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.
. A, a minor, executed a last will and
testament. !e died at the age of 1,
after which his will was submitted to
probate. If you were the "udge, would
you approve it#
a. $es, because the will is valid.
b. $es, because the testator is
capacitated.
c. %o, because the will is void.
d. %o, because the will is not in
accordance with law.
&. The attestation clause of '(s will do not
contain his signature. At its probate, it
is being opposed on that basis. Is the
opposition correct# )hoose the best
answer.
a. $es, because it is fatal defect.
b. $es, the will is not valid.
c. %o, attestation clause is not an act of
the testator.
d. %o, attestation clause is not a part of a
will.
*. After A has executed a will, he tore it out
of anger because B and ) were
disputing the fact that a house and lot
at +an ,oren-o .illage should have
been given by A to ) when the will
gives it to B. /iscuss whether the will
was revo0ed 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
revo0ing it.
d. The act of tearing the will is material.
1. 2hat is the e3ect if the second heir dies
ahead of the 4rst heir in a
4deicommisary substitution# )hoose
the best answer.
a. %o, transmission of right from the 4rst
heir to the second.
b. %o right of representation
c. The right shall be transmitted to the
heirs of the second heir.
d. %one of the above.
5. +uppose 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# )hoose 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
6uali4ed.
c. The uncles and nephews shall inherit
together.
d. The aunts and nieces shall inherit
together.
7. ' and $ are married. The marriage was
contracted under articulo mortis, and
the testator died within & months from
the time of marriage. 2hat is '(s share
of his spouse(s inheritance# )hoose
the best answer.
a. The surviving spouse shall inherit the
whole hereditary estate.
b. The surviving spouse shall inherit 8 of
the estate.
c. The surviving spouse shall inherit 19& of
the estate.
d. The surviving spouse shall inherit : of
the estate.
;. ' and $ are married. They have children
A, B, and ). /uring the lifetime of ', A
renounced his inheritance from his
father. <pon '(s death, will the right of
accretion apply#
a. $es, A may renounced his inheritance
from his father.
b. $es, the right of accretion applies.
c. %o, because the renunciation is void.
d. %o, because the renunciation is not in
writing.
=. A repudiated his inheritance from his
father. )an he be represented by his
son, B#
a. $es, repudiation do not a3ect right of
representation.
b. %o, because heirs who repudiate their
share may not be represented.
c. $es, because the act of repudiation is
contrary to public policy.
d. %one of the above.
1
1>. If a compulsory heir is disinherited, is it
limited to his legitime#
a. %o, it also covers the free portion.
b. $es, it is limited only to his legitime.
c. /isinheritance a3ect only the free
portion but not the legitime
d. %one of the above.
11. Rights to succession are transmitted?
a. @n date of last will and testament
b. @n probate of will
c. @n death of testator
d. @n date of death of surviving heir
1. 2hat law shall determine the validity of
a will#
a. The national law of testator
b. The law at the time it is made
c. The law at the time of probate of the
will
d. The law at the time of death of the
testator
1&. A holographic has no date except one
found on the 4rst page, is the will valid#
a. $es, because the law does not specify
the place where the date should be
placed.
b. %o, because the date should be after
the signature of the testator.
c. %o, because it did not follow the
re6uirements of law.
d. $es, because the intention of the
testator must be respected.
1*. In case a holographic will is lost, can it
still be probated#
a. %o, because the best and only evidence
of the handwriting is the will itself.
b. %o, the probate court has no
"urisdiction.
c. %o, because the testator is still living.
d. $es, because secondary evidence may
be presented.
11. /isposition captatoria means that the
heir shall ma0e provisions in his will?
a. In favor of another heir
b. In favor of testator or any other person
c. In favor of the state
d. In favor of a legatee
15. Areterition or omission of one, some, or
all the compulsory heirs, or some of
compulsory heirs in the direct line
whether living at the time of the
execution of the will or born after the
death of the testator shall?
a. Ba0e the will voidable
b. Ba0e the will void
c. Annul the institution of heirs
d. Ba0e the will unenforceable
17. After the probate of a will, may a case
for forgery be 4led against an instituted
heir#
a. %o, because the probate of the will is
an evidence of its due execution and
authenticity.
b. %o, because the probate of the will is a
"ustifying circumstance.
c. $es, because a forgery is a criminal
action.
d. $es, because this is a statutory right.
1;. 2hen an in"ury or damage is caused to
another, there being fault or negligence
and there is no preCexisting contractual
relation between the parties, the
source of the obligation is?
a. ,aw
b. )ontracts
c. DuasiCcontracts
d. DuasiCdelicts
1=. The bailee has the right to be
reimbursed in full for advances he
made for extraordinary expenses of
preservation of the sub"ect 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.
>. 2hat are the ob"ectives of Arobate
proceedings#
a. Arobate proceedings see0 to establish
the identity of the will, its genuineness
and due execution, and the
testamentary capacity of the testator.
b. Arobate see0s to determine whether the
will is formally valid.
c. Arobate see0s to determine whether the
will is intrinsically valid.
d. Both b and c are correct.
e. Both a and b are correct.
1. 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 e3ect.
b. as a matter of course.
c. if the amount borrowed is very large.
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d. if the lender so demands at the maturity
date.
. /isinheritance 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 re6uisites are?
a. Bust be a valid will with legal, true and
existing cause expressly stated.
b. Bust be total and complete and said
cause stated in the will.
c. The disinherited heir must be clearly
identi4ed and the will is not revo0ed.
d. All of the above.
&. 2hat crimes committed by a convict
will dis6ualify him as an instrumental
witness to a will#
a. Ealsi4cation of public document.
b. Aer"ury and false testimony.
c. +lander by deed.
d. a and b
*. This party in a reserva troncal is the
descendant Fbrother or sisterG whose
death gives rise to the reserve and
from whom therefore the third degree
is counted is 0nown as?
a. @rigin
b. Aropositus
c. Reservista
d. Reservatorios
1. A has a son B and the latter adopted
). B predeceased his father. )an )
represent B in the inheritance of A#
a. $es, he is a compulsory heir.
b. $es, he is the legal representative.
c. %o, there is no blood relationship
between A and ).
d. %o, he is a voluntary heir.
5. ' during his lifetime sold and
conveyed two FG parcels of land to his
heirs. After '(s death and the probate
of his will, are the conveyed properties
sub"ect to collation for determination of
the heirs( legitime#
a. %o, because ' is no longer the owner of
the conveyed properties.
b. %o, because there was no gratuitous
conveyance.
c. $es, because the heirs are already the
owners of the conveyed properties.
d. $es, they are considered advanced
legitime.
7. )an a criminal convicted of a crime
which carries civil interdiction execute
his will#
a. $es, it is his statutory right.
b. %o, it is an accessory penalty.
c. $es, it only prohibits disposition of
property inter vivos, not mortis causa.
d. %o, it is inconsistent with public policy.
;. +pouses B and % executed two FG
separate wills containing the same
provisions. After their death, their
compulsory heirs 4led a petition for
"oint probate of their wills. @ne of the
voluntary heirs ob"ected because "oint
probate is invalid. Is the ob"ection
tenable#
a. $es, "oint wills are not allowed in the
)ivil )ode.
b. $es, because the wills have di3erent
voluntary heirs.
c. %o, because B and % are spouses.
d. %o, because practicable considerations
dictate the "oint probate of the wills.
=. ' was disinherited by his father $. In
the probate of $(s will, can the children
of ' represent their disinherited father#
a. %o, the disinheritance a3ects the heirs
of the disinherited person.
b. $es, representation is allowed in case of
disinheritance.
c. $es, substitution of the disinherited
person is allowed.
d. %o. Representation is not allowed by
law.
&>. +tate the share in the estate of the
testator of illegitimate children who
survive with the surviving spouse.
a. 19&
b. H
c. 19;
d. 8
&1. A complaint of forgery was 4led
against instituted heir after the
allowance of probate of the testator(s
will. 2ill this action prosper#
a. %o, the probate of the will is an
evidence of the due execution of the
will.
b. %o, the probate is a "ustifying
circumstance.
c. $es, forgery is a criminal action.
d. $es, this is a statutory right.
&. In reserve troncal the relatives within
third degree coming from the same line
inherit from?
a. /escendant propositus
b. Reservista
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c. @rigin
d. Testator
&&. The renunciation or repudiation of
inheritance shall ta0e e3ect?
a. /ate of repudiation or renunciation
b. /ate of will
c. /ate of allowance of will
d. /ate of death of testator
&*. /isposition )aptatoria is void because
the heir ma0es a disposition in his will
in favor of?
a. another heir
b. testator
c. the +tate
d. a legatee or devisee
&1. Bay the alluvial deposits be lost by
prescription in favor of another#
)hoose the best answer.
a. %o, because there is registration by
4ction of law.
b. %o, because it is covered by a Torrens
title.
c. $es, because it is not covered by a
Torrens title.
d. $es
&5. The northeastern portion of the land of
' is bounded by the Banila bay. If
there is accretion formed, who owns
the accretion# )hoose the best answer.
a. The riparian owner.
b. The accretion belongs to the state.
c. The owner of the contiguous land.
d. Belongs to the land ad"oining it.
&7. 2hich of the following is not a
characteristic of a coCownership#
a. There must be more than one sub"ect
or owner.
b. There is one physical whole divided into
ideal shares.
c. Iach share is de4nite in amount, but is
not physically segregated from the 4rst.
d. The coCownership has "uridical
personality.
&;. The following are modes of
extinguishing usufruct except,
a. Ixpiration of the period for which it was
constituted.
b. Berger of the usufruct and ownership
in the same person.
c. Total loss of the thing.
d. Bad use of the thing in usufruct..
&=. ',$, and J are coCowners of a real
property which was mortgaged to A. '
redeemed it during the period of
redemption with his personal funds.
/id ' become the sole owner of the
property, thereby terminating the coC
ownership#
a. $es, because his redemption vest in
him sole ownership.
b. $es, because the funds belong to him
alone.
c. %o, because the redemption inured to
the bene4t of all coCowners.
d. %o, because $ and J did not consent to
the redemption.
*>. The following are the classes of
possession except.
a. Aossession in one(s name or possession
in the name of another.
b. Aossession in the concept of an owner
or possession in the concept of a
holder.
c. Aossession in good faith or bad faith.
d. Aossession with "ust title.
*1. The following are the re6uisites of the
easement of right of way, except.
a. The property is surrounded by other
estate.
b. There must be no ade6uate outlet to a
public highway.
c. There must be indemnity.
d. That if there is outlet, it is not
convenient to the dominant estate.
*. The following are dis6uali4ed to
donate to each other, except.
a. Those guilty of adultery or concubinage
at the time of the donation.
b. Those found guilty of the same criminal
o3ense in consideration thereof.
c. Those made to public oKcers or their
spouses, descendants, or ascendants,
by reason of their oKce.
d. Those obliged to support one another.
*&. The following are the remedies against
private nuisance, except.
a. A civil action
b. A prosecution under the penal code or
any local ordinance.
c. Abatement without "udicial
proceedings.
d. %one of the above.
**. The nature of action in Duieting of Title
is in personam.
a. %o, it is always a real action since the
sub"ect is real property.
4
b. %o, because the decision is enforceable
against the whole world.
c. $es, provided the sub"ect is personal
property.
d. $es, because the decision is
enforceable only against the defeated
party.
e. %one of the above.
*1. Binerals are still owned by the state
even if discovered from a private land.
a. $es, provided the land is not titled.
b. $es, because the constitution so
provides.
c. %o, if the land is titled to a private
person.
d. %o, it will violate property and property
rights.
e. %one of the above.
*5. The owner and the tenant are in both
possession of the land sub"ect of the
lease contract.
a. %o, only the tenant, because he is in
actual possession of the land.
b. %o, only the owner, because the other
is "ust a mere tenant.
c. $es, but of di3erent concept.
d. %o, either of them.
e. $es, as general rule.
*7. %egative easement may be ac6uired
by prescription through notarial
prohibition.
a. %o, because it is nonCapparent.
b. $es, because notarial prohibition ma0es
apparent what is nonCapparent.
c. $es, because it is provided for by law.
d. $es, only after 1> years from service of
notarial prohibition.
e. %one of the above.
*;. In case of roots of a neighboring tree
intruded to the state of another, the
neighboring owner has the right to cut
it o3.
a. $es, only after his demand for the
cutting is ignored.
b. $es, because he owns the roots that
intruded at his property.
c. %o, without permission from the owner
of the tree.
d. $es, only after 1> years of prescription.
e. %o, as a general rule.
*=. 2hich 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 arti4cially.
. %atural, industrial and civil fruits belong
to the owner.
a. Both statements are correct.
b. +tatement 1 is correctL statement is
incorrect.
c. +tatement 1 is correctL statement is
correct.
1>. It is a process whereby the current of a
river, cree0, or torrent segregates from
an estate on its ban0 a 0nown portion
of land and transfers it to another
estate. +uch process is 0nown as?
a. Alluvion
b. Avulsion
c. Ad"unction
d. )ommixtion
11. 2hich provision of the )ondominium
Act FRA *7=5G 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 pro"ect unless
authori-ed by the aKrmative vote of all
the stoc0holders or members.
. 2henever 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. Arovision 1 is correct, is incorrect.
b. Both provisions are incorrect.
c. Both provisions are correct.
d. Arovision 1 is incorrect, is correct.
1. Bay a real property be classi4ed
validly as personal property#
a. $es provided it will not pre"udice third
person9s.
b. $es by special provision of our laws.
c. $es by agreement between the parties.
d. %o. A real property is always a real
property.
e. A, B M ) are all correct.
1&. <nder our law Nood Eaith is presumed,
why#
a. Because of express provision of our
law9s.
b. Because it is the right thing to do.
c. %o, you have to prove it by extrinsic
evidence..
d. %o, it is to be proven beyond
reasonable doubt.
e. A and B are correct.
5
1*. In li0e manner, Bad Eaith is not
presumed. 2hy#
a. $es, because bad faith is personal.
b. $es, because bad faith could be
inherited.
c. $es, because ignorance of the law
excuses no one.
d. $es, because it should be proven in
court.
e. A and / are correct.
11. In land registration cases, the
government is always represented by
whom#
a. By the @Kce of the )ity Arosecutor.
b. By the @Kce of the +olicitor Neneral.
c. By a private counsel hired for that
matter.
d. By the Register of /eeds.
e. By the Bureau of ,and.
15. Accession is not a mode of ac6uiring
ownership#
a. $es, because it was not one of the
seven F7G modes of ac6uiring
ownership.
b. %o, it is considered as ac6uisition by
law.
c. %o, because it is neither alluvium or
avulsion.
d. $es, in accordance with our customs.
e. $es, as a general rule only.
17. A Torrens Title is not a protection in
alluvium#
a. %o, because a land covered by Torrens
Title is not sub"ect to prescription.
b. %o, for economic reason.
c. $es, because the soil added cannot be
identi4ed.
d. %o, because the property is titled.
e. $es, if the river is navigable or Ooatable
only.
1;. A possessor in bad faith of a land is
entitled for reimbursement as a matter
of right#
a. $es, but only to useful expenses.
b. %o to all 0ind of expenses, because he
is in bad faith.
c. $es, but only to luxury expenses.
d. $es, but only to necessary expenses.
e. $es, by agreement with the parties.
1=. Illegal condition9consideration will
result to nullity of the contract of
donation#
a. $es, because the contract shall be
contrary to law.
b. $es, but if the condition9consideration
had been ful4lled already.
c. %o, if the condition9consideration had
not been ful4lled yet.
d. %o, because it will violate the
constitutional rights of the parties.
e. B and ) are correct
5>. In land registration cases, the court
may ac6uire "urisdiction only after?
a. +ervice of summons to the
respondents9defendants.
b. After trial of the case.
c. <pon 4ling of the petition9complaint.
d. <pon publication.
e. <pon 4ling of the answer by the
respondent9defendants.
51. In the contract of usufruct, the owner
of the property is being called the
na0ed owner. 2hy#
a. Because the owner lost possession of
the property.
b. @nly if the sub"ect is real property.
c. Because of the agreement of the
parties.
d. Because he was divested of his two FG
ma"or rights.
e. Because it is a good name.
5. In formation of an island, the owner of
the nearest margin9distance 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. @nly if the river is Ooatable or
navigable.
d. @nly if the river is nonCOoatable or nonC
navigable.
e. @nly if there is a driesCup river bed.
5&. In perpendicular coCownership, each
Ooor owners must bear expenses
pertaining to his own Ooor#
a. %o, all the coCowners must share
proportionately.
b. %o, it is covered by )ondominium ,aw.
c. $es, because his ownership is
identi4ed.
d. $es, as expressly provided for by law.
e. ) and / are correct.
5*. Iasement is always a real right.
a. $es, if the easement is for use of
another real property.
6
b. %o, if the easement is for use of person
only.
c. $es, because it is enforceable against
the world.
d. %o, because it is a property use
limitation.
e. $es, in the case of contractual
easement only.
51. A nuisance is one of the most serious
hindrance to the en"oyment of life and
property.
a. $es, because it in"ures or endanger our
health and safety.
b. $es, because it annoys or o3ends our
senses.
c. $es, because it shoc0s, de4es or
disregards decency or morality.
d. $es, because it hinders or impairs the
use of property.
e. All are correct.
55. Registration of the Register of /eeds is
a mode of ac6uiring ownership.
a. $es as provided for by A./. 11=.
b. $es as provided for by the %ew )ivil
)ode.
c. %o, it is only for the protection of
ownership rights.
d. $es, because if you failed to register it,
you may lost it by prescription.
e. %one of the above.
57. Bay a local ordinance extinguish a
legal easement#
a. $es, because it is a recent law.
b. $es, if the local ordinance expressly
provided the same.
c. %o, because a local ordinance should
not be repugnant to law.
d. %o, because the local ordinance is not
valid for being contrary to law.
e. ) and / are both correct
5;. A condominium buyer is entitled to the
issuance of the )ondominium
)erti4cate of Title as a matter of right.
a. $es, from the time he signed the
)ontract of +ale.
b. $es, from the time he fully paid the
purchase price.
c. $es, from the time of the delivery of the
condo unit.
d. $es, provided it is stated at the Baster
/eeds.
e. All of the above.
5=. The doctrine of P!ot AursuitQ is an
exemption to that a person should not
ta0e the law into his own hands.
a. $es, under special circumstance only.
b. %o, because everybody should be law
abiding citi-en.
c. %o, because ignorance of the law
excuses no one.
d. %o, because the rule allows no
exemption.
e. All of the above.
7>. The nature of action in Duieting of Title
is in personam.
a. %o, because the sub"ect of the case is
always a real property.
b. %o, because the decision in the case is
enforceable against the whole world.
c. $es, provided the sub"ect is a personal
property.
d. $es, because the decision is
enforceable only against the litigating
parties.
e. %one of the above.
71. <nder Intellectual Aroperty )ode, to be
covered by the law, it is re6uired that
you register your business in the
Ahilippines.
a. $es, because registration will give you
such protection.
b. %o, because the law is design to
protect registered and nonCregistered
owner.
c. %o, because the law is design to
protect world wide piracy of products.
d. $es, because registration will give
"urisdiction to our court.
e. B and ) are correct.
7. Einder of lost movable property is
guilty of the crime of theft if he 0eeps
the thing to himself#
a. %o, because there is no force upon
person.
b. $es, if there is force upon thing.
c. $es, li0e in prescription.
d. $es, because the owner lost only
physical possession.
e. %o, because there is no more owner to
spea0 with.
7&. Reproduction of boo0s by 'erox or
photocopying is a violation of the
)opyright ,aw#
a. %o, it is being tolerated anyway.
b. %o, because there is no law that
prohibits it.
c. %o, because it is economical.
d. $es, because it deprives the author of
his royalties.
e. $es, because the operator of the 'erox
Bachine does not pay his income tax.
7*. /onation is both an act and a contract.
7
a. %o, because it is an act of man only.
b. %o, because there is no exchange of
value.
c. $es, because it is a gratuitous contract.
d. %o, because it is not part of @bligation
and )ontract of %ew )ivil )ode.
e. %one of the above.
71. /onation of the same thing to two or
more persons shall be governed by the
rule on double sale#
a. %o, because they are of di3erent
contracts.
b. %o, because they are covered by
di3erent chapters of the %ew )ivil
)ode.
c. $es, because both acts transfer
ownership.
d. %o, because in donation there is no
exchange of value.
e. %o, because in sale there is exchange
of values.
75. All installment buyers of real estate
are protected by R.A. 511 FBaceda
,awG.
a. $es, because it is the intent and spirit of
the law.
b. %o, only those who had paid at least
years of installment and defaulted later.
c. %o, they have to apply for it 4rst at
!,<RB to be covered.
d. $es, provided it will not violate their
contract.
e. %o, it is applicable only to buyer in
installment of appliances.
77. %oel and ,i-a were sweethearts. ,i-a
became pregnant. Rnowing that %oel
was preparing for the bar
examinations, Biguel, a lawyer and
cousin of ,i-a threatened %oel with the
4ling of a complaint for immorality in
the +upreme )ourt, thus, preventing
him from ta0ing the examinations
unless he marries ,i-a. As a
conse6uence of the threat, %oel
married ,i-a. )an the marriage be
annulled on the ground of intimidation
under Article *1 of the Eamily )ode#
a. $es, because without the threat, %oel
would not marry ,i-a.
b. $es, because the threat, to enforce the
claim of ,i-a, vitiates the consent of
%oel in contracting the marriage.
c. %o, because the threat made by Biguel
is "ust and legal.
d. %o, because Biguel is not a party to the
contract of marriage between ,i-a and
%oel.
7;. Bagdalene and +hantung )ompany
entered into a contract of agency
before the consul general of the
Ahilippines in +ingapore. They
stipulated that Bagdalene shall be the
administrator of the real properties of
+hantung )ompany in the said country.
By virtue of the said contract,
Bagdalene sold the 1 hectare land of
+hantung )ompany located in
+ingapore to Bayhem Real Istate
)orporation without any special power
of attorney. The said contract of sale
was executed before the vice consul of
the Ahilippines in +ingapore. <nder the
laws of +ingapore, the sale of a real
property by an agent without a special
power of attorney is valid. +hantung
)ompany 4led a suit for the annulment
of the contract of sale on the ground
that Bagdalene has no authority to sell
the property. If you were the "udge,
which of the following courses of action
should you ta0e#
a. /ismiss 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. /ismiss the action for annulment on
the ground that the property sub"ect of
the case is located in +ingapore, thus,
the law of +ingapore shall govern.
c. Nrant 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. Nrant the action for annulment on the
ground that +hantung )ompany did not
authori-ed Bagdalene to sell the
property.
7=. 2endy, single, bought a parcel of land
in /agupan )ity from Amante for
A5>>,>>>.>>. A contract was executed
between them which already vested
upon 2endy full ownership of the
property, although payable in monthly
installments for a period of * years.
@ne year after the execution of the
contract, 2endy got married to
,oren-o. They executed a marriage
settlement whereby they agreed that
their properties shall be governed by
the regime of con"ugal partnership of
gains. Thereafter, subse6uent
installments were paid from the
con"ugal partnership funds. Is the land
con"ugal or paraphernal#
a. The land is con"ugal because the
installments were paid from the
con"ugal partnership funds.
8
b. The land is paraphernal because
ownership thereof was ac6uired before
the marriage.
c. The land is both con"ugal and
paraphernal because the installments
were paid from both the personal funds
of 2endy and the con"ugal partnership
funds.
d. The land is paraphernal because it was
2endy who purchased the same.
;>. Barvin was married to )harina on
Eebruary 1*, 1==>. )harina gave birth
to a baby girl she named %oreen. /ue
to irreconcilable di3erences, Barvin left
the con"ugal dwelling. )harina, on the
other hand fell in love with /avid and
they decided to live together as
husband and wife on Bay 1, 1==. +ix
F5G years after or on +eptember ;,
1==;, Barvin died in an accident. Eree
at last, )harina and /avid decided to
get married on Eebruary 1*, >>>
executing an aKdavit that they have
been living together as husband and
wife for more than 4ve F1G years. The
marriage too0 place but the
solemni-ing oKcer failed to execute an
aKdavit that he ascertained the
6uali4cations of the contracting parties.
Two FG years later, )harina died living
a considerable amount of properties.
%oreen, assisted by her grandparents,
4led a petition 6uestioning the validity
of her marriage to /avid. If you were
the "udge, how will you decide on the
petition#
a. /ismiss the petition on the ground that
%oreen has no personality to 6uestion
the validity of the marriage of her
mother to /avid.
b. Nrant the petition on the ground that
he ascertained the 6uali4cations of the
contracting parties and found no legal
impediment to the marriage.
c. /ismiss the petition on the ground that
the marriage is valid because )harina
and /avid lived together as husband
and wife for more than 1 years and
their marriage too0 place after the
death of Barvin, the husband of
)harina, thus, no need to secure a
marriage license.
d. Nrant the petition on the ground that
the marriage is void ab anitio, as the
rati4cation of their marital cohabitation
is not valid.
;1. +pouses Reynaldo and Ana decided to
separate and to voluntary dissolve their
con"ugal partnership. !ence, they
executed a public document wherein
they declare that they had no debts,
that they were voluntarily dissolving
their con"ugal partnership, and that
each of them would thereafter be free
to ac6uire 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 ac6uire properties through his own
e3orts. The creditors of Ana obtained a
"udgment against the latter which they
could not satisfy because Ana was
insolvent. )ould the creditors of Ana
obtain satisfaction of the "udgment out
of the properties of Reynaldo#
a. $es, because the properties of Reynaldo
are con"ugal as they were obtained
through his e3orts and industry.
b. $es, because the parties are still legally
married to each other when the
creditors obtained a favorable
"udgment against Ana.
c. %o, because the properties of Reynaldo
are his exclusive properties as they
were obtained through his own e3orts
and industries.
d. %o, because there was an agreement
between the parties to voluntarily
dissolved their con"ugal partnership.
;. Sessie donated A>>,>>>.>> to the
unborn child of his cousin ,aura, which
the latter accepted in a private
instrument. After 5 months of
pregnancy, the fetus was born and
bapti-ed )asey. )asey died hours
after birth. Sessie sought to recover the
A>>,>>>.>>. Is Sessie entitled to
recover the money he donated#
a. %o, because the donation is valid as
,aura already accepted the same
b. %o, because when )asey died, ,aura,
as )asey(s heir, inherited the money
donated by Sessie.
c. $es, because the donation never
produced any legal e3ect as )asey, the
supposed donee, never ac6uired civil
personality.
d. $es, because the donation is void as the
acceptance was not made in a public
instrument, thus producing no legal
e3ect.
;&. )lar0 Rent, an American national,
married /arna dela )ru-, a Eilipino
)iti-en last Barch ;, 1== with a valid
marriage license. It appears that )lar0
Rent was issued a certi4cate of legal
capacity to contract marriage after the
celebration of the marriage. The <.+.
embassy claims that such marriage is
void from the beginning. Is the
contention of the <.+. embassy
tenable#
9
a. $es, because the law provides that
when either or both of the contracting
parties are citi-ens of a foreign country,
it shall be necessary for them, before a
marriage license can be obtained, to
submit a certi4cate of legal capacity to
contract marriage, issued by their
respective diplomatic or consular
oKcials.
b. $es, because the marriage license was
wrongfully obtained by the parties,
thereby invalidating the marriage.
c. %o, because the <.+. embassy later on
issued a certi4cate of legal capacity to
contract marriage, thus, during the
defect in the issuance of the marriage
license.
d. %o, because the absence of the
certi4cate of legal capacity to contract
marriage is a mere irregularity in the
formal re6uisites of marriage, thus it
will not a3ect the validity of the
marriage.
;*. Nlenda, a Eilipino citi-en and Sohn Riel,
an Australian citi-en, got married in the
consular oKce of the Ahilippines in
Australia. According to the laws of
Australia, a marriage solemni-ed by a
consular oKcial is valid, provided that
such marriage is celebrated in
accordance with the laws of such
consular oKcial. 2hat is the status of
the marriage of Nlenda and Sohn Riel#
a. .oid, because the consular oKcial has
no authority to solemni-e the marriage.
b. .alid, because according to the laws of
Australia, such consular oKcial has
authority to celebrate the marriage.
c. .oidable, because there is an
irregularity in the authority of the
consular oKcial to solemni-e
marriages.
d. .alid, because such marriage is
recogni-ed as valid in the place where
it was celebrated.
;1. The doctrine of P+elfC!elpQ is an
exemption that a person should not
ta0e the law intro his own hands.
a. $es, under special circumstances.
b. %o, because everybody should be law
abiding citi-en.
c. %o, because ignorance of the law
excuses no one.
d. %o, because the rule allows no
exemption.
e. All of the above.
;5. Ixcited over their impending marriage,
the parties overloo0ed the expiration
date of their marriage license but "ust
the same the marriage was solemni-ed
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 re6uisite.
c. valid there being only an irregularity in
the marriage license.
d. void in the absence of a valid marriage
license.
e. valid there being good faith on the part
of the parties.
;7. Eilipinos are governed by their national
law with respect to the following
matters, except?
a. legal capacity
b. family rights and status
c. personal property
d. testamentary succession
e. intrinsic validity of wills
;;. +eparation of property between
spouses during the marriage may ta0e
place only?
a. by agreement of the spouses.
b. if one of the spouses has given ground
for legal separation.
c. upon order of the court.
d. if one spouse has abandoned the other.
e. if only one of the spouses is earning.
;=. Eor civil purposes, a fetus may be
considered born if?
a. it had an intraCuterine life of ; months
but is dead upon delivery.
b. it had an intraCuterine life of less than 7
months and it died after 1 days upon
delivery.
c. it had an intraCuterine life of less than 7
months and dies within * hours after
its complete delivery from the maternal
womb.
d. it was aborted on re6uest of or with
permission from the father to save the
life of the mother.
e. it had an intraCuterine life of = months
but dies in the maternal womb.
=>. The husband may impugn the
legitimacy of his child but not on the
ground that?
a. the wife is suspected of in4delity.
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 scienti4c reasons.
d. they were living apart.
10
e. he is physically incapable of sexual
intercourse
=1. A marriage is void if?
a. solemni-ed with a marriage license
issued without complying with the
re6uired 1>Cday posting.
b. solemni-ed by a minister whom the
parties believe to have the authority.
c. between parties both & years of age
but without parental advice.
d. between a woman and her husband(s
0iller9holdup per.
e. solemni-ed by a commanding oKcer
between two members of his battalion.
=. In legal separation?
a. the aggrieved spouse may 4le the
action within 1 years from the time of
the occurrence of the cause.
b. no trial shall be held without the 5C
month cooling o3 period being
observed.
c. the spouses will be entitled to live
separately upon the start of the trial.
d. the prosecuting attorney has to conduct
his own investigation.
e. the decree will not be granted solely on
the basis of admission.
=&. Three years after marriage, wife
learned that husband is aTicted with
+T/. Apparently, he has been aTicted
even before the marriage but
concealed such fact. An action for
annulment may be 4led by the wife.
a. within 4ve years after marriage.
b. anytime during the lifetime of the
husband.
c. within 4ve years upon 0nowledge of the
+T/.
d. anytime during the lifetime of the wife.
e. anytime during the marriage.
=*. @n Barch &, 1==1, wife delivered a
child at which time the husband has
been harboring the suspicion of her
unfaithfulness. !e has since been
contemplating on impugning the
legitimacy of the child until he met an
accident and died on Barch 7, 1==5.
The legitimacy of the child may be
impugned by?
a. his parents
b. his illegitimate child, if any
c. his brothers or sisters
d. his aunts or uncles
e. none of them
=1. +peci4c guidelines have been laid
down by the +upreme )ourt in the
interpretation and application of
psychological incapacity as a ground
for annulment.
a. the incapacity must be proven to be
existing at the time of the celebration
of the marriage.
b. the illness must be grave
c. the burden of proof must rest on the
respondent.
d. the roots of the illness can be traced to
the history of the sub"ect
e. the incapacity appears to be incurable.
=5. Ixcessive donation inter vivos may be
revo0ed or reduced after the death of
the donor.
a. $es, in so far that it reduces the
legitimate of the compulsory heirs.
b. %o, because it too0 e3ect while the
donor is still alive.
c. %o, because it will impair the right of a
person to enter into a contract.
d. %o, because it is not practical.
e. All of the above.
=7. 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
F4nderG belongs to the con"ugal
partnership
b. The half pertaining to the wife Fas
ownerG belongs to the con"ugal
partnership
c. @ne half shall belong to the husband as
4nder and the other half shall belong to
the wife as owner of the property.
d. a and b
=;. Action for rescission on the account of
lesion will prescribe within CCC
a. 1> years
b. 1 years
c. 7 years
d. answer not given
==. 2hich one is more burdensome,
easement or usufruct#
a. <sufruct because the usufructuary has
possession and fruits of the property
b. Iasement because the servient estate is
under obligation to let others use the
property
c. %one, because in both cases there is no
transfer of title
d. Iasement because easement is
enforceable even if there is no contract
1>>. Are growing crops real property#
11
a. $es, for the purpose of civil law
b. %o, for the purpose of criminal law
c. %o, for the purpose of commercial
law
d. All of the above
e. %one of the above
1>1. A, donated a parcel of land to the
unborn child of ! and 2, is the
donation valid#
a. %o, because there is no donee
yet
b. %o, because there is no one yet
to accept the donation
c. $es, provided the child be born
alive or to live for at least * hours
under certain conditions
d. %o, because the donee has no
name yet to whom the land is to be
transferred
1>. Br. S constructed a bas0etball court at
the middle of the street, may Br. S
be charged criminally in court#
.
a. %o. because the remedy is only
destruction or removal
b. %o, because the case is inlay civil
in nature
c. $es, provided that the bas0etball
court be declared 4rst as a public
nuisance
d. $es, provided that Br. S did not
pay any permit to the local
government
1>&. Br. ' planted a mango tree at the
edge of the boundary line of his F'G
land with Br. B. After ten years
branches of the mango tree
encroached the air space of B. Br. '
is the owner of the encroaching
branches becauseU
a. of the principle Paccessory
follows the principal
b. the tree is planted in his F'G land
c. in accordance with the law of
easement
d. All of the above
e. %one of the above
1>*. 2hich among the properties of the
states that could be the sub"ect of
prescription in favor of a private
person#
a. agricultural land
b. forest land
c. public road
d. seashore
1>1. 2hich among the churches listed
below is owned by the Roman )atholic
)hurch#
a. Duiapo )hurch constructed after
1;=;
b. +an Agustin )hurch constructed
before 1;=;
c. Banila )athedral constructed before
1;=;
d. .igan )hurch constructed before
1;=;
1>5. 2hich among the group of things
listed below could not be considered as
a property#
a. res nullius
b. res communes
c. res alicu"us
d. %one of the above
1>7. Aatrimonial Aroperty of the +tate
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 utili-ed by indigenous cultural
minorities by themselves or through
their ancestors
1>;. The document issued by the
government agency concerned stating
that mineral resources pro"ect under
consideration will not bring about an
unacceptable environmental impact
and that the proponent has satis4ed
the re6uirements of the environmental
impact system is called
a. Invironmental )ompliance
)erti4cate FI))G
b. Invironmental Impact +tatement
FII+G
c. Soint .enture Agreement FS.AG
d. Bineral Resource I/<)
)erti4cation
1>=. 2hich 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 stepCparents and step
children
c. Between parentsCinClaw and
childrenCinClaw
d. B and )
e. %one of the above
11>. 2hich of the following is not included
in the attributes of "uridical capacity#
a. Suridical Aersonality is inherent in
every natural person, and therefore
it is not ac6uired.
12
b. Suridical capacity is lost only
through death
c. Suridical capacity can be limited
or restricted
d. Suridical capacity cannot exist
without capacity to act
e. %one of the above
111. The following constitute the di3erent
circumstances or cases of fraud which will
serve as ground for the annulment of a
marriage, except#
a. %onCdisclosure of the previous
conviction by 4nal "udgment of
the other party of a crime
involving moral turpitude
b. )oncealment of drug addiction of
a sexuallyCtransmissible disease,
regardless of its nature, existing
at the time of the marriage
c. )oncealment of drug addiction,
habitual alcoholism,
homosexuality or lesbianism
existing at the time of marriage
d. )oncealment by the wife or the
husband of the fact of previous
sexual relations prior to the
marriage
e. All of the above
11. 2hich of the following is not a
re6uisite for a valid donation propter
nuptias#
a. The donation must be made
before the celebration of the
marriage
b. The donation shall be
automatically revo0ed in case of
nonCcelebration 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. %one of the above
11&. 2hich of the following circumstances
does not terminate the absolute
community of
property#
a. <pon the death of either spouse
b. <pon conviction of a crime
involving moral turpitude by
either spouse
c. 2hen the marriage is annulled
or declared void.
d. 2hen there is a decree of legal
separation
e. %one of the above
11*. The general rule is that both husband
and wife must "ointly adopt except in the
following cases?
a. 2hen one spouse see0s to
adopt his own illegitimate child
b. 2hen one spouse see0s to
adopt his own legitimate child
c. 2hen one spouse see0s to
adopt the legitimate child of the
other
d. A and B
e. A and )
111. 2hich of the following is not a ground
for extinguishment of parental authority#
a. <pon the death of the child
b. <pon adoption of the child
c. <pon appointment of a general
guardian
d. All of the above
e. %one of the above
115. Bruce was pronounced by his
physician to be su3ering from an incurable
disease and that he is going to die at
anytime. Bruce was engaged to Bargarita.
In view of the pronouncement of Bruce(s
doctor, the two got married without a
marriage license. +ix F5G months
thereafter, Bruce died. The validity of their
marriage was attac0ed on the ground that
the marriage was not a marriage in articulo
mortis. 2hat is the status of the marriage
between Bruce and Bargarita.
a. .oidable
b. .alid
c. .alid but sub"ects the party responsible
to civil, criminal and administrative
liability
d. <nenforceable
e. .oid ab initio
117. 2hich of the following does not
characteri-ed legal separation#
a. The marriage is not defective
b. The grounds arise only after the
marriage
c. The spouses are still married to each
other and cannot, therefore remarry
d. There are ten F1>G grounds for legal
separation
e. %one of the above
11;. The )ivil )ode of the Ahilippines too0
e3ect on?
a. August &>, 1=11
b. Sune &>, 1=1>
c. August &>, 1=1>
d. Sune &>, 1=*=
11=. )harlie gave his diamondCencrusted
watch worth Ahp 1,>>>.>> to his friend
/anny as a birthday gift. /anny readily
13
accepted the gift with profuse
gratitude. @ne month later, they had a
serious 6uarrelL hence, )harlie
demanded the return of the watch from
/anny. /anny refused to return the
watch.
2hat is the nature of this donation#
FaG .alid, because there was intention to
donate and delivery by the donor
)harlie.
FbG .alid, because there was acceptance
and receipt of the donated personal
property by the donee /anny.
FcG .oid, because the value of the thing
donated exceeded Ahp 1,>>>.>> and
the donation and acceptance were not
in writing.
FdG .oid, because the value of the thing
donated exceeded Ahp 1,>>>.>>> and
the donation and acceptance were not
in a public instrument.
1>. In a residential subdivision in +an
Aedro, ,aguna, Barimar constructed
and maintained a shoe factory which
emits pollution and very loud noise *
hours a day.
!ow do you classify this nuisance#
FaG %uisance per se, because it is always a
nuisance, regardless of its location and
surroundings.
FbG %uisance per accidents, because it is
only a nuisance based on its location
and circumstances.
FcG %uisance per se, because it a3ects the
entire subdivision
FdG %uisance per accidents, because it
a3ects and annoys the entire
residential subdivision.
11. Amelia and Arsenio are married.
Amelia went to the <.+. to wor0 as a
nurse in >>1. +he left her two FG
children, Ben"ie and )herry, * years old
and years old, respectively, with her
parents, /anilo and Ilenita. ,ater,
because his parentsCinClaw, do not want
to give his children to him, Arsenio,
through tric0ery, was able to get his
children from their maternal
grandparents. /anilo and Ilenita are
claiming that they have a better right
to have custody over Ben"ie and )herry
since they are 4nancially capable of
supporting the needs of the children.
)an the grandparents claim bac0 the
children#
FaG $es, because the mother Amelia has
transferred her parental authority over
the children in favor of the
grandparents.
FbG $es, because the grandparents are
more 4nancially capable of providing
for the needs of the children.
FcG %o, because parental authority should
be vested on the present parent,
Arsenio.
FdG %o, because the children should be
given bac0 to their mother considering
that being both less that 7 years of
age, their mother must have custody
over the children.
1. @ccupation is?
a. A derivative mode of ac6uiring
ownership
b. An original mode of ac6uiring
ownership
c. %ot a mode of ac6uiring ownership
d. %one of the above
1&. )lara thin0ing of her morality, drafted
a will and as0ed Roberta, !annah, ,uisa
and Ben"amin to be witnesses during the
day of the signing of her will, )lara fell
down the stairs and bro0e both her arms.
)oming from the hospitals, )lara insisted
on signing her will by thumb mar0 and said
that she can sign her full name later. 2hile
the will was being signed, Roberta,
experienced a stomach ache and 0ept
going to the restroom for long period of
time. !annah while waiting for her turn to
sign the will, was reading the 7
th
!arry
Aotter boo0 on the couch, beside the table
on which everyone was signing Ben"amin,
aside from witnessing the will. Also o3ered
to notari-e it. A wee0 after, )lara was run
over by a drun0 driver while crossing the
street in Nreenbelt. Bay the will of )lara be
admitted to probate# Nive your reasons
brieOy.
a. $es, because the testatrix
signed the will in the presence
of * credible witnesses and the
credible witnesses signed the
will in the presence of the
testatrix and of one another.
b. $es, because the testatrix
signed the will in the presence
of & credible witnesses and the
& credible witnesses signed the
will in the presence of the
testatrix and of one another.
c. %o, 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. %o, because the testatrix was
not
14
1*. In 1=;5, Sennifer and Brad were madly
in love. In 1=;=, because a certain
Aicasso painting reminded brad of
her, Sennifer ac6uired it and placed
it in his bedroom. In 1==>, Brad and
Sennifer bro0e up. 2hile Brad was
mending his bro0en hearth, he met
Angie and fell in love. Because the
Aicasso painting reminded Angie of
him, Brad in his will be6ueathed the
painting to Angie. Brad died 1==1.
+addened by Brad(s death, Sennifer
as0ed for the Aicasso painting as a
remembrance of him. Angie refused
and claimed that Brad, in his will,
be6ueathed the painting to her is
Angie correct# 2hy or why not#
a. $es, because the painting was
owned by Brad
b. $es, because the painting was
given as legacy to her by Brad.
c. %o. because the real owner of
the painting was Sennifer.
d. $es, because the painting was
given to Brad as a gift by
Sennifer.
11. Eor purpose of this 6uestions, assume
all formalities and procedural re6uirements
have been complied with?
in 1=7> Ramon and /essa got
married. Arior to their marriage, Ramon
had a child, Anna. In 1=71 and 1=7
Ramon and /essa legally adopted )herry
and Bichelle respectively. In 1=7&, /essa
died while giving birth to ,arry. Anna had a
child. ,ia, Anna never married. )herry, on
the other hand, legally adopted +helly.
,arry had twins, !ans and Nretel, with his
girlfriend, Eiona. In >>1, Anna, ,arry, and
)herry dies. 2ho may inherit from Ramon
and who may not# Nive your reason brieOy.
a. ,ia shall inherit from Ramon
because the ironCbarrier rule is
not applicable his being
illegitimate daughter of Anna,
the illegitimate daughter of
Ramon.
b. !ans and Nretel shall not inherit
from Ramon, the iron barrier
rule applicable in this case.
!ans and Nretel are the
legitimate son of Ramon.
c. Bichelle shall inherit from
Ramon being the legally
adopted daughter of Ramon.
+he en"oys the same rights and
privilege "ust li0e a legitimate
child, including successional
rights
d. +helly shall not inherit being the
legally adopted daughter of
)herry, the legally adopted
daughter of Ramon. The
relationship created by 4ction of
law extends only the adopter
and adoptee and does not
extend anymore to parents of
the adopter.
e. All of the above
15. 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
17. A valid marriage licence secured prior
to the marriage is a formal re6uisite to
ma0e the marriage valid exceptL
a. marriage in articulo mortis
b. marriage between parties who
have been cohabiting for at least 1
years without any legal
impediment to marry each other
c. marriage before the consul,
consulCgeneral or vice consul
between Eilipino citi-ens abroad
d. letters a and b
e. all of the above
1;. 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
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