Explore topic-wise MCQs in Uncategorized topics.

This section includes 596 Mcqs, each offering curated multiple-choice questions to sharpen your Uncategorized topics knowledge and support exam preparation. Choose a topic below to get started.

51.

Which among the following is not an essential element of an obligation?

A. Active and passive subjects.
B. Form of the obligation
C. Prestation
D. Juridical tie
Answer» C. Prestation
Discussion
52.

Which of the period in the following cases is intended for the benefit of the debtor?

A. Payable on December 31, 2006
B. Payable before December 31, 2006
C. Payable on or before December 31, 2006
D. All of the above
Answer» C. Payable on or before December 31, 2006
Discussion
53.

Which is not an element of Novation?

A. The new obligation is laid down in unequivocal terms
B. The new and the old obligations must be on every point incompatible with the other
C. Each of the obligations must have its independent existence
D. If they are compatible, the new obligation novates the first
Answer» E.
Discussion
54.

Which of the following is not a form of an equitable mortgage?

A. The consideration has been proven to be unusually inadequate
B. The supposed vendor has remained in the possession of the property even after the execution of the instrument
C. The alleged seller has continued to pay the estate taxes on the property
D. The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them
Answer» E.
Discussion
55.

A debtor shall lose every right to make use of the period when he attempts to abscond.

A. True
B. False
C. None of the above
D. all
Answer» B. False
Discussion
56.

When do laws take effect?

A. Upon approval by the President;
B. After 15 days following the publication in the Official Gazette or in a newspaper of general circulation;
C. After 15 days following its posting in the website of Congress considering the advances in science and technology;
D. After 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation and furnishing the UP Law Center with a copy unless it is otherwise provided.
Answer» E.
Discussion
57.

Suppose the reservista is survived by the uncles and aunts and by the nephews and nieces of the propositus, who shall be entitled to the property reserved? Choose the best answer.

A. The uncles and aunts shall inherit the property
B. The nephews and nieces of the decedent survive and are willing and qualified.
C. The uncles and nephews shall inherit together.
D. The aunts and nieces shall inherit together.
Answer» C. The uncles and nephews shall inherit together.
Discussion
58.

While Mr. P was walking along a busy street, he slumped and suffered from symptoms of a heart attack, and lost consciousness. Mr. D, a heart specialist saw what happened and through his expertise saved the life of Mr. P. If sued for Mr. D s services.

A. Mr. P must pay on the basis of an implied contractual relationship.
B. Mr. P must pay under a quasi-contract.
C. Mr. P has no obligation to pay because he did not ask for Mr. D s services.
D. Mr. P has no obligation to pay because the services of Mr. D can be construed as a voluntary act and hence, a donation.
Answer» C. Mr. P has no obligation to pay because he did not ask for Mr. D s services.
Discussion
59.

A owns a house and lot which is made of concrete materials. A then sold it to B for purposes of demolition. How do you classify the house?

A. Personal property because it is subject of a contract of sale.
B. Immovable property because by reason of immobilization by destination.
C. Immovable because under Article 415 of the Civil Code, everything attached to an immovable property in a fixed manner in such way that it cannot be separated therefrom without breaking the material falls under immovable property.
D. It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials.
Answer» E.
Discussion
60.

X and Y are married. The marriage was contracted under articulo mortis, and the testator died within 3 months from the time of marriage. What is X s share of his spouse s inheritance? Choose the best answer.

A. The surviving spouse shall inherit the whole hereditary estate.
B. The surviving spouse shall inherit of the estate.
C. The surviving spouse shall inherit 1/3 of the estate.
D. The surviving spouse shall inherit of the estate.
Answer» D. The surviving spouse shall inherit of the estate.
Discussion
61.

X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his inheritance from his father. Upon X s death, will the right of accretion apply?

A. Yes, A may renounced his inheritance from his father.
B. Yes, the right of accretion applies.
C. No, because the renunciation is vo
Answer» C. No, because the renunciation is vo
Discussion
62.

A repudiated his inheritance from his father. Can he be represented by his son, B?

A. Yes, repudiation do not affect right of representation.
B. No, because heirs who repudiate their share may not be represented.
C. Yes, because the act of repudiation is contrary to public policy.
D. None of the above.
Answer» C. Yes, because the act of repudiation is contrary to public policy.
Discussion
63.

In case of roots of a neighboring tree intruded to the state of another, the neighboring owner has the right to cut it off.

A. Yes, only after his demand for the cutting is ignored.
B. Yes, because he owns the roots that intruded at his property.
C. No, without permission from the owner of the tree.
D. Yes, only after 10 years of prescription.
Answer» C. No, without permission from the owner of the tree.
Discussion
64.

What law shall determine the validity of a will?

A. The national law of testator
B. The law at the time it is made
C. The law at the time of probate of the will
D. The law at the time of death of the testator
Answer» C. The law at the time of probate of the will
Discussion
65.

If a compulsory heir is disinherited, is it limited to his legitime?

A. No, it also covers the free portion.
B. Yes, it is limited only to his legitime.
C. Disinheritance affect only the free portion but not the legitime
D. None of the above.
Answer» B. Yes, it is limited only to his legitime.
Discussion
66.

Rights to succession are transmitted:

A. On date of last will and testament
B. On probate of will
C. On death of testator
D. On date of death of surviving heir
Answer» D. On date of death of surviving heir
Discussion
67.

Which of the following is most likely incorrect?

A. Mr. D promised to deliver to Mr. C 100 bottles of Japanese red wine of a specified brand. Without the knowledge of Mr. D, production of the wine had been stopped. Despite earnest efforts, Mr. D could only deliver ninety (90) bottles. Mr. O s obligation is deemed fulfilled.
B. In the immediately preceding letter (a), Mr. D could recover as though there had been a delivery of 100 bottles.
C. Mr. D promised to deliver 100 sacks of a certain type of rice. He delivered only 90 sacks but the obligee did not object to the incomplete delivery. The obligation may be deemed fully perform
Answer» C. Mr. D promised to deliver 100 sacks of a certain type of rice. He delivered only 90 sacks but the obligee did not object to the incomplete delivery. The obligation may be deemed fully perform
Discussion
68.

A holographic has no date except one found on the first page, is the will valid?

A. Yes, because the law does not specify the place where the date should be placed.
B. No, because the date should be after the signature of the testator.
C. No, because it did not follow the requirements of law.
D. Yes, because the intention of the testator must be respected.
Answer» B. No, because the date should be after the signature of the testator.
Discussion
69.

In case a holographic will is lost, can it still be probated?

A. No, because the best and only evidence of the handwriting is the will itself.
B. No, the probate court has no jurisdiction.
C. No, because the testator is still living.
D. Yes, because secondary evidence may be presented.
Answer» B. No, the probate court has no jurisdiction.
Discussion
70.

When is the capacity of the testator considered?

A. At the time of the probate of the will;
B. At the time of the death of the testator;
C. At the time of the execution of the will;
D. At the time of the allowance of the will.
Answer» C. At the time of the execution of the will;
Discussion
71.

For civil purposes, a fetus may be considered born if:

A. it had an intra-uterine life of 8 months but is dead upon delivery.
B. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery.
C. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb.
D. it was aborted on request of or with permission from the father to save the life of the mother.
Answer» C. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb.
Discussion
72.

Are growing crops real property?

A. Yes, for the purpose of civil law
B. No, for the purpose of criminal law
C. No, for the purpose of commercial law
D. All of the above
Answer» D. All of the above
Discussion
73.

Under a contract of guaranty, may the benefit of excussion be waived?

A. Yes, a person may waive the benefit of excussion especially when the contract states that his liability shall be direct and immediate without any need to take steps to exhaust legal remedy
B. No, the benefit of excussion cannot be waived; it is expressly provided that the creditor must first exhaust all the properties of the debtor. The benefit of excussion serves to protect the guarantor from unscrupulous debtors
C. Yes, the benefit of excussion may be waived provided the person owning such benefit, has sufficient properties to cover the debt
D. No, it may not be waived by reason of public policy and commercial convenience
Answer» B. No, the benefit of excussion cannot be waived; it is expressly provided that the creditor must first exhaust all the properties of the debtor. The benefit of excussion serves to protect the guarantor from unscrupulous debtors
Discussion
74.

Mr. J constructed a basketball court at the middle of the street, may Mr. J be charged criminally in court? .

A. No. because the remedy is only destruction or removal
B. No, because the case is inlay civil in nature
C. Yes, provided that the basketball court be declared first as a public nuisance
D. Yes, provided that Mr. J did not pay any permit to the local government
Answer» D. Yes, provided that Mr. J did not pay any permit to the local government
Discussion
75.

Consent in a contract is manifested by any of the following acts, except:

A. Delivery of downpayment;
B. Delivery of earnest money;
C. Delivery of option money;
D. Delivery of a letter accepting the offer with qualification.
Answer» E.
Discussion
76.

Patrimonial Property of the State refers to

A. those no longer intended for public use and public service
B. those no longer intended for public good and public welfare
C. those actually possessed, occupied or utilized by indigenous cultural minorities by themselves or through their ancestors
D. none
Answer» C. those actually possessed, occupied or utilized by indigenous cultural minorities by themselves or through their ancestors
Discussion
77.

The document issued by the government agency concerned stating that mineral resources project under consideration will not bring about an unacceptable environmental impact and that the proponent has satisfied the requirements of the environmental impact system is called

A. Environmental Compliance Certificate (ECC)
B. Environmental Impact Statement (EIS)
C. Joint Venture Agreement (JVA)
D. Mineral Resource EDUC Certification
Answer» C. Joint Venture Agreement (JVA)
Discussion
78.

A Torrens Title is not a protection in alluvium?

A. No, because a land covered by Torrens Title is not subject to prescription.
B. No, for economic reason.
C. Yes, because the soil added cannot be identifi
Answer» D.
Discussion
79.

In land registration cases, the government is always represented by whom?

A. By the Office of the City Prosecutor.
B. By the Office of the Solicitor General.
C. By a private counsel hired for that matter.
D. By the Register of Deeds.
Answer» C. By a private counsel hired for that matter.
Discussion
80.

In formation of an island, the owner of the nearest margin/distance is the owner of the new island?

A. Because of the principle that accessory follows the principal.
B. Because of the express provision of laws.
C. Only if the river is floatable or navigable.
D. Only if the river is non-floatable or non-navigable.
Answer» E.
Discussion
81.

In land registration cases, the court may acquire jurisdiction only after:

A. Service of summons to the respondents/defendants.
B. After trial of the case.
C. Upon filing of the petition/complaint.
D. Upon publication.
Answer» E.
Discussion
82.

Donation is both an act and a contract.

A. No, because it is an act of man only.
B. No, because there is no exchange of value.
C. Yes, because it is a gratuitous contract.
D. No, because it is not part of Obligation and Contract of New Civil Code.
Answer» D. No, because it is not part of Obligation and Contract of New Civil Code.
Discussion
83.

Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself?

A. No, because there is no force upon person.
B. Yes, if there is force upon thing.
C. Yes, like in prescription.
D. Yes, because the owner lost only physical possession.
Answer» E.
Discussion
84.

Donation of the same thing to two or more persons shall be governed by the rule on double sale?

A. No, because they are of different contracts.
B. No, because they are covered by different chapters of the New Civil Code.
C. Yes, because both acts transfer ownership.
D. No, because in donation there is no exchange of value.
Answer» D. No, because in donation there is no exchange of value.
Discussion
85.

Which of the following is not included in the attributes of juridical capacity?

A. Juridical Personality is inherent in every natural person, and therefore it is not acquired.
B. Juridical capacity is lost only through death
C. Juridical capacity can be limited or restricted
D. Juridical capacity cannot exist without capacity to act
Answer» E.
Discussion
86.

The Civil Code of the Philippines took effect on:

A. August 30, 1951
B. June 30, 1950
C. August 30, 1950
D. June 30, 1949
Answer» D. June 30, 1949
Discussion
87.

The benefit of exclusion is available in a contract of

A. guarantee
B. suretyship
C. pledge
D. antichresis
Answer» B. suretyship
Discussion
88.

Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. Which of the following constitutes an offer?

A. an definite offer made through an agent
B. business advertisement of things for sale
C. advertisements for bidders
D. a declaration of an intent to sell.
Answer» B. business advertisement of things for sale
Discussion
89.

Occupation is:

A. A derivative mode of acquiring ownership
B. An original mode of acquiring ownership
C. Not a mode of acquiring ownership
D. None of the above
Answer» D. None of the above
Discussion
90.

After the probate of a will, may a case for forgery be filed against an instituted heir?

A. No, because the probate of the will is an evidence of its due execution and authenticity.
B. No, because the probate of the will is a justifying circumstance.
C. Yes, because a forgery is a criminal action.
D. Yes, because this is a statutory right.
Answer» B. No, because the probate of the will is a justifying circumstance.
Discussion
91.

Preterition or omission of one, some, or all the compulsory heirs, or some of compulsory heirs in the direct line whether living at the time of the execution of the will or born after the death of the testator shall:

A. Make the will voidable
B. Make the will void
C. Annul the institution of heirs
D. Make the will unenforceable
Answer» D. Make the will unenforceable
Discussion
92.

Disposition captatoria means that the heir shall make provisions in his will:

A. In favor of another heir
B. In favor of testator or any other person
C. In favor of the state
D. In favor of a legatee
Answer» C. In favor of the state
Discussion
93.

When an injury or damage is caused to another, there being fault or negligence and there is no pre-existing contractual relation between the parties, the source of the obligation is:

A. Law
B. Contracts
C. Quasi-contracts
D. Quasi-delicts
Answer» E.
Discussion
94.

The bailee has the right to be reimbursed in full for advances he made for extraordinary expenses of preservation of the subject matter in commodatum.

A. he gave notice to the bailor before he incurred the expense.
B. if the extraordinary expense arose out of the actual use of the thing.
C. if the bailee was negligent in the use of the thing borrow
Answer» B. if the extraordinary expense arose out of the actual use of the thing.
Discussion
95.

What are the objectives of Probate proceedings?

A. Probate proceedings seek to establish the identity of the will, its genuineness and due execution, and the testamentary capacity of the testator.
B. Probate seeks to determine whether the will is formally valid.
C. Probate seeks to determine whether the will is intrinsically val
Answer» C. Probate seeks to determine whether the will is intrinsically val
Discussion
96.

The borrower in a contract of loan or mutuum must pay interest to the lender.

A. if there is an agreement in writing to that effect.
B. as a matter of course.
C. if the amount borrowed is very large.
D. if the lender so demands at the maturity date.
Answer» B. as a matter of course.
Discussion
97.

This party in a reserva troncal is the descendant (brother or sister) whose death gives rise to the reserve and from whom therefore the third degree is counted is known as:

A. Origin
B. Propositus
C. Reservista
D. Reservatorios
Answer» C. Reservista
Discussion
98.

A has a son B and the latter adopted C. B predeceased his father. Can C represent B in the inheritance of A?

A. Yes, he is a compulsory heir.
B. Yes, he is the legal representative.
C. No, there is no blood relationship between A and C.
D. No, he is a voluntary heir.
Answer» D. No, he is a voluntary heir.
Discussion
99.

X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After X s death and the probate of his will, are the conveyed properties subject to collation for determination of the heirs legitime?

A. No, because X is no longer the owner of the conveyed properties.
B. No, because there was no gratuitous conveyance.
C. Yes, because the heirs are already the owners of the conveyed properties.
D. Yes, they are considered advanced legitime.
Answer» C. Yes, because the heirs are already the owners of the conveyed properties.
Discussion
100.

A is the owner of a car driven by B. While on his way to fetch A at his office, the motor vehicle met an accident resulting in the death of C, a pedestrian. He was sued for imprudence resulting in homicide and convicted with civil indemnity in the amount of P500,000.00. Who may be liable for the amount of damages?

A. Only B is a liable.
B. A & B are solidarily liable if A cannot prove the diligence of a good father of a family in the selection and supervision of B.
C. A is subsidiarily liable in case of insolvency of B.
D. A cannot be liable because he was not a party to the criminal action, otherwise, he would be deprived of the right to due process.
Answer» D. A cannot be liable because he was not a party to the criminal action, otherwise, he would be deprived of the right to due process.
Discussion