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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.
251. |
A and B entered into a contract for A to construct a 20-door apartment for B. Payment shall start after the construction of ten (10). A subsequent agreement was entered into that payment will start after construction of seven (7). What is the effect of the subsequent agreement? |
A. | It is extinguished the obligation partly because of novation; |
B. | It is a modificatory novation as there was a change in the principal terms and conditions of the contract; |
C. | It is an extinctive novation as the two (2) agreements are incompatible; |
D. | It did not alter the relationship as it has no effect at all. |
Answer» C. It is an extinctive novation as the two (2) agreements are incompatible; | |
252. |
A entered into a contract to sell over a residential lot. He has already paid more than 2 years installments. Thereafter, he failed to pay. What right does A have if the contract is cancelled? |
A. | He has the right of reimbursement of all his payments regardless of the number of years of payment; |
B. | He has the right to seek for a grace period of 1 month for every year of installment payments; |
C. | He has the right of refund of the cash surrender value of the payments on the property equivalent to 50% of the total payments made; |
D. | He has the right of reimbursement of 100% of his installments after payment for five (5) years. |
Answer» D. He has the right of reimbursement of 100% of his installments after payment for five (5) years. | |
253. |
A entered into a contract of sale with pacto de retro over B s house & lot. The house is valued at P10M. B failed to exercise the right to repurchase. State the effect of B s failure to exercise the right to repurchase. |
A. | B can consolidate his ownership to become the owner. |
B. | B need not consolidate his ownership because by the mere lapse of the period to repurchase, he became the owner. |
C. | B cannot consolidate his ownership because that would amount to pactum commissorium. |
D. | B cannot sell the property as he is the owner. |
Answer» C. B cannot consolidate his ownership because that would amount to pactum commissorium. | |
254. |
A, B & C are the co-owners of a parcel of land. They leased it to D. For failure to pay the rents, A alone sued D. Will the action prosper? |
A. | The action will not prosper because B & C are indispensable parties. |
B. | The action will not prosper because of failure to implead B & C who are real parties in interest. |
C. | The action will prosper because anyone of the co-owners may sue for ejectment. |
D. | The action will not prosper because the suit by A is not in representation of the co-ownership. |
Answer» D. The action will not prosper because the suit by A is not in representation of the co-ownership. | |
255. |
With abuse of confidence, A was able to register a real property belonging B in 1990. B discovered it in 2011. Can B file an action to recover his property? |
A. | Yes, because the title of A is void; |
B. | Yes, provided that he files an action within four (4) years from the discovery of the act of A; |
C. | No, because the action has prescribed as 10 years have already passed since the registration of the property; |
D. | Yes, because there was no act of repudiation of the trust. |
Answer» D. Yes, because there was no act of repudiation of the trust. | |
256. |
Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter accepted in a private instrument. After 6 months of pregnancy, the fetus was born and baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the P200,000.00. Is Jessie entitled to recover the money he donated? |
A. | No, because the donation is valid as Laura already accepted the same |
B. | No, because when Casey died, Laura, as Casey s heir, inherited the money donated by Jessie. |
C. | Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality. |
D. | Yes, because the donation is void as the acceptance was not made in a public instrument, thus producing no legal effect. |
Answer» D. Yes, because the donation is void as the acceptance was not made in a public instrument, thus producing no legal effect. | |
257. |
A owns a parcel of land. Through the natural current of the river, there was a gradual increase in the area from 11,000 square meters to 13,000 square meters in a period of 8 years. Can A register the land? |
A. | No, because it is a public land; |
B. | No, because he has not acquired it by prescription as the State is not bound by the rules on prescription; |
C. | Yes, being the riparian owner, he is the owner of the accretion; |
D. | No, because he has not possessed it for a period of 10 years. |
Answer» D. No, because he has not possessed it for a period of 10 years. | |
258. |
The northeastern portion of the land of X is bounded by the Manila bay. If there is accretion formed, who owns the accretion? Choose the best answer. |
A. | The riparian owner. |
B. | The accretion belongs to the state. |
C. | The owner of the contiguous la |
Answer» C. The owner of the contiguous la | |
259. |
A is a squatter on the land of B and constructed a house. When sued for forcible entry, he asked for reimbursement from B for the improvements. Is A correct? |
A. | Yes, he is entitled to the extent of the value of the improvement; |
B. | Yes, to the extent of 50% of the value of the improvement; |
C. | Yes, but only for the expenses in the preservation of the land; (Art. 449, NCC) |
D. | Yes, for the value of the necessary improvement. |
Answer» D. Yes, for the value of the necessary improvement. | |
260. |
A, the son of X and Y was indebted to B in the amounted of P10M. Should the amount be brought to collation if X and Y paid the same? |
A. | No, because it is the duty of the parents to support a child; |
B. | Yes, because it is a donation inter vivos made to A, a compulsory heir, hence, an advance inheritance; |
C. | No, because A is merely indebted to X and Y; |
D. | No, because it was not gratuitously given. |
Answer» C. No, because A is merely indebted to X and Y; | |
261. |
Which provision of the Condominium Act (RA 4796) is correct?1. A condominium corporation shall not, during its existence, sell, exchange, and lease or otherwise dispose of the common areas owned by or held by in the condominium project unless authorized by the affirmative vote of all the stockholders or members.2. Whenever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for purposes of real property taxation and other tax purposes, to the owners thereof and tax on each such condominium shall constitute a lien solely thereon. |
A. | Provision 1 is correct, 2 is incorrect. |
B. | Both provisions are incorrect. |
C. | Both provisions are correct. |
D. | Provision 1 is incorrect, 2 is correct. |
Answer» B. Both provisions are incorrect. | |
262. |
A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» C. None of the above | |
263. |
No. 1 The laws governing deposits govern the relationship between a bank depositor and a bank. No. 2 A creditor may be compelled to receive a certified check in payment of a loan. |
A. | Both are false. |
B. | Both are true. |
C. | No. 1 is true; No. 2 is false. |
D. | No. 1 is false; No. 2 is true. |
Answer» B. Both are true. | |
264. |
What is the remedy of a spouse if the other leaves the conjugal dwelling and refuses to return and lives with the parents? |
A. | File a petition for habeas corpus; |
B. | File a complaint for specific performance to compel him/her to return; |
C. | File a complaint for support; |
D. | No remedy in court because the act of living together is a mere voluntary act which cannot be compelled by any proceeding in court. |
Answer» E. | |
265. |
A and B are married. A, with the use of fraud, sold a parcel of land belonging to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale void? |
A. | No more because the action has already prescribed; |
B. | Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10) |
C. | No, because the 4-year period to file action based on fraud has prescribed; |
D. | No, because the buyer is a buyer in good faith and for value. |
Answer» C. No, because the 4-year period to file action based on fraud has prescribed; | |
266. |
There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» C. None of the above | |
267. |
An obligation to pay can arise from certain lawful, voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» C. None of the above | |
268. |
A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right. |
A. | Yes, from the time he signed the Contract of Sale. |
B. | Yes, from the time he fully paid the purchase price. |
C. | Yes, from the time of the delivery of the condo unit. |
D. | Yes, provided it is stated at the Master Deeds. |
Answer» C. Yes, from the time of the delivery of the condo unit. | |
269. |
Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the same to Mr. B who accepted. |
A. | The donation is valid. |
B. | The donation is voidable and may be annulled. |
C. | The donation is void and Mr. X may get the cell phone back. |
D. | The donation is void but Mr. X cannot get the cell phone back. |
Answer» D. The donation is void but Mr. X cannot get the cell phone back. | |
270. |
When a party causes damage to another due to his negligent act and such damage is caused in the course of the performance of a contractual obligation, the latter is liable to the former on the basis of |
A. | culpa criminal |
B. | culpa extra contractual |
C. | culpa contractual |
D. | culpa aquiliana |
Answer» D. culpa aquiliana | |
271. |
A husband by chance discovered hidden treasures on the paraphernal property of his wife, who owns the discovered treasure. |
A. | The half pertaining to the husband (finder) belongs to the conjugal partnership |
B. | The half pertaining to the wife (as owner) belongs to the conjugal partnership |
C. | One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property. |
D. | a and b |
Answer» D. a and b | |
272. |
X and Y sold a house and lot to their son valued at P10M for only P3M with the condition that it will be delivered after their death. After their death, should the property be brought to collation? |
A. | Yes, because the contract was not a sale but a donation inter vivos; |
B. | Yes, because it was a donation mortis causa; |
C. | No, because it was not acquired by gratuitous title but by onerous title; (Reyes v. CA) |
D. | Yes, because it was a simulated sale as the price is unusually inadequate. |
Answer» D. Yes, because it was a simulated sale as the price is unusually inadequate. | |
273. |
A bus owned and operated by CRV Lines, Inc., and negligently driven by Mr. D, an employee rammed a Meralco lamp post. The incident injured Mr. P, a passenger, Mr. PD, a pedestrian. Which is correct? |
A. | Mr. D cannot be sued under a culpa criminal theory of Mr. P. |
B. | Mr. P can sue CRV Lines under a quasi delict theory as employer of Mr. D. |
C. | Mr. PD can sue CRV Lines under a contractual theory. |
D. | CRV Lines can be sued by Mr. P only under a contractual theory. |
Answer» C. Mr. PD can sue CRV Lines under a contractual theory. | |
274. |
A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper? |
A. | The action will not prosper because B did not file a criminal case for frustrated parricide. |
B. | The action will not prosper because there is a need for conviction of A for the crime committed. |
C. | The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence. |
D. | The action will not prosper because the act was a frustrated act of parricide, not attempted parricide. |
Answer» D. The action will not prosper because the act was a frustrated act of parricide, not attempted parricide. | |
275. |
May a mortgagor s liability on labor claims be transferred to the mortgagee-creditor? |
A. | Yes, after the mortgagee-creditor had foreclosed the assets of the mortgagor-debtor, the labor liability claims are deemed transferred to the latter. |
B. | No, the responsibility for the liabilities by the mortgagor towards his employees cannot be transferred via an auction sale to a purchaser who is also the mortgagee-creditor of the foreclosed assets. |
C. | No, the mortgage constitutes a lien on the determinative properties of the employer-debtor, because it is specially preferred credit to which worker s monetary claims is deemed subordinate |
D. | B and C only |
Answer» E. | |
276. |
In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad was mending his broken hearth, he met Angie and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting to Angie. Brad died 1995. Saddened by Brad s death, Jennifer asked for the Picasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not? |
A. | Yes, because the painting was owned by Brad |
B. | Yes, because the painting was given as legacy to her by Brad. |
C. | No. because the real owner of the painting was Jennifer. |
D. | Yes, because the painting was given to Brad as a gift by Jennifer. |
Answer» D. Yes, because the painting was given to Brad as a gift by Jennifer. | |
277. |
What is the remedy if a document does not reflect the true intention of the parties? |
A. | File an action to annul; |
B. | File an action to nullify; |
C. | File an action for reformation; |
D. | File an action to enforce. |
Answer» D. File an action to enforce. | |
278. |
Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct? |
A. | Miss X may sue Mr. O under a breach of contract of carriage. |
B. | Miss X may sue Mr. TP under a culpa aquiliana theory. |
C. | Miss X may sue the driver of Mr. TP under a culpa criminal theory. |
D. | Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP. |
Answer» E. | |
279. |
Within what period should the owner of a property subject of avulsion recover the lost property? |
A. | 2 years |
B. | 3 months |
C. | 6 months |
D. | 1 year |
Answer» B. 3 months | |
280. |
How many years should a person be absent in order that he may be presumed dead including the opening of his succession? |
A. | 7 |
B. | 10 |
C. | 4 |
D. | 2 |
Answer» C. 4 | |
281. |
Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no agreed date for delivery and payment. The obligation of Mr. Robles as seller is: |
A. | to deliver when Mr. Roxas is ready to pay. |
B. | to deliver the car immediately because there is already a perfected contract. |
C. | to have the contract rescinded because no date is fixed for performance. |
D. | to deliver the car immediately because his obligation is pure. |
Answer» B. to deliver the car immediately because there is already a perfected contract. | |
282. |
A donated a property to B, but the property is surrounded by A s property. What is the right of B? |
A. | Ask A for right of way without indemnity. |
B. | Ask A for right of way with indemnity. |
C. | Ask A to donate another property for B s right of way. |
D. | Sue A for a right of way without indemnity. |
Answer» C. Ask A to donate another property for B s right of way. | |
283. |
In the contract of usufruct, the owner of the property is being called the naked owner. Why? |
A. | Because the owner lost possession of the property. |
B. | Only if the subject is real property. |
C. | Because of the agreement of the parties. |
D. | Because he was divested of his two (2) major rights. |
Answer» E. | |
284. |
On March 3, 1995, wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27, 1996. The legitimacy of the child may be impugned by: |
A. | his parents |
B. | his illegitimate child, if any |
C. | his brothers or sisters |
D. | his aunts or uncles |
Answer» B. his illegitimate child, if any | |
285. |
A and B are married. They have a joint account in a bank. They executed a survivorship agreement that upon the death of one of them, the full amount of money in their account shall become the property of the survivor. Is the agreement valid? |
A. | No, because it is a donation mortis causa which did not comply with the formalities of the law; |
B. | No, it is a donation inter vivos prohibited under Article 87, Family Code; |
C. | Yes, because it is an aleatory contract subject to an uncertain even which is death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755) |
D. | No, by reason of public policy. |
Answer» D. No, by reason of public policy. | |
286. |
A and B lived together as husband and wife, resulting in the birth of C. A recognized his son, C in the record of birth. What is the surname of C? |
A. | C must carry the surname of A; |
B. | C may carry the surname of A; |
C. | C can carry the surname of A; |
D. | C shall carry the surname of A. |
Answer» C. C can carry the surname of A; | |
287. |
The following are the requisites of the easement of right of way, except. |
A. | The property is surrounded by other estate. |
B. | There must be no adequate outlet to a public highway. |
C. | There must be indemnity. |
D. | That if there is outlet, it is not convenient to the dominant estate. |
Answer» E. | |
288. |
What is the nature of a contract which states that in case the buyer complies with the terms and conditions of the same, the seller shall execute and deliver to the buyer a deed of sale? |
A. | Contract of sale ; |
B. | Contract to sell; |
C. | Conditional sale; |
D. | Installment sale. |
Answer» C. Conditional sale; | |
289. |
In the problem, above, Y executed an affidavit stating the foregoing circumstances. It was inscribed/registered in the day book of the register of deeds. Can the reservatarios recover? |
A. | No, because the title of A is indefeasible; |
B. | No, because A is a buyer in good faith and for value; |
C. | Yes, because A is not a buyer in good faith and for value, as the registration of the affidavit in the day book of the Register of Deeds is notice to the whole world; |
D. | No, because the affidavit was not recorded/annotated at the back of the title. |
Answer» D. No, because the affidavit was not recorded/annotated at the back of the title. | |
290. |
Excessive donation inter vivos may be revoked or reduced after the death of the donor. |
A. | Yes, in so far that it reduces the legitimate of the compulsory heirs. |
B. | No, because it took effect while the donor is still alive. |
C. | No, because it will impair the right of a person to enter into a contract. |
D. | No, because it is not practical. |
Answer» C. No, because it will impair the right of a person to enter into a contract. | |
291. |
In the enumeration below, which is not a ground to dismiss an action for legal separation under the law? |
A. | Condonation; |
B. | Mutual guilt; |
C. | Consent; |
D. | Death. |
Answer» E. | |
292. |
In legal separation: |
A. | the aggrieved spouse may file the action within 5 years from the time of the occurrence of the cause. |
B. | no trial shall be held without the 6-month cooling off 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. |
Answer» D. the prosecuting attorney has to conduct his own investigation. | |
293. |
Of the enumeration below, which is not a remedy of the mortgagee in case the mortgagor dies? |
A. | File a claim against the estate; |
B. | Abandon the security and file a claim against the estate; |
C. | Foreclose the mortgage and ask for deficiency in the testate or intestate proceeding; |
D. | Rely exclusively upon the mortgage and foreclose the same. |
Answer» B. Abandon the security and file a claim against the estate; | |
294. |
Article 1157 at the Civil Code enumerates the different sources of obligation. This enumeration is exclusive. |
A. | True |
B. | False |
C. | None of the above |
D. | all |
Answer» C. None of the above | |
295. |
The following enumeration is correct, except: |
A. | Consensual contracts are perfected by mere consent; |
B. | Real contracts are perfected by the delivery of the object; |
C. | All contracts are perfected by mere consent; |
D. | Even if the lessor is obliged to deliver the thing leased, it is still a consensual contract. |
Answer» D. Even if the lessor is obliged to deliver the thing leased, it is still a consensual contract. | |
296. |
Reproduction of books by Xerox or photocopying is a violation of the Copyright Law? |
A. | No, it is being tolerated anyway. |
B. | No, because there is no law that prohibits it. |
C. | No, because it is economical. |
D. | Yes, because it deprives the author of his royalties. |
Answer» E. | |
297. |
Which among the group of things listed below could not be considered as a property? |
A. | res nullius |
B. | res communes |
C. | res alicujus |
D. | None of the above |
Answer» C. res alicujus | |
298. |
State the share in the estate of the testator of illegitimate children who survive with the surviving spouse. |
A. | 1/3 |
B. | |
C. | 1/8 |
D. | |
Answer» B. | |
299. |
A left a gross estate of P600,000.00 and debts amounting to P60,000.00. He was survived by his wife, three (3) legitimate children, and acknowledged illegitimate child and an unacknowledged adulterous child. How will you divide the estate? |
A. | I will divide the estate giving to the legitimates; to the wife and the rest to the two (2) illegitimates; |
B. | I will distribute it by giving to the legitimates; same share as one of the legitimates to the widow; the illegitimates will get of the share of each of the legitimates; |
C. | I will divide the estate equally among the legitimate children and the widow; |
D. | I will not give the illegitimates because of the iron curtain. |
Answer» C. I will divide the estate equally among the legitimate children and the widow; | |
300. |
What should a co-owner do inorder that he can recover expenses in the alteration of co-ownership? |
A. | Not secure the consent of the other co-owners anyway it is for the benefit of the co-ownership. |
B. | Secure a unanimous consent of the co-owners. |
C. | Not secure consent of the co-owners since they did not contribute for the alteration of the property. |
D. | Secure the consent of majority of the co-owners. |
Answer» C. Not secure consent of the co-owners since they did not contribute for the alteration of the property. | |