Explore topic-wise MCQs in Uncategorized topics.

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501.

When A borrowed money from B, the latter gave him a check for P10M as it was a Sunday. Was the contract of mutuum perfected?

A. Yes, because the contract is valid in any form;
B. Yes, because the delivery of the check in an evidence of perfection;
C. Yes, because of the principle of mutuality;
D. No, unless the proceeds of the check shall have been delivered.
Answer» E.
Discussion
502.

X leased real property situated in Malate, Manila which is owned by A. During the period of lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate the premises but not appropriate the improvement. Is X entitled to reimbursement of the improvements?

A. No, because he is a builder in bad faith.
B. Yes, because he is considered in good faith.
C. No, because he can remove the improvements.
D. Yes, to the extent only of one-half of the value of the improvements if the lessor appropriates it.
Answer» D. Yes, to the extent only of one-half of the value of the improvements if the lessor appropriates it.
Discussion
503.

A, B & C are the co-owners of a parcel of land. A constructed his house at the middle of the property, such that, when they partitioned it, his house was found to be intruding into the share of B. What is the right of B?

A. A can be evicted by B.
B. B can appropriate the portion of A s house intruding into his share as A is a builder in bad faith.
C. A may compel B to buy his house.
D. Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement.
Answer» E.
Discussion
504.

A is the owner of a parcel of land adjoining a river. There is an accretion formed through the natural current of the river. In 1980, his neighbor took possession of the accretion. In 2011, B filed an application for registration. Will the petition prosper?

A. No, because A is the owner being the owner the land to which the accretion is attached;
B. No, because the accretion is a public land;
C. Yes, having acquired it by prescription after 30 years of possession even in bad faith and without title;
D. No, because the title of A is imprescriptible, the accretion being covered by the phrase more of less.
Answer» D. No, because the title of A is imprescriptible, the accretion being covered by the phrase more of less.
Discussion
505.

A leased a parcel of land from B. With B s consent, A put up a manufacturing business on the property and attached a machinery. What is the nature of the machinery?

A. The machinery is always a movable property.
B. The machinery is now immovable by destination.
C. The machinery can be considered immovable if there is a provision in the contract of lease that the same will become B s property when the contract will expire.
D. The parties cannot change the nature of the property even by agreement.
Answer» D. The parties cannot change the nature of the property even by agreement.
Discussion
506.

A, B, C, D are the co-owners of a parcel of land. A sold his undivided share to X with the knowledge of his co-owners. One (1) year after the sale, they wanted to exercise the right of legal redemption, but A and X refused. Whose contention is correct?

A. They are not entitled to exercise the right of legal redemption because the 30-day period has already lapsed as they knew of the sale;
B. They can exercise the right of legal redemption within 20-days from receipt of written notice of the sale;
C. They cannot exercise the right of legal redemption because knowledge of the sale is not equivalent to registration hence, the 30-day period has already lapsed;
D. They cannot exercise the right of legal redemption due to estoppel.
Answer» B. They can exercise the right of legal redemption within 20-days from receipt of written notice of the sale;
Discussion
507.

A court is empowered to ignore an unreasonable contract for attorney s compensation although it is not shown to be contrary to morality or public policy.

A. True
B. False
C. None of the above
D. all
Answer» B. False
Discussion
508.

A entered into a contract whereby he obligated himself to pay B on or before September in the form of Australian currency. When the obligation became due and demandable, A delivered to B Australian currency. Is A correct?

A. B can refuse to accept the payment because the currency being offered is not legal tender in the Philippines.
B. A is correct in offering Australian currency because of the contract.
C. A is not correct because the stipulation to pay in Australian currency is void because it is contrary to law.
D. A is not correct because the stipulation to pay in the form of another currency is void because it is contrary to public policy. (RA 8183)
Answer» C. A is not correct because the stipulation to pay in Australian currency is void because it is contrary to law.
Discussion
509.

A & B entered into a contract of lease over A s house and lot. Without the consent of A, B assigned the lease to C. Is the assignment valid?

A. The assignment is valid because B has the right of possession over the leased property and can transfer it to anyone.
B. The assignment is void because of lack of consent of A.
C. The assignment is void because the same partakes of the nature of subjective novation which needs the consent of A.
D. The assignment is valid since it is a property of B which can be disposed of.
Answer» D. The assignment is valid since it is a property of B which can be disposed of.
Discussion
510.

No. 1 - If a person obliged to do something fails to do it, the only remedy of the obligee is to demand for the payment of damages. No. 2 - If a person obliged to do something fails to do it, he may be compelled by court action to fulfill his obligation.

A. Both are true.
B. Only No. 1 is true.
C. Both are false.
D. Only No. 2 is true.
Answer» D. Only No. 2 is true.
Discussion
511.

ABS-CBN entered into a contract with WR under certain terms and conditions. Both parties violated their contract, to the extent that WR transferred to another station despite the contract.

A. ABS-CBN can rescind the contract because of material breach committed by WR.
B. WR can rescind the contract due to violations committed by ABS-CBN.
C. The court will not grant rescission because of mutual breach.
D. The court will not rescind the contract, but will just temper the award of damages in its judgment.
Answer» E.
Discussion
512.

A is the owner of a parcel of land, which is a part of a subdivision property being developed by XYZ Corporation. His lot is adjacent to the road belonging to ABC Corporation hence, he used to pass through the road going to the national highway. In 2009, ABC Corporation constructed a fence on its property, thus closing the road. Can A demand the reopening of the road?

A. A can demand for the reopening of the road because he acquired the right to use it by prescription.
B. A can demand for the reopening of the road because it is the nearest to the highway.
C. A cannot demand for the reopening of the road because there is an adequate road of the subdivision belonging to XYZ Corporation.
D. A can demand for the reopening of the road because the roads of the subdivision of XYZ Corp. where his lot is located are not yet fully developed, hence, it is very inconvenient for him to pass thru the same.
Answer» D. A can demand for the reopening of the road because the roads of the subdivision of XYZ Corp. where his lot is located are not yet fully developed, hence, it is very inconvenient for him to pass thru the same.
Discussion
513.

A contract of lease was entered into between A & B with a provision that it is for a period of 5 years renewable for another 5 years. The contract expired on June 30, 2010 but up to now, the lessee is still in possession of the premises. What does the implicit renewal of the contract mean?

A. That all the provisions of the contract relative germane to possession are renewed.
B. That the period originally agreed upon shall likewise be the period in the renewed contract.
C. That the right to purchase agreed upon in the original contract is impliedly renewe
Answer» B. That the period originally agreed upon shall likewise be the period in the renewed contract.
Discussion
514.

Excited over their impending marriage, the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. The marriage is:

A. valid there being a marriage license validly obtained by the parties.
B. voidable there being a defect in the formal requisite.
C. valid there being only an irregularity in the marriage license.
D. void in the absence of a valid marriage license.
Answer» D. void in the absence of a valid marriage license.
Discussion
515.

A checked in at ABC Hotel Corporation with his valuables. While shopping nearby, she left the room for half a day but when she went back, all his valuables were gone as her room was ransacked with the use of force. She filed a complaint for damages. Is the hotel keeper liable?

A. The hotel keeper is liable as depositary.
B. The hotel keeper is not liable because under the contract, it is not liable in case of loss of things belonging to the guest for any reason.
C. The hotel keeper is not liable because of force majeure.
D. The hotel keeper is liable because it is its duty to protect the properties of its guests.
Answer» D. The hotel keeper is liable because it is its duty to protect the properties of its guests.
Discussion
516.

A and B entered into a contract of sale over A s property. The document that evidences the contract did not state how much was paid, but A delivered the property to B. What is the nature of the contract?

A. Void;
B. Valid;
C. Unenforceable;
D. Rescissible.
Answer» C. Unenforceable;
Discussion
517.

One of the terms and conditions of employment is that, if a dependent of an employee dies, the employee shall be entitled to bereavement benefits. A, an employee was pregnant but the fetus died. Is she entitled to bereavement benefits?

A. No, because the fetus was not yet born;
B. Yes, because the fetus became a dependent upon A from the moment of conception;
C. No, because the fetus has yet to be born inorder to die;
D. No, because the fetus has no personality yet.
Answer» C. No, because the fetus has yet to be born inorder to die;
Discussion
518.

The President of a foreign country came to visit the Philippines in cognito. While enjoying the beautiful beach in Pagudpud, Ilocos Norte, he as caught in flagrante delicto raping a young girl. If you were a police officer, what would you do?

A. I would arrest him because he is committing a crime;
B. I would arrest him because penal laws are binding upon all those who live or sojourn on Philippine territory;
C. I will not arrest him after identifying himself because of his immunity which is an accepted principle of international law. (Art. 14, NCC)
D. I will arrest him because nobody is above the law.
Answer» D. I will arrest him because nobody is above the law.
Discussion
519.

A sent a document letter to B and obligated himself to give him P10M when he will feel like doing it. A year later, B wanted to enforce the commitment of A. What would be your advice if you were the counsel?

A. I would advice him to enforce it because the letter is akin to a contract;
B. I would advice him to enforce it because the letter is a source of a demandable obligation;
C. I would not advice him to enforce since the promise is void as the performance depends upon the sole will of A; (Art. 1182, NCC)
D. I would advice him to enforce because the letter is an express acknowledgment of an obligation.
Answer» D. I would advice him to enforce because the letter is an express acknowledgment of an obligation.
Discussion
520.

A executed a holographic will disinheriting his children B but did not institute C and D. Is there a need for the will to be probated?

A. No more, because it would be an exercise in futility as no one will inherit on the basis of the will;
B. Yes, because without the will being admitted to probate the disinheritance shall be ineffective;
C. Yes, because a will shall not pass any right to the heirs unless it is admitted to probate;
D. Both B and C.
Answer» C. Yes, because a will shall not pass any right to the heirs unless it is admitted to probate;
Discussion
521.

In 1980, during the lifetime of A s parents he executed a waiver of right over his future inheritance in favor of his brother B. A predeceased his parents. After the death of his parents in 2010, B obtained a title over the whole estate. Can A s children recover their father s share?

A. No, because of prescription;
B. No, because of laches;
C. Yes, because laches cannot be set up to resist enforcement of an imprescriptible right, hence the children can vindicate their inheritance despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435);
D. No, because they were not paties to the agreement, hence, they have no personality. (Art. 1397, NCC).
Answer» D. No, because they were not paties to the agreement, hence, they have no personality. (Art. 1397, NCC).
Discussion
522.

A & B entered into a contract of loan in the amount of P1M with interest at 192% per annum. When the obligation became due and demandable B failed to pay despite demand, hence, A filed a complaint against B. On the interest rate, what is a valid contention of B?

A. B can ask the court to declare it void on the ground that it is contrary to the Usury Law.
B. B can ask the court to declare it void and be not liable at all.
C. B can ask the court to delacre it void on the ground that it is unconscionable, hence, contrary to morals and the court may fix the interest rate at its discretion.
D. A can contend that the interest rate is valid because of the principle of binding effect of contracts.
Answer» D. A can contend that the interest rate is valid because of the principle of binding effect of contracts.
Discussion
523.

Mr. S sold his land to Mr. B with a right to repurchase within ten years from the date of sale. Despite the lapse of the period of redemption, no such redemption was made.

A. Ownership of the land was consolidated on Mr. by virtue of the failure to redeem by Mr. S.
B. Ownership of the land will be consolidated only upon the registration of the sale with the registry of deeds.
C. Ownership of the land will be consolidated only upon a judicial order.
D. Ownership will be consolidated only with the consent of Mr. S.
Answer» D. Ownership will be consolidated only with the consent of Mr. S.
Discussion
524.

A is the owner of a parcel of land. He entered into a contract to sell with B with an obligation to pay the price within one (1) year. B failed to pay. State the effect of non-payment.

A. The contract is rescissible, for failure of B to pay.
B. The contract is void for failure to pay the price.
C. A does not need to perform an act of rescission because the payment of the price is a positive suspensive condition, the happening of which would result in A executing the deed of sale.
D. A can go to court and compel B to pay.
Answer» D. A can go to court and compel B to pay.
Discussion
525.

X and Y executed a contract of lease, which provides as follows: In the event that the lessee fails to pay on or before the due date of payment herein specified, the contract is deemed automatically terminated and the lessee can be evicted without need of judicial order. Suppose that Y, the lessee fails to pay the rentals after giving a demand letter, may X, the lessor evict Y immediately?

A. No, because it is a principle in law that a person cannot take the law into his own hands.
B. No, because judicial order is required.
C. Yes, because X, as the owner has a superior right to possess the property.
D. Yes, under the principle of mutuality of contract.
Answer» E.
Discussion
526.

A is the owner of a parcel of land adjoining B s lot. B, knowing that the lot did not belong to him constructed his house on the lot belonging to A. Which of the following is the not correct?

A. A can appropriate the house without paying any compensation.
B. A can eject B.
C. B is entitled to at least 50% of the value of the house in the interest of justice and inorder that no one shall enrich himself at the expense of another.
D. A can compel B to buy the land even if the value is considerably more than the value of the improvement.
Answer» D. A can compel B to buy the land even if the value is considerably more than the value of the improvement.
Discussion
527.

A executed a will with B, C & D as witnesses. At the time of the subscription by A, C & D on each and every page of the will, B was outside the room with an open door. Is the will valid?

A. The will is void because it was not subscribed in his presence.
B. The will is valid because the phrase in the presence does not mean actual seeing but mere opportunity to have witnessed and seen the signing.
C. The will is valid because there is substantial compliance with the law.
D. The will is void because it requires the presence of the witnesses to prevent fraud, in the execution of the will and to protect the integrity of the will.
Answer» C. The will is valid because there is substantial compliance with the law.
Discussion
528.

Glenda, a Filipino citizen and John Riel, an Australian citizen, got married in the consular office of the Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular official is valid, provided that such marriage is celebrated in accordance with the laws of such consular official. What is the status of the marriage of Glenda and John Riel?

A. Void, because the consular official has no authority to solemnize the marriage.
B. Valid, because according to the laws of Australia, such consular official has authority to celebrate the marriage.
C. Voidable, because there is an irregularity in the authority of the consular official to solemnize marriages.
D. Valid, because such marriage is recognized as valid in the place where it was celebrated.
Answer» B. Valid, because according to the laws of Australia, such consular official has authority to celebrate the marriage.
Discussion
529.

A contract is binding between the parties notwithstanding the absence of a law that governs it, as long as it is not contrary to morals, good customs, public policy, or public order.

A. True
B. False
C. None of the above
D. all
Answer» B. False
Discussion
530.

A leased a parcel of land from B. With the consent of B, A constructed his house. If B will file an application for registration of the land, what will happen to the house?

A. It will be included in the registration as improvement thereon unless A files an opposition and asks that his right be annotated on the title;
B. A can have it registered independently;
C. A need not file an opposition as the court will order the registration of the land without the house because registration under PD 1529 applies only to land;
D. A can oppose alleging that he has a better right to register since he is in actual possession.
Answer» B. A can have it registered independently;
Discussion
531.

A, an American citizen is married to B, a Filipina. Through the pension and savings of A, they acquired a residential lot in Manila, but it was registered under B s name. B sold the property to C. Can A seek to recover the property?

A. Yes, because the sale is void as it was done without the consent of A;
B. Yes, because B as trustee, she cannot sell the property;
C. No, because even if the property was acquired with A s money, he cannot own land in the Philippines;
D. Yes, otherwise B would enrich herself at the expense of A.
Answer» D. Yes, otherwise B would enrich herself at the expense of A.
Discussion
532.

A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not institute his children B, C and D. Is there preterition?

A. Yes, because of the total institution of the descendants;
B. Yes, because failure to state the ground for the non-institution of the descendants;
C. No, because B, C and D shall inherit from the estate of A by the rules of intestacy;
D. No, because B, C and D are deemed instituted.
Answer» E.
Discussion
533.

The Roponggi property of the Philippines was sought to be sold to help raise funds to finance the various economic projects of the State. If you were consulted on this legal matter, what would be your advice?

A. It can be sold because it is a patrimonial property of the State;
B. It cannot be sold because it is a property of the State intended for public use and public service;
C. It can be sold because it is a disposable property;
D. It can only be sold if the Director of Lands reclassifies it to a patrimonial property.
Answer» C. It can be sold because it is a disposable property;
Discussion
534.

A school granted scholarship to EC but subject to the condition that if he will transfer to another school, he will refund all benefits he has already enjoyed. Is the stipulation valid?

A. Yes, because of the principle of mutuality of contracts;
B. Yes, because of the principle of relativity of contract;
C. No, because it is contrary to morals and public policy;
D. No, because it is contrary to law.
Answer» D. No, because it is contrary to law.
Discussion
535.

Antonio sold a piece of land to Renato binding himself not to sell the same to another person. On the following day, Antonio sold the land to Carlos who immediately took possession in good faith. In the case at bar, the proper remedy of Renato is to:

A. Institute an action for the annulment of the sale to Carlos.
B. Institute an action for the recovery of the land.
C. Institute an action for damages against Antonio.
D. Institute an action for a declaration of nullity of the sale to Carlos.
Answer» D. Institute an action for a declaration of nullity of the sale to Carlos.
Discussion
536.

A, an American citizen married B, a Filipina in the Philippines. A obtained a decree of divorce against B capacitating him to remarry under USA law. Can B remarry?

A. B can get married right away after the decree has become final and executory.
B. B cannot get married because from the point of view of Philippine Law, he is still married.
C. B can get married provided that she goes to court and proves the decree of divorce as a fact according to the rules of evidence.
D. B can get married because the divorce decree being valid in the USA is valid in the Philippines to be fair to B.
Answer» D. B can get married because the divorce decree being valid in the USA is valid in the Philippines to be fair to B.
Discussion
537.

X and Y are married. They have a daughter Z. They are living in the house of Y s parents, but left the house because of differences with his parents-in-law and his wife due to her refusal to leave the house. He was prevented from visiting his child and the latter was prevented from seeing her father? What is the remedy of X?

A. File a petition for habeas corpus;
B. File a complaint to compel the wife to live with her at a different place;
C. File a complaint for damages;
D. File a complaint for damages de to abuse of right.
Answer» B. File a complaint to compel the wife to live with her at a different place;
Discussion
538.

A borrowed money from Metrobank and executed a mortgage over his house and lot as security. No period has been agreed upon on the date of payment. Before the lapse of ten (10) years, the bank foreclosed the mortgage. Is the bank correct?

A. Yes, because of delay in the payment of the obligation;
B. Yes, otherwise the action to foreclose might prescribe;
C. No, because the proper remedy is for the bank to file an action for the fixing of the perio
D. (Art. 1197, NCC, Pacific Bank v. CA, 5 May 1989);
Answer» D. (Art. 1197, NCC, Pacific Bank v. CA, 5 May 1989);
Discussion
539.

X, Y & Z entered into a contract of loan with A obligating themselves solidarily to pay to A without need of demand on June 16. A condoned X s obligation; Y is insolvent. How much can A collect if the amount is P900,000.00?

A. The full amount because anyone of the solidary debtors can be required to pay.
B. P300,000.00 because of the condonation and insolvency of two (2) of the solidary debtors.
C. P600,000.00 by suing X & Z where Z will pay P300,000.00 plus P150,000.00 as his share in Y s obligation and where X will pay P150,000.l00 as his share in Y s obligation, but with a right of reimbursement.
D. P900,000.00 chargeable against Z but with right of reimbursement.
Answer» D. P900,000.00 chargeable against Z but with right of reimbursement.
Discussion
540.

A placed a bet of P10,000.00 that San Beda would win the NCAA basketball championship. B accepted the bet. But B refused to pay after SBC won. Is B correct?

A. Yes, because of the principle of mutuality of contracts;
B. Yes, because of the principle of liberty of contracts;
C. No, because the law prohibits betting in basketball even if it is not a game of chance;
D. Yes, because basketball is a game of skill and not of chance.
Answer» D. Yes, because basketball is a game of skill and not of chance.
Discussion
541.

One of the four (4) witnesses in the will of A is the notary public. Is the will valid?

A. The will is valid because the signature of the notary public is a mere surplusage.
B. The will us void because the notary public cannot subscribe before himself.
C. The will is valid because there is substantial compliance with the requirements of a will.
D. The will is valid especially so that the law must give tender care to the will because it is the voice of the testator even after his death.
Answer» B. The will us void because the notary public cannot subscribe before himself.
Discussion
542.

A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned.

A. X shall inherit as A left no legitimate child;
B. X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC)
C. X and C can inherit together but C will inherit like an illegitimate chil
D. (Art. 343, NCC) It has been deleted by the Family Code.)
Answer» C. X and C can inherit together but C will inherit like an illegitimate chil
Discussion
543.

X and Y are married. They were leasing a parcel of land in 2007; they constructed a house on the leased lot valued at P1M and resided thereon. While in business, they incurred liability from Z who sued them for failure to pay. Judgment was rendered and it became final and executory. Can the house be levied upon?

A. The house can be levied upon to answer for the obligation because it is not a family home.
B. The house is exempt from execution because it is a family home.
C. The house can be levied upon and sold, but the first P200,000.00 or P300,000.00 shall be given to X and Y.
D. The house can be sold after levy because X and Y did not file a motion to quash the levy contending that the house is a family home, hence, waived the right to invoke the exemption from levy.
Answer» B. The house is exempt from execution because it is a family home.
Discussion
544.

A and B entered into a contract for B to construct the house of A for P10M. XYZ are partners engaged in the construction of houses. As they are friends of A, they told him that they can construct his house for only P8M and told him to cancel the contract with B. He cancelled the contract with B. What is the right of B?

A. B can sue A for breach of contract.
B. B can sue XYZ partnership because of interference in contractual relationship.
C. B can sue X,Y,Z for inducing A to violate his contract.
D. B can sue A, and XYZ partnership for breach of contract.
Answer» C. B can sue X,Y,Z for inducing A to violate his contract.
Discussion
545.

Mr. X pledged his gold watch to Mr. Y as security for a loan. The loan was not paid.

A. Mr. Y may appropriate the ring as his own if there is a stipulation to that effect.
B. Mr. Y must sell the ring to someone else even in a private sale.
C. Mr. Y may recover the deficiency from Mr. X if after the auction sale, a deficiency exists.
D. Mr. Y cannot recover the deficiency after the auction sale.
Answer» E.
Discussion
546.

A was employed by ABC Co. as manager in Metro Manila subject to the condition that if A will be severed from the company, voluntarily or involuntarily, he cannot get involved in any business of the same nature with ABC s business in Metro Manila within a period of six (6) months from severance. Is the stipulation valid?

A. The stipulation is not valid because it is contrary to public policy.
B. The stipulation is not valid because it is contrary to law, as it is a restraint of trade.
C. The stipulation is valid because of the principle of mutuality of contracts.
D. The stipulation is valid because the non-involvement clause provides for time and place to prevent unfair competition and advantage.
Answer» E.
Discussion
547.

X is a naturalized Filipino. In 1990, he migrated to the USA and embraced American citizenship. In 2010, he returned to the Philippines and asks you whether he can own a residential lot in Manila. What is your advice?

A. Yes, he being a former natural-born citizen, he can own up to 5,000 square meters;
B. No, because only former natural-born citizens can own land in the Philippines up to 5,000 square meters in Manila;
C. Yes, because he has the same rights as a former natural born citizen;
D. Yes, otherwise, there would be a violation of the equal protection clause.
Answer» C. Yes, because he has the same rights as a former natural born citizen;
Discussion
548.

A and B are married. They have children X, Y and Z. Before his death, A donated a parcel of land to X denominated as an irrevocable donation. He died leaving a will but did not institute X. When the will was submitted to probate, X opposed on the ground of preterition. Is X correct?

A. X is correct because he is an heir in the direct line, hence, entitled to his legitime.
B. X is not correct because the donation is an advance inheritance.
C. X is correct because donation being irrevocable is not collationable.
D. X is correct, otherwise, it would be unfair to him being an heir of A.
Answer» C. X is correct because donation being irrevocable is not collationable.
Discussion
549.

A, an American citizen and a resident of Canada executed a will in Japan. Which among the following is not correct if the will is submitted to probate in the Philippines?

A. It may be made according to the formalities prescribed by American law;
B. It may be made according to the formalities prescribed by Canadian law;
C. It may be made according to the formalities prescribed by Japanese law;
D. It will not be made according to the formalities prescribed by Philippine law.
Answer» E.
Discussion
550.

A has in his possession B s car. He sold it to C without the consent of B, but one day thereafter B sold the same car to B. Who is the owner of the car?

A. B because the sale by A to C is void;
B. C, because A s title which he acquired from B passed to C by operation of law;
C. B because A could not have sold what he did not own;
D. C because of estoppel.
Answer» C. B because A could not have sold what he did not own;
Discussion