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This section includes 596 Mcqs, each offering curated multiple-choice questions to sharpen your Uncategorized topics knowledge and support exam preparation. Choose a topic below to get started.
451. |
A, bus conductor killed a passenger. Is the operator civilly liable? |
A. | Yes, based on contract, but with defense of the diligence of a good father of a family; |
B. | Yes, based on quasi-delict; |
C. | Yes, based on breach of contract of carriage, but cannot interpose the defense of due diligenc; |
D. | Yes, but subsidiary in case of insolvency of the driver. |
Answer» D. Yes, but subsidiary in case of insolvency of the driver. | |
452. |
A & B are married but due to conflicts, A left the conjugal dwelling and went to live with C, one of his children. Despite B s pleas, A refused to return to the conjugal dwelling. Can B file an action to compel A to return? |
A. | B can file an action to compel A to return to the conjugal dwelling because it is A s duty to live with her. |
B. | B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act. |
C. | B can sue A for him to return to the conjugal dwelling because the law mandates him to live with her. |
D. | B can file a petition for habeas corpus citing her children as respondents for them to produce the body of their father in court for the court to order A to return to the conjugal dwelling. |
Answer» C. B can sue A for him to return to the conjugal dwelling because the law mandates him to live with her. | |
453. |
In fideicommissary substitution when will there be transmission of rights to the second heir? |
A. | Upon the death of the testator; |
B. | Upon the death of the first heir; |
C. | Upon the death of the last relative of the testator; |
D. | Upon the execution of the will by the second heir. |
Answer» C. Upon the death of the last relative of the testator; | |
454. |
A leased his house & lot to B who subleased it to C. B failed to pay the rentals. What does A have against C? |
A. | A can sue C for the rentals. |
B. | A can hold C liable for the rentals by suing him for ejectment. |
C. | A can hold C liable for the rentals, but the liability is merely subsidiary. |
D. | A can never make C liable for the rentals because of lack of privity between them. |
Answer» D. A can never make C liable for the rentals because of lack of privity between them. | |
455. |
What is the nature of the contract of rent of safety deposit boxes? |
A. | Mutuum |
B. | Commodatum |
C. | Deposit |
D. | Lease. |
Answer» E. | |
456. |
To whom does hidden treasure which is discovered belong? |
A. | Hidden treasure belongs to the owner of the land, building, or other property on which it is found. |
B. | Hidden treasure belongs to the State because of the Regalian Doctrine in which the full ownership of all natural resources on natural matter than may be found in the bowels of the earth shall belong to the State. |
C. | Hidden treasure belongs to the person who finds it. |
D. | Hidden treasure belongs to the State, owner of the land in which it is found and to its finders. |
Answer» B. Hidden treasure belongs to the State because of the Regalian Doctrine in which the full ownership of all natural resources on natural matter than may be found in the bowels of the earth shall belong to the State. | |
457. |
A obtained a loan from Metrobank. As security, he delivered and deposit certificate maturing on April 29, 2011. A failed to pay, hence, the bank encashed the deposit certificate. A contended that it is pactum commissorium. Is A correct? |
A. | Yes, because the encashment is an automatic appropriation of the security; |
B. | A is not correct because the bank had yet to perform an act to appropriate the money deposited; |
C. | A is not correct because the act done was a matter of compensation; (BPI v. CA, 232 SCRA 302; Art. 1980, NCC) |
D. | A is correct because there can be no compensation since the relationship between the bank and A is one of deposit. |
Answer» D. A is correct because there can be no compensation since the relationship between the bank and A is one of deposit. | |
458. |
A and B are married. B executed a will instituting A as an heir but A was pronounced the guilty spouse in an action for legal separation. What happens to the will after the decree of legal separation? |
A. | B can revoke it; |
B. | The will is revoked by implication of law; |
C. | The will remains valid and A can inherit if the will is admitted to probate; |
D. | The heirs can file an action to revoke the will. |
Answer» C. The will remains valid and A can inherit if the will is admitted to probate; | |
459. |
If an injured party in a contract has demanded rescission, he later may ask for performance. However, of he seeks performance, he can no longer seek for rescission of the contract. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» C. None of the above | |
460. |
In case of contract of deposit, the depository has the following rights or obligations except: |
A. | To keep the thing safely. |
B. | To return the thing deposited. |
C. | To make use of the thing deposited with the permission of the depositor. |
D. | To deposit the thing deposited with a third person when there is an express stipulation allowing the same. |
Answer» D. To deposit the thing deposited with a third person when there is an express stipulation allowing the same. | |
461. |
A filed an action for legal separation against B. After the decree of legal separation was granted, A died. What will the court do after notice of death of A? |
A. | Dismiss the action for legal separation because it has become moot and academic; |
B. | Continue with the liquidation of the properties of the spouses; |
C. | Archive the case; |
D. | Issue an order directing the substitution of party. |
Answer» C. Archive the case; | |
462. |
A and B are married. They have been in possession of an agricultural land of the public domain as early as 1935. After their death C and D, their heirs inherited the same. Can they register the land? |
A. | No, because the land forms part of the public domain; |
B. | Yes, because their predecessors have been in possession continuously, openly, publicly and adversely of an alienable land of the public domain as early as June 12, 1945 thus, converting ipso jure the same to private land; |
C. | No, because of the Regalian Doctrine; |
D. | No, because prescription does not lie against the State. |
Answer» C. No, because of the Regalian Doctrine; | |
463. |
In an obligation to do or to render service, the oblique may impose personal force or coercion to compel the obligor to comply with his obligation. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» C. None of the above | |
464. |
Pedro receives a package via Federal Express. When he opened the package he realized that the same was delivered to him by mistake and that the real owner thereof is Pablo, his neighbor. The obligation of Pedro to give the package to Pablo arises from |
A. | law |
B. | contracts |
C. | moral obligations |
D. | solutio indebiti |
Answer» E. | |
465. |
The quasi-contract of negotiorum gestio requires the following. Which is the exception? |
A. | There must be an abandoned or neglected property or business. |
B. | Someone voluntary takes charge of that abandoned business or property. |
C. | The owner must consent to the management of his business or property by someone. |
D. | The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property. |
Answer» D. The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property. | |
466. |
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. |
Answer» E. | |
467. |
Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles? |
A. | Mr. P may initiate a criminal action against Allied Bus Lines. |
B. | Mr. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only. |
C. | Mr. P may initiate a criminal action only against the driver of the bus. |
D. | Mr. P may initiate civil action for damages on a quasi-delict theory against the driver of the bus. |
Answer» D. Mr. P may initiate civil action for damages on a quasi-delict theory against the driver of the bus. | |
468. |
A sold his house and lot to B worth P1M for P100,000.00. Is the sale valid? |
A. | Yes, even if there is gross inadequacy. |
B. | Voidable; |
C. | No, because the price is simulate |
Answer» B. Voidable; | |
469. |
What are the rights of a builder in bad faith? |
A. | The builder in bad faith may demand for the reimbursement of improvements of the land. |
B. | The builder in bad faith may demand for the payment or reimbursement for necessary expenses for the preservation of the land and value of the building. |
C. | The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building. |
D. | The builder in bad faith is entitled to reimbursement of all expenses available for reimbursement. |
Answer» D. The builder in bad faith is entitled to reimbursement of all expenses available for reimbursement. | |
470. |
A obtained P50,000.00 from B to be placed in A s safety deposit box. What is the nature of the contract? |
A. | The contract is a loan. |
B. | It is a contract of lease. |
C. | It is a commodatum. |
D. | It is a deposit. |
Answer» E. | |
471. |
When is donation deemed perfected? |
A. | Upon the signing of the deed of donation; |
B. | When the donor comes to know of the acceptance of the donation by the donee; |
C. | Upon delivery of the object of donation; |
D. | Upon registration of the deed of donation. |
Answer» C. Upon delivery of the object of donation; | |
472. |
A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of 90 square meters. A sued B and C for partition. How do you thing the court will decide? |
A. | It will grant the action since land is basically divisible; |
B. | It will dismiss because the land is so small; |
C. | It will dismiss because the land is so small that to divide it will render it useless for the purpose it is intended; |
D. | It will grant the action otherwise, A, B and C will be deprived of their right to make use of the property. |
Answer» D. It will grant the action otherwise, A, B and C will be deprived of their right to make use of the property. | |
473. |
By hidden treasure is understood, for legal purposes, any hidden and unknown deposit except: |
A. | Money |
B. | Precious objects |
C. | Jewelry |
D. | Mineral deposits |
Answer» E. | |
474. |
A and B entered into a compromise agreement dated April 29, 2007 and approved on July 1, 2007. It states that A will pay B the amount of P1M within one (1) year from the execution of the agreement. What is the reckoning point of the one (1) year period? |
A. | From the approval of the compromise; |
B. | From the receipt of the judgment based on compromise; |
C. | From the date of the execution of the compromise; |
D. | 15 days after receipt of the judgment. (Santos Ventura Hocorma Foundation, Inc. v. Santos, 5 November 2004). |
Answer» D. 15 days after receipt of the judgment. (Santos Ventura Hocorma Foundation, Inc. v. Santos, 5 November 2004). | |
475. |
A was able to register a mineral land under TCT No. 1 as early as 1950. After his death, his children B and C inherited it and sold to D. What is the remedy of the State if it chooses to recover it today? |
A. | File a petition for escheat; |
B. | File an action for reversion which is imprescriptible (Rep v. Animas, 56 SCRA 499); |
C. | Cannot file any action anymore because the title has become indefeasible; |
D. | Cannot recover anymore because while A s title was void, D has acquired it in good faith and for value. |
Answer» C. Cannot file any action anymore because the title has become indefeasible; | |
476. |
When there is a change in the object or principal conditions, an obligation is extinguished by |
A. | confusion |
B. | compensation |
C. | novation |
D. | condonation or remission |
Answer» B. compensation | |
477. |
An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» C. None of the above | |
478. |
The following are contracts that require the delivery of the subject matter before a perfected contract exists. Which is the exception? |
A. | An agreement to borrow/lend money. |
B. | An agreement to borrow/lend a car. |
C. | An agreement to deposit 1,000 bags of cement in a warehouse. |
D. | A sale of a car. |
Answer» E. | |
479. |
No. 1 - the same act of negligence of the defendant that causes injury to another may give rise to a liability based on culpa aquiliana and culpa criminal and the injured party may recover twice from the same act or omission of the defendant. No. 2 - When the defendant causes damage to the plaintiff through the formers fault or negligence, there being no contractual relationship between them, the basis of the defendant s liability is a quasi-contract. |
A. | Both statements are false. |
B. | Both statements are true. |
C. | Only No. 1 is true. |
D. | Only No. 2 is true. |
Answer» E. | |
480. |
A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» B. False | |
481. |
A leased his house and lot to B with option to renew. How will the contract be renewed? |
A. | At the option of B; |
B. | At the option of A; |
C. | Automatically; |
D. | Upon agreement of A and B as it must be interpreted to be reciprocal in character where the renewal is subject to agreement of the parties. |
Answer» E. | |
482. |
A part can recover damages incurred during the period of negotiation, even if the contract is not finally perfected as long as there was a definite offer made by the other party who, without any valid reason, withdrew from the negotiations. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» B. False | |
483. |
Donna, authorized her friend Joyce to sell his Prada bag worth P100,000 on installment basis. Joyce, however, sold the bag on cash in contravention of the authority given to her. Was the sale valid? |
A. | No, because the agent acted beyond the scope of his authority. |
B. | Yes, because the sale in cash redounds to the benefit of Donna. Hence, despite violation of the authority given, the sale is valid. |
C. | Yes, because Donna as principal is always bound by the act of his agent, Joyce. |
D. | No, because the agent violated the terms of the authority given to her. |
Answer» C. Yes, because Donna as principal is always bound by the act of his agent, Joyce. | |
484. |
In which of the following is a contract of sale not perfected? |
A. | Giving of downpayment; |
B. | Giving of earnest money; |
C. | Giving of option money; |
D. | Accepting the offer. |
Answer» D. Accepting the offer. | |
485. |
X and Y entered into a contract. X agreed to deposit P50,000 with Y s account to make it appear that Y had sufficient capitalization in forming an incorporation. They agreed that Y should return the money plus 12% interest within 30 days. What is the nature of the contract? |
A. | Mutuum, because of the stipulation as to interest. |
B. | Mutuum, because Y acquired ownership upon depositing the amount in his account. |
C. | Commodatum, because Y never acquired ownership over the money as he was under obligation to return it and it was only for purposes of exhibiting that he had sufficient capital. |
D. | Commodatum, because the stipulation for the payment of interest did not convert it to mutuum. |
Answer» D. Commodatum, because the stipulation for the payment of interest did not convert it to mutuum. | |
486. |
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. |
C. | Yes, but only to luxury expenses. |
D. | Yes, but only to necessary expenses. |
Answer» E. | |
487. |
A and B were engaged to marry on April 3, 2012. They entered into a marriage settlement that they would be bound by the rule on co-ownership. Is the ante-nuptial agreement valid? |
A. | No, because they should be governed by the absolute community because it is void; |
B. | Yes, they can agree on any other property regime; |
C. | No, because they can only agree on the conjugal partnership of gains; |
D. | No, because they should agree on the complete separation of property regime. |
Answer» C. No, because they can only agree on the conjugal partnership of gains; | |
488. |
A, B, C & D are the co-owners of a parcel of land. They agreed to orally partition the property. Is the partition valid? |
A. | The contract of partition is void because it was not put into writing. |
B. | The contract is unenforceable because it was not put into writing. |
C. | The contract is valid because a contract can be in any form. |
D. | The contract is valid and enforceable because in matters of realty, the Statute of Frauds governs only conveyances and leases and partition is not a lease; it is not a conveyance but merely segregation of a property. |
Answer» E. | |
489. |
A, B, and C are co-owners of a parcel of land. A sells his aliquot part of the whole property without the consent of B and C. Is the sale valid? |
A. | Yes, it is valid, because the right of alienation is one of his rights over the ideal shares in the co-ownership. |
B. | No, it is invalid, because the consent of his co-owners is material for the sale to be valid. |
C. | Yes, it is valid because the co-owners did not object when he sold his part. |
D. | No, it is invalid because a co-owner cannot sell his part to third person without offering it first to his co-owners. |
Answer» B. No, it is invalid, because the consent of his co-owners is material for the sale to be valid. | |
490. |
A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A s land which proved positive. With A s consent, B extracted the hidden treasure. Is B entitled to 1/2? |
A. | No, because he is not a finder by chance due to his intention; |
B. | No, because he should have found it by sheer luck; |
C. | Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it; |
D. | No, he is entitled merely to compensation for his efforts. |
Answer» D. No, he is entitled merely to compensation for his efforts. | |
491. |
A, was a consistent scholar at a prestigious university enjoying free tuition fees, books, clothing and housing allowances and was given a cash allowance of P25,000.00 per month. Due to some family problems, he decided to go back to General Santos City and enrolled at Holy trinity College, but before he could obtain his credentials, he was required to refund the amount of P300,000.00 equivalent to the privileges he enjoyed as that was the condition in the scholarship grant. Can he recover the amount? |
A. | No, because the contract is the law between the parties; |
B. | No, because of the principle of mutuality of contracts; |
C. | Yes, because the stipulation is contrary to morals and public policy. (Cui v. Arellano Univ., May 30, 1961; Art. 1306, NCC) |
D. | No, because of the principle of solution indebiti. |
Answer» D. No, because of the principle of solution indebiti. | |
492. |
What is the remedy of an owner of a titled land in case it was registered by another with the use of fraud under his name? |
A. | He can file an action for reconveyance within 10 years from the discovery of the fraud; |
B. | He can file an action for reconveyance within 10 years from the date of registration since the registrant is merely holding it as a trustee. |
C. | He can file an action for reconveyance at anytime since the title is void, hence, the right to file the action is imprescriptible; |
D. | He has to file the action within 4 years from the discovery of the fraud. |
Answer» C. He can file an action for reconveyance at anytime since the title is void, hence, the right to file the action is imprescriptible; | |
493. |
A wrote his brother B authorizing the latter to sell a parcel of land belonging to him located in Cagayan Valley. On the strength of such letter-authority, B sold the land. Is the sale valid? |
A. | No, because the letter-authority must be in a public instrument. |
B. | No, because the letter-authority must be participated in a notary public. |
C. | Yes, because it is sufficient that the letter-authority be in writing. |
D. | No, sale in invalid. |
Answer» D. No, sale in invalid. | |
494. |
An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» B. False | |
495. |
A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» B. False | |
496. |
A leased a parcel of land to B. Without A s consent, B constructed a warehouse. What is the nature of the warehouse? |
A. | It is a personal property because the builder was in bad faith; |
B. | It is a personal property because the builder is not the owner; |
C. | It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (CA) 48 O.G. 4374) |
D. | Personal because it is a structure which can be removed by the builder. |
Answer» D. Personal because it is a structure which can be removed by the builder. | |
497. |
Is a stipulation in a contract of lease granting the lessee an exclusive right to renew the contract valid? |
A. | No, because it is violative of the principle of mutuality of contracts; |
B. | No, because validity or compliance cannot be left to the will of only one of the parties; |
C. | Yes, it is fundamentally part of the consideration in the contract. (Allied Bank v. CA, January 16, 1998) |
D. | No, it is contrary to law. |
Answer» D. No, it is contrary to law. | |
498. |
A and B entered into a contract of sale over A s house but did not reflect the actual purchase price. What is the nature of the contract? |
A. | Valid and relatively simulated contract but can be reformed. |
B. | Void as there is total lack of consideration. |
C. | Voidable due to lack of consideration. |
D. | Unenforceable. |
Answer» B. Void as there is total lack of consideration. | |
499. |
A entered into a contract of sale over his undivided 1/5 of the estate of his father during the pendency of the intestate proceeding with the condition that the same shall be approved by the intestate court. Is the contract valid? |
A. | The contract is void because the right is a mere expectancy since the estate has not yet been divided. |
B. | The contract is valid only if the court approves it. |
C. | The contract is valid because the condition that it be approved by the court is a mere condition for performance. |
D. | The contract is void because approval of the court must be obtained before the sale. |
Answer» D. The contract is void because approval of the court must be obtained before the sale. | |
500. |
A entered into a contract of loan with a bank. They stipulated that if there will be a law or BSP circular that will allow the increase in the interest rate, the bank will increase it. Is the stipulation valid? |
A. | Yes, because of the principle of liberty of contracts; |
B. | Yes, because of the principle of mutuality of contracts; |
C. | No, considering that there is no corresponding de-escalation clause; |
D. | Yes, because the increase is not unilateral. |
Answer» D. Yes, because the increase is not unilateral. | |