596 + Mcqs in Philippines Civil Law Society Page 8 McqOptions

351.	The following constitute fraud which is a ground for annulment of marriage
A.	concealment of pregnancy of the wife by a man other than the husband
B.	concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage
C.	concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable
D.	letters a and b
Answer» E.

Discussion

352.	A and B entered into a contract, subject to the condition that in case the Senate will not concur in to the treaty, neither party will be liable. The Senate rejected it. Can A invoke force majeure or fortuitous event as a ground to exempt himself from liability?
A.	No, because it is not an act of God;
B.	Yes, because of the binding effect of contracts;
C.	Yes, because while the non-concurrence is foreseeable, it is beyond their control;
D.	Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v. Globe Telecom, Inc. 25 May 2004; Sicam v. Jorge, 8 August 2007).
Answer» D. Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v. Globe Telecom, Inc. 25 May 2004; Sicam v. Jorge, 8 August 2007).

Discussion

353.	X was disinherited by his father Y. In the probate of Y s will, can the children of X represent their disinherited father?
A.	No, the disinheritance affects the heirs of the disinherited person.
B.	Yes, representation is allowed in case of disinheritance.
C.	Yes, substitution of the disinherited person is allow
Answer» C. Yes, substitution of the disinherited person is allow

Discussion

354.	In 2001, A granted a usufruct over his building to B until February 23, 2011 when C, the son of B would have reached the age of 25. C died at the age of 23 in 2009. What happened to the usufruct?
A.	The usufruct was extinguished;
B.	The death terminated the usufruct;
C.	The usufruct subsists because a usufruct granted for the time that may elapse before a third person reaches a certain age shall subsist for a number of years specified even if the third person should die unless there is a stipulation to the contrary (Art. 606, NCC)
D.	The usufruct continues because B, the trustee is still alive.
Answer» D. The usufruct continues because B, the trustee is still alive.

Discussion

355.	When A promises to deliver to B one of his present antique ears, he is confined to deliver only any of the antique cars that presently belong to him.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

Discussion

356.	Is a swimming pool an attractive nuisance?
A.	Yes, because it is attractive to persons of tender age at play.
B.	Yes, if there are instruments and implements that make it different from an ordinary body of water.
C.	No, because it is just a mere duplication of a body of water.
D.	No, if the owner employed means to protect the lives and limbs of persons who enter into it.
Answer» C. No, because it is just a mere duplication of a body of water.

Discussion

357.	The following can be considered as the rationale behind reserva troncal, except:
A.	To reserve certain property in favor of certain relatives;
B.	To maintain as absolutely as possible, with respect to the property to which it refers, a separation between the paternal and maternal lines, so that property of one line may not pass to the other, or through them to strangers;
C.	To prevent persons outside of a family from securing, by some accident of life, property that would otherwise remain therein;
D.	To show solidarity of the family.
Answer» E.

Discussion

358.	In cases of reserve troncal, the reservista can sell the property subject of reserva. True or false?
A.	True, but subject to resolutory condition, hence, can rescind the conrtact;
B.	False, because he/she is not the owner as he holds the property merely in trust for the reservatarios.
C.	True, because having a title over it, the buyer can just rely upon the title under the mirror doctrine.
D.	True, because from the moment of death of the descendant propositus, the reservista acquired ownership over the property subject of reserva.
Answer» B. False, because he/she is not the owner as he holds the property merely in trust for the reservatarios.

Discussion

359.	In a residential subdivision in San Pedro, Laguna, Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day. How do you classify this nuisance?
A.	Nuisance per se, because it is always a nuisance, regardless of its location and surroundings.
B.	Nuisance per accidents, because it is only a nuisance based on its location and circumstances.
C.	Nuisance per se, because it affects the entire subdivision
D.	Nuisance per accidents, because it affects and annoys the entire residential subdivision.
Answer» C. Nuisance per se, because it affects the entire subdivision

Discussion

360.	It is that currency which the debtor can compel the creditor to accept in payment of all debts, public or private.
A.	certified checks.
B.	domestic money in any denomination.
C.	legal treasury notes.
D.	legal tender.
Answer» E.

Discussion

361.	The husband may impugn the legitimacy of his child but not on the ground that:
A.	the wife is suspected of infidelity.
B.	the husband had a serious illness that prevented him from engaging in sexual intercourse.
C.	the child could not be his for biological or scientific reasons.
D.	they were living apart.
Answer» B. the husband had a serious illness that prevented him from engaging in sexual intercourse.

Discussion

362.	The following rules are correct in case the buyer of a subdivision lot fails to pay the installments, except:
A.	He is given a grace period of 20 days for every year of payment;
B.	He is entitled to 50% reimbursement of payment;
C.	There may be cancellation of the contract 30 days after receipt of notice of cancellation;
D.	All payments are forfeited.
Answer» E.

Discussion

363.	Which among the following must be in writing to be valid?
A.	A sale of a land.
B.	Every donation of personal or movable property.
C.	A contract of partnership with a contribution of an immovable.
D.	An authority by the principal to an agent to sell movables.
Answer» D. An authority by the principal to an agent to sell movables.

Discussion

364.	In reserve troncal the relatives within third degree coming from the same line inherit from:
A.	Descendant propositus
B.	Reservista
C.	Origin
D.	Testator
Answer» B. Reservista

Discussion

365.	Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment.
A.	the incapacity must be proven to be existing at the time of the celebration of the marriage.
B.	the illness must be grave
C.	the burden of proof must rest on the respondent.
D.	the roots of the illness can be traced to the history of the subject
Answer» B. the illness must be grave

Discussion

366.	Can it be argued that the Martial Law has the effect of tolling the prescriptive period for the annulment of avoidable contract?
A.	Yes, it has the effect of a force majeure, as such it suspends the running of the prescriptive period
B.	No, it cannot be argued that Martial Law has the effect of a force majeure which in turn works to suspend the running of the prescriptive period
C.	Yes, as long as the calling of the same was valid and constitutional
D.	None of the above
Answer» C. Yes, as long as the calling of the same was valid and constitutional

Discussion

367.	The diligence of a good father of the family is the fixed degree or standard of care required in circumstances.
A.	True
B.	False
C.	None of the above
D.	all
Answer» C. None of the above

Discussion

368.	When the characters of the creditor and debtor are merged in one and the same person, there is extinguishment of the obligation by,
A.	confusion
B.	compensation
C.	novation
D.	condonation or remission
Answer» B. compensation

Discussion

369.	In order that fraud may make a contract void able:
A.	It may be incidental but both parties should not be in pari delicto.
B.	It may be serious and the parties must be in pari delicio.
C.	It may be incidental but should have been employed by both parties.
D.	It should be serious and should have not have been employed by both contracting parties.
Answer» E.

Discussion

370.	The extinguishment of an obligation by the passage of time is
A.	fulfillment of a resolutory condition.
B.	prescription.
C.	expiration.
D.	annulment.
Answer» C. expiration.

Discussion

371.	The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.
A.	True
B.	False
C.	None of the above
D.	all
Answer» C. None of the above

Discussion

372.	Pedro offered to sell to Marita a purported diamond ring which actually was a stone of inferior quality. Believing it to be a genuine diamond ring, Marita bought and paid for the ring. If later on, Marita discovers the misrepresentation, Marita may:
A.	sue for damages alone because of dolo causante.
B.	sue for rescission.
C.	for annulment because of dolo incidente.
D.	for annulment because of dolo causante.
Answer» C. for annulment because of dolo incidente.

Discussion

373.	A owes B the amount of P1M. C wrote B that he would take care of the obligation as soon as A had made shipment of copra to the USA. A failed to make the shipment. Is C liable?
A.	Yes, because he assumed the obligation voluntarily;
B.	No, because he did not assume but merely committed to take care of the debt;
C.	No, because the suspensive condition did not happen;
D.	Both B and C.
Answer» E.

Discussion

374.	The owner and the tenant are in both possession of the land subject of the lease contract.
A.	No, only the tenant, because he is in actual possession of the land.
B.	No, only the owner, because the other is just a mere tenant.
C.	Yes, but of different concept.
D.	No, either of them.
Answer» E.

Discussion

375.	A donated a house and lot to B orally. Since then, B has been in possession for a period of 30 years declaring the same for taxation purposes. Is the donation valid?
A.	No, the donation is void because it was not put into writing.
B.	Yes, the oral donation can be the basis of a valid title because of laches.
C.	No, the donation is void because it was not put into a public instrument.
D.	Yes, the donation is valid because a contract can be valid in any form.
Answer» D. Yes, the donation is valid because a contract can be valid in any form.

Discussion

376.	What is the legal concept of possession?
A.	The holding of a thing or the enjoyment of a right
B.	It is material occupation or by the fact that the right or property is subjected to the will of the claimant
C.	The gathering of the products and the act of planting on the land
D.	All of the above
Answer» E.

Discussion

377.	The following are the remedies against private nuisance, except.
A.	A civil action
B.	A prosecution under the penal code or any local ordinance.
C.	Abatement without judicial proceedings.
D.	None of the above.
Answer» C. Abatement without judicial proceedings.

Discussion

378.	Filipinos are governed by their national law with respect to the following matters, except:
A.	legal capacity
B.	family rights and status
C.	personal property
D.	testamentary succession
Answer» D. testamentary succession

Discussion

379.	All the statements below are correct, except:
A.	An option contract is separate and distinct from the contract of sale;
B.	An option contract must be supported by consideration distinct from the price;
C.	An option contract can only be supported by consideration in the form of money;
D.	An option contract can be supported by consideration in the form of an undertaking.
Answer» D. An option contract can be supported by consideration in the form of an undertaking.

Discussion

380.	The following statements are correct, except:
A.	A right of first refusal is without any consideration;
B.	In granting a right of first refusal, the period has yet to be determined at a future time;
C.	In granting a right of first refusal, the amount to be paid will be determined at a future time;
D.	A right of first refusal must be supported by a consideration in the form of money to be binding. (Vasquez v. CA)
Answer» E.

Discussion

381.	Which of the following is not correct in relation to an adopted child?
A.	He inherits like a legitimate child;
B.	He cannot be preterited;
C.	He has the right of representation;
D.	By virtue of adoption, the adopter and the adopted acquire reciprocal obligations arising from their relationship.
Answer» D. By virtue of adoption, the adopter and the adopted acquire reciprocal obligations arising from their relationship.

Discussion

382.	The doctrine of Self-Help is an exemption that a person should not take the law intro his own hands.
A.	Yes, under special circumstances.
B.	No, because everybody should be law abiding citizen.
C.	No, because ignorance of the law excuses no one.
D.	No, because the rule allows no exemption.
Answer» B. No, because everybody should be law abiding citizen.

Discussion

383.	P appointed A, his agent to manage his business in the United States of America. A died and his son, S, managed the same until P could appoint another agent to personally take over. The agency of S is one based on:
A.	Ratification;
B.	Necessity;
C.	Estoppel;
D.	By operation of law.
Answer» C. Estoppel;

Discussion

384.	No. 1 Fraud is always a ground for annulment of a contract. No. 2 A simulated contract is voidable.
A.	Both are false.
B.	Both are true.
C.	No. 1 is false; No. 2 is true.
D.	No. 1 is true; No. 2 is false.
Answer» C. No. 1 is false; No. 2 is true.

Discussion

385.	A & B, lived together as husband and wife while A is legally married with children. They acquired properties in their coverture. After the death of A, where will his share go?
A.	His share of of the properties shall go to the conjugal partnership in his marriage with A.
B.	His share shall go to his children with A.
C.	His share shall go to his children with his wife.
D.	All the properties acquired in their coverture shall go to the conjugal partnership of his legally wedded relationship.
Answer» E.

Discussion

386.	In an information for murder, there is no allegation of aggravating circumstances. The prosecutor, however presented evidence on the aggravating circumstances during the trial. What for is the presentation of evidence of aggravating circumstances if they were not alleged?
A.	To prove that the accused may be liable for moral damages.
B.	To prove the guilt of the accused beyond reasonable doubt.
C.	To prove that the accused is liable for exemplary damages.
D.	He cannot do it because he can only prove what has been alleged in the information.
Answer» D. He cannot do it because he can only prove what has been alleged in the information.

Discussion

387.	In an agency to sell real property which of the following renders the authority and contract of sale valid?
A.	General power of attorney, granting the agent authority to sell real property, not put into writing.
B.	General power of authority put into writing without authority to sell.
C.	A special power of attorney put into writing authorizing the agent to sell real property of the principal.
D.	Special power of attorney couched in general terms without referring to specific acts of dominion.
Answer» D. Special power of attorney couched in general terms without referring to specific acts of dominion.

Discussion

388.	Which of the following is not a ground for extinguishment of a usufruct?
A.	Prescription
B.	Bad use of the thing in usufruct.
C.	Total loss of the thing in usufruct
D.	Non-user for 6 months.
Answer» C. Total loss of the thing in usufruct

Discussion

389.	The doctrine of Hot Pursuit is an exemption to that a person should not take the law into his own hands.
A.	Yes, under special circumstance only.
B.	No, because everybody should be law abiding citizen.
C.	No, because ignorance of the law excuses no one.
D.	No, because the rule allows no exemption.
Answer» B. No, because everybody should be law abiding citizen.

Discussion

390.	May a person sell that which he does not own?
A.	No, otherwise the sale is void;
B.	No, otherwise, the seller cannot confer ownership upon the vended;
C.	Yes, provided that he is the owner at the time of the delivery;
D.	No, otherwise, the buyer would be prejudiced.
Answer» D. No, otherwise, the buyer would be prejudiced.

Discussion

391.	In taking care of the thing in usufruct, what degree of diligence is required?
A.	Good father of a family
B.	Utmost diligence
C.	Ordinary diligence
D.	Extraordinary diligence
Answer» B. Utmost diligence

Discussion

392.	May a corporation hold or own alienable lands of the public domain?
A.	Yes, to become sustainable;
B.	Yes, because the term persons under PD 1529 is used in its generic sense to include artificial persons;
C.	No, it can only lease;
D.	Yes, for a limited time.
Answer» D. Yes, for a limited time.

Discussion

393.	A, donated a parcel of land to the unborn child of H and W, is the donation valid?
A.	No, because there is no donee yet
B.	No, because there is no one yet to accept the donation
C.	Yes, provided the child be born alive or to live for at least 24 hours under certain conditions
D.	No, because the donee has no name yet to whom the land is to be transferred
Answer» D. No, because the donee has no name yet to whom the land is to be transferred

Discussion

394.	The following are modes of extinguishing usufruct except,
A.	Expiration of the period for which it was constituted.
B.	Merger of the usufruct and ownership in the same person.
C.	Total loss of the thing.
D.	Bad use of the thing in usufruct.
Answer» E.

Discussion

395.	The following are the classes of possession except.
A.	Possession in one s name or possession in the name of another.
B.	Possession in the concept of an owner or possession in the concept of a holder.
C.	Possession in good faith or bad faith.
D.	Possession with just title.
Answer» D. Possession with just title.

Discussion

396.	If an illegitimate child is recognized by the father, what is the extent of is hereditary right?
A.	Equal with the legitimate;
B.	of the share of the legitimate;
C.	No right at all unless there is a court order confirming his recognition;
D.	No right because he is the product of sin.
Answer» C. No right at all unless there is a court order confirming his recognition;

Discussion

397.	Mr. D borrowed P500, 000 from Mr. C with Mr. G as guarantor. When the debt fell due, Mr. D did not pay despite demand.
A.	Mr. C may collect from Mr. G because he guaranteed payment of the debt.
B.	Mr. G may refuse to pay even if Mr. D is insolvent.
C.	Mr. G may ask Mr. C to exhaust all the properties of the Mr. D first before collecting from Mr. G.
D.	Mr. G may refuse to pay even if Mr. D has absconded.
Answer» D. Mr. G may refuse to pay even if Mr. D has absconded.

Discussion

398.	For compensation to be proper, the following must be complied with. Which is the exception?
A.	Both debts consist in a sum of money or of the same kind.
B.	Both debts are due.
C.	Both debts be liquidated and demandable.
D.	Both parties are insolvent.
Answer» E.

Discussion

399.	A, a seaman with a contract for two (2) years was required to disembark due to the sale of the vessel. Within what period should he file an action to collect his unpaid wages for one (1) year?
A.	Within 3 years because it is the consequence of an employer-employee relationship;
B.	Within 10 years because there is a written contract;
C.	Within 4 years because the action is based on injury to his rights as there was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732);
D.	Within 10 years because the action is based on law.
Answer» D. Within 10 years because the action is based on law.

Discussion

400.	In relation to reserva troncal, the following statements are correct, except:
A.	The reservista can sell the property, but subject to resolutory condition;
B.	The reservatarios may rescind the contract of sale by the reservista upon the death of the reservista;
C.	The reservista can sell because he acquires ownership of the reservable property subject to the resolutory condition that there must exist at the time of his death reservatarios;
D.	The reservista can execute a will to dispose of the property subject of reserve to his own relatives.
Answer» E.

Discussion

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The following constitute fraud which is a ground for annulment of marriage

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X was disinherited by his father Y. In the probate of Y s will, can the children of X represent their disinherited father?

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The following can be considered as the rationale behind reserva troncal, except:

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A owes B the amount of P1M. C wrote B that he would take care of the obligation as soon as A had made shipment of copra to the USA. A failed to make the shipment. Is C liable?

The owner and the tenant are in both possession of the land subject of the lease contract.

A donated a house and lot to B orally. Since then, B has been in possession for a period of 30 years declaring the same for taxation purposes. Is the donation valid?

What is the legal concept of possession?

The following are the remedies against private nuisance, except.

Filipinos are governed by their national law with respect to the following matters, except:

All the statements below are correct, except:

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Which of the following is not correct in relation to an adopted child?

The doctrine of Self-Help is an exemption that a person should not take the law intro his own hands.

P appointed A, his agent to manage his business in the United States of America. A died and his son, S, managed the same until P could appoint another agent to personally take over. The agency of S is one based on:

No. 1 Fraud is always a ground for annulment of a contract. No. 2 A simulated contract is voidable.

A & B, lived together as husband and wife while A is legally married with children. They acquired properties in their coverture. After the death of A, where will his share go?

In an information for murder, there is no allegation of aggravating circumstances. The prosecutor, however presented evidence on the aggravating circumstances during the trial. What for is the presentation of evidence of aggravating circumstances if they were not alleged?

In an agency to sell real property which of the following renders the authority and contract of sale valid?

Which of the following is not a ground for extinguishment of a usufruct?

The doctrine of Hot Pursuit is an exemption to that a person should not take the law into his own hands.

May a person sell that which he does not own?

In taking care of the thing in usufruct, what degree of diligence is required?

May a corporation hold or own alienable lands of the public domain?

A, donated a parcel of land to the unborn child of H and W, is the donation valid?

The following are modes of extinguishing usufruct except,

The following are the classes of possession except.

If an illegitimate child is recognized by the father, what is the extent of is hereditary right?

Mr. D borrowed P500, 000 from Mr. C with Mr. G as guarantor. When the debt fell due, Mr. D did not pay despite demand.

For compensation to be proper, the following must be complied with. Which is the exception?

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In relation to reserva troncal, the following statements are correct, except: