596 + Mcqs in Philippines Civil Law Society Page 7 McqOptions

301.	They are lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another.
A.	Quasi-delicts
B.	Quasi-contracts
C.	Culpa contractual
D.	None of the above
Answer» E.

Discussion

302.	It is a process whereby the current of a river, creek, or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. Such process is known as:
A.	Alluvion
B.	Avulsion
C.	Adjunction
D.	Commixtion
Answer» C. Adjunction

Discussion

303.	Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process?
A.	Accretion
B.	Regalia Doctrine
C.	Alluvium
D.	Avulsion
Answer» E.

Discussion

304.	Which contract is rescissible?
A.	A contract where both parties are of unsound mind.
B.	A contract violating the statute of frauds.
C.	A contract where the debtor sells his property to defraud the creditor where the buyer is in good faith.
D.	None of the above.
Answer» C. A contract where the debtor sells his property to defraud the creditor where the buyer is in good faith.

Discussion

305.	Which of the following marriages is void for reasons of public policy?
A.	Between brothers and sisters, whether of the full or half blood
B.	Between step-parents and step children
C.	Between parents-in-law and children-in-law
D.	B and C
Answer» E.

Discussion

306.	May an oral donation propter nuptias be the basis of a title?
A.	No, because it must be in a public instrument;
B.	No, because it must be in writing;
C.	Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459);
D.	No, because it is not effective as a transfer of title. (Heirs of Maningding v. CA, 31 July 1987; Gesmundo v. CA, 23 December 1999).
Answer» D. No, because it is not effective as a transfer of title. (Heirs of Maningding v. CA, 31 July 1987; Gesmundo v. CA, 23 December 1999).

Discussion

307.	Which of the following is not a characteristic of a co-ownership?
A.	There must be more than one subject or owner.
B.	There is one physical whole divided into ideal shares.
C.	Each share is definite in amount, but is not physically segregated from the first.
D.	The co-ownership has juridical personality.
Answer» E.

Discussion

308.	When goods are delivered to the buyer on sale or return , for a period of seven (7) days, ownership of the goods passes to the buyer,
A.	Upon delivery of the goods.
B.	Upon expiration of seven (7) days.
C.	Upon acceptance by the buyer of the offer of the seller.
D.	Upon perfection of the contract.
Answer» C. Upon acceptance by the buyer of the offer of the seller.

Discussion

309.	No. 1 A contract of sale is a mode of acquiring ownership. No. 2 Every delivery transfers ownership.
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.

Discussion

310.	Which of the following does not characterized 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 (10) grounds for legal separation
Answer» E.

Discussion

311.	Registration of the Register of Deeds is a mode of acquiring ownership.
A.	Yes as provided for by P.D. 1529.
B.	Yes as provided for by the New Civil Code.
C.	No, it is only for the protection of ownership rights.
D.	Yes, because if you failed to register it, you may lost it by prescription.
Answer» D. Yes, because if you failed to register it, you may lost it by prescription.

Discussion

312.	All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).
A.	Yes, because it is the intent and spirit of the law.
B.	No, only those who had paid at least 2 years of installment and defaulted later.
C.	No, they have to apply for it first at HLURB to be cover
Answer» B. No, only those who had paid at least 2 years of installment and defaulted later.

Discussion

313.	Which of the following is a characteristic of a co-ownership?
A.	The co-ownership possess juridical personality.
B.	Regarding the ideal share, each co-owner does not hold any control over the same.
C.	A co-owner is in a sense a trustee for the other co-owner.
D.	Regarding the physical whole, a co-owner uses and enjoys the same to the exclusion of the others.
Answer» D. Regarding the physical whole, a co-owner uses and enjoys the same to the exclusion of the others.

Discussion

314.	Which of the following is correct if the interest rate in a loan is void?
A.	The contract is totally inexistent;
B.	The creditor cannot recover interest at all;
C.	The creditor can recover legal rate of interest;
D.	The court shall rule as if no interest has been agreed upon and contrary to law.
Answer» D. The court shall rule as if no interest has been agreed upon and contrary to law.

Discussion

315.	May there be registration of a parcel of land already decreed in favor of another?
A.	Yes, due to prescription;
B.	Yes, due to laches;
C.	No, the land registration court has no jurisdiction to order the registration of a property already registered, otherwise, it is void; (MWSS v. CA, 215 SCRA 783)
D.	Yes, for as long as there is compliance with the due process clause.
Answer» D. Yes, for as long as there is compliance with the due process clause.

Discussion

316.	Accession is not a mode of acquiring ownership?
A.	Yes, because it was not one of the seven (7) modes of acquiring ownership.
B.	No, it is considered as acquisition by law.
C.	No, because it is neither alluvium nor avulsion.
D.	Yes, in accordance with our customs.
Answer» C. No, because it is neither alluvium nor avulsion.

Discussion

317.	If a parcel of land sought to be registered is located in two (2) provinces, where should the case be filed?
A.	In both provinces;
B.	If declared for taxation purposes in one (1), then in that province;
C.	If the boundary has already been determined and there are now plans for the two (2) provinces, then file the same in each of the provinces;
D.	If the land has been declared for taxation purposes in one province, then, file it in the said province even if the boundary has not yet been determine. (Note: The boundary should have been determined.)
Answer» D. If the land has been declared for taxation purposes in one province, then, file it in the said province even if the boundary has not yet been determine. (Note: The boundary should have been determined.)

Discussion

318.	The following are void contracts, except:
A.	Where the stipulation is contrary to law, public order, public policy, morals;
B.	Where the object is inexistent;
C.	Where the price or consideration is not reflected in the document that evidences that contract;
D.	Where the stipulation refers to an impossible condition.
Answer» D. Where the stipulation refers to an impossible condition.

Discussion

319.	Cris and James got married with Pastor Carlito, a pastor of the Seventh Day Adventists as the solemnizing officer. Cris and James do not belong to the sect where the pastor belongs. Is their marriage valid?
A.	Their marriage is void because one or both of the parties should belong to the sect where the solemnizing officer belongs;
B.	Their marriage is valid because the infirmity is only on a formal requisite of marriage.
C.	Their marriage is valid because it is immaterial whether they belong to the sect where the pastor belongs.
D.	Their marriage is valid because the pastor is authorized to solemnize marriage of anyone.
Answer» C. Their marriage is valid because it is immaterial whether they belong to the sect where the pastor belongs.

Discussion

320.	Which of the following contracts is not unenforceable?
A.	An oral agreement to pay for the debt, default or miscarriage of another.
B.	An oral sale of land.
C.	An oral sale of movables with a value of P500.
D.	An oral agreement to lend P50,000.
Answer» E.

Discussion

321.	Which of the contracts below are rescissible?
A.	Those entered into by guardians whenever the wards whom they represent suffer lesion by more than one third of the value of the object subject matter thereof.
B.	Those entered into by guardians in the above when the lesion suffered is one fourth of the value of the property.
C.	Those undertaken in fraud of creditors even if the latter has other means to collect the debt.
D.	Those where the contract is absolutely simulated.
Answer» B. Those entered into by guardians in the above when the lesion suffered is one fourth of the value of the property.

Discussion

322.	In the question above, A, B and C agreed to use the amount of P100M left by their parents for the development of the land. D disagreed. Is D s act correct?
A.	No, because it is prejudicial to the interest of the co-ownership;
B.	Yes, because the expenditure is not a mere act of administration, but an act of dominion;
C.	Yes, because the expenditure is not a mere act of administration but an act of dominion which needs the consent of all;
D.	No, because being trustees of one another, they are presumed to act favorably for every co-owner.
Answer» D. No, because being trustees of one another, they are presumed to act favorably for every co-owner.

Discussion

323.	Which of the following contracts are void?
A.	An oral sale of a parcel of land.
B.	A sale of land by an agent in a public instrument where his authority from the principal is oral.
C.	A donation of a wrist watch worth P4,500.
D.	A relatively simulated contract.
Answer» C. A donation of a wrist watch worth P4,500.

Discussion

324.	A, B and C are the partners. A conveyed to X his whole interest in the partnership. What is the effect of the conveyance?
A.	It dissolved the partnership;
B.	The assignee became a partner;
C.	The assignee has the right to interfere in the management or administration of the partnership business;
D.	Merely gave him the right to receive his shares in the profits (Art. 1813, NCC)
Answer» E.

Discussion

325.	A, B and C formed a limited partnership. They named their partnership AB&C. In 2008, the firm incurred an indebtedness of P5M. A suit was filed for the recovery of debt. Which of the following statements is correct?
A.	No partnership was constituted because the word limited was omitted in the partnership name.
B.	B and C as limited partners are liable only up to the extent of their contributions.
C.	All are liable as general partners.
D.	A, B and C are not liable because there was a defect in the formation of their partnership.
Answer» D. A, B and C are not liable because there was a defect in the formation of their partnership.

Discussion

326.	Which of the following expresses a correct principle of law?
A.	Failure to disclose facts when there is a duty to reveal them, does not constitute fraud.
B.	Violence or intimidation does not render a contract annullable if employed not by a contracting party but by a third person.
C.	A threat to enforce one s claim through competent authority, if the claim is legal or just, does not vitiate consent.
D.	Simulation of a contract always results in a void contract.
Answer» E.

Discussion

327.	Which among the following fails to state a correct legal principle?
A.	The debtor in obligations to do shall be released when the prestation becomes legally or physically impossible without the fault of the obligor.
B.	Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary.
C.	An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor.
D.	Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly.
Answer» D. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly.

Discussion

328.	How often can the buyer under the Maceda Law make use of the grace period of one (1) month for every year of installment payments?
A.	Every 10 years of the life of the contract and its extensions if any;
B.	Every five (5) years of the life of the contract;
C.	Every two (2) years of the life of the contracts;
D.	There is no limit.
Answer» C. Every two (2) years of the life of the contracts;

Discussion

329.	Which of the following reflects a correct legal principle?
A.	A, B, and C, are co-owners of a three-hectare orchard. If A decides to sell his share to B, C has a right of redemption.
B.	A and B are adjoining owners of a rural land. Each land has an area of half a hectare. If B sells his land to D who does not own any rural land, C has a right of redemption.
C.	If the right to repurchase is not exercised within the period agreed upon, a judicial order is necessary to consolidate ownership on the buyer.
D.	A contract of sale is not a mode of acquiring ownership.
Answer» E.

Discussion

330.	A and B are married, but separated in fact. While in the practice of her profession, B acquired properties. They are governed by the conjugal partnership of gains. Who is/are the owner/s of the properties?
A.	B alone because of their separation;
B.	The conjugal partnership;
C.	B alone because they were governed by the complete separation of property regime when they separated in fact.
D.	B alone as A did not contribute anything in the acquisition of the properties.
Answer» C. B alone because they were governed by the complete separation of property regime when they separated in fact.

Discussion

331.	If there is a subdivision lot buyer and there is no development and he does not pay, to what extent can he ask for reimbursement of his payments?
A.	Total amount paid;
B.	25%;
C.	50%;
D.	Total amount paid including interest but excluding delinquency interest at the legal rate.
Answer» E.

Discussion

332.	A filed an application for confirmation of imperfect or incomplete title over a parcel of land. It was dismissed. Can A re-file the same?
A.	No, because of res judicata;
B.	Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice;
C.	No, because the dismissal means that A has not been able to establish his right, hence, the second application is a fishing expedition;
D.	No, because of lack of cause of action.
Answer» C. No, because the dismissal means that A has not been able to establish his right, hence, the second application is a fishing expedition;

Discussion

333.	The following are some of the characteristics of a co-ownership except one:
A.	A co-owner is in a sense a trustee for the other co-owners.
B.	Co-ownership has judicial personality.
C.	There must be more than one subject or owner.
D.	Regarding the physical whole, each co-owner must respect each other in the common use, enjoyment or preservation of the physical whole.
Answer» C. There must be more than one subject or owner.

Discussion

334.	Which of the following is not a requisite for a valid donation propter nuptias?
A.	The donation must be made before the celebration of the marriage
B.	The donation shall be automatically revoked in case of non-celebration of the marriage
C.	The donation must be made in consideration of the marriage
D.	The donation must be made in favour of one or both of the future spouses
Answer» C. The donation must be made in consideration of the marriage

Discussion

335.	In an application for land registration, there was an opposition. Can the oppositor pray for affirmative relief that he be declared the owner?
A.	No, because he was not an applicant;
B.	Yes, provided he can adduce evidence to prove his interest. (City of Manila v. Lock, 19 Phil 324)
C.	No, because there was no publication which is mandatory;
D.	No, otherwise there would be violation of the due process clause.
Answer» C. No, because there was no publication which is mandatory;

Discussion

336.	Which is not correct in the following statements:
A.	Collation is a mere mathematical operation by the addition of the value of donations made by the testator to the value of the hereditary estate;
B.	Collation is the return to the hereditary estate of property disposed of by gratuitous title by the testator during his lifetime;
C.	One of the purposes of collation is to secure equality among the compulsory heirs in so far as it is possible and to determine the free portion after finding the legitime so that inofficious donations may be reduce
D.	(6 Manresa 406)
Answer» E.

Discussion

337.	A and B got married which is not correct in the following statements,
A.	B must carry the surname of A;
B.	B may carry her maiden name and surname and add her husband s surname;
C.	B may carry her maiden first name and her husband s surname;
D.	B may carry her husband s full name but prefixing a word indicating that she is the wife such as Mrs. .
Answer» B. B may carry her maiden name and surname and add her husband s surname;

Discussion

338.	Of the following statements, which is not correct?
A.	The guardian cannot adopt the ward before the approval of the final account to prevent commission of fraud in handling his properties;
B.	The guardian cannot adopt the ward because it might be used as a shield to commit fraud;
C.	The guardian cannot adopt the ward to prevent any prejudice to him;
D.	Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest.
Answer» E.

Discussion

339.	A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D s act valid and what is the remedy of the brothers?
A.	No, because she is a minority co-owner, the decision of the majority prevails;
B.	No, because while it is an alteration the consent of the controlling interest is merely required;
C.	Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed;
D.	No, because it is prejudicial to their common interest.
Answer» D. No, because it is prejudicial to their common interest.

Discussion

340.	Mr. Debtor is domiciled in Quezon City while Mr. Creditor is domiciled in Manila. Payment is to be made in
A.	Quezon City, domicile of Mr. Debtor.
B.	Manila, domicile of Mr. Creditor.
C.	Makati City if so stipulat
Answer» B. Manila, domicile of Mr. Creditor.

Discussion

341.	If the buyer of a subdivision lot in a contract to sell under the Maceda Lawfails to pay after payment of at least two (2) years of installments, can he still pay the balance?
A.	Yes, with additional interest he can pay the unpaid installments due with a grace period of one (1) month for every year of installment payments;
B.	Yes, without additional interest he can pay the unpaid installments with a grace period of one (1) month for every year of installment payments;
C.	Yes, provided that he pays additional amount of penalty;
D.	Yes, provided that he pays the full amount of the price.
Answer» C. Yes, provided that he pays additional amount of penalty;

Discussion

342.	The following are the questions which a probate court can determine, except:
A.	Question on the identity of the will;
B.	Question on the due execution of the will
C.	Question of validity and nature of contracts
D.	Question on the capacity of the testator.
Answer» D. Question on the capacity of the testator.

Discussion

343.	A & B are married. They have children, C & D. After A died, B gave birth to E. the children suspected that E is not the child of their father. Who can impugn the legitimacy of E?
A.	C & D can impugn the legitimacy of E.
B.	Only A can impugn the legitimacy of E.
C.	X & Y, the parents of A can impugn the legitimacy of E.
D.	C & D cannot impugn the legitimacy of E because it prescribed after A s death.
Answer» B. Only A can impugn the legitimacy of E.

Discussion

344.	If the buyer under the Maceda Law has paid less than two (2) years of installments, what is the grace period he is entitled to from the date the installments became due?
A.	20 days;
B.	60 days;
C.	30 days;
D.	40 days.
Answer» C. 30 days;

Discussion

345.	Which among the situations below states a correct principle of law?
A.	Third Person pays Debtor s debt without intending to be reimbursed by Debtor. The payment will not extinguish the obligation even if accepted by Creditor if Debtor does not consent to the payment.
B.	Third person pays Debtor s debt without intending to be reimbursed by (c) Debtor. The payment will extinguish the obligation if Debtor does not consent to the payment.
C.	Debtor is obliged to give Creditor a Rado watch. Since no Rado watch was available on the due date, Debtor decided to deliver a watch of a different brand more valuable than the one that is due. Creditor must accept the watch.
D.	D owes C P20, 000. D pays B, brother of C. The payment is not valid even if it redounded to the benefit of C.
Answer» E.

Discussion

346.	Of the following properties enumerated, which is disposable?
A.	Mineral land
B.	Military reservation
C.	Forest land
D.	Agricultural land
Answer» E.

Discussion

347.	Who among those enumerated is not a beneficiary of a family home?
A.	Spouses;
B.	Parents of the spouses;
C.	Children, legitimate or illegitimate;
D.	Overseer.
Answer» E.

Discussion

348.	What does physical incapacity to consummate marriage mean?
A.	Refusal to have sex with the spouse;
B.	Lack of power to copulate which is permanent in nature; (Impotence which appears to be incurable.)
C.	The sexual organ is so small;
D.	Sterility.
Answer» C. The sexual organ is so small;

Discussion

349.	The following are the characteristics of psychological incapacity, except:
A.	Juridical antecedents;
B.	Refusal to have sex;
C.	Grave;
D.	Incurable.
Answer» C. Grave;

Discussion

350.	A filed an application for confirmation of imperfect or incomplete title. B filed an opposition alleging that the land is part of the inalienable lands of the State. Is B correct?
A.	Yes, because anyone can invoke the interest of the State;
B.	No, because only the State can invoke its interest;
C.	Yes, by reason of public policy;
D.	Yes, because any Filipino is a real party in interest.
Answer» C. Yes, by reason of public policy;

Discussion

Explore topic-wise MCQs in Uncategorized topics.

They are lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another.

It is a process whereby the current of a river, creek, or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. Such process is known as:

Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process?

Which contract is rescissible?

Which of the following marriages is void for reasons of public policy?

May an oral donation propter nuptias be the basis of a title?

Which of the following is not a characteristic of a co-ownership?

When goods are delivered to the buyer on sale or return , for a period of seven (7) days, ownership of the goods passes to the buyer,

No. 1 A contract of sale is a mode of acquiring ownership. No. 2 Every delivery transfers ownership.

Which of the following does not characterized legal separation?

Registration of the Register of Deeds is a mode of acquiring ownership.

All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).

Which of the following is a characteristic of a co-ownership?

Which of the following is correct if the interest rate in a loan is void?

May there be registration of a parcel of land already decreed in favor of another?

Accession is not a mode of acquiring ownership?

If a parcel of land sought to be registered is located in two (2) provinces, where should the case be filed?

The following are void contracts, except:

Cris and James got married with Pastor Carlito, a pastor of the Seventh Day Adventists as the solemnizing officer. Cris and James do not belong to the sect where the pastor belongs. Is their marriage valid?

Which of the following contracts is not unenforceable?

Which of the contracts below are rescissible?

In the question above, A, B and C agreed to use the amount of P100M left by their parents for the development of the land. D disagreed. Is D s act correct?

Which of the following contracts are void?

A, B and C are the partners. A conveyed to X his whole interest in the partnership. What is the effect of the conveyance?

A, B and C formed a limited partnership. They named their partnership AB&C. In 2008, the firm incurred an indebtedness of P5M. A suit was filed for the recovery of debt. Which of the following statements is correct?

Which of the following expresses a correct principle of law?

Which among the following fails to state a correct legal principle?

How often can the buyer under the Maceda Law make use of the grace period of one (1) month for every year of installment payments?

Which of the following reflects a correct legal principle?

A and B are married, but separated in fact. While in the practice of her profession, B acquired properties. They are governed by the conjugal partnership of gains. Who is/are the owner/s of the properties?

If there is a subdivision lot buyer and there is no development and he does not pay, to what extent can he ask for reimbursement of his payments?

A filed an application for confirmation of imperfect or incomplete title over a parcel of land. It was dismissed. Can A re-file the same?

The following are some of the characteristics of a co-ownership except one:

Which of the following is not a requisite for a valid donation propter nuptias?

In an application for land registration, there was an opposition. Can the oppositor pray for affirmative relief that he be declared the owner?

Which is not correct in the following statements:

A and B got married which is not correct in the following statements,

Of the following statements, which is not correct?

A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D s act valid and what is the remedy of the brothers?

Mr. Debtor is domiciled in Quezon City while Mr. Creditor is domiciled in Manila. Payment is to be made in

If the buyer of a subdivision lot in a contract to sell under the Maceda Lawfails to pay after payment of at least two (2) years of installments, can he still pay the balance?

The following are the questions which a probate court can determine, except:

A & B are married. They have children, C & D. After A died, B gave birth to E. the children suspected that E is not the child of their father. Who can impugn the legitimacy of E?

If the buyer under the Maceda Law has paid less than two (2) years of installments, what is the grace period he is entitled to from the date the installments became due?

Which among the situations below states a correct principle of law?

Of the following properties enumerated, which is disposable?

Who among those enumerated is not a beneficiary of a family home?

What does physical incapacity to consummate marriage mean?

The following are the characteristics of psychological incapacity, except:

A filed an application for confirmation of imperfect or incomplete title. B filed an opposition alleging that the land is part of the inalienable lands of the State. Is B correct?