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.

1.

What is the status of a conditional donation if the condition imposed is unlawful?

A. Donation is void because it contains an illegal condition.
B. Donation is valid but the condition is considered as not imposed.
C. Donation is unenforceable.
D. Donation is voidable.
Answer» C. Donation is unenforceable.
Discussion
2.

What kind of donation requires compliance with the elements of a valid will?

A. Donations mortis causa
B. Conditional donation
C. Donations inter vivos
D. Donations in consideration of marriage
Answer» B. Conditional donation
Discussion
3.

When does the right of representation take place?

A. In the direct descending line;
B. If there is an adopted child;
C. In the ascending line;
D. Even in the collateral line.
Answer» B. If there is an adopted child;
Discussion
4.

In which of the following is the right of representation inapplicable?

A. In case of predecease of an heir;
B. In case of repudiation by an heir;
C. In case of incapacity of an heir;
D. In case of a valid disinheritance of an heir.
Answer» C. In case of incapacity of an heir;
Discussion
5.

May a person file an application for registration of a part of the reclamation undertaken by a local governmental unit?

A. Yes, because it is an alienable land;
B. Yes, because it is a private land;
C. No, because reclaimed lands of the public domain may only be leased not sold to private parties as they retain their inherent potential as areas for public use or public service. (Chavez v. Public Estates Authority, 384 SCRA 152);
D. Yes, because a local government unit is vested with a juridical capacity to enter into contracts.
Answer» D. Yes, because a local government unit is vested with a juridical capacity to enter into contracts.
Discussion
6.

A was granted a homestead patent on April 3, 2009. On April 29, 2011, she sold it to C. Is the sale valid?

A. Yes, because the right to sell is inherent in the right of ownership;
B. No, the sale is void as the law prohibits the sale within 5 years from the issuance of the patent; (Heirs of Bajenting v. Ba ez, September 20, 2006)
C. Yes, anyway, she can repurchase it;
D. Yes, because there is no prohibition at the back of the title.
Answer» C. Yes, anyway, she can repurchase it;
Discussion
7.

If a parcel of land covered by a homestead patent is sold, what is the period of redemption?

A. Within 5 years from registration of the deed;
B. Within 5 years from the date of the conveyance (Sucaldito v. Montejo, February 6, 1991);
C. Within 5 years from the date of the conveyance plus one (1) year redemption period under the Rules of Court.
D. Imprescriptible because the sale is void.
Answer» D. Imprescriptible because the sale is void.
Discussion
8.

Within what time should a decree of registration be reopened?

A. Within four (4) years from the issuance of the decree of registration;
B. Within 30 days from receipt of the decree;
C. Within one (1) year from the issuance of the decree of registration; (Lopez v. Padilla, 45 SCRA 44; Eland Phils. Inc. v. Garcia, et al., G.R. No. 173289, February 17, 2010);
D. Imprescriptible.
Answer» D. Imprescriptible.
Discussion
9.

What is the ground for the reopening of a decree of registration?

A. Intrinsic fraud;
B. Newly discovered evidence;
C. Actual fraud (Eland Phils. Inc. v. Garcia);
D. Mistake.
Answer» D. Mistake.
Discussion
10.

If a partnership has a capital of more than P3,000.00 and it is not registered, is the contract valid?

A. Void;
B. Voidable;
C. It does not invalidate the same as among the partners so long as the contract has the essential requisites.
D. Unenforceable.
Answer» D. Unenforceable.
Discussion
11.

If the homesteader sells the property before the lapse of the 5-year prohibition, what is the nature of the contract?

A. Voidable
B. Void by reason of public policy
C. Unenforceable
D. Rescissible
Answer» C. Unenforceable
Discussion
12.

What is the nature of an earnest money?

A. Same as option money.
B. It is proof of an intention to buy.
C. It is actually a partial payment of the purchase price and considered as proof of the perfection of the contract. (Topacio v. CA, 211 SCRA 219; Laforteza v. Machuca, 333 SCRA 642)
D. It forms part of the consideration even if the sale is not perfected or consummated. (Chua v. CA, 401 SCRA 54)
Answer» D. It forms part of the consideration even if the sale is not perfected or consummated. (Chua v. CA, 401 SCRA 54)
Discussion
13.

In the following, there is no need for the issuance of a license to sell, except:

A. Sale of subdivision lot resulting in the partition by co-owners;
B. Sale of the original purchaser of a subdivision lot or his heirs;
C. Sale by a subdivision developer;
D. Sale of a subdivision lot for the account of the mortgagee.
Answer» D. Sale of a subdivision lot for the account of the mortgagee.
Discussion
14.

The guarantor paid the obligation of the debtor when demand is made. Can he ask for reimbursement?

A. No, because he is a voluntary payor;
B. No, because judgment has yet to be obtained against the debtor;
C. No, because he has not been able to exercise the benefit of excussion;
D. Yes, because the benefit of excussion is a right granted to him which can be waived.
Answer» E.
Discussion
15.

What is a contract of precarium?

A. It is a contract by virtue of which a person called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so.
B. It is a contract by virtue of which a person binds himself solidarily with the principal debtor to fulfill the obligation.
C. It is an accessory, real and unilateral contract by virtue of which the debtor or a third person delivers to the creditor or to a third person movable property as security for the performance of the principal obligation.
D. It is a contract of commodatum where the bailor has the right to demand the return of the thing which is the object of the contract at will.
Answer» E.
Discussion
16.

Which of the following statements is not true about the dragnet clause?

A. It is one specifically phrased to subsume all debts of past or future origins.
B. It operates as a convenience and accommodation to the borrowers as it makes available additional funds without executing additional security documents.
C. It is also known as the blanket mortgage clause
D. It is different from a continuing mortgage clause.
Answer» E.
Discussion
17.

A partnership begins from:

A. The moment of the execution of the contract;
B. The moment of the notarization of the document of partnership;
C. The registration with the SEC;
D. The moment all contributions are paid.
Answer» B. The moment of the notarization of the document of partnership;
Discussion
18.

What does the sharing of gross returns in a business undertaking mean?

A. Conclusive evidence of partnership;
B. Prima facie evidence of partnership;
C. Does not establish a partnership whether or not the persons sharing them have a joint or common right in any property upon which the returns are derive
Answer» D.
Discussion
19.

When is the guarantor liable for the obligation of the debtor?

A. Once the obligation becomes due and demandable;
B. Only after judgment is obtained against the principal debtor and he is unable to pay; (Baylon v. CA, August 17, 1999)
C. The moment the judgment against the debtor becomes final and executory;
D. Once demand is made for both the debtor and guarantor to pay.
Answer» C. The moment the judgment against the debtor becomes final and executory;
Discussion
20.

A special power to sell on credit includes the power to:

A. Mortgage
B. Sell in cash
C. Barter
D. To enter into a contract of pledge.
Answer» C. Barter
Discussion
21.

Who may file an action to annul a contract?

A. Any person;
B. A party primarily or subsidiarily bound;
C. The State as protector of the rights of its citizens;
D. Heirs of a party.
Answer» C. The State as protector of the rights of its citizens;
Discussion
22.

State the effect of illegal or immoral conditions in donations con causa onerosa. (onerous donations.)

A. The condition is considered as not imposed regardless of whether negative or positive;
B. Since the donations are governed by the law on contracts, the impossible or illicit conditions annul the obligation dependent upon the condition where the condition is positive and suspensive;
C. The illegal condition annulled the donation/contract even if the impossibility merely supervened;
D. Impossible or illegal conditions do not annul totally the obligations which depend upon them.
Answer» C. The illegal condition annulled the donation/contract even if the impossibility merely supervened;
Discussion
23.

What is the remedy of a party whose right of first refusal to buy a property was violated?

A. Action for declaration of nullity of the contract;
B. Action for rescission;
C. Action for annulment;
D. Action to declare the contract unenforceable.
Answer» C. Action for annulment;
Discussion
24.

A induced B to violate his contract with C resulting in damage to C. Under what rule is A liable for damages?

A. Liability is based on contract;
B. Liability is based on crime;
C. Liability is based on tort;
D. there is no basis for liability of A die to lack of privity.
Answer» D. there is no basis for liability of A die to lack of privity.
Discussion
25.

What is the nature of a contract where the buyer did not pay the price?

A. Void;
B. Rescissible
C. Voidable;
D. Unenforceable.
Answer» C. Voidable;
Discussion
26.

A, B and C formed a partnership with C contributing an immovable, but no inventory of such immovable was attached to the contract. Is the contract valid?

A. The contract is valid because a contract is valid in any form it may be entered into;
B. The contract is voidable;
C. The contract of partnership is void;
D. The contract is unenforceable.
Answer» D. The contract is unenforceable.
Discussion
27.

What is the effect if there is an illegal and impossible condition in a simple donation?

A. The illegality or impossibility of the condition will annul not only the condition but also the obligation even if the impossible condition is a condition not to do.
B. The illegality or impossibility of the condition will annul not only the condition but also the obligation unless the impossible condition is a condition not to do.
C. The donation is valid because the illegal or impossible condition is simply considered as not impose
D. Hence, the condition is void but the donation is valid.
Answer» D. Hence, the condition is void but the donation is valid.
Discussion
28.

Which of the following instances treats a building/structure as an immovable property?

A. A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built.
B. A barong-barong built by X on his lot.
C. A building used as security in the payment of an obligation where a chattel mortgage is executed over it.
D. A building bought for purposes of demolishing the same.
Answer» B. A barong-barong built by X on his lot.
Discussion
29.

X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y s taxicab. Who owns the celphone?

A. Y is the owner under the principle of finder s keepers.
B. Y is the owner as he is in actual possession.
C. X is the owner as he was deprived of possession.
D. Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication.
Answer» E.
Discussion
30.

What is the status of the sale of the whole property by one co-owner?

A. Valid sale as to the whole property.
B. Valid sale only as to the share of the seller co-owner.
C. Sale is void on whole property as there is no consent from the other co-owner.
D. Unenforceable
Answer» C. Sale is void on whole property as there is no consent from the other co-owner.
Discussion
31.

What is the required age difference between the adopter and the adopted?

A. 15 years;
B. 20 years;
C. 16 years;
D. 14 years.
Answer» D. 14 years.
Discussion
32.

In the question above, where D refuses to agree, what would be your advice to A, B and C?

A. I would advice them to file a suit to compel her to give consent;
B. I would advice them to sue her for damages;
C. I would advice them to file an action for partition;
D. I would advice them to develop the land and leave a portion equivalent to the share of D.
Answer» D. I would advice them to develop the land and leave a portion equivalent to the share of D.
Discussion
33.

A, a minor, executed a last will and testament. He died at the age of 21, after which his will was submitted to probate. If you were the judge, would you approve it?

A. Yes, because the will is valid.
B. Yes, because the testator is capacitated.
C. No, because the will is vo
Answer» D.
Discussion
34.

In the problem above, may his estate located in the Philippines be distributed in conformity with the provision of the said will?

A. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Japanese law;
B. Yes, provided that the provisions conform to the order of succession and the amount of successional rights as regulated by the American law;
C. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Canadian law;
D. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Philippine law.
Answer» C. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Canadian law;
Discussion
35.

A executed a will consisting of ten pages. At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition.

A. The testator and the instrumental witnesses must sign.
B. The defect is fatal if there is failure to have the original signatures.
C. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitt
Answer» D.
Discussion
36.

After A has executed a will, he tore it out of anger because B and C were disputing the fact that a house and lot at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will was revoked or not.

A. The mere act of A is immaterial
B. The tearing of the will may amount to revocation
C. The tearing of the will may amount to revocation if coupled with intent of revoking it.
D. The act of tearing the will is material.
Answer» D. The act of tearing the will is material.
Discussion
37.

The attestation clause of X s will do not contain his signature. At its probate, it is being opposed on that basis. Is the opposition correct? Choose the best answer.

A. Yes, because it is fatal defect.
B. Yes, the will is not valid.
C. No, attestation clause is not an act of the testator.
D. No, attestation clause is not a part of a will.
Answer» D. No, attestation clause is not a part of a will.
Discussion
38.

When may a partner who was appointed as manager in the articles of partnership be removed?

A. May be removed at anytime;
B. May be removed with just or lawful cause by majority of the partners;
C. May be removed for just and lawful cause by a vote of partners representing controlling interest ;
D. May be removed by order of the court.
Answer» D. May be removed by order of the court.
Discussion
39.

If homosexuality is concealed, it is a ground for:

A. Annulment of marriage;
B. Legal separation;
C. Declaration of nullity of marriage;
D. The other spouse to live separately from the other.
Answer» B. Legal separation;
Discussion
40.

If a person who has been declared psychologically incapacitated, can he get married again?

A. No, because it is a permanent incapacity.
B. Yes, because the incapacity is merely partial.
C. No, because he cannot give his consent due to mental psychoses.
D. No, because he cannot comply with the essential duties to the marriage bond.
Answer» C. No, because he cannot give his consent due to mental psychoses.
Discussion
41.

May the status of a child be the subject of a compromise or contract?

A. Yes, provided it is freely agreed upon.
B. Yes, because of the principle of mutuality of contracts;
C. No, because of public policy as paternity and filiation must be judicially established;
D. Yes, because it can be left to the will of the parties.
Answer» D. Yes, because it can be left to the will of the parties.
Discussion
42.

A and B have ten (10) children but wallowing in poverty. C, a relative of A wants to adopt two (2) of their children so that the economic situation of the children will be assured. If you were the judge, how would you decide the petition?

A. I would grant the petition as it would be to the best interest of the children;
B. I would deny the petition because it is against the spirit of the law to consider financial constraint as the primary consideration in adoption;
C. I would grant the petition for as long as the parents give their consent;
D. I would grant the petition for as long as there is a favorable recommendation of the DSWD social worker.
Answer» C. I would grant the petition for as long as the parents give their consent;
Discussion
43.

What is the status of a child born out of artificial insemination?

A. Illegitimate because the husband is not the father of the child;
B. Legitimate provided that it was done with the consent or ratification of the spouses;
C. Legitimate provided there is consent, ratification by the husband and the birth is registered with the civil registry;
D. Legitimate if adopted by the spouses.
Answer» D. Legitimate if adopted by the spouses.
Discussion
44.

A & B are married with a son C. What happens to the relationship by affinity between B and X and Y, the parents of A after A s death?

A. It is severed because of the death of A;
B. It remains because of the existence of C;
C. It remains even with the death of A irrespective of whether they have an offspring or not;
D. The death of A has no effect at all since B and X and Y are not related at all.
Answer» C. It remains even with the death of A irrespective of whether they have an offspring or not;
Discussion
45.

The renunciation or repudiation of inheritance shall take effect:

A. Date of repudiation or renunciation
B. Date of will
C. Date of allowance of will
D. Date of death of testator
Answer» E.
Discussion
46.

After the heirs of an 80-year old man who disappeared for more than 5 years partitioned his properties, he re-appeared. What happens to the partition?

A. It is automatically considered void since there was no transmission of successional rights;
B. He can file an action for nullity;
C. He can recover his properties in the condition in which it may be found and the price of any property that may have been alienate
Answer» D.
Discussion
47.

Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ?

A. No, because he is a trespasser;
B. No, because since he has a map, he is not a finder by chance;
C. Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser;
D. No, because by chance means good luck.
Answer» D. No, because by chance means good luck.
Discussion
48.

What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best answer.

A. No, transmission of right from the first heir to the second.
B. No right of representation
C. The right shall be transmitted to the heirs of the second heir.
D. None of the above.
Answer» D. None of the above.
Discussion
49.

In the will of Do a A, one of the beneficiaries is the wife of the minister who rendered aid to the testator during the latter s illness. Is she qualified?

A. No, because of the possibility of undue influence that may have been exerted by the minister;
B. No, because since the priest is disqualified, the will is a circumvention of the prohibition;
C. Yes, because the law extends the disqualification of priests and ministers of the gospel to their relatives within the fourth degree as well as the church, order chapter, community or institution to which they may belong. (Art. 1027(2);
D. No, because what cannot be done directly, it cannot be done indirectly.
Answer» D. No, because what cannot be done directly, it cannot be done indirectly.
Discussion
50.

In case of losses, the industrial partner shall,

A. Share in the losses in any event.
B. Shall share in the losses only if there is a stipulation.
C. Shall not share in the losses even if he contributes capital.
D. Shall not share in the losses except if he contributes capital also.
Answer» E.
Discussion