Persons and Family Relations Multiple

Choice Questions
Civil Law
(Persons and Family Relations)
1.

2.

3.

4.

5.

6.

The Civil Code of the Philippines is:

a.
Republic Act no. 386
b. Republic Act no. 368
c.
Republic Act no. 366
d. Republic Act no. 398
The Civil Code of the Philippines took effect on:
a.
August 29, 1950
b. August 30, 1950
c.
September 30, 1950
d. September 25, 1950
It is a collection of laws which regulates the
private relations of the members of civil society,
determining their respective rights and
obligations, with reference to persons, things, and
civil rights.
a.
Law
b. Civil Code
c.
Civil Law
d. Family Code
The mass of precepts which determines and
regulates those relations of assistance, authority
and obedience existing among members of a
family as well as among members of the society
for the protection of private interests.
a.
Family Code
b. Family relations
c.
Civil Code
d. Civil Law
Laws shall take effect after fifteen days
following the completion of their publication:
a.
In the official gazette
b. In a news paper of general circulation
c.
Both a and b
d. Either a or b
After a storm causing destruction in four Central
Luzon provinces, the legislative branch enacted a
special law appropriating 1 billion for purposes of
rehabilitation for the provinces. In view of the
urgent nature of the legislative enactment, it is
provided in its effectivity clause that it shall take
effect upon approval and after completion of the
publication in the official gazette and a
newspaper of general circulation. The law was
passed by Congress on July 1, 1990, signed into
law by the President on July 3, 1990, and
published in such newspaper on July 7, 1990 and
in the official gazette on July 10, 1990.
As to the publication of the said legislative
enactment, is there sufficient observance or
compliance with the requirements for a valid
publication?
a.

Yes, there is a sufficient compliance because

the law itself prescribes the requisites for its
effectivity

b.

Yes, there is sufficient compliance because

the law is considered effective upon its
approval
c.
No, there is no sufficient compliance
because the date of publication in the official
gazette and newspaper must be the same
d. No, there is no sufficient compliance because
it must undergo public hearing
7.
When did the law took effect?
a.
It was effective on July 1, 1990 upon
promulgation by the congress
b. It was effective on July 3, 1990 upon
approval by the president
c.
It was effective on July 7, 1990 upon
publication in the newspaper
d. It was effective on July 10, 1990 upon
publication in the official gazette
8.
Can the executive branch start releasing the
funds appropriated by the said law the day
following its approval?
a.
Yes, since the law was effective upon
approval of the President
b. Yes, since it is an urgent need for the
rehabilitation of the provinces
c.
No, since the other requisites for its
effectivity were not yet complete
d. No, since the law was not certified as urgent
9.
The following are the exceptions to the rule that
laws shall have no retroactive effect, except:
a.
When the law is penal insofar as it favors the
accused who is not a habitual criminal
b. When the law is procedural
c.
When the law does not create substantive
rights
d. When the law is interpretative of other laws
10. It is the fitness subject of legal relations
a.
Juridical capacity
b. Legal capacity
c.
Juridical personality
d. Legal personality
11. Personality is determined by
a.
Birth
b. Death
c.
The time of conception
d. Attainment of the age of majority
12. What is the rule if the fetus has an intra-uterine
life of less than seven months?
a.
It is considered born if it is alive at the time of
its complete delivery
b. It is deemed born if it dies within twenty-four
hours after its complete delivery
c.
It is not deemed born if it dies within twenty-four
hours after its complete delivery
d. It is considered born for all purposes favourable
to it
13. Civil personality is extinguished by
a.
Insanity
b. Civil interdiction
c.
Death
d. All of the above
14. The effect of death upon the rights and
obligations of the deceased is determined by
a.
Law

b.
c.
d.
15.
a.
b.
c.
d.

Contract
Will
All of the above
The Family code of the Philippines is
Executive Order no. 209
Republic Act no. 290
Executive Order no. 116
Republic Act no. 161

16. The absence of any of the essential and formal

requisites of marriage shall render it
a.
Void with respect to the essential and voidable
with respect to the formal
b. Voidable with respect to the essential and void
with respect to the formal
c.
Both voidable
d. Both void
17. Except in marriages where no license is required,
it shall be issued by the local civil register of the
city or municipality,
a.
Where both parties habitually resides
b. Where either parties resides
c.
Where the male resides
d. Where the female resides
18. Marriages between Filipino citizens abroad may
be solemnized by
a.
Ambassador
b. Charge de affairs
c.
Vice-consul
d. None of the above
19. No license shall be necessary for a marriage of a
man and a woman who have lived together as
husband and wife for
a.
Not more than five years
b. At least five years
c.
Not more than eight years
d. Al least eight years
20. What marriage is void from the beginning,
among the choices
a.
The consent of either party was obtained by
force, intimidation or undue influence
b. The consent of either party is obtained by fraud
c.
Mistake of one contracting party as to the
identity of the other
d. Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man
other than the husband
21. What constitutes fraud as a ground for
annulment of marriage?
a.
Concealment of previous marital status
b. Non-disclosure of a previous conviction by final
judgment of a crime involving moral turpitude
c.
Concealment of physical incapacity to
consummate the marriage
d. Misrepresentation or deceit as to character,
fortune or chastity
22. A petition for legal separation may be filed on
the ground of
a.
Psychological incapacity
b. Impotency
c.
Non-attainment of legal age at the time of
marriage
d. Sexual infidelity

23. An action for legal separation shall be filed

a.
Within five years from marriage
b. Within five years from the time of the occurrence
of the cause
c.
Within five years after the cooling off period
d. After five years from the time of marriage
24. A decree of legal separation shall be based on
a.
Stipulation of facts
b. Confession of judgment
c.
Presentation of evidence
d. Allegations on the complaint
25. The property relations between the husband and
wife shall be governed by
a.
By marriage settlement
b. By provisions of the Family code
c.
By the local customs
d. All of the above
26. What is the rule, if the future spouses agree
upon a regime other than the absolute
community regime ?
a.
They can donate to each other more than onefifth of their present property
b. They cannot donate to each other more than
one-fifth of their present property
c.
They can donate each other in their marriage
settlements more than one-fifth of their present
property
d. They cannot donate each other in their marriage
settlements more than one-fifth of their present
property
27. The absolute community of property between
the spouses shall commence
a.
One year from the celebration of marriage
b. Two years from the celebration of marriage
c.
Three years from the celebration of marriage
d. None of the above
28. The following shall be excluded from the
community property, except
a.
Property acquired during the marriage by
gratuitous title
b. Property for personal and exclusive use of either
spouses
c.
Property acquired after the marriage, where
such property is encumbered
d. Property acquired by either spouse who has
legitimate descendants
29. When shall the absolute community terminate?
a.
Upon extrajudicial order
b. Upon agreement of the parties after marriage
c.
Upon insolvency of either parties
d. Upon the decree of legal separation
30. W, during her marriage to H, transferred the
administration of her paraphernal property to the
latter. Can W alienate said paraphernal property?
a.
No, the alienation of the property must be with
the consent of H
b. No, the property cannot be alienated because it
already belongs to the conjugal property
c.
Yes, the property may be alienated because the
agreement was null and void
d. Yes, the property may be alienated because W
still retains ownership over the property

31. A donation propter nuptias of a parcel of land

was given by X to Y. They were subsequently
married but the marriage was annulled on the
complaint of Y upon her discovery that X has
been previously married. X now files a suit for
revocation. Will the suit prosper?
a.
The suit will prosper since the marriage is now
annulled
b. The suit will prosper one of the party is in bad
faith
c.
The suit will not prosper because Y was in good
faith
d. The suit will not prosper because it is part of
their conjugal property
32. H and W are husband and wife. Without any
justifiable cause, W abandoned the conjugal
home. Can H ask a competent court to order W to
return to the conjugal home?
a.
Yes, because it is the obligation of the husband
and wife to live together
b. Yes, because it is within the competence of the
court to order Ws return
c.
No, because specific performance is not a
remedy to personal obligation
d. No, because W already abandoned their home.
33. In a marriage in a remote place,
a.
Public solemnization is not needed
b. It must be made in accordance with their
customs
c.
There is no need for a solemnizing officer
d. A marriage license is required
34. Nemu cum alterius detriment protest means
a.
No man ought to be made rich out of anothers
injury
b. No person should unjustly enrich himself at the
expense of another
c.
The indemnity cannot exceed the loss or
enrichment, whichever is less
d. In case of doubt, the doubt must be in favour of
the underdog
35. Ignorance of foreign law is
a.
Ignorance of the law but not ignorance of the
fact
b. Not ignorance of the fact but ignorance of the
law
c.
Not ignorance of the law but ignorance of the
fact
d. Ignorance of the fact but and ignorance of the
law
36. The following are instances when the law grants
an independent civil action, except:
a.
Breach of constitutional rights
b. Defamation, fraud, or physical injuries
c.
Quasi-delict or culpa aquilana
d. Breach of contract
37. It is the condition of a person who does not have
the mind, will, and heart for the performance of
marriage obligations.
a.
Diriment impediments
b. Psychological illness
c.
Sexual infidelity
d. Psychological incapacity

38. What is the correct rule in matters of absolute

divorce
a.
If the action is brought here in the Philippines
between Filipinos it will prosper
b. If the action is brought here in the Philippines
between a Filipino and a foreigner it will prosper
c.
If the action is brought here in the Philippines
between foreigners it will not prosper
d. If the action is brought in a foreign court
between Filipinos it will be recognized in the
Philippines.
39. May the court issue a decree of legal separation
based upon facts stipulated by the spouses?
a.
No, if the decree is based solely on the
stipulation of facts
b. Yes, if there be other evidence of the existence
of a ground for legal separation
c.
All of the above
d. None of the above
40. If a person is under guardianship because of
insanity
a.
He is presumed insane if he should enter into a
contract
b. He is insane if he should enter into contract
c.
He is barred to enter into contract
d. The contract is binding
41. How many provisions are there in the New Civil
Code?
a.
2330
b. 2480
c.
2270
d. 2155
42. A right is
a.
The interest in property that has become fixed
that is no longer open to controversy
b. The privilege given to one person and as a rule
demandable of another
c.
All of the above
d. None of the above
43. In an action based on a breach of promise to
marry, what is the right of the aggrieved party in
case there has been carnal knowledge?
a.
The aggrieved party cannot demand for support
b. Sue for moral damages, if it was due to mutual
lust
c.
Sue for actual damages, should there be
expenses incurred
d. An action for actual and moral damages may be
filed
44. What kind of right is possessed by the husband
or the wife over the conjugal property while the
partnership remains?
a.
Vested right
b. Inchoate right
c.
Equitable title
d. None of the above
45. The following are requisites for marriage
settlement, except
a.
Must be in writing
b. Must contain not contrary to the provisions of
the law
c.
Must be made before the celebration of
marriage

d.

Must be by consent of the parents