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MOCK BAR EXAMINATION QUESTIONS

IN
CIVIL LAW 1
1. A executed a will consisting of ten pages.
At the probate, B, one of his children
interposed an opposition on the ground
that one of the pages of the same has
not been signed by A and one of the
witnesses. Rule on the opposition.
a. The testator and the instrumental
witnesses must sign.
b. The defect is fatal if there is failure to
have the original signatures.
c. If there was mere inadvertence of one of
the true witnesses or even the testator,
the will must be admitted.
d. The will should not be admitted.
2. A, a minor, executed a last will and
testament. He died at the age of 21,
after which his will was submitted to
probate. If you were the judge, would
you approve it?
a.
b.
c.
d.

Yes, because the will is valid.


Yes, because the testator is capacitated.
No, because the will is void.
No, because the will is not in
accordance with law.

3. The attestation clause of Xs will do not


contain his signature. At its probate, it is
being opposed on that basis. Is the
opposition correct? Choose the best
answer.
a. Yes, because it is fatal defect.
b. Yes, the will is not valid.
c. No, attestation clause is not an act of
the testator.
d. No, attestation clause is not a part of a
will.
4. After A has executed a will, he tore it out
of anger because B and C were
disputing the fact that a house and lot at

San Lorenzo Village should have been


given by A to C when the will gives it to
B.
Discuss whether the will was
revoked or not.
a. The mere act of A is immaterial
b. The tearing of the will may amount to
revocation
c. The tearing of the will may amount to
revocation if coupled with intent of
revoking it.
d. The act of tearing the will is material.
5. What is the effect if the second heir dies
ahead of the first heir in a
fideicommisary substitution?
Choose
the best answer.
a. No, transmission of right from the first
heir to the second.
b. No right of representation
c. The right shall be transmitted to the
heirs of the second heir.
d. None of the above.
6. Suppose the reservista is survived by the
uncles and aunts and by the nephews
and nieces of the propositus, who shall
be entitled to the property reserved?
Choose the best answer.
a. The uncles and aunts shall inherit the
property
b. The nephews and nieces of the
decedent survive and are willing and
qualified.
c. The uncles and nephews shall inherit
together.
d. The aunts and nieces shall inherit
together.
7. X and Y are married. The marriage was
contracted under articulo mortis, and the
testator died within 3 months from the
time of marriage. What is Xs share of
his spouses inheritance? Choose the
best answer.

a. The surviving spouse shall inherit the


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

d. On date of death of surviving heir


12. What law shall determine the validity of
a will?
a.
b.
c.
d.

The national law of testator


The law at the time it is made
The law at the time of probate of the will
The law at the time of death of the
testator

13. A holographic has no date except one


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

In favor of another heir


In favor of testator or any other person
In favor of the state
In favor of a legatee

16. Preterition or omission of one, some, or


all the compulsory heirs, or some of
compulsory heirs in the direct line
whether living at the time of the

a.
b.
c.
d.

execution of the will or born after the


death of the testator shall:

20. What are the objectives of Probate


proceedings?

Make the will voidable


Make the will void
Annul the institution of heirs
Make the will unenforceable

a. Probate proceedings seek to establish

b.

17. After the probate of a will, may a case


for forgery be filed against an instituted
heir?
a. No, because the probate of the will is an
evidence of its due execution and
authenticity.
b. No, because the probate of the will is a
justifying circumstance.
c. Yes, because a forgery is a criminal
action.
d. Yes, because this is a statutory right.
18. When an injury or damage is caused to
another, there being fault or negligence
and there is no pre-existing contractual
relation between the parties, the source
of the obligation is:
a.
b.
c.
d.

Law
Contracts
Quasi-contracts
Quasi-delicts

19. The bailee has the right to be


reimbursed in full for advances he made
for
extraordinary
expenses
of
preservation of the subject matter in
commodatum.
a. he gave notice to the bailor before he

incurred the expense.


b. if the extraordinary expense arose out of
the actual use of the thing.
c. if the bailee was negligent in the use of
the thing borrowed.
d. even if the cause of the expense was the
fault of a third person.

c.
d.
e.

the identity of the will, its genuineness


and
due
execution,
and
the
testamentary capacity of the testator.
Probate seeks to determine whether the
will is formally valid.
Probate seeks to determine whether the
will is intrinsically valid.
Both b and c are correct.
Both a and b are correct.

21. The borrower in a contract of loan or


mutuum must pay interest to the lender.
a. if there is an agreement in writing to that

effect.
b. as a matter of course.
c. if the amount borrowed is very large.
d. if the lender so demands at the maturity

date.
22. Disinheritance is the process or act
through testamentary disposition of
depriving in a will any compulsory heir of
his legitime for true and lawful causes.
The requisites are:
a. Must be a valid will with legal, true and
existing cause expressly stated.
b. Must be total and complete and said
cause stated in the will.
c. The disinherited heir must be clearly
identified and the will is not revoked.
d. All of the above.
23. What crimes committed by a convict will
disqualify him as an instrumental
witness to a will?
a.
b.
c.
d.

Falsification of public document.


Perjury and false testimony.
Slander by deed.
a and b

24. This party in a reserva troncal is the


descendant (brother or sister) whose
death gives rise to the reserve and from
whom therefore the third degree is
counted is known as:
a.
b.
c.
d.

Origin
Propositus
Reservista
Reservatorios

25. A has a son B and the latter adopted C.


B predeceased his father.
Can C
represent B in the inheritance of A?
a. Yes, he is a compulsory heir.
b. Yes, he is the legal representative.
c. No, there is no blood relationship
between A and C.
d. No, he is a voluntary heir.
26. X during his lifetime sold and conveyed
two (2) parcels of land to his heirs. After
Xs death and the probate of his will, are
the conveyed properties subject to
collation for determination of the heirs
legitime?
a. No, because X is no longer the owner of
the conveyed properties.
b. No, because there was no gratuitous
conveyance.
c. Yes, because the heirs are already the
owners of the conveyed properties.
d. Yes, they are considered advanced
legitime.
27.

Can a criminal convicted of a crime


which carries civil interdiction execute
his will?

a. Yes, it is his statutory right.


b. No, it is an accessory penalty.
c. Yes, it only prohibits disposition of
property inter vivos, not mortis causa.
d. No, it is inconsistent with public policy.

28.

Spouses M and N executed two (2)


separate wills containing the same
provisions.
After their death, their
compulsory heirs filed a petition for joint
probate of their wills.
One of the
voluntary heirs objected because joint
probate is invalid.
Is the objection
tenable?

a. Yes, joint wills are not allowed in the


Civil Code.
b. Yes, because the wills have different
voluntary heirs.
c. No, because M and N are spouses.
d. No, because practicable considerations
dictate the joint probate of the wills.
29. X was disinherited by his father Y. In
the probate of Ys will, can the children
of X represent their disinherited father?
a. No, the disinheritance affects the heirs
of the disinherited person.
b. Yes, representation is allowed in case of
disinheritance.
c. Yes, substitution of the disinherited
person is allowed.
d. No. Representation is not allowed by
law.
30.

State the share in the estate of the


testator of illegitimate children who
survive with the surviving spouse.

a.
b.
c.
d.

1/3

1/8

31. A complaint of forgery was filed against


instituted heir after the allowance of
probate of the testators will. Will this
action prosper?
a. No, the probate of the will is an
evidence of the due execution of the
will.

b. No, the probate is a justifying


circumstance.
c. Yes, forgery is a criminal action.
d. Yes, this is a statutory right.
32. In reserve troncal the relatives within
third degree coming from the same line
inherit from:
a.
b.
c.
d.

Descendant propositus
Reservista
Origin
Testator

33.

The renunciation or repudiation of


inheritance shall take effect:

a. Date of repudiation or renunciation


b. Date of will
c. Date of allowance of will
d. Date of death of testator
34. Disposition Captatoria is void because
the heir makes a disposition in his will in
favor of:
a.
b.
c.
d.

another heir
testator
the State
a legatee or devisee

35.

May the alluvial deposits be lost by


prescription in favor of another?
Choose the best answer.

a. No, because there is registration by


fiction of law.
b. No, because it is covered by a Torrens
title.
c. Yes, because it is not covered by a
Torrens title.
d. Yes

is accretion formed, who owns the


accretion? Choose the best answer.
a.
b.
c.
d.

The riparian owner.


The accretion belongs to the state.
The owner of the contiguous land.
Belongs to the land adjoining it.

37.

Which of the following is not a


characteristic of a co-ownership?

a. There must be more than one subject or


owner.
b. There is one physical whole divided into
ideal shares.
c. Each share is definite in amount, but is
not physically segregated from the first.
d. The
co-ownership
has
juridical
personality.
38.

The following are modes


extinguishing usufruct except,

of

a. Expiration of the period for which it was


constituted.
b. Merger of the usufruct and ownership in
the same person.
c. Total loss of the thing.
d. Bad use of the thing in usufruct..
39.

X,Y, and Z are co-owners of a real


property which was mortgaged to A. X
redeemed it during the period of
redemption with his personal funds. Did
X become the sole owner of the
property, thereby terminating the coownership?

a. Yes, because his redemption vest in him


sole ownership.
b. Yes, because the funds belong to him
alone.
c. No, because the redemption inured to
the benefit of all co-owners.
d. No, because Y and Z did not consent to
the redemption.

36. The northeastern portion of the land of


X is bounded by the Manila bay. If there

40.

The following are the classes of


possession except.

a. Possession
in
ones
name
or
possession in the name of another.
b. Possession in the concept of an owner
or possession in the concept of a holder.
c. Possession in good faith or bad faith.
d. Possession with just title.

b. No, because the decision is enforceable


against the whole world.
c. Yes, provided the subject is personal
property.
d. Yes,
because
the
decision
is
enforceable only against the defeated
party.
e. None of the above.
45.

41. The following are the requisites of the


easement of right of way, except.
a. The property is surrounded by other
estate.
b. There must be no adequate outlet to a
public highway.
c. There must be indemnity.
d. That if there is outlet, it is not convenient
to the dominant estate.
42. The following are disqualified to donate
to each other, except.

Minerals are still owned by the state


even if discovered from a private land.

a. Yes, provided the land is not titled.


b. Yes, because the constitution so
provides.
c. No, if the land is titled to a private
person.
d. No, it will violate property and property
rights.
e. None of the above.
46. The owner and the tenant are in both
possession of the land subject of the
lease contract.

a. Those guilty of adultery or concubinage


at the time of the donation.
b. Those found guilty of the same criminal
offense in consideration thereof.
c. Those made to public officers or their
spouses, descendants, or ascendants,
by reason of their office.
d. Those obliged to support one another.

a. No, only the tenant, because he is in


actual possession of the land.
b. No, only the owner, because the other is
just a mere tenant.
c. Yes, but of different concept.
d. No, either of them.
e. Yes, as general rule.

43. The following are the remedies against


private nuisance, except.

47. Negative easement may be acquired by


prescription through notarial prohibition.

a. A civil action
b. A prosecution under the penal code or
any local ordinance.
c. Abatement without judicial proceedings.
d. None of the above.

a. No, because it is non-apparent.


b. Yes, because notarial prohibition makes
apparent what is non-apparent.
c. Yes, because it is provided for by law.
d. Yes, only after 10 years from service of
notarial prohibition.
e. None of the above.

44. The nature of action in Quieting of Title


is in personam.
a. No, it is always a real action since the
subject is real property.

48. In case of roots of a neighboring tree


intruded to the state of another, the

neighboring owner has the right to cut it


off.
a. Yes, only after his demand for the
cutting is ignored.
b. Yes, because he owns the roots that
intruded at his property.
c. No, without permission from the owner
of the tree.
d. Yes, only after 10 years of prescription.
e. No, as a general rule.
49. Which statement is correct?
1. Accession is the right of an owner of a
property to everything which is produced
thereby or which is incorporated or
attached thereto either naturally or
artificially.
2. Natural, industrial and civil fruits belong to
the owner.
a. Both statements are correct.
b. Statement 1 is correct; statement 2 is
incorrect.
c. Statement 1 is correct; statement 2 is
correct.
50. It is a process whereby the current of a
river, creek, or torrent segregates from
an estate on its bank a known portion of
land and transfers it to another estate.
Such process is known as:
a.
b.
c.
d.

Alluvion
Avulsion
Adjunction
Commixtion

51.

Which provision of the Condominium


Act (RA 4796) is correct?

1. A condominium corporation shall not,


during its existence, sell, exchange, and
lease or otherwise dispose of the
common areas owned by or held by in
the
condominium
project
unless

authorized by the affirmative vote of all


the stockholders or members.
2. Whenever real property has been divided
into condominiums, each condominium
separately owned shall be separately
assessed, for purposes of real property
taxation and other tax purposes, to the
owners thereof and tax on each such
condominium shall constitute a lien
solely thereon.
a.
b.
c.
d.

Provision 1 is correct, 2 is incorrect.


Both provisions are incorrect.
Both provisions are correct.
Provision 1 is incorrect, 2 is correct.

52. May a real property be classified validly


as personal property?
a. Yes provided it will not prejudice third
person/s.
b. Yes by special provision of our laws.
c. Yes by agreement between the parties.
d. No. A real property is always a real
property.
e. A, B & C are all correct.
53. Under our law Good Faith is presumed,
why?
a. Because of express provision of our
law/s.
b. Because it is the right thing to do.
c. No, you have to prove it by extrinsic
evidence..
d. No, it is to be proven beyond reasonable
doubt.
e. A and B are correct.
54.

In like manner, Bad Faith is not


presumed. Why?

a. Yes, because bad faith is personal.


b. Yes, because bad faith could be
inherited.
c. Yes, because ignorance of the law
excuses no one.

d. Yes, because it should be proven in


court.
e. A and D are correct.

c. Yes, but only to luxury expenses.


d. Yes, but only to necessary expenses.
e. Yes, by agreement with the parties.

55.

59. Illegal condition/consideration will result


to nullity of the contract of donation?

In land registration cases, the


government is always represented by
whom?

a. By the Office of the City Prosecutor.


b. By the Office of the Solicitor General.
c. By a private counsel hired for that
matter.
d. By the Register of Deeds.
e. By the Bureau of Land.

a. Yes, because the contract shall be


contrary to law.
b. Yes, but if the condition/consideration
had been fulfilled already.
c. No, if the condition/consideration had
not been fulfilled yet.
d. No, because it will violate the
constitutional rights of the parties.
e. B and C are correct

56. Accession is not a mode of acquiring


ownership?
60.
a. Yes, because it was not one of the
seven
(7)
modes
of
acquiring
ownership.
b. No, it is considered as acquisition by
law.
c. No, because it is neither alluvium or
avulsion.
d. Yes, in accordance with our customs.
e. Yes, as a general rule only.
57.

A Torrens Title is not a protection in


alluvium?

a. No, because a land covered by Torrens


Title is not subject to prescription.
b. No, for economic reason.
c. Yes, because the soil added cannot be
identified.
d. No, because the property is titled.
e. Yes, if the river is navigable or floatable
only.
58. A possessor in bad faith of a land is
entitled for reimbursement as a matter
of right?
a. Yes, but only to useful expenses.
b. No to all kind of expenses, because he
is in bad faith.

In land registration cases, the court


may acquire jurisdiction only after:

a. Service
of
summons
to
the
respondents/defendants.
b. After trial of the case.
c. Upon filing of the petition/complaint.
d. Upon publication.
e. Upon filing of the answer by the
respondent/defendants.
61. In the contract of usufruct, the owner of
the property is being called the naked
owner. Why?
a. Because the owner lost possession of
the property.
b. Only if the subject is real property.
c. Because of the agreement of the
parties.
d. Because he was divested of his two (2)
major rights.
e. Because it is a good name.
62. In formation of an island, the owner of
the nearest margin/distance is the
owner of the new island?
a. Because of the principle that accessory
follows the principal.

b. Because of the express provision of


laws.
c. Only if the river is floatable or navigable.
d. Only if the river is non-floatable or nonnavigable.
e. Only if there is a dries-up river bed.
63.

In perpendicular co-ownership, each


floor owners must bear expenses
pertaining to his own floor?

a. Yes as provided for by P.D. 1529.


b. Yes as provided for by the New Civil
Code.
c. No, it is only for the protection of
ownership rights.
d. Yes, because if you failed to register it,
you may lost it by prescription.
e. None of the above.
67.

a. No, all the co-owners must share


proportionately.
b. No, it is covered by Condominium Law.
c. Yes, because his ownership is identified.
d. Yes, as expressly provided for by law.
e. C and D are correct.
64. Easement is always a real right.
a. Yes, if the easement is for use of
another real property.
b. No, if the easement is for use of person
only.
c. Yes, because it is enforceable against
the world.
d. No, because it is a property use
limitation.
e. Yes, in the case of contractual easement
only.
65. A nuisance is one of the most serious
hindrance to the enjoyment of life and
property.
a. Yes, because it injures or endanger
health and safety.
b. Yes, because it annoys or offends
senses.
c. Yes, because it shocks, defies
disregards decency or morality.
d. Yes, because it hinders or impairs
use of property.
e. All are correct.

May a local ordinance extinguish a


legal easement?

a. Yes, because it is a recent law.


b. Yes, if the local ordinance expressly
provided the same.
c. No, because a local ordinance should
not be repugnant to law.
d. No, because the local ordinance is not
valid for being contrary to law.
e. C and D are both correct
68. A condominium buyer is entitled to the
issuance of the Condominium Certificate
of Title as a matter of right.
a. Yes, from the time he signed the
Contract of Sale.
b. Yes, from the time he fully paid the
purchase price.
c. Yes, from the time of the delivery of the
condo unit.
d. Yes, provided it is stated at the Master
Deeds.
e. All of the above.

our
69.
our

The doctrine of Hot Pursuit is an


exemption to that a person should not
take the law into his own hands.

or
the

66. Registration of the Register of Deeds is


a mode of acquiring ownership.

a. Yes, under special circumstance only.


b. No, because everybody should be law
abiding citizen.
c. No, because ignorance of the law
excuses no one.
d. No, because the rule allows no
exemption.
e. All of the above.

70. The nature of action in Quieting of Title


is in personam.
a. No, because the subject of the case is
always a real property.
b. No, because the decision in the case is
enforceable against the whole world.
c. Yes, provided the subject is a personal
property.
d. Yes,
because
the
decision
is
enforceable only against the litigating
parties.
e. None of the above.
71. Under Intellectual Property Code, to be
covered by the law, it is required that
you register your business in the
Philippines.
a. Yes, because registration will give you
such protection.
b. No, because the law is design to protect
registered and non-registered owner.
c. No, because the law is design to protect
world wide piracy of products.
d. Yes, because registration will give
jurisdiction to our court.
e. B and C are correct.
72. Finder of lost movable property is guilty
of the crime of theft if he keeps the thing
to himself?
a. No, because there is no force upon
person.
b. Yes, if there is force upon thing.
c. Yes, like in prescription.
d. Yes, because the owner lost only
physical possession.
e. No, because there is no more owner to
speak with.
73.

Reproduction of books by Xerox or


photocopying is a violation of the
Copyright Law?

b. No, because there is no law that


prohibits it.
c. No, because it is economical.
d. Yes, because it deprives the author of
his royalties.
e. Yes, because the operator of the Xerox
Machine does not pay his income tax.
74. Donation is both an act and a contract.
a. No, because it is an act of man only.
b. No, because there is no exchange of
value.
c. Yes, because it is a gratuitous contract.
d. No, because it is not part of Obligation
and Contract of New Civil Code.
e. None of the above.
75. Donation of the same thing to two or
more persons shall be governed by the
rule on double sale?
a. No, because they are of different
contracts.
b. No, because they are covered by
different chapters of the New Civil Code.
c. Yes, because both acts transfer
ownership.
d. No, because in donation there is no
exchange of value.
e. No, because in sale there is exchange
of values.
76. All installment buyers of real estate are
protected by R.A. 6552 (Maceda Law).
a. Yes, because it is the intent and spirit of
the law.
b. No, only those who had paid at least 2
years of installment and defaulted later.
c. No, they have to apply for it first at
HLURB to be covered.
d. Yes, provided it will not violate their
contract.
e. No, it is applicable only to buyer in
installment of appliances.

a. No, it is being tolerated anyway.

10

77. Noel and Liza were sweethearts. Liza


became pregnant. Knowing that Noel
was preparing for the bar examinations,
Miguel, a lawyer and cousin of Liza
threatened Noel with the filing of a
complaint for immorality in the Supreme
Court, thus, preventing him from taking
the examinations unless he marries
Liza. As a consequence of the threat,
Noel married Liza. Can the marriage be
annulled on the ground of intimidation
under Article 45 of the Family Code?
a. Yes, because without the threat, Noel
would not marry Liza.
b. Yes, because the threat, to enforce the
claim of Liza, vitiates the consent of
Noel in contracting the marriage.
c. No, because the threat made by Miguel
is just and legal.
d. No, because Miguel is not a party to the
contract of marriage between Liza and
Noel.
78.

Magdalene and Shantung Company


entered into a contract of agency before
the consul general of the Philippines in
Singapore.
They stipulated that
Magdalene shall be the administrator of
the real properties of Shantung
Company in the said country. By virtue
of the said contract, Magdalene sold the
1 hectare land of Shantung Company
located in Singapore to Mayhem Real
Estate Corporation without any special
power of attorney. The said contract of
sale was executed before the vice
consul of the Philippines in Singapore.
Under the laws of Singapore, the sale of
a real property by an agent without a
special power of attorney is valid.
Shantung Company filed a suit for the
annulment of the contract of sale on the
ground that Magdalene has no authority
to sell the property. If you were the
judge, which of the following courses of
action should you take?

a. Dismiss the action for annulment on the


ground that the forms and solemnities of

contracts, wills and other public


instruments shall be governed by the
law of the country in which they are
executed.
b. Dismiss the action for annulment on the
ground that the property subject of the
case is located in Singapore, thus, the
law of Singapore shall govern.
c. Grant the action for annulment on the
ground that the forms and solemnities of
contracts, wills and other public
instruments shall be governed by the
law of the country in which they are
executed.
d. Grant the action for annulment on the
ground that Shantung Company did not
authorized Magdalene to sell the
property.
79. Wendy, single, bought a parcel of land
in Dagupan City from Amante for
P600,000.00. A contract was executed
between them which already vested
upon Wendy full ownership of the
property, although payable in monthly
installments for a period of 4 years.
One year after the execution of the
contract, Wendy got married to Lorenzo.
They executed a marriage settlement
whereby they agreed that their
properties shall be governed by the
regime of conjugal partnership of gains.
Thereafter, subsequent installments
were paid from the conjugal partnership
funds.
Is the land conjugal or
paraphernal?
a. The land is conjugal because the
installments were paid from the conjugal
partnership funds.
b. The land is paraphernal because
ownership thereof was acquired before
the marriage.
c. The land is both conjugal and
paraphernal because the installments
were paid from both the personal funds
of Wendy and the conjugal partnership
funds.
d. The land is paraphernal because it was
Wendy who purchased the same.

11

80.

Marvin was married to Charina on


February 14, 1990. Charina gave birth
to a baby girl she named Noreen. Due
to irreconcilable differences, Marvin left
the conjugal dwelling. Charina, on the
other hand fell in love with David and
they decided to live together as husband
and wife on May 12, 1992. Six (6) years
after or on September 8, 1998, Marvin
died in an accident.
Free at last,
Charina and David decided to get
married on February 14, 2000 executing
an affidavit that they have been living
together as husband and wife for more
than five (5) years. The marriage took
place but the solemnizing officer failed
to execute an affidavit that he
ascertained the qualifications of the
contracting parties. Two (2) years later,
Charina died living a considerable
amount of properties. Noreen, assisted
by her grandparents, filed a petition
questioning the validity of her marriage
to David. If you were the judge, how will
you decide on the petition?

a. Dismiss the petition on the ground that


Noreen has no personality to question
the validity of the marriage of her mother
to David.
b. Grant the petition on the ground that he
ascertained the qualifications of the
contracting parties and found no legal
impediment to the marriage.
c. Dismiss the petition on the ground that
the marriage is valid because Charina
and David lived together as husband
and wife for more than 5 years and their
marriage took place after the death of
Marvin, the husband of Charina, thus,
no need to secure a marriage license.
d. Grant the petition on the ground that the
marriage is void ab anitio, as the
ratification of their marital cohabitation is
not valid.

conjugal partnership.
Hence, they
executed a public document wherein
they declare that they had no debts, that
they were voluntarily dissolving their
conjugal partnership, and that each of
them would thereafter be free to acquire
or
dispose
of
any
property
independently of the other. Thereafter,
they lived apart.
Ana engaged in
business which unfortunately failed.
Reynaldo, on the other hand, continued
to be gainfully employed and was able
to acquire properties through his own
efforts. The creditors of Ana obtained a
judgment against the latter which they
could not satisfy because Ana was
insolvent. Could the creditors of Ana
obtain satisfaction of the judgment out of
the properties of Reynaldo?
a. Yes, because the properties of Reynaldo
are conjugal as they were obtained
through his efforts and industry.
b. Yes, because the parties are still legally
married to each other when the creditors
obtained a favorable judgment against
Ana.
c. No, because the properties of Reynaldo
are his exclusive properties as they
were obtained through his own efforts
and industries.
d. No, because there was an agreement
between the parties to voluntarily
dissolved their conjugal partnership.

82.

Jessie donated P200,000.00 to the


unborn child of his cousin Laura, which
the latter accepted in a private
instrument.
After 6 months of
pregnancy, the fetus was born and
baptized Casey. Casey died 22 hours
after birth. Jessie sought to recover the
P200,000.00.
Is Jessie entitled to
recover the money he donated?

a. No, because the donation is valid as


Laura already accepted the same
81. Spouses Reynaldo and Ana decided to
separate and to voluntary dissolve their

12

b. No, because when Casey died, Laura,


as Caseys heir, inherited the money
donated by Jessie.
c. Yes, because the donation never
produced any legal effect as Casey, the
supposed donee, never acquired civil
personality.
d. Yes, because the donation is void as the
acceptance was not made in a public
instrument, thus producing no legal
effect.
83.

Clark Kent, an American national,


married Darna dela Cruz, a Filipino
Citizen last March 8, 1992 with a valid
marriage license. It appears that Clark
Kent was issued a certificate of legal
capacity to contract marriage after the
celebration of the marriage. The U.S.
embassy claims that such marriage is
void from the beginning.
Is the
contention of the U.S. embassy
tenable?

a. Yes, because the law provides that


when either or both of the contracting
parties are citizens of a foreign country,
it shall be necessary for them, before a
marriage license can be obtained, to
submit a certificate of legal capacity to
contract marriage, issued by their
respective diplomatic or consular
officials.
b. Yes, because the marriage license was
wrongfully obtained by the parties,
thereby invalidating the marriage.
c. No, because the U.S. embassy later on
issued a certificate of legal capacity to
contract marriage, thus, during the
defect in the issuance of the marriage
license.
d. No, because the absence of the
certificate of legal capacity to contract
marriage is a mere irregularity in the
formal requisites of marriage, thus it will
not affect the validity of the marriage.

consular office of the Philippines in


Australia. According to the laws of
Australia, a marriage solemnized by a
consular official is valid, provided that
such marriage is celebrated in
accordance with the laws of such
consular official. What is the status of
the marriage of Glenda and John Riel?
a. Void, because the consular official has
no authority to solemnize the marriage.
b. Valid, because according to the laws of
Australia, such consular official has
authority to celebrate the marriage.
c. Voidable,
because
there is an
irregularity in the authority of the
consular official to solemnize marriages.
d. Valid, because such marriage is
recognized as valid in the place where it
was celebrated.
85.

The doctrine of Self-Help is an


exemption that a person should not take
the law intro his own hands.

a. Yes, under special circumstances.


b. No, because everybody should be law
abiding citizen.
c. No, because ignorance of the law
excuses no one.
d. No, because the rule allows no
exemption.
e. All of the above.
86. Excited over their impending marriage,
the parties overlooked the expiration
date of their marriage license but just
the same the marriage was solemnized
two days after its expiration date. The
marriage is:
a. valid there being a marriage license

validly obtained by the parties.


b. voidable there being a defect in the

formal requisite.
c. valid there being only an irregularity in

the marriage license.


84. Glenda, a Filipino citizen and John Riel,
an Australian citizen, got married in the

d. void in the absence of a valid marriage

license.

13

e. valid there being good faith on the part

of the parties.
87. Filipinos are governed by their national
law with respect to the following matters,
except:
a.
b.
c.
d.
e.

legal capacity
family rights and status
personal property
testamentary succession
intrinsic validity of wills

88.

b. the husband had a serious illness that

prevented him from engaging in sexual


intercourse.
c. the child could not be his for biological or
scientific reasons.
d. they were living apart.
e. he is physically incapable of sexual
intercourse
91. A marriage is void if:
a. solemnized

Separation of property between


spouses during the marriage may take
place only:

b.

a. by agreement of the spouses.


b. if one of the spouses has given ground

d.

for legal separation.

c.

e.

c. upon order of the court.


d. if one spouse has abandoned the other.
e. if only one of the spouses is earning.

with a marriage license


issued without complying with the
required 10-day posting.
solemnized by a minister whom the
parties believe to have the authority.
between parties both 23 years of age but
without parental advice.
between a woman and her husbands
killer/holdup per.
solemnized by a commanding officer
between two members of his battalion.

92. In legal separation:


89.

For civil purposes, a fetus may be


considered born if:

a. it had an intra-uterine life of 8 months but


b.

c.

d.

e.

is dead upon delivery.


it had an intra-uterine life of less than 7
months and it died after 5 days upon
delivery.
it had an intra-uterine life of less than 7
months and dies within 24 hours after its
complete delivery from the maternal
womb.
it was aborted on request of or with
permission from the father to save the
life of the mother.
it had an intra-uterine life of 9 months but
dies in the maternal womb.

90.

The husband may impugn the


legitimacy of his child but not on the
ground that:

a. the aggrieved spouse may file the action

b.
c.
d.
e.

within 5 years from the time of the


occurrence of the cause.
no trial shall be held without the 6-month
cooling off period being observed.
the spouses will be entitled to live
separately upon the start of the trial.
the prosecuting attorney has to conduct
his own investigation.
the decree will not be granted solely on
the basis of admission.

93. Three years after marriage, wife learned


that husband is afflicted with STD.
Apparently, he has been afflicted even
before the marriage but concealed such
fact. An action for annulment may be
filed by the wife.
a. within five years after marriage.
b. anytime during the lifetime

of

the

husband.
a. the wife is suspected of infidelity.

14

c. within five years upon knowledge of the

e. All of the above.

STD.
d. anytime during the lifetime of the wife.
e. anytime during the marriage.

97.

94. On March 3, 1995, wife delivered a child


at which time the husband has been
harboring the suspicion of her
unfaithfulness. He has since been
contemplating
on
impugning
the
legitimacy of the child until he met an
accident and died on March 27, 1996.
The legitimacy of the child may be
impugned by:
a.
b.
c.
d.
e.

his parents
his illegitimate child, if any
his brothers or sisters
his aunts or uncles
none of them

95.

Specific guidelines have been laid


down by the Supreme Court in the
interpretation
and
application
of
psychological incapacity as a ground for
annulment.

a. the incapacity must be proven to be

b.
c.
d.
e.

existing at the time of the celebration of


the marriage.
the illness must be grave
the burden of proof must rest on the
respondent.
the roots of the illness can be traced to
the history of the subject
the incapacity appears to be incurable.

96. Excessive donation inter vivos may be


revoked or reduced after the death of
the donor.

A husband by chance discovered


hidden treasures on the paraphernal
property of his wife, who owns the
discovered treasure.

a. The half pertaining to the husband


(finder) belongs to the conjugal
partnership
b. The half pertaining to the wife (as
owner) belongs to the conjugal
partnership
c. One half shall belong to the husband as
finder and the other half shall belong to
the wife as owner of the property.
d. a and b
98. Action for rescission on the account of
lesion will prescribe within --a.
b.
c.
d.

10 years
5 years
7 years
answer not given

99. Which one is more burdensome,


easement or usufruct?
a. Usufruct because the usufructuary has
possession and fruits of the property
b. Easement because the servient estate is
under obligation to let others use the
property
c. None, because in both cases there is no
transfer of title
d. Easement because easement is
enforceable even if there is no contract
100. Are growing crops real property?

a. Yes, in so far that it reduces the

legitimate of the compulsory heirs.


b. No, because it took effect while the donor
is still alive.
c. No, because it will impair the right of a
person to enter into a contract.
d. No, because it is not practical.

a. Yes, for the purpose of civil law


b. No, for the purpose of criminal law
c. No, for the purpose of commercial law
d. All of the above
e. None of the above

15

101. A, donated a parcel of land to the


unborn child of H and W, is the
donation valid?
a. No, because there is no donee
yet
b. No, because there is no one yet
to accept the donation
c. Yes, provided the child be born
alive or to live for at least 24 hours
under certain conditions
d. No, because the donee has no
name yet to whom the land is to be
transferred
102. Mr. J constructed a basketball court at
the middle of the street, may Mr. J
be charged criminally in court?
.
a. No. because the remedy is only
destruction or removal
b. No, because the case is inlay civil
in nature
c. Yes, provided that the basketball
court be declared first as a public
nuisance
d. Yes, provided that Mr. J did not
pay any permit to the local
government
103. Mr. X planted a mango tree at the edge
of the boundary line of his (X) land
with Mr. B. After ten years branches
of the mango tree encroached the
air space of B. Mr. X is the owner of
the
encroaching
branches
because
a. of the principle accessory follows
the principal
b. the tree is planted in his (X) land
c. in accordance with the law of
easement
d. All of the above
e. None of the above

104. Which among the properties of the


states that could be the subject of
prescription in favor of a private person?
a. agricultural land
b. forest land
c. public road
d. seashore
105. Which among the churches listed
below is owned by the Roman Catholic
Church?
a. Quiapo Church constructed after
1898
b. San Agustin Church constructed
before 1898
c. Manila Cathedral constructed before
1898
d. Vigan Church constructed before
1898
106. Which among the group of things listed
below could not be considered as a
property?
a. res nullius
b. res communes
c. res alicujus
d. None of the above
107. Patrimonial Property of the State refers
to
a. those no longer intended for public
use and public service
b. those no longer intended for public
good and public welfare
c. those actually possessed, occupied or
utilized by indigenous cultural minorities
by themselves or through their
ancestors
108. The document issued by the
government agency concerned stating
that mineral resources project under
consideration will not bring about an

16

unacceptable environmental impact and


that the proponent has satisfied the
requirements of the environmental
impact system is called
a.
Environmental
Compliance
Certificate (ECC)
b. Environmental Impact Statement
(EIS)
c. Joint Venture Agreement (JVA)
d.
Mineral
Resource
EDUC
Certification
109. Which of the following marriages is
void for reasons of public policy?
a. Between brothers and sisters,
whether of the full or half blood
b. Between step-parents and step
children
c. Between parents-in-law and
children-in-law
d. B and C
e. None of the above
110. Which of the following is not included in
the attributes of juridical capacity?
a. Juridical Personality is inherent in
every natural person, and therefore
it is not acquired.
b. Juridical capacity is lost only
through death
c. Juridical capacity can be limited or
restricted
d. Juridical capacity cannot exist
without capacity to act
e. None of the above

b. Concealment of drug addiction of a


sexually-transmissible
disease,
regardless of its nature, existing at
the time of the marriage
c. Concealment of drug addiction,
habitual alcoholism, homosexuality
or lesbianism existing at the time
of marriage
d. Concealment by the wife or the
husband of the fact of previous
sexual relations prior to the
marriage
e. All of the above
112. Which of the following is not a requisite
for a valid donation propter nuptias?
a. The donation must be made
before the celebration of the
marriage
b. The
donation
shall
be
automatically revoked in case of
non-celebration of the marriage
c. The donation must be made in
consideration of the marriage
d. The donation must be made in
favour of one or both of the
future spouses
e. None of the above
113. Which of the following circumstances
does not terminate the absolute community
of
property?

111. The following constitute the different


circumstances or cases of fraud which will
serve as ground for the annulment of a
marriage, except?

a. Upon the death of either spouse


b. Upon conviction of a crime
involving moral turpitude by
either spouse
c. When the marriage is annulled
or declared void.
d. When there is a decree of legal
separation
e. None of the above

a. Non-disclosure of the previous


conviction by final judgment of the
other party of a
crime
involving moral turpitude

114. The general rule is that both husband


and wife must jointly adopt except in the
following
cases:

17

a. When one spouse seeks to


adopt his own illegitimate child
b. When one spouse seeks to
adopt his own legitimate child
c. When one spouse seeks to
adopt the legitimate child of the
other
d. A and B
e. A and C
115. Which of the following is not a ground
for extinguishment of parental authority?
a. Upon the death of the child
b. Upon adoption of the child
c. Upon appointment of a general
guardian
d. All of the above
e. None of the above
116. Bruce was pronounced by his
physician to be suffering from an incurable
disease and that he is going to die at
anytime. Bruce was engaged to Margarita.
In view of the pronouncement of Bruces
doctor, the two got married without a
marriage license. Six (6) months thereafter,
Bruce died. The validity of their marriage
was attacked on the ground that the
marriage was not a marriage in articulo
mortis. What is the status of the marriage
between Bruce and Margarita.
a. Voidable
b. Valid
c. Valid but subjects the party responsible
to civil, criminal and administrative
liability
d. Unenforceable
e. Void ab initio
117. Which of the following does not
characterized legal separation?

c. The spouses are still married to each


other and cannot, therefore remarry
d. There are ten (10) grounds for legal
separation
e. None of the above
118. The Civil Code of the Philippines took
effect on:
a.
b.
c.
d.

August 30, 1951


June 30, 1950
August 30, 1950
June 30, 1949

119. Charlie gave his diamond-encrusted


watch worth Php 25,000.00 to his friend
Danny as a birthday gift. Danny readily
accepted the gift with profuse gratitude.
One month later, they had a serious
quarrel; hence, Charlie demanded the
return of the watch from Danny. Danny
refused to return the watch.
What is the nature of this donation?
(a) Valid, because there was intention to
donate and delivery by the donor
Charlie.
(b) Valid, because there was acceptance
and receipt of the donated personal
property by the donee Danny.
(c) Void, because the value of the thing
donated exceeded Php 5,000.00 and
the donation and acceptance were not
in writing.
(d) Void, because the value of the thing
donated exceeded Php 5,000.000 and
the donation and acceptance were not
in a public instrument.
120. In a residential subdivision in San
Pedro, Laguna, Marimar constructed
and maintained a shoe factory which
emits pollution and very loud noise 24
hours a day.
How do you classify this nuisance?

a. The marriage is not defective


b. The grounds arise only after
marriage

the

18

(a) Nuisance per se, because it is always a


nuisance, regardless of its location and
surroundings.
(b) Nuisance per accidents, because it is
only a nuisance based on its location
and circumstances.
(c) Nuisance per se, because it affects the
entire subdivision
(d) Nuisance per accidents, because it
affects and annoys the entire residential
subdivision.
121. Amelia and Arsenio are married.
Amelia went to the U.S. to work as a
nurse in 2005. She left her two (2)
children, Benjie and Cherry, 4 years old
and 2 years old, respectively, with her
parents, Danilo and Elenita. Later,
because his parents-in-law, do not want
to give his children to him, Arsenio,
through trickery, was able to get his
children
from
their
maternal
grandparents. Danilo and Elenita are
claiming that they have a better right to
have custody over Benjie and Cherry
since they are financially capable of
supporting the needs of the children.
Can the grandparents claim back the
children?
(a) Yes, because the mother Amelia has
transferred her parental authority over
the children in favor of the grandparents.
(b) Yes, because the grandparents are more
financially capable of providing for the
needs of the children.
(c) No, because parental authority should
be vested on the present parent,
Arsenio.
(d) No, because the children should be
given back to their mother considering
that being both less that 7 years of age,
their mother must have custody over the
children.
122.

a. A derivative mode of acquiring


ownership
b. An original mode of acquiring ownership
c. Not a mode of acquiring ownership
d. None of the above
123. Clara thinking of her morality, drafted a
will and asked Roberta, Hannah, Luisa and
Benjamin to be witnesses during the day of
the signing of her will, Clara fell down the
stairs and broke both her arms. Coming
from the hospitals, Clara insisted on signing
her will by thumb mark and said that she
can sign her full name later. While the will
was being signed, Roberta, experienced a
stomach ache and kept going to the
restroom for long period of time. Hannah
while waiting for her turn to sign the will,
was reading the 7th Harry Potter book on the
couch, beside the table on which everyone
was signing
Benjamin, aside from
witnessing the will. Also offered to notarize
it. A week after, Clara was run over by a
drunk driver while crossing the street in
Greenbelt. May the will of Clara be admitted
to probate? Give your reasons briefly.
a. Yes, because the testatrix signed
the will in the presence of 4
credible witnesses and the
credible witnesses signed the will
in the presence of the testatrix
and of one another.
b. Yes, because the testatrix signed
the will in the presence of 3
credible witnesses and the 3
credible witnesses signed the will
in the presence of the testatrix
and of one another.
c. No, because there were only two
credible witnesses who attested
and signed the will in the
presence of the testatrix and of
the one another.
d. No, because the testatrix was
not

Occupation is:

19

124. In 1986, Jennifer and Brad were madly


in love. In 1989, because a certain
Picasso painting reminded brad of
her, Jennifer acquired it and placed
it in his bedroom. In 1990, Brad and
Jennifer broke up. While Brad was
mending his broken hearth, he met
Angie and fell in love. Because the
Picasso painting reminded Angie of
him, Brad in his will bequeathed the
painting to Angie. Brad died 1995.
Saddened by Brads death, Jennifer
asked for the Picasso painting as a
remembrance of him. Angie refused
and claimed that Brad, in his will,
bequeathed the painting to her is
Angie correct? Why or why not?
a. Yes, because the painting was
owned by Brad
b. Yes, because the painting was
given as legacy to her by Brad.
c. No. because the real owner of
the painting was Jennifer.
d. Yes, because the painting was
given to Brad as a gift by
Jennifer.
125. For purpose of this questions, assume
all formalities and procedural requirements
have been complied with:
in 1970 Ramon and Dessa got
married. Prior to their marriage, Ramon had
a child, Anna. In 1971 and 1972 Ramon and
Dessa legally adopted Cherry and Michelle
respectively. In 1973, Dessa died while
giving birth to Larry. Anna had a child. Lia,
Anna never married. Cherry, on the other
hand, legally adopted Shelly. Larry had
twins, Hans and Gretel, with his girlfriend,
Fiona. In 2005, Anna, Larry, and Cherry
dies. Who may inherit from Ramon and who
may not? Give your reason briefly.
a. Lia shall inherit from Ramon
because the iron-barrier rule is
not
applicable
his
being
illegitimate daughter of Anna, the
illegitimate daughter of Ramon.

b. Hans and Gretel shall not inherit


from Ramon, the iron barrier rule
applicable in this case. Hans and
Gretel are the legitimate son of
Ramon.
c. Michelle shall inherit from
Ramon being the legally adopted
daughter of Ramon. She enjoys
the same rights and privilege just
like a legitimate child, including
successional rights
d. Shelly shall not inherit being the
legally adopted daughter of
Cherry, the legally adopted
daughter
of
Ramon.
The
relationship created by fiction of
law extends only the adopter
and adoptee and does not
extend anymore to parents of
the adopter.
e. All of the above
126. The following constitute fraud which is
a ground for annulment of marriage
a. concealment of pregnancy of the
wife by a man other than the
husband
b. concealment of drug addiction,
habitual
alcoholism,
homosexuality or lesbianism
existing at the time of marriage
c. concealment
of
physical
incapacity of consummating the
marriage and such incapacity
continues and appears to be
incurable
d. letters a and b
e. all of the above

127. A valid marriage licence secured prior


to the marriage is a formal requisite to make
the marriage valid except;
a. marriage in articulo mortis
b. marriage between parties who
have been cohabiting for at least 5

20

years without
any legal
impediment to marry each other
c. marriage before the consul,
consul-general or vice consul
between Filipino citizens abroad
d. letters a and b
e. all of the above

128. The absolute community of properly


terminates
a. upon the death of either spouse
b. when the mirage is annulled or
declared void
c. upon separation of the spouses
de facto
d. letters a and b
e. all of the above

ANSWER KEY IN CIVIL LAW 1


1. C
2. C
3. C.
4. C
5. C
6. B
7. C
8. B
9. B
10. A
11. C
12. B
13. A
14. A
15. B
16. C
17. A
18. D
19. A
20. B
21. A
22. D
23. D
24. B
25. C

67. C
68. B
69. A
70. D
71. E
72. D
73. D
74. C
75. C
76. A
77. C
78. C
79. B
80. D
81. A
82. C
83. D
84. A
85. A
86. C
87. C
88. C
89. B
90. A
91. E

26. B
27. C
28. D
29. B
30. A
31. A
32. A
33. D
34. B
35. A
36. B
37. D
38. D
39. C
40. C
41. D
42. D
43. B
44. B
45. B
46. D
47. C
48. B
49. A
50. B
51. A
52. E
53. E
54. D
55. B
56. B
57. C
58. D
59. E
60. D
61. D
62. D
63. E
64. C
65. E
66. C

92. C
93. C
94. A
95. A
96. B
97. C
98. D
99. A
100. C
101. C
102. C
103. D
104. A
105. A
106. B
107. B
108. B
109. D
110. D
111. D
112. B
113. E
114. E
115. E
116. B
117. D
118. C
119. C
120. B
121. C
122. C
123. C
124. C
125. E
126. D
127. E
128. E

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