1 102.A 154.D 206.B 258.A 310.B 362.D B
C
6. D
110. 1
3 3
8 3 103.B 155.D 207.D 259.D 311.B 363.C A
B
7. D
111. 2
3 4
8 A 104.A 156.A 208.D 260.D 312.B 364. B
C
8. D
112. 3
3 5
8 LD 105.C 157.C 209.B 261.A 313.C 365.C C
B
9. B
113. 4
3 6
8 106.C 158.C 210.A 262.D 314.C 366.C D
B
10. E
114. 5
3 7
8 C 107.D 159.B 211.C
A 263.C 315.A C B
A
11. E
115. 6
3 8
8 C 108.B 160.C 212. 264.B 316.C B
C
12. E
116. 7
3 9
9 B 109.B 161.C 213.B 265.B 317.D B
B
13. B
117. 8
3 0
9 B 110.D 162.C 214.A 266.C 318.A A
A
14. D
118. 9
4 1
9 B 111.D 163.C 215.B 267.D 319.C B
A
15. C
119. 0
4 2
9 B 112.C 164.C 216.B 268.C 320.C B
B
16. C
120. 1
4 3
9 B 113.C 165.D 217.C 269.B 321.D A
C
17. B
121. 2
4 4
9 B 114.B 166.C 218.B 270.D 322.C B
A
18. C
122. 3
4 5
9 C 115.D 167.B 219.B 271.C 323.C C
D
19. C
123. 4
4 6
9 B 116.B 168.C 220.B 272.B 324.C D
A
20. C
124. 5
4 7
9 B 117.A 169.B 221.C 273.B 325.D B
B
21. C
125. 6
4 8
9 B 118.B 170.B 222.D 274.C 326.B C
A
22. E
126. 7
4 9
1 A 119.A 171.A 223.B 275.B 327.B B
D
23. D
127. 8
4 0
1 B 120.C 172.C 224.B
A 276.C 328.B B
D
24. E
128. 9
5 0
1 B 121.B 173.A 225. 277.D 329.C C
B
25. E 0
5 0
1 A 122.C 174.D 226.C 278.C 330.B C
C
26. C 1
5 0
1 C 123.C 175.C 227.A 279.C 331.B C
B
27. i1 2
5 0
1 B 124.C 176.B 228.B 280.B 332.C B
C
28. .2 3
5 0
1 B 125.B 177.C
A 229.C
B 281.C 333.C C
D
29. .3 4
5 0
1 C 126.C 178. 230. 282.C 334.C C
B
30. .4 5
5 0
1 C 127.D 179.D 231.B 283.D 335.B C
A
31. .5 6
5 0
1 B 128.A 180.C 232.B 284.B 336.B B
A
32. .6 7
5 0
1 B 129.B 181.C 233.B 285.C 337.B B
A
33. .7 8
5 1
1 C 130.B 182.D 234.C 286.B 338.D B
D
34. .8 9
6 1
1 D 131.C 183.B 235.C 287.D 339.C C
B
35. .9 0
6 1
1 B 132.A 184.D 236.B 288.C 340.C C
A
36. .1 1
6 1
1 C 133.B 185.B 237.D 289.B 341.B C
B
37. 0
1 2
6 1
1 D 134.C 186.B 238.C 290.C 342.C C
D
38. 1
1 3
6 1
1 B 135.C 187.C 239.D
C 291.C 343.C C
D
39. 2
1 4
6 1
1 B 136.D 188.D 240. 292.C 344.D D
C
40. 3
1 5
6 1
1 B 137.C 189.C 241.C 293.C 345.D C
C
41. 4
1 6
6 1
1 B 138.C 190.C 242.C 294.B 346.C C
D
42. 5
1 7
6 1
1 B 139.B 191.C 243.C 295.B 347.C B rjs
D
43. 6
1 8
6 2
1 B 140.A 192.B 244.C 296.C 348.C C
B
44. 7
1 9
7 2
1 A 141.B 193.C 245.C 297.A 349.D B
B
45. 8
1 0
7 2
1 A 142.C 194.C 246. 298.A 350.C A
B
46. 9
2 1
7 2
1 C 143.C 195.C 247.D 299.A 351.D B
D
47. 99. 0
2 2
7 2
1 B 144.B 196.C 248.C 300.C 352.C B
C
48. 100. 1
2 3
7 2
1 B 145.A 197.C 249.C 301.B
C 353.C C
B
49. C
101. 2
2 4
7 2
1 B 146.D 198.B 250.C 302. 354.C C
A
50. C
102. 3
2 5
7 2
1 C 147.A 199.A 251.D 303.C 355.C C
B
51. C
103. 4
2 6
7 2
1 B 148.C 200.C 252.B 304.C 356.C B
A
52. D
104. 5
2 7
7 2
1 C 149.D 201.B 253.D 305.C 357.B C
E A 6 8 3 C B C D D C C
Only 79

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For Private and Personal Use Only

c. The right shall be transmitted to the heirs of the

d. On date of death of surviving heir a. Law

a. No, because X is no longer the owner of the a. Descendant propositus

a. There must be more than one subject or owner. a. A civil action

1. Accession is the right of an owner of a property to

a. Yes, under special circumstances. a. the wife is suspected of infidelity.

marriage in articulo mortis. What is the status of the

125. For purpose of this questions, assume all formalities

a. The donation is valid. a. When the price is unusually inadequate.

a. A sale of a land. a. The obligation is deemed to be one with

b. The obligation is a conditional a. If the dog died on April 30 without

a. Both are false. a. Both are true.

b. renders the contract of partnership

d. All of the above. b. Third person pays Debtor’s debt

Debtor shall only be released to the

a. To the debt chosen by Mr. Creditor. a. The debtor in obligations to do shall be

a. accion subrogatoria a. Quasi-delicts

a. Active and passive subjects. a. There must be an abandoned or

c. moral obligations a. to deliver when Mr. Roxas is ready to

saw what happened and through his expertise saved

c. Mr. P may initiate a criminal action only

a. True c. None of the above

112. An obligation to pay can arise from certain a. True

a. True 123. The diligence of a good father of the family is

a. True 1. When do laws take effect?

accordance with USA law, where there is only

other spouse needs only proof by

ADOPTION a. It will grant the petition to serve the

a. 15 years; 85. Which of the following is not correct in

PROPERTY a. A has to pay the value of the house

90. A leased a parcel of land from B. With B’s a. Accretion

a. A is a builder in bad faith because he a. No, because he is a builder in bad faith.

d. Y is the owner if the same is

DONATION 136. State the nature of this donation: “I hereby

NUISANCE a. No, because of the possibility of undue

SUCCESSION 153. A left a gross estate of P600,000.00

155. In relation to reserva troncal, the a. True, but subject to resolutory

b. No more because it has already adopted G. C died in 2006. A died in 2010.

a. No more, because it would be an 176. When is the capacity of the testator

182. A, while travelling in Cananda executed a PRESCRIPTION

a. It must be gratuitous; a. Prepared by only one of the parties and

a. No, because it is violative of the 201. A is indebted to ABC Corporation in the

business reverses as he has no more c. The stipulation is valid because of the

a. A is correct because write-off is a mode a. A must make a tender of payment to B.

b. I would advice him to enforce it

a. Yes, because of the principle of a. Can file an action to declare the

a. A is not correct because he is merely a

ESTOPPEL AND TRUST a. B is correct because his ownership is

SALES circumstances that would impel him to

b. The seller can be compelled to deliver

a. They are not entitled to exercise the a. Same as option money.

a. Yes, because what is prohibited by law is d. All payments are forfeited.

a. 20 days; 263. A is the owner of a parcel of land adjoining

a. Void; a. No, because when A decided not to sell,

a. No, because the agent acted beyond Negotiorum Gestio

d. The management exists only until the

291. Which of the following statements is not DEPOSIT

321. A killed B. After trial A was convicted of the

(Art. 1314, NCC) not appear at the church. B sued A for