A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same.

B and C can redeem the said property after paying the foreclosed amount.

A should pay B and C corresponding to the value of their respective share.

B and C may redeem the property only to the extent of their respective shares.

Mr. X executed a chattel mortgage over his house and lot to Mr. Y. When the obligation became due, Mr. X did not pay despite demand.

Mr. Y has no right to foreclose the mortgage because the house and lot are not chattels.

Mr. Y has no right to foreclose the mortgage unless Mr. X consents to the foreclosure.

Mr. Y has no right to foreclose the mortgage because he can sue for collection.

Mr. Y may foreclose the mortgage because Mr. X is estopped from claiming the invalidity of the chattel mortgage over the real property, but foreclosure should be made under the procedure of a real estate mortgage.

Gody obtained a loan from Eusebio in the amount of PhP10,000.00 payable on June 30, 2005 plus 10% interest. On January 2, 2005, Gody won PhP100, 000.00 in a bingo game and he offered to pay PhP10,000.00 to Eusebio. Eusebio refused to accept the payment offered by Gody. Which of the following statements is correct?

Eusebio can be compelled to accept the payment offered by Gody because the amount being offered is complete.

Eusebio can be compelled to accept the payment being offered if the interest will be reduced.

Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arriv

Mr. Seller and Mr. Buyer orally agreed on the following:(i) the land to be sold has an area of 10,000 sq. meters;(ii) price is P5 million; and(iii) Mr. Seller shall prepare the deed of sale.With fraudulent intent, Mr. Seller knowing the inadequacies of Mr. Buyer with respect to numbers wrote 1,000 sq. meters instead of 10,000 sq. meters. The sale is

valid but the contract may be reformed

voidable but the contract may be reformed

valid but the instrument may be reformed

valid but the contract may be reformed

At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?

Grant it since the will is extrinsically valid and complete

Grant it because A was of sound mind at the time of death;

Grant it because the subsequent capacity cured the defect of the void will;

Deny probate because the will is void ab initio;

Grant it since the will is extrinsically valid and complete

A called up B that he was selling his house and lot for P10M. Within one (1) hour after B accepted the offer, he invited A for dinner at the Manila Hotel where B paid the dinner in the amount of P5,000.00. They agreed that the P5,000.00 was the downpayment. A receipt for the payment of P5,000.00 for the dinner was issued. When A refused to sell, B sued for specific performance. Is B correct?

B is not correct since the contract is unenforceable as it was not put to writing.

B is correct because the contract has been partially executed due to the agreement that the P5,000.00 paid for their dinner constituted the downpayment.

B is not correct since the contract is unenforceable as it was not put to writing.

A is wrong because the contract is unenforceable as there was no payment of the price.

The contract is valid because it has all the elements of a valid contract.

Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell. Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct?

The one with a better right is Buyer No. 2

Mr. Seller has done a double sale.

The one with the better right is the buyer who registers the sale first in good faith.

A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide?

It will declare the will extrinsically void.

It will declare the will void because there are only two (2) witnesses;

It will declare the will void because the notary public cannot subscribe before himself;

It may grant the probate and consider it a holographic will

It will declare the will extrinsically void.

Ben pledged his watch to V. Y. Domingo for P5,000. On the due date Ben failed to pay his loan and redeem the watch. The pawnshop sold the watch at public auction to the highest bidder at P4,000.

The pawnshop cannot recover the P1, 000 unless there is a stipulation.

The pawnshop can recover the deficiency of P1, 000 from Ben.

The pawnshop cannot recover the P1, 000 unless there is a stipulation.

The pawnshop can recover the P1, 000 even without a stipulation.

The pawnshop cannot recover the P1, 000 even if there is a stipulation.

A is both a Chinese and a Japanese. While in Manila he died leaving properties in the Philippines. Before he died, he was a domicile of Japan. How should Philippine courts adjudicate the successional right to his estate?

In accordance with both laws considering that the Philippines is a third State.

In accordance with Chinese law because of the nationality theory;

In accordance with Japanese law because of the nationality theory;

In accordance with the domiciliary law;

In accordance with both laws considering that the Philippines is a third State.

A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?

Deny because of the possibility of fraud.

Deny probate because the will is void as he did not understand the language;

Deny because he could not have written in a language he did not understand;

Grant probate provided that it was explained to him in a language understood by him;

Deny because of the possibility of fraud.

A is indebted to ABC Corporation in the amount of P100M. Despite efforts to collect from A, the latter failed to pay due to business reverses as he has no more assets. In order to maintain a more accurate inventory of the worth of its current assets, ABC Corp. was forced to write-off A s obligation. One (1) year later, A won the lotto draw in the US in the amount of $100M. Learning of the good luck of A, it demanded for payment, but A refused to pay contending that his obligation was extinguished when it was written-off. Is A correct?

A is correct because write-off is a mode of extinguishing an obligation.

A is correct because write-off is a compromise of liability.

A is correct because write-off is a condonation of an obligation.

A is not correct because in making the write-off, only the creditor takes action by removing the uncollectible account from its books even without the approval or participation of the debtor, hence, there is no extinguishment of the obligation. (Reyna, et al. v. COA, G.R. No. 167219, February 8, 2011)

To secure the payment of his obligation, A pledged to his surety C, his car who sold the car after paying the obligation of A. The obligation was P2M but the car was sold for only P1M. Can the surety recover the deficiency?

Yes, if there is a stipulation.

Yes, otherwise, there would be solution indebiti;

Yes, no law prohibits him from doing so as he is not the direct creditor;

No. In the foreclosure of a pledge, if the price of the sale is less than the indebtedness secured by the pledge, the creditor shall not be entitled to recover the deficiency, notwithstanding any stipulation to the contrary.

Yes, if there is a stipulation.

Seller wrote Buyer offering to sell his only house for a specified price. The letter was mailed on the same date it was written. Buyer offered to buy the same house for the same price and the letter containing the offer to buy was also mailed on the same date it was written. On the same date and time Seller and Buyer received the letters written to each other.

There is a perfected contract only when they have orally confirmed their having received the letters written to each other.

There is no contract because the offers were not certain.

There is no contract because there was no acceptance.

Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms:(i) down payment of P500,000;(ii) entire balance is to be paid on December 24, 2004;(iii) a chattel mortgage is to be executed over the car bought or sold in favor of Mr. Seller. If on the due date for the balance, no payment is paid despite demand.

Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the balance.

Mr. Seller may foreclose the mortgage on the car and recover any balance if there be a deficiency in the foreclosure sale.

Mr. Seller can foreclose the mortgage on the car but is precluded from recovering any balance.

Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the balance.

Mr. Seller can only cancel or rescind the sale.

Andrea wrote Bernardo a letter offering to sell a piece of land. Andrea gave Bernardo two months within which to pay the price of P500,000. After 50 days Andrea informed Bernardo that she is increasing the price of the land to P700, 000. Can Bernardo compel Andrea to accept the P500,000 first offered and execute the deed of sale?

Yes, because the period of 2 months has not yet expired.

No, because Bernardo did not signify his acceptance of the offer of P500,000

Yes, because the period of 2 months has not yet expired.

Yes, because Andrea is already estopped by her signed letter.

Yes, because there was actual meeting of minds of the parties.

A & B are married with children C & D, but were living separately from one another. A got married to E and begot children, F & G. After his death, E, F & G filed a petition for settlement of his estate. B, C &D intervened to claim their share of the estate and contended that since F & G are illegitimate as the marriage of A & E is void, their share is only of the share of the legitimates. Is the contention correct?

There is no use to question the marriage of A & E anymore because it has become moot and academic due to A s death.

The contention of B, C & D that the marriage of A & E is void is not correct because only A & E can question the validity of their marriage.

B, C & D can contest the validity of the marriage of A & E in the settlement of his estate as an exception to the rule due to the law on succession.

There is no use to question the marriage of A & E anymore because it has become moot and academic due to A s death.

The contention of B, C and D is not correct as they should have filed the settlement of estate of A and put up the defense of invalidity of the marriage of A and E if their children would intervene.

A sold a car to B on installment basis secured by a chattel mortgage over the thing and a promissory note co-signed by C. A failed to pay four (4) monthly installments. Under the contract in case of non-payment, the vendor can exercise any of the remedies under Art. 1484, NCC and in case of deficiency, the seller can recover the balance. What is the remedy of A?

A can foreclose the mortgage and can recover the unpaid balance from C since B & C are solidarily liable.

A can file an action for the foreclosure of the mortgage and recover the unpaid balance because of the contract.

A can foreclose the mortgage and recover the unpaid balance because the Chattel Mortgage Law does not prohibit recovery.

A can foreclose the mortgage but cannot recover the unpaid balance because it is absolutely prohibited by law.

A can foreclose the mortgage and can recover the unpaid balance from C since B & C are solidarily liable.

A, B and C are partners engaged in a retail business. Their contribution is P20, 000.00 each. D is admitted as a new partner with a contribution of P8, 000.00. At the time of his admission, the partnership has an outstanding obligation to E in the amount of P80, 000.00. In this case:

D is liable to E for this obligation so that after the assets of the partnership will be exhausted, leaving a balance of P12,000.00, all the partners shall be liable jointly or pro rata, including D, out of their separate property.

D is not liable to E for this obligation and his P8,000 contribution shall remain with the partnership

D is liable to E for this obligation so that after the assets of the partnership amounting to P68, 000.00 will be exhausted leaving a balance of P12, 000.00, only A, B and C shall be liable jointly or pro rata, out of their separate property.

D is liable to E for this obligation so that after the assets of the partnership will be exhausted, leaving a balance of P12,000.00, all the partners shall be liable jointly or pro rata, including D, out of their separate property.

D will be liable only if he knew of the liability of P80,000 at the time he joined the partnership.

Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a birthday gift. Danny readily accepted the gift with profuse gratitude. One month later, they had a serious quarrel; hence, Charlie demanded the return of the watch from Danny. Danny refused to return the watch. What is the nature of this donation?

Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance were not in a public instrument.

Valid, because there was intention to donate and delivery by the donor Charlie.

Valid, because there was acceptance and receipt of the donated personal property by the donee Danny.

Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and acceptance were not in writing.

Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance were not in a public instrument.

A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?

It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.

It will admit the will to probate because of the doctrine of lex loci celebrationis;

It will not admit the will to probate unless probated first in Canada;

It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)

It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.

Which of the following is false with regard to the prescription on action to quiet title?

If the plaintiff is in possession, the action to quiet title does not prescribe.

If the plaintiff is not in possession, it may prescribe.

Whether the plaintiff is in possession or not, the action to quiet title will prescribe.

A and B are married with a son C who is 19 years old and living in their company. A asked C to drive the family car on their way to their province in Ilocos Norte. The car met an accident resulting in the death of D, a pedestrian. Who may be liable for damages?

A, B and C are solidarily liable;

C is solely liable because he has already been emancipated hence, liable for all acts of civil life;

A and B because under the law, if a child is 18 and above but below the age of 21 and living in the company of the parents and performs acts or omission causing damage to another, the parents are liable;

A, B and C are solidarily liable;

A only because he is the head of the family.

On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a specified red car. There was no delivery however, on said date. On June 15, 2000, the garage of the car collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable?

Yes, because there is a perfected contract.

No, because he could plead impossibility of performance due to a fortuitous event even if he is in default.

Yes, because Jose Dizon is in legal delay.

No, because there was no demand and the car was lost through a fortuitous event.

Yes, because there is a perfected contract.

Mr. Reyes has a tax liability of P100, 000. In order to evade the payment of the tax liability, he executed a deed of sale of his only parcel of land valued for P100, 000.00 in favor of his brother, Pablo. The deed of sale stated a purchase price of P20, 000.00 but the BIR has evidence that said price had never been paid.

The BIR should first have the sale annulled before it may levy upon the land pursuant.

The BIR may not levy upon the land because the sale is valid.

The BIR, without having the sale annulled may levy upon the land of (Mr.Reyes pursuant to the Tax Code.

The BIR should first have the sale annulled before it may levy upon the land pursuant.

The BIR should first have the sale rescinded for lesion to the government.

A & B are married. They have children, C & D. C is married to X and they have children, Y & Z. D is married to S and they have children, T & U. He has likewise an illegitimate child, V. Before A died he executed a will instituting his heirs including V. Can V inherit from A considering that he is an illegitimate child of D?

V can inherit because the will of A is an act whereby he is given the right to determine his heirs.

V cannot inherit because he is an illegitimate child of D.

V cannot inherit despite his institution because of the barrier between the legitimates and the illegitimates.

V can inherit because the iron curtain applies only in cases of intestacy.

V can inherit because the will of A is an act whereby he is given the right to determine his heirs.

A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the sale valid?

Yes, because he was still the owner at the time of the sale.

Yes, because of automatic revocation for failure to comply with the condition;

Yes, because A was exercising a right;

No, because of the absence of automatic revocation clause;

Yes, because he was still the owner at the time of the sale.

Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount of P100, 000. The debt is secured by a pledge on a ring owned by Mr. Debtor. Which among the following is most likely correct?

If the debt is condoned by Mr. Creditor, the pledge is not condoned.

If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument.

If the debt is condoned by Mr. Creditor, the pledge is not condoned.

If Mr. Creditor returns the thing pledged to Mr. Debtor, the pledge and the loan are deemed extinguish

Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.

The probate of the will is res judicata to the prosecution of X.

X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.

The probate of the will is res judicata to the prosecution of X.

X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will.

A owes money to B evidenced by a PN payable on A s birthday. When A was celebrating his birthday, B put the PN inside an envelope and delivered it to A. What is the effect of B s act?

Nothing as condonation must be accepted.

Nothing as there was no intention to extinguish the obligation;

Nothing as B did not state his intention to condone the obligation;

The delivery of the PN implies the renunciation of the action which B had against A; (Art. 1271, NCC)

Nothing as condonation must be accepted.

Negative easement may be acquired by prescription through notarial prohibition.

Yes, only after 10 years from service of notarial prohibition.

No, because it is non-apparent.

Yes, because notarial prohibition makes apparent what is non-apparent.

Yes, because it is provided for by law.

Yes, only after 10 years from service of notarial prohibition.

X has a daughter Y. She left for Italy to look for a job and worked there for 10 years but continued to support Y who was left under the custody of A and B. They filed a petition for adoption but did not present evidence of consent of X contending that Y has been abandoned by X. How do you think the court will decide?

It will grant because having left Y for 10 years is considered as evidence of abandonment.

It will grant the petition to serve the best interest of the child;

It will grant even without the consent of X due to abandonment;

It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad;

It will grant because having left Y for 10 years is considered as evidence of abandonment.

A was charged with the crime of murder. He was convicted. While in prison, he executed a donation in favor of B which was accepted by B in the same deed of donation. Is the donation valid?

No, if the donation is inter vivos;

Yes, because it was perfected by the acceptance of B;

Yes, if the donation is mortis causa;

No, if the donation is inter vivos;

A and B both Filipinos are married. A was convicted of the crime of murder. They sought your advice whether they can adopt C, a relative by consanguinity of B. What is your advice?

Since A cannot adopt, B can adopt C alone;

They can adopt C, but must jointly adopt;

They cannot adopt C because A is disqualified because of conviction of a crime invoking moral turpitude;

Since A cannot adopt, B can adopt C alone;

They can jointly adopt C, but prove that it will redound to the best interest of C.

A is the owner of a parcel of land covered by a TCT No. 1. B stole the title, forged his signature and transferred it under his name. TCT No. 2 was issued under his name. He sold it to C who registered under his name. When returned to the Philippine in 2010, he discovered that his title was transferred to another. Can he recover the same?

Yes, because the title of B being void, it cannot produce a valid title.

Yes, because the title of C is void;

No, because the title of C is valid because he is a buyer in good faith and for value;

No, because even if the title of B is void, a void title can be the root of a valid title if it passes to a buyer in good faith and for value;

Yes, because the title of B being void, it cannot produce a valid title.

A & B lived together as husband and wife without the benefit of marriage. For a few months before his death, A was writing his autobiography and stated that he loved B so much and because of that, they decided to live together as husband and wife, but planned to marry. At the time he was writing his autobiography, B was pregnant and he stated in his autobiography that he was the father of the child inside the womb of B. He died without finishing it and failed to sign the same. Two (2) months thereafter, the child C, was born, hence, B sought to register the child under the name of A but the Local Civil Registrar refused, hence, she filed a suit for mandamus to compel the registrar to register the child under A s name. She testified as narrated above; D, the father of A testified that during the lifetime of A he lived with B and she was pregnant at that time. E the brother of A likewise testified along the same line. Is the action of B correct?

The child cannot be registered under A s name because an unsigned document is not evidence of recognition.

The child cannot be registered under A s name because the autobiography was not signed.

The child cannot be registered under A s name otherwise, it would be easy for a woman to vest legitimate status upon a child even if he is illegitimate.

The child can be registered under A s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E.

The child cannot be registered under A s name because an unsigned document is not evidence of recognition.

Mr. Debtor owes fifteen (15) persons substantial amounts of money. His financial situation indicates that his liabilities for exceed his assets. If Mr. Debtor cedes or assigns his properties to his creditors,

The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned.

The creditors acquire ownership of the properties assigned or ceded.

The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor is deemed paid regardless of whether or not the net proceeds are equal to or less than the amount of the indebtedness.

The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor shall only be released to the extent of the net proceeds of the sale.

The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned.

Samson, the son of a wealthy family has always claimed that since childhood, he was not a boy. He played with the girls and did not mingle with the boys. After finishing his course at a university in the Philippines, he went to the US to take up his masteral and doctorate degrees. He consulted several doctors of the possibility of sex transmission from that of male to that of a female. The sex transmission was done in Thailand and which was certified as successful by a medical expert in Manila, hence, he claimed to be a woman. He filed a petition for correction of entry of his record of birth from male to female and his name from Samson to Delailah as he was marrying his fianc . The lower court granted the petition. Is the order of the court correct?

The order is correct because it is the right to a person to choose his/her gender.

The order is correct because a person s status can be changed thru the intervention of medical science due to the advances in science and technology.

The order is correct as there would be no adverse effects, but rather, it would redound to the benefit of Samson.

The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one s name.

A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct?

Yes, because of prescription and laches;

No, because there was no formal prohibition by means of an instrument acknowledged before a notary public prohibiting B from obstructing his easement of light and view;

No, because A did not observe the 2-meter distance between the windows since the view is direct and the lot of B (Non-observance of the distances does not give rise to prescription.)

A raped and killed a minor girl. He was convicted after trial. He can be held liable for exemplary damages. What is the basis?

The existence of aggravating circumstances.

The basis of the award of exemplary damages is found solely in Article 2230, NCC;

Exemplary damages can only be awarded if there is more than one (1) aggravating circumstances;

Exemplary damages can also be awarded where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender and to set a public example, to serve as deterrent to elders who abuse and corrupt the youth and to protect the latter from sexual abuse.

The existence of aggravating circumstances.

Can a criminal convicted of a crime which carries civil interdiction execute his will?

No, it is inconsistent with public policy.

Yes, it is his statutory right.

No, it is an accessory penalty.

Yes, it only prohibits disposition of property inter vivos, not mortis causa.

No, it is inconsistent with public policy.

596 + Mcqs in Philippines Civil Law Society in Uncategorized topics Page 12 McqOptions

551.	A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same.
A.	B and C can redeem the said property after paying the foreclosed amount.
B.	A should pay B and C corresponding to the value of their respective share.
C.	B and C may redeem the property only to the extent of their respective shares.
D.	none
Answer» D. none

Discussion

552.	Mr. X executed a chattel mortgage over his house and lot to Mr. Y. When the obligation became due, Mr. X did not pay despite demand.
A.	Mr. Y has no right to foreclose the mortgage because the house and lot are not chattels.
B.	Mr. Y has no right to foreclose the mortgage unless Mr. X consents to the foreclosure.
C.	Mr. Y has no right to foreclose the mortgage because he can sue for collection.
D.	Mr. Y may foreclose the mortgage because Mr. X is estopped from claiming the invalidity of the chattel mortgage over the real property, but foreclosure should be made under the procedure of a real estate mortgage.
Answer» E.

Discussion

553.	Gody obtained a loan from Eusebio in the amount of PhP10,000.00 payable on June 30, 2005 plus 10% interest. On January 2, 2005, Gody won PhP100, 000.00 in a bingo game and he offered to pay PhP10,000.00 to Eusebio. Eusebio refused to accept the payment offered by Gody. Which of the following statements is correct?
A.	Eusebio can be compelled to accept the payment offered by Gody because the amount being offered is complete.
B.	Eusebio can be compelled to accept the payment being offered if the interest will be reduced.
C.	Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arriv
Answer» D.

Discussion

554.	Mr. Seller and Mr. Buyer orally agreed on the following:(i) the land to be sold has an area of 10,000 sq. meters;(ii) price is P5 million; and(iii) Mr. Seller shall prepare the deed of sale.With fraudulent intent, Mr. Seller knowing the inadequacies of Mr. Buyer with respect to numbers wrote 1,000 sq. meters instead of 10,000 sq. meters. The sale is
A.	void
B.	voidable but the contract may be reformed
C.	valid but the instrument may be reformed
D.	valid but the contract may be reformed
Answer» D. valid but the contract may be reformed

Discussion

555.	At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?
A.	Grant it because A was of sound mind at the time of death;
B.	Grant it because the subsequent capacity cured the defect of the void will;
C.	Deny probate because the will is void ab initio;
D.	Grant it since the will is extrinsically valid and complete
Answer» D. Grant it since the will is extrinsically valid and complete

Discussion

556.	A called up B that he was selling his house and lot for P10M. Within one (1) hour after B accepted the offer, he invited A for dinner at the Manila Hotel where B paid the dinner in the amount of P5,000.00. They agreed that the P5,000.00 was the downpayment. A receipt for the payment of P5,000.00 for the dinner was issued. When A refused to sell, B sued for specific performance. Is B correct?
A.	B is correct because the contract has been partially executed due to the agreement that the P5,000.00 paid for their dinner constituted the downpayment.
B.	B is not correct since the contract is unenforceable as it was not put to writing.
C.	A is wrong because the contract is unenforceable as there was no payment of the price.
D.	The contract is valid because it has all the elements of a valid contract.
Answer» B. B is not correct since the contract is unenforceable as it was not put to writing.

Discussion

557.	Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell. Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct?
A.	The one with a better right is Buyer No. 2
B.	Mr. Seller has done a double sale.
C.	The one with the better right is the buyer who registers the sale first in good faith.
D.	There is no double sale.
Answer» D. There is no double sale.

Discussion

558.	A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide?
A.	It will declare the will void because there are only two (2) witnesses;
B.	It will declare the will void because the notary public cannot subscribe before himself;
C.	It may grant the probate and consider it a holographic will
D.	It will declare the will extrinsically void.
Answer» D. It will declare the will extrinsically void.

Discussion

559.	Ben pledged his watch to V. Y. Domingo for P5,000. On the due date Ben failed to pay his loan and redeem the watch. The pawnshop sold the watch at public auction to the highest bidder at P4,000.
A.	The pawnshop can recover the deficiency of P1, 000 from Ben.
B.	The pawnshop cannot recover the P1, 000 unless there is a stipulation.
C.	The pawnshop can recover the P1, 000 even without a stipulation.
D.	The pawnshop cannot recover the P1, 000 even if there is a stipulation.
Answer» B. The pawnshop cannot recover the P1, 000 unless there is a stipulation.

Discussion

560.	A is both a Chinese and a Japanese. While in Manila he died leaving properties in the Philippines. Before he died, he was a domicile of Japan. How should Philippine courts adjudicate the successional right to his estate?
A.	In accordance with Chinese law because of the nationality theory;
B.	In accordance with Japanese law because of the nationality theory;
C.	In accordance with the domiciliary law;
D.	In accordance with both laws considering that the Philippines is a third State.
Answer» D. In accordance with both laws considering that the Philippines is a third State.

Discussion

561.	A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?
A.	Deny probate because the will is void as he did not understand the language;
B.	Deny because he could not have written in a language he did not understand;
C.	Grant probate provided that it was explained to him in a language understood by him;
D.	Deny because of the possibility of fraud.
Answer» D. Deny because of the possibility of fraud.

Discussion

562.	No. 1 The mortgagor in a real estate mortgage may sell the property mortgaged despite a prohibition to that EFFECT. No. 2 If there is a balance after the foreclosure sale in a chattel mortgage arising he deficiency cannot be recovered.
A.	Both are true.
B.	Both are false.
C.	No. 1 is false; No. 2 is true.
D.	No. 1 is true; No. 2 is false.
Answer» E.

Discussion

563.	A is indebted to ABC Corporation in the amount of P100M. Despite efforts to collect from A, the latter failed to pay due to business reverses as he has no more assets. In order to maintain a more accurate inventory of the worth of its current assets, ABC Corp. was forced to write-off A s obligation. One (1) year later, A won the lotto draw in the US in the amount of $100M. Learning of the good luck of A, it demanded for payment, but A refused to pay contending that his obligation was extinguished when it was written-off. Is A correct?
A.	A is correct because write-off is a mode of extinguishing an obligation.
B.	A is correct because write-off is a compromise of liability.
C.	A is correct because write-off is a condonation of an obligation.
D.	A is not correct because in making the write-off, only the creditor takes action by removing the uncollectible account from its books even without the approval or participation of the debtor, hence, there is no extinguishment of the obligation. (Reyna, et al. v. COA, G.R. No. 167219, February 8, 2011)
Answer» E.

Discussion

564.	To secure the payment of his obligation, A pledged to his surety C, his car who sold the car after paying the obligation of A. The obligation was P2M but the car was sold for only P1M. Can the surety recover the deficiency?
A.	Yes, otherwise, there would be solution indebiti;
B.	Yes, no law prohibits him from doing so as he is not the direct creditor;
C.	No. In the foreclosure of a pledge, if the price of the sale is less than the indebtedness secured by the pledge, the creditor shall not be entitled to recover the deficiency, notwithstanding any stipulation to the contrary.
D.	Yes, if there is a stipulation.
Answer» D. Yes, if there is a stipulation.

Discussion

565.	Seller wrote Buyer offering to sell his only house for a specified price. The letter was mailed on the same date it was written. Buyer offered to buy the same house for the same price and the letter containing the offer to buy was also mailed on the same date it was written. On the same date and time Seller and Buyer received the letters written to each other.
A.	There is a perfected contract.
B.	There is a perfected contract only when they have orally confirmed their having received the letters written to each other.
C.	There is no contract because the offers were not certain.
D.	There is no contract because there was no acceptance.
Answer» E.

Discussion

566.	Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms:(i) down payment of P500,000;(ii) entire balance is to be paid on December 24, 2004;(iii) a chattel mortgage is to be executed over the car bought or sold in favor of Mr. Seller. If on the due date for the balance, no payment is paid despite demand.
A.	Mr. Seller may foreclose the mortgage on the car and recover any balance if there be a deficiency in the foreclosure sale.
B.	Mr. Seller can foreclose the mortgage on the car but is precluded from recovering any balance.
C.	Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the balance.
D.	Mr. Seller can only cancel or rescind the sale.
Answer» C. Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the balance.

Discussion

567.	Andrea wrote Bernardo a letter offering to sell a piece of land. Andrea gave Bernardo two months within which to pay the price of P500,000. After 50 days Andrea informed Bernardo that she is increasing the price of the land to P700, 000. Can Bernardo compel Andrea to accept the P500,000 first offered and execute the deed of sale?
A.	No, because Bernardo did not signify his acceptance of the offer of P500,000
B.	Yes, because the period of 2 months has not yet expired.
C.	Yes, because Andrea is already estopped by her signed letter.
D.	Yes, because there was actual meeting of minds of the parties.
Answer» B. Yes, because the period of 2 months has not yet expired.

Discussion

568.	A & B are married with children C & D, but were living separately from one another. A got married to E and begot children, F & G. After his death, E, F & G filed a petition for settlement of his estate. B, C &D intervened to claim their share of the estate and contended that since F & G are illegitimate as the marriage of A & E is void, their share is only of the share of the legitimates. Is the contention correct?
A.	The contention of B, C & D that the marriage of A & E is void is not correct because only A & E can question the validity of their marriage.
B.	B, C & D can contest the validity of the marriage of A & E in the settlement of his estate as an exception to the rule due to the law on succession.
C.	There is no use to question the marriage of A & E anymore because it has become moot and academic due to A s death.
D.	The contention of B, C and D is not correct as they should have filed the settlement of estate of A and put up the defense of invalidity of the marriage of A and E if their children would intervene.
Answer» C. There is no use to question the marriage of A & E anymore because it has become moot and academic due to A s death.

Discussion

569.	Which among the properties of the states that could be the subject of prescription in favor of a private person?
A.	agricultural land
B.	forest land
C.	public road
D.	seashore
Answer» B. forest land

Discussion

570.	A sold a car to B on installment basis secured by a chattel mortgage over the thing and a promissory note co-signed by C. A failed to pay four (4) monthly installments. Under the contract in case of non-payment, the vendor can exercise any of the remedies under Art. 1484, NCC and in case of deficiency, the seller can recover the balance. What is the remedy of A?
A.	A can file an action for the foreclosure of the mortgage and recover the unpaid balance because of the contract.
B.	A can foreclose the mortgage and recover the unpaid balance because the Chattel Mortgage Law does not prohibit recovery.
C.	A can foreclose the mortgage but cannot recover the unpaid balance because it is absolutely prohibited by law.
D.	A can foreclose the mortgage and can recover the unpaid balance from C since B & C are solidarily liable.
Answer» D. A can foreclose the mortgage and can recover the unpaid balance from C since B & C are solidarily liable.

Discussion

571.	A, B and C are partners engaged in a retail business. Their contribution is P20, 000.00 each. D is admitted as a new partner with a contribution of P8, 000.00. At the time of his admission, the partnership has an outstanding obligation to E in the amount of P80, 000.00. In this case:
A.	D is not liable to E for this obligation and his P8,000 contribution shall remain with the partnership
B.	D is liable to E for this obligation so that after the assets of the partnership amounting to P68, 000.00 will be exhausted leaving a balance of P12, 000.00, only A, B and C shall be liable jointly or pro rata, out of their separate property.
C.	D is liable to E for this obligation so that after the assets of the partnership will be exhausted, leaving a balance of P12,000.00, all the partners shall be liable jointly or pro rata, including D, out of their separate property.
D.	D will be liable only if he knew of the liability of P80,000 at the time he joined the partnership.
Answer» C. D is liable to E for this obligation so that after the assets of the partnership will be exhausted, leaving a balance of P12,000.00, all the partners shall be liable jointly or pro rata, including D, out of their separate property.

Discussion

572.	Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a birthday gift. Danny readily accepted the gift with profuse gratitude. One month later, they had a serious quarrel; hence, Charlie demanded the return of the watch from Danny. Danny refused to return the watch. What is the nature of this donation?
A.	Valid, because there was intention to donate and delivery by the donor Charlie.
B.	Valid, because there was acceptance and receipt of the donated personal property by the donee Danny.
C.	Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and acceptance were not in writing.
D.	Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance were not in a public instrument.
Answer» D. Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance were not in a public instrument.

Discussion

573.	A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?
A.	It will admit the will to probate because of the doctrine of lex loci celebrationis;
B.	It will not admit the will to probate unless probated first in Canada;
C.	It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)
D.	It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.
Answer» D. It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.

Discussion

574.	Which of the following is false with regard to the prescription on action to quiet title?
A.	If the plaintiff is in possession, the action to quiet title does not prescribe.
B.	If the plaintiff is not in possession, it may prescribe.
C.	Whether the plaintiff is in possession or not, the action to quiet title will prescribe.
D.	none
Answer» D. none

Discussion

575.	In facultative obligations, only one thing is due but the debtor has reserved the right to substitute it with another. Consequently, the loss of the substitute extinguishes the obligation.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

Discussion

576.	A and B are married with a son C who is 19 years old and living in their company. A asked C to drive the family car on their way to their province in Ilocos Norte. The car met an accident resulting in the death of D, a pedestrian. Who may be liable for damages?
A.	C is solely liable because he has already been emancipated hence, liable for all acts of civil life;
B.	A and B because under the law, if a child is 18 and above but below the age of 21 and living in the company of the parents and performs acts or omission causing damage to another, the parents are liable;
C.	A, B and C are solidarily liable;
D.	A only because he is the head of the family.
Answer» C. A, B and C are solidarily liable;

Discussion

577.	On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a specified red car. There was no delivery however, on said date. On June 15, 2000, the garage of the car collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable?
A.	No, because he could plead impossibility of performance due to a fortuitous event even if he is in default.
B.	Yes, because Jose Dizon is in legal delay.
C.	No, because there was no demand and the car was lost through a fortuitous event.
D.	Yes, because there is a perfected contract.
Answer» D. Yes, because there is a perfected contract.

Discussion

578.	Mr. Reyes has a tax liability of P100, 000. In order to evade the payment of the tax liability, he executed a deed of sale of his only parcel of land valued for P100, 000.00 in favor of his brother, Pablo. The deed of sale stated a purchase price of P20, 000.00 but the BIR has evidence that said price had never been paid.
A.	The BIR may not levy upon the land because the sale is valid.
B.	The BIR, without having the sale annulled may levy upon the land of (Mr.Reyes pursuant to the Tax Code.
C.	The BIR should first have the sale annulled before it may levy upon the land pursuant.
D.	The BIR should first have the sale rescinded for lesion to the government.
Answer» C. The BIR should first have the sale annulled before it may levy upon the land pursuant.

Discussion

579.	A & B are married. They have children, C & D. C is married to X and they have children, Y & Z. D is married to S and they have children, T & U. He has likewise an illegitimate child, V. Before A died he executed a will instituting his heirs including V. Can V inherit from A considering that he is an illegitimate child of D?
A.	V cannot inherit because he is an illegitimate child of D.
B.	V cannot inherit despite his institution because of the barrier between the legitimates and the illegitimates.
C.	V can inherit because the iron curtain applies only in cases of intestacy.
D.	V can inherit because the will of A is an act whereby he is given the right to determine his heirs.
Answer» D. V can inherit because the will of A is an act whereby he is given the right to determine his heirs.

Discussion

580.	A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the sale valid?
A.	Yes, because of automatic revocation for failure to comply with the condition;
B.	Yes, because A was exercising a right;
C.	No, because of the absence of automatic revocation clause;
D.	Yes, because he was still the owner at the time of the sale.
Answer» D. Yes, because he was still the owner at the time of the sale.

Discussion

581.	Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount of P100, 000. The debt is secured by a pledge on a ring owned by Mr. Debtor. Which among the following is most likely correct?
A.	If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument.
B.	If the debt is condoned by Mr. Creditor, the pledge is not condoned.
C.	If Mr. Creditor returns the thing pledged to Mr. Debtor, the pledge and the loan are deemed extinguish
Answer» B. If the debt is condoned by Mr. Creditor, the pledge is not condoned.

Discussion

582.	Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.
A.	X can still be prosecuted.
B.	X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.
C.	The probate of the will is res judicata to the prosecution of X.
D.	X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will.
Answer» C. The probate of the will is res judicata to the prosecution of X.

Discussion

583.	A owes money to B evidenced by a PN payable on A s birthday. When A was celebrating his birthday, B put the PN inside an envelope and delivered it to A. What is the effect of B s act?
A.	Nothing as there was no intention to extinguish the obligation;
B.	Nothing as B did not state his intention to condone the obligation;
C.	The delivery of the PN implies the renunciation of the action which B had against A; (Art. 1271, NCC)
D.	Nothing as condonation must be accepted.
Answer» D. Nothing as condonation must be accepted.

Discussion

584.	Negative easement may be acquired by prescription through notarial prohibition.
A.	No, because it is non-apparent.
B.	Yes, because notarial prohibition makes apparent what is non-apparent.
C.	Yes, because it is provided for by law.
D.	Yes, only after 10 years from service of notarial prohibition.
Answer» D. Yes, only after 10 years from service of notarial prohibition.

Discussion

585.	X has a daughter Y. She left for Italy to look for a job and worked there for 10 years but continued to support Y who was left under the custody of A and B. They filed a petition for adoption but did not present evidence of consent of X contending that Y has been abandoned by X. How do you think the court will decide?
A.	It will grant the petition to serve the best interest of the child;
B.	It will grant even without the consent of X due to abandonment;
C.	It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad;
D.	It will grant because having left Y for 10 years is considered as evidence of abandonment.
Answer» D. It will grant because having left Y for 10 years is considered as evidence of abandonment.

Discussion

586.	When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations.
A.	True
B.	False
C.	None of the above
D.	all
Answer» C. None of the above

Discussion

587.	A constructed a building for B. Twenty-five (25) years thereafter, the building collapsed due to lack of necessary repairs resulting in the death of 10 tenants of the building. Who is liable?
A.	the architect
B.	A, the contractor.
C.	the engineer
D.	B.
Answer» E.

Discussion

588.	A was charged with the crime of murder. He was convicted. While in prison, he executed a donation in favor of B which was accepted by B in the same deed of donation. Is the donation valid?
A.	Yes, because it was perfected by the acceptance of B;
B.	Yes, if the donation is mortis causa;
C.	No, if the donation is inter vivos;
D.	Yes, regardless of its nature.
Answer» C. No, if the donation is inter vivos;

Discussion

589.	A and B both Filipinos are married. A was convicted of the crime of murder. They sought your advice whether they can adopt C, a relative by consanguinity of B. What is your advice?
A.	They can adopt C, but must jointly adopt;
B.	They cannot adopt C because A is disqualified because of conviction of a crime invoking moral turpitude;
C.	Since A cannot adopt, B can adopt C alone;
D.	They can jointly adopt C, but prove that it will redound to the best interest of C.
Answer» C. Since A cannot adopt, B can adopt C alone;

Discussion

590.	A is the owner of a parcel of land covered by a TCT No. 1. B stole the title, forged his signature and transferred it under his name. TCT No. 2 was issued under his name. He sold it to C who registered under his name. When returned to the Philippine in 2010, he discovered that his title was transferred to another. Can he recover the same?
A.	Yes, because the title of C is void;
B.	No, because the title of C is valid because he is a buyer in good faith and for value;
C.	No, because even if the title of B is void, a void title can be the root of a valid title if it passes to a buyer in good faith and for value;
D.	Yes, because the title of B being void, it cannot produce a valid title.
Answer» D. Yes, because the title of B being void, it cannot produce a valid title.

Discussion

591.	A & B lived together as husband and wife without the benefit of marriage. For a few months before his death, A was writing his autobiography and stated that he loved B so much and because of that, they decided to live together as husband and wife, but planned to marry. At the time he was writing his autobiography, B was pregnant and he stated in his autobiography that he was the father of the child inside the womb of B. He died without finishing it and failed to sign the same. Two (2) months thereafter, the child C, was born, hence, B sought to register the child under the name of A but the Local Civil Registrar refused, hence, she filed a suit for mandamus to compel the registrar to register the child under A s name. She testified as narrated above; D, the father of A testified that during the lifetime of A he lived with B and she was pregnant at that time. E the brother of A likewise testified along the same line. Is the action of B correct?
A.	The child cannot be registered under A s name because the autobiography was not signed.
B.	The child cannot be registered under A s name otherwise, it would be easy for a woman to vest legitimate status upon a child even if he is illegitimate.
C.	The child can be registered under A s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E.
D.	The child cannot be registered under A s name because an unsigned document is not evidence of recognition.
Answer» D. The child cannot be registered under A s name because an unsigned document is not evidence of recognition.

Discussion

592.	Mr. Debtor owes fifteen (15) persons substantial amounts of money. His financial situation indicates that his liabilities for exceed his assets. If Mr. Debtor cedes or assigns his properties to his creditors,
A.	The creditors acquire ownership of the properties assigned or ceded.
B.	The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor is deemed paid regardless of whether or not the net proceeds are equal to or less than the amount of the indebtedness.
C.	The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor shall only be released to the extent of the net proceeds of the sale.
D.	The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned.
Answer» D. The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned.

Discussion

593.	Samson, the son of a wealthy family has always claimed that since childhood, he was not a boy. He played with the girls and did not mingle with the boys. After finishing his course at a university in the Philippines, he went to the US to take up his masteral and doctorate degrees. He consulted several doctors of the possibility of sex transmission from that of male to that of a female. The sex transmission was done in Thailand and which was certified as successful by a medical expert in Manila, hence, he claimed to be a woman. He filed a petition for correction of entry of his record of birth from male to female and his name from Samson to Delailah as he was marrying his fianc . The lower court granted the petition. Is the order of the court correct?
A.	The order is correct because it is the right to a person to choose his/her gender.
B.	The order is correct because a person s status can be changed thru the intervention of medical science due to the advances in science and technology.
C.	The order is correct as there would be no adverse effects, but rather, it would redound to the benefit of Samson.
D.	The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one s name.
Answer» E.

Discussion

594.	A built his house on his lot up to the boundary line and opened windows with direct view over the lot of B. Twenty (20) years later, B built his house up to the boundary line of his lot, hence, A filed a complaint enjoining B from building his house up to the boundary contending that he has acquired the easement of light and view by prescription and that B cannot build less than 3 meters from the boundary. Is A correct?
A.	Yes, because of prescription and laches;
B.	No, because there was no formal prohibition by means of an instrument acknowledged before a notary public prohibiting B from obstructing his easement of light and view;
C.	No, because A did not observe the 2-meter distance between the windows since the view is direct and the lot of B (Non-observance of the distances does not give rise to prescription.)
D.	Both B and C.
Answer» E.

Discussion

595.	A raped and killed a minor girl. He was convicted after trial. He can be held liable for exemplary damages. What is the basis?
A.	The basis of the award of exemplary damages is found solely in Article 2230, NCC;
B.	Exemplary damages can only be awarded if there is more than one (1) aggravating circumstances;
C.	Exemplary damages can also be awarded where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender and to set a public example, to serve as deterrent to elders who abuse and corrupt the youth and to protect the latter from sexual abuse.
D.	The existence of aggravating circumstances.
Answer» D. The existence of aggravating circumstances.

Discussion

596.	Can a criminal convicted of a crime which carries civil interdiction execute his will?
A.	Yes, it is his statutory right.
B.	No, it is an accessory penalty.
C.	Yes, it only prohibits disposition of property inter vivos, not mortis causa.
D.	No, it is inconsistent with public policy.
Answer» D. No, it is inconsistent with public policy.

Discussion

Explore topic-wise MCQs in Uncategorized topics.

A, B and C inherited a real property from their father. Subsequently, knowing that he is the co-owner of the said property, A mortgaged the same to D. For failure to pay, D foreclosed the same.

Mr. X executed a chattel mortgage over his house and lot to Mr. Y. When the obligation became due, Mr. X did not pay despite demand.

At the time A executed his will there was a pronouncement that he was insane. A week after he died, but he was already of sound mind. If the will is submitted to probate, how do you think the court will decide?

Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell. Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct?

A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide?

Ben pledged his watch to V. Y. Domingo for P5,000. On the due date Ben failed to pay his loan and redeem the watch. The pawnshop sold the watch at public auction to the highest bidder at P4,000.

A is both a Chinese and a Japanese. While in Manila he died leaving properties in the Philippines. Before he died, he was a domicile of Japan. How should Philippine courts adjudicate the successional right to his estate?

A executed a will in English, but did not understand the language. If the will is submitted to probate, how do you think the court will decide?

No. 1 The mortgagor in a real estate mortgage may sell the property mortgaged despite a prohibition to that EFFECT. No. 2 If there is a balance after the foreclosure sale in a chattel mortgage arising he deficiency cannot be recovered.

To secure the payment of his obligation, A pledged to his surety C, his car who sold the car after paying the obligation of A. The obligation was P2M but the car was sold for only P1M. Can the surety recover the deficiency?

Which among the properties of the states that could be the subject of prescription in favor of a private person?

A, B and C are partners engaged in a retail business. Their contribution is P20, 000.00 each. D is admitted as a new partner with a contribution of P8, 000.00. At the time of his admission, the partnership has an outstanding obligation to E in the amount of P80, 000.00. In this case:

A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?

Which of the following is false with regard to the prescription on action to quiet title?

In facultative obligations, only one thing is due but the debtor has reserved the right to substitute it with another. Consequently, the loss of the substitute extinguishes the obligation.

A and B are married with a son C who is 19 years old and living in their company. A asked C to drive the family car on their way to their province in Ilocos Norte. The car met an accident resulting in the death of D, a pedestrian. Who may be liable for damages?

On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a specified red car. There was no delivery however, on said date. On June 15, 2000, the garage of the car collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable?

A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the sale valid?

Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount of P100, 000. The debt is secured by a pledge on a ring owned by Mr. Debtor. Which among the following is most likely correct?

Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.

A owes money to B evidenced by a PN payable on A s birthday. When A was celebrating his birthday, B put the PN inside an envelope and delivered it to A. What is the effect of B s act?

Negative easement may be acquired by prescription through notarial prohibition.

When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations.

A constructed a building for B. Twenty-five (25) years thereafter, the building collapsed due to lack of necessary repairs resulting in the death of 10 tenants of the building. Who is liable?

A was charged with the crime of murder. He was convicted. While in prison, he executed a donation in favor of B which was accepted by B in the same deed of donation. Is the donation valid?

A and B both Filipinos are married. A was convicted of the crime of murder. They sought your advice whether they can adopt C, a relative by consanguinity of B. What is your advice?

Mr. Debtor owes fifteen (15) persons substantial amounts of money. His financial situation indicates that his liabilities for exceed his assets. If Mr. Debtor cedes or assigns his properties to his creditors,

A raped and killed a minor girl. He was convicted after trial. He can be held liable for exemplary damages. What is the basis?

Can a criminal convicted of a crime which carries civil interdiction execute his will?