Explore topic-wise MCQs in Uncategorized topics.

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.

151.

A & B both Filipinos are married. While having vacation in Hawaii, A executed a will in accordance with USA law, where there is only one (1) witness. Is the will valid?

A. The will is void because it is not in accordance with Philippine law.
B. The will is valid because of the doctrine of lex loci celebrations.
C. The will cannot be admitted to probate because the same has yet to be probated abroa
Answer» C. The will cannot be admitted to probate because the same has yet to be probated abroa
Discussion
152.

A executed a deed of donation in favor of B who accepted it. It however states that the donation will take effect upon A s death and B cannot alienate, but it further states that B can register the deed and obtain a title. What is the nature of the donation?

A. Mortis causa;
B. Conditional donation inter vivos;
C. Inter vivos;
D. Conditional donation mortis causa.
Answer» D. Conditional donation mortis causa.
Discussion
153.

A executed a deed of donation to the DECS subject to the condition that it be devoted for educational purposes. The DECS did not accept it in the same instrument or in an authentic writing but took possession of the property and constructed a school building. Twenty (20) years thereafter, it executed a deed of exchange with B for a bigger property. Can A revoke the donation?

A. A can ask for the recoveyance of the property because the donation is void as it was not accepted by DECS in the same instrument.
B. A cannot ask for reconveyance because there was acceptance thru DECS possession and compliance with the condition.
C. A can recover because DECS did not comply with the condition.
D. A cannot recover because of prescription.
Answer» C. A can recover because DECS did not comply with the condition.
Discussion
154.

A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A became insane and still insane when he received the notice of acceptance of the donation. He died without recovering his sanity. Is the donation valid?

A. Yes, because at the time of the donation, he was capacitated;
B. Yes, because the acceptance can even be conveyed to his legal representatives;
C. Yes, because there is only one moment which must be considered inorder to determine the donor s capacity to make donation, that is the time of the making of the donation (Art. 737, NCC) when he offered to donate;
D. No, Article 737 declares that the donor s capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation.
Answer» E.
Discussion
155.

The deed of donation by A in favor of B states: Donation Inter Vivos but there is a provision that although the land donated shall be delivered to the donee immediately upon perfection of the same with right to enjoy the fruits of the land, it will pass to the donee after the death of the donor. After the donor s death, the heirs sought to recover the property. Will the action prosper?

A. No, because since the donation is a inter vivos, it took effect driving the lifetime of the donor;
B. No, because the donee has acquired ownership over the property;
C. Yes, because the donation is a donation mortis causa hence, it has to comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC)
D. No, because a donation inter vivos is irrevocable.
Answer» D. No, because a donation inter vivos is irrevocable.
Discussion
156.

For payment to extinguish the obligation:

A. The thing or service in which the obligation consists must be completely delivered or rendered.
B. Payment must not have been justifiably refused by the creditor.
C. Payment must be in legal tender.
D. All of the above.
Answer» E.
Discussion
157.

The service of the subsidiary imprisonment of an insolvent offender shall extinguish his civil liability.

A. True
B. False
C. None of the above
D. all
Answer» B. False
Discussion
158.

A lent money to B with a penalty clause providing for 6% per month. In case a suit is filed, what do you think the court will do with the penalty?

A. It will declare it void because it is contrary to law;
B. It will declare it void because it is contrary to public policy;
C. It will reduce the penalty. (Art. 1229, NCC);
D. It will declare the penalty void as it is contrary to morals.
Answer» D. It will declare the penalty void as it is contrary to morals.
Discussion
159.

A had a 4-storey building which was constructed by Engineer B and at the same time the contractor. After five years, the building developed cracks and its stairway eventually gave way and collapsed due to poor quality of materials used in the construction, resulting to injuries to some lessees. Who should the lessees sue for damages?

A. A, the owner;
B. Both A and B;
C. B, the contractor;
D. No one because of wear and tear of the building.
Answer» D. No one because of wear and tear of the building.
Discussion
160.

ABC Corp. is a furniture manufacturing company. One weekend, the manager and two (2) employees had an overtime to finish a work upon instruction of A, the President. At 12:00 midnight they were through with the work, so B, the manager went back home driving a company car but dropped by a coffee shop to have midnight snacks and a cup of coffee. At 1:30 a.m., he was driving the company car on his way home when a motorcycle collided with the car resulting in the death of C, the motorcycle rider. At the time of the collision, a woman shouted Papa as she was surprised by the sudden collision. Who is liable for the death of C?

A. The company is liable because the manager was still performing his tasks.
B. B alone is liable because at the time of the accident, he was not performing his tasks.
C. The company & B are solidarily liable.
D. B, but in case of insolvency, the company.
Answer» C. The company & B are solidarily liable.
Discussion
161.

A & B are married. B who was then pregnant by six (6) months was on board a bus going to the office. The vehicle met an accident resulting in injuries to B and death of the fetus. They sued the bus company for damages due to the death of the fetus. Is the company liable?

A. A & B are entitled to an award of compensatory damages in the amount of P50,000.00 for the death of the fetus.
B. A & B can be entitled to an award of moral damages for the death of the fetus.
C. A & B are not entitled to any amount of damages because the fetus has yet to be born in order to die.
D. A & B are entitled to damages because the fetus had life inside the womb of the mother which the constitution and the law protect.
Answer» C. A & B are not entitled to any amount of damages because the fetus has yet to be born in order to die.
Discussion
162.

A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?

A. No, because it is not a joint petition;
B. No, because the requirement of a joint petition for adoption is mandatory;
C. Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369)
D. No, because adoption rules are mandatory.
Answer» D. No, because adoption rules are mandatory.
Discussion
163.

A and B are married. They have a daughter C who has a 5-year old child. C went to Hongkong to work for 2 years and left the child to the custody of X and Y who are not related to them. When A and B learned about the departure of their daughter, they demanded the surrender of the custody of their granddaughter, D to them, but X and Y refused, hence A and B sued X & Y for habeas corpus. When the order was served upon them, they produced the body of the child. The court dismissed the petition immediately. Is the dismissal correct?

A. The order of the court is correct because the petition for habeas corpus has become moot and academic.
B. The order of the court is not correct because it should have heard the case to determine if the best interest of the child would be served if custody remains with X & Y or will he transferred to A & B.
C. The order of the court is correct because in the order of preference, the grandparents are given preference by law.
D. The order of the court is correct because the mother has the right to choose the persons who will have custody of her child, looking into the best interest of the child.
Answer» C. The order of the court is correct because in the order of preference, the grandparents are given preference by law.
Discussion
164.

A & B are married. They have a daughter C who is only 5 years of age. B, without the consent of A went to the USA and worked as a nurse and left her daughter with her parents as A is a soldier who is always out of the conjugal dwelling. Can A recover the custody of his child?

A. A can recover custody of his daughter because parental authority is inalienable.
B. A cannot recover custody of his daughter because it may not be possible for him to attend to her needs.
C. The parents of B have a better right to take care of C considering that they are affluent and the best interest of the child is of utmost importance.
D. A cannot recover the custody of his child because the mother s decision is binding as the child is below the age of 7.
Answer» B. A cannot recover custody of his daughter because it may not be possible for him to attend to her needs.
Discussion
165.

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
Answer» B. No, because it is covered by a Torrens title.
Discussion
166.

X & Y are married. They have a daughter who is 5 years old. They are living separately in fact. Y left the custody of her child to Z, her sister and went to live with S, a married man. S & Y wanted to get back the custody of Z. Will the action prosper?

A. Yes. They can because parental authority is inalienable.
B. Yes. They can because a child below the age of 7 cannot be separated from the mother.
C. No. They cannot because it would be impossible to have a moral development of Z under an immoral environment.
D. Yes. They can because in the line of preference of custody, Y has the right to have custody over her child.
Answer» D. Yes. They can because in the line of preference of custody, Y has the right to have custody over her child.
Discussion
167.

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.
Answer» D. No, because the local ordinance is not valid for being contrary to law.
Discussion
168.

A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will?

A. The will is invalidated;
B. The will is valid and effective;
C. The legacy given to B s child is not valid;
D. The will is valid and the legacy will be given to B s child because a will is the voice of the testator even after death.
Answer» D. The will is valid and the legacy will be given to B s child because a will is the voice of the testator even after death.
Discussion
169.

What is the test in determining whether a person may demand an easement of right of way?

A. Least prejudicial to the servient estate and the shortest distance to the highway.
B. Most prejudicial to the servient estate but shortest distance to the highway.
C. Creation of another way which is shortest to the highway and closing the previous right of way.
D. Total inadequacy.
Answer» E.
Discussion
170.

If the seller cancels the contract to sell under the Maceda Law, when will it take effect after receipt of notice of cancellation or demand for rescission by notarial act?

A. 10 days
B. 30 days
C. 20 days
D. One (1) year
Answer» C. 20 days
Discussion
171.

A lent money to B in 1950 payable in 1951. Despite demand, B failed to pay. In 2011, his daughter who recently became a lawyer sent a demand for payment to B who sent a letter acknowledging the debt and asked for one (1) year to pay but failed to pay within the extended period. A filed a complaint for sum of money. How do you think the court will decide?

A. Dismiss the action due to prescription;
B. Dismiss due to laches;
C. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);
D. Dismiss on the ground of estoppel.
Answer» D. Dismiss on the ground of estoppel.
Discussion
172.

A sold his house to B for an agreed price. Before it could be delivered it was hit by lightning and it was totally lost. State the effect of the loss.

A. A bears the risk of loss as he has not yet vested ownership to B.
B. A has to bear the risk of loss because he was in possession of the house at the time of loss.
C. B bears the risk of loss as an exception to the principle of res perit domino;
D. A has to bear the risk of loss since he was negligent.
Answer» D. A has to bear the risk of loss since he was negligent.
Discussion
173.

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
Answer» D. No, because the testatrix was not
Discussion
174.

A is indebted to B in the amount of P2M. When the obligation became due and demandable B delivered to A his car and A accepted it. A month later A sued B for sum of money. Can B interpose the defense of dacion en pago?

A. B can interpose the defense of dacion en pago, because of the acceptance of the object.
B. B can interpose the defense of extinguishment of the obligation by way of novation.
C. B can interpose the defense of novation since the delivery of the car resulted in a change of relationship.
D. B cannot interpose the defense of novation because novation cannot be presumed, it must be expressly agreed upon.
Answer» E.
Discussion
175.

A executed a last will and testament instituting his parents, brothers and sisters. He did not institute his wife. Is the will valid is he did not institute his wife?

A. The will is valid because it is A s prerogative as to the persons whom he wishes to institute because a will is an act whereby a person is given the right to control to a certain degree the disposition of his estate to take effect after his death.
B. The will is valid because the wife is not an heir in direct line, hence there is no preterition.
C. The will is void because the wife is a compulsory heir of A.
D. The will is valid, anyway, the wife has a share in the conjugal partnership.
Answer» C. The will is void because the wife is a compulsory heir of A.
Discussion
176.

A complaint of forgery was filed against instituted heir after the allowance of probate of the testator s 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.
Answer» B. No, the probate is a justifying circumstance.
Discussion
177.

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.
Answer» E.
Discussion
178.

The attestation in the will of A omitted to state that the testator signed the pages of the will in the presence of the instrumental witnesses. Can evidence aliunde be admitted to prove such fact in the probate proceeding?

A. Yes, to give due course to the petition for probate;
B. No, because such fact cannot be determined from an examination of the will itself;
C. Yes, because the will of a person is his voice even after his death; (Reyes v. CA)
D. Yes, because the court should give tender care to the will.
Answer» C. Yes, because the will of a person is his voice even after his death; (Reyes v. CA)
Discussion
179.

X brought a house and lot from Y valued at P5M. He paid P3M and for the balance, he executed a promissory note with interest at 10% to be paid within 90 days. ABC Corporation executed a surety for the balance. X failed to pay, hence, ABC paid the amount and sued X for the interest and the principal. X contended that he is not bound due to novation when Y accepted the security. Is X correct?

A. Yes, because there is complete incompatibility between the PN and the surety bond;
B. No, because the two contracts, PN and surety can stand together, the surety being merely an accessory to the original contract;
C. Yes, because of implied novation;
D. Yes, because the surety is a new and separate contract.
Answer» C. Yes, because of implied novation;
Discussion
180.

A courted B and promised to marry her. The wedding was set on February 14, 2011 but at the date set for the celebration. A did not appear at the church. B sued A for damages for breach of promise to marry alleging that all preparations have been made and there were so many people who attended their scheduled wedding. She knew however that A was married but still submitted herself to sexual desires of A. Is A liable?

A. A is not liable because mere breach of promise to marry is not an actionable wrong.
B. A is liable because he caused sleepless nights, wounded feelings to B by not appearing at the church.
C. B is not entitled to damages because of mutual lust.
D. B has to bear her own losses.
Answer» D. B has to bear her own losses.
Discussion
181.

Santos owes Maria P5 million. The debt is secured by a mortgaged on the house of Santos.No. 1 - If before the due date, the security is lost through no one s fault, Maria can declare the debt due and demandable even before the original maturity date.No. 2 - If the house was burned up to 25% its value through the fault of Santos, the debt may be declared due by Maria even before the original maturity date but she cannot do so if the impairment was without the fault of Santos.

A. Both are correct.
B. No. 1 is correct; No. 2 is wrong.
C. No. 1 is wrong; No. 2 is correct.
D. Both are wrong.
Answer» B. No. 1 is correct; No. 2 is wrong.
Discussion
182.

A and B are capitalist partners, with C as an industrial partner. A and B contributed P15, 000.00 each to the capital of the partnership. A contractual liability of P40, 000.00 was incurred by the partnership in favor of X. If the capital assets have been exhausted to pay X, leaving a contractual liability of P10, 000.00, X can recover the amount from:

A. A and B only
B. A, B and C
C. A, B and C and C can recover for reimbursement from A and B
D. No reimbursement may be recovered by C.
Answer» B. A, B and C
Discussion
183.

A & B are married. They have properties and they are governed by the conjugal partnership of gains. They negotiated for the sale of one (1) of their properties to C, but when the signing of the contract came, B did not consent to the sale. During the negotiation, they delivered the property to C. Is the sale valid?

A. The sale is valid because a contract is valid in whatever form it may be entered into.
B. The sale is void because it was done by A without the consent of B.
C. The sale is valid because the consent in the negotiation can be treated as consent in the perfection.
D. The sale is valid because the property has already been delivered to C.
Answer» C. The sale is valid because the consent in the negotiation can be treated as consent in the perfection.
Discussion
184.

A entered into a contract of sale over B s house and lot but since there is a balance which remained unpaid, A executed a mortgage over the house and lot. A failed to pay. Can B rescind the contract?

A. Yes, because of material and substantial breach;
B. Yes, because there was delay in the payment of the price;
C. No, because the relationship is no longer that of buyer and seller, but mortgagor and mortgagee.
D. No, because the remedy is to foreclose the mortgage, rescission not being the principal remedy, but merely subsidiary.
Answer» E.
Discussion
185.

A executed a will instituting his heirs and X, his illegitimate child whom he recognized. Before his death, he revoked the will. What is the effect of the revocation of the will?

A. The revocation necessarily carries with it the revocation of the recognition of X.
B. The revocation has no effect on X as the will can be used as an authentic writing as proof of filiation.
C. With the revocation of the will, X has yet to go to court and prove filiation with the use of the will.
D. The will has no favorable effect on X because of its revocation and its non-admission to probate.
Answer» C. With the revocation of the will, X has yet to go to court and prove filiation with the use of the will.
Discussion
186.

State the nature of this donation: I hereby donate to X mortis causa a 1000 square meter lot worth P10M subject to the condition that this donation shall be deemed revoked if he fails to build a house on the land worth P1M within one (1) year from date hereof and delivery shall be made after my death.

A. It is a donation mortis causa as intended;
B. It is a donation mortis causa since delivery will be made after death, it will be effective only from that time;
C. Donation inter vivos that is conditional, the designation not controlling and that the conditions indicate that it is inter vivos;
D. Mortis causa as it will take effect after death as delivery will confer ownership upon the done.
Answer» D. Mortis causa as it will take effect after death as delivery will confer ownership upon the done.
Discussion
187.

A & B are married. They have children, C & D. C has an illegitimate child, E. A died in 2007 and B, C & D inherited from him. C, specifically inherited a house & lot from A located at Ayala Alabang. C died in 2009. Who can inherit from C?

A. B & D alone can inherit from C.
B. E cannot inherit because there is a barrier between illegitimates and legitimates.
C. E can inherit from C because the iron curtain does not apply to C & E.
D. E cannot inherit considering that the only estate C left was his inheritance from A, hence, the iron curtain still applies.
Answer» D. E cannot inherit considering that the only estate C left was his inheritance from A, hence, the iron curtain still applies.
Discussion
188.

A and B are married. They have properties including a family home. B predeceased her husband A. Before A died, he executed a will instituting his wife and children, C, D & E. The family home was willed unto C, hence, he is now claiming to be the exclusive owner of the house & lot. Is C correct?

A. The giving of the family home to C is correct because a will is an act whereby a person is given the right to control a certain degree the disposition of his estate to take effect after his death.
B. The act of A is not correct because the family home remains to be so as the symbol of love and unity of the family for 10 years after the death of A.
C. C acquired ownership over the family home because of the death of A, the testator.
D. A s act is correct and the will will transmit absolute ownership to C after it shall have been probated.
Answer» C. C acquired ownership over the family home because of the death of A, the testator.
Discussion
189.

The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse.

A. True
B. False
C. None of the above
D. all
Answer» C. None of the above
Discussion
190.

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.
Answer» 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.
Discussion
191.

A & B are married. They have a son C who is married to D with children, E & F. C & D adopted G. C died in 2006. A died in 2010. Can G inherit by right of representation?

A. G can inherit by right of representation being the son of C.
B. G cannot inherit by right of representation because such right applies only to blood relatives.
C. G can inherit by right of representation because one of the rights of an adopted child is the right of inheritance without any distinction and discrimination.
D. G can inherit by right of representation like E & F otherwise, he would be deprived of his legitime resulting in unfairness.
Answer» C. G can inherit by right of representation because one of the rights of an adopted child is the right of inheritance without any distinction and discrimination.
Discussion
192.

A & B are married. A became a member of the US Armed Forces but when he came back to the Philippines he found out that his wife was cohabiting with his brother. When he went back to the USA, he divorced B; then got married to C. He died and in the petition for settlement of his estate, B contended that she is entitled to inherit. Is B correct?

A. B is correct because of the original relationship between A & B.
B. B is not correct because what governs the successional rights of A is his national law.
C. B is correct because in Philippine law as A is only an American citizen from the point of view of USA law.
D. B is correct because she acquired a vested right when they got married.
Answer» C. B is correct because in Philippine law as A is only an American citizen from the point of view of USA law.
Discussion
193.

A and B are married. They have two (2) legitimate children. After A died, the heirs acquired properties from A s estate. B got married to C, without liquidating their conjugal partnership. What property relationship governs them?

A. Absolute community of property regime if there is no marriage settlement;
B. Conjugal partnership if there is an agreement;
C. Absolute immunity of property regime if there is an agreement;
D. Mandatory complete separation of property regime.
Answer» E.
Discussion
194.

Mr. X promised to deliver a specified dog named Auger to Mr. Y on April 29, 2005.On the due date, no dog was delivered. Which is not correct?

A. If the dog died on April 30 without anyone s fault, Mr. X shall be liable to Mr. Y by reason of delay.
B. Mr Y shall bear the loss because of res perit domino.
C. Mr. Y shall bear the loss because of genus nunquan perit.
D. Mr X shall bear the loss because of genus nunquan perit.
Answer» D. Mr X shall bear the loss because of genus nunquan perit.
Discussion
195.

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
Answer» E.
Discussion
196.

Mr. Ayco offered to sell his land to Mr. Cruz for P300,000. Mr. Cruz accepted the offer and paid Mr. Ayco the purchase price. Mr. Ayco delivered the owner s duplicate of the Transfer Certificate of title of the land. Mr. Cruz wants to register the land in his name but the Register of Deeds asks Mr. Cruz for the Deed of Sale. What can Mr. Cruz do?

A. He may occupy and use the land as a buyer in good faith.
B. He cannot compel Mr. Ayco to return the payment because the contract is unenforceable.
C. He may compel Mr. Ayco to execute the Deed of Sale because the contract is val
Answer» D.
Discussion
197.

Seller wrote a letter to Buyer offering to sell a piece of land for P500,000. Seller gave Buyer two months to decide and pay the purchase price. Before the lapse of two months, Seller wrote Buyer that the price is now P700,000. Buyer insisted on an acceptance for P500,000. He wants to compel Seller to execute a deed of sale for the original offer of P500,000. May the Seller be compelled to honor the P500,000 offer?

A. No, because Buyer did not accept the original offer.
B. Yes, because two months have not yet elapsed.
C. Yes, because Seller is estoppel by his original letter.
D. Yes, because there was a meeting of the minds.
Answer» B. Yes, because two months have not yet elapsed.
Discussion
198.

A is a contractor, building roads for the government which has not paid him P100M. Before he filed his income tax returns, he wrote a letter to the BIR Commissioner proposing a set-off between the State and A considering that his tax liability amounts to P10M and the State has not paid him despite demand. Is A correct?

A. A is correct because the State and A are mutually debtor and creditor of each other.
B. A is not correct because tax is the life blood of the government.
C. A is correct, otherwise, the State would enrich itself at the expense of A.
D. A is not correct because a tax is different from an ordinary debt, and they are not mutually debtors and creditors of one another.
Answer» E.
Discussion
199.

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.
Answer» 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.
Discussion
200.

Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-up truck, or a van, all of which are specific.No. 1 - If the car and the pick-up truck were lost through Jose s fault, he has no choice but to deliver the van; If the van was lost through a fortuitous event before delivery, the obligation is extinguished and Jose is not liable.No. 2 - If the pick-up truck and the car were lost through a fortuitous event, Jose has no choice but to deliver the van; if before delivery, the van was lost because of Jose s fault, he is liable.

A. Both Nos. are true.
B. No. 1 is false; No. 2 is true.
C. Both Nos. are false.
D. No. 2 is true; No. 1 is false.
Answer» B. No. 1 is false; No. 2 is true.
Discussion