A killed B. After trial A was convicted of the crime of murder and the court imposed the penalty of reclusion perpetua. Which amount of civil indemnity may be awarded by the court?

P150,000.00, the actual earnings of B.

A was one of the passengers of a vessel of Sulpicio Lines that sank resulting in the death of hundreds of passengers including A. The heirs of A filed an action for damages praying for compensatory, exemplary, moral damages. The brothers and sisters intervened and prayed for moral damages. Are they correct?

The brothers and sisters of A are entitled to moral damages because of the injury suffered by them due to the act or omission of Sulpicio which was the proximate cause of A s death.

Yes, the brothers and sisters of A are entitled to moral damages because of the mental anguish they suffered by reason of A s death;

Yes, the brothers and sisters of A are entitled because the law provides that moral damages may be recovered in the following and analogous cases, they being collateral relatives who are entitled to inherit;

No, only the spouse, legitimate and illegitimate descendants and ascendants of A are entitled to an award of moral damages;

The brothers and sisters of A are entitled to moral damages because of the injury suffered by them due to the act or omission of Sulpicio which was the proximate cause of A s death.

Which is not a proof of filiation?

Revoked will containing recognition of a child.

Record of birth duly signed by the father.

Unprobated will which contains recognition of a child.

Revoked will containing recognition of a child.

A promised marriage to B, a gainfully employed girl. Before the marriage, they agreed that B would resign from the job, hence, a week before the date set for the wedding, B resigned, but A did not comply with the promise of marriage. B sued A for damages. Is A liable for damages?

A is not liable because it is his right to back out from the wedding.

A is not liable because mere breach of promise to marry is not an actionable wrong.

A is liable because there was an act independent of the breach of promise to marry.

A is not liable because it is his right to back out from the wedding.

A is not liable because it was voluntary for B to resign and that she is presumed to take care of her own concerns.

A is an owner of a horse. He asked B to take care of it while reviewing for the Bar Exams. After the examination, he went to B to get back the horse but as he got near the horse, he was kicked by the horse on his face resulting in his blindness. He sued B for damages. Is B liable for damages?

A is not entitled to an award of damages because the injury is self-inflicted being the owner of the house.

B is not liable because of a force majeure.

B is liable because at the time A was injured B was in possession of the horse.

A is not entitled to an award of damages because the injury is self-inflicted being the owner of the house.

A is not entitled to damages because of his own negligence.

A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month died due to a vehicular accident. During the trial of the case filed by his heirs, the latter failed to produce his income tax returns as he never filed the same with the BIR and yet, they were claiming for damages due to unearned income. Is the defendant liable?

The defendant is liable because testimonial evidence is sufficient to prove the unearned income.

The defendant is not liable for the unearned income as there was no documentary evidence to prove the same.

The defendant is liable because testimonial evidence is sufficient to prove the unearned income.

The defendant is liable because the law automatically provides for liability in case of death.

The defendant is liable as it is the natural consequence of his wrongful act.

A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C s father. He pointed the gun to D, squeezed the trigger and killed D. The petition was granted on January 10, 2011. Who may be liable?

The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.

The parents of D can sue A & B for damages.

The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.

The parents of D can sue A & B, X & Y for damages who are solidarily liable.

The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained.

A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C s father. He pointed the gun to D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who are liable?

The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.

The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident.

The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.

The parents of D can sue A & B, X & Y for damages who are solidarily liable.

The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained.

X is the owner of a domesticated dog. He left it at his compound while at work. Y, a neighbor threw stone at the dog, trying to play with it as he used to do. The dog was hit, hence, it jumped from the compound of X and went after Y who got injured when he fell while running away from the dog. Is X liable for damages?

X is liable as owner/possessor of the dog.

X is not liable because of force majeure.

X is not liable because of Y s fault for throwing stones at the dog.

X is liable but the court will temper the award of damages due to contributory negligence of Y.

A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct?

B is correct because with the continuous use of the easement, prescription lied.

B is correct because possession of a parcel of land for ten (10) years in good faith will ripen to ownership.

B is correct because of laches.

B is wrong because an easement of right of way cannot be acquired by prescription as while it is apparent it is not however not continuous.

B is correct because with the continuous use of the easement, prescription lied.

ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of a radio station verbally attacked the corporation hence, the latter sued him for damages. Is the school entitled to moral damages?

X, the commentator can interpose the defense of truth.

ABC Corp. is not entitled to moral damages because it has no nervous system to feel the wounded feelings and besmirched reputation.

ABC Corp. is entitled to moral damages because it has a personality that can be maligned, tarnished or demeaned;

X, the commentator can interpose the defense of truth.

No, because it cannot suffer sleepless nights.

X and Y entered into a contract of sale over a parcel of land with an area of 4,000 square meters more or less. When the title was issued, it was 14,475 sq. meters. The buyer contended that he owned the whole lot of 14,475 sq. meters as it was sold in lump sum, hence, the seller should deliver the whole lot. Is the buyer correct?

The seller can be required to deliver the 14,475 sq. meters because the numerical data are not the sole gauge of unreasonableness of the excess or deficiency in area.

The buyer is correct because in sale in lump sum, the whole property is sold regardless of the area;

The seller can be compelled to deliver the 14,475 sq. meters because it is covered by the phrase more or less ;

The seller cannot be compelled to deliver the 14,475 sq. meters because the phrase more or less covers only a reasonable excess deficiency;

The seller can be required to deliver the 14,475 sq. meters because the numerical data are not the sole gauge of unreasonableness of the excess or deficiency in area.

A & B had an agreement for A to use B s property as a right of way. Five (5) years later, an adequate outlet was opened to a highway near A s property, hence, B filed an action to cancel the encumbrance of voluntary easement of right of way. The RTC granted. The CA may rule that:

the RTC is correct especially so that the dominant estate has been sol

the RTC is correct because A has no more use of the easement.

the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties.

the RTC is correct especially so that the dominant estate has been sol

A & B entered into an oral contract of sale of A s car worth P4.5M where the object was supposed to be delivered upon payment of the price. When A went to B s house to pay the price, the latter refused to sell hence, a complaint for specific performance was filed by A. will the complaint prosper?

The complaint will prosper because a contract can be valid in whatever form it may be entered into.

The complaint will not prosper because the contract is not enforceable as it is not in writing.

The complaint will prosper because a contract can be valid in whatever form it may be entered into.

The complaint will not prosper because the contract is void as it was not put into writing.

The complaint will prosper because of the principle of mutuality of contracts.

A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision property being developed by XYZ Corporation. He did not know the exact location of the lot, hence, he consulted the developer who pointed to a lot, hence, he constructed his house. It turned out that it was another lot covered by TCT No. 124. Is A a builder in good faith?

A is a builder in bad faith because he should have known the boundaries of his property and the location of the same.

A is a builder in bad faith because he has a title over his property.

A is a builder in good faith because, not being an expert he relied on the representation of the developer.

A is a builder in bad faith because he should have known the boundaries of his property and the location of the same.

A is a builder in bad faith because of his negligence in not asking a geodethic engineer to determine the exact location of his property.

The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot belonging to Mr. P for non-payment of tax. A was the highest bidder. P was not able to redeem his property, hence, a title was issued in favor of A. He filed a motion for the issuance of a writ of possession over the house and lot. What is the right of Mr. P?

A does not have to pay the value of the house because when he became the owner of the land, he became the owner of the accessory which is the house.

A has to pay the value of the house because P is a builder in good faith.

A has to pay the value of the house of P considering that when he moved for a writ of possession over the lot and the house, he appropriated P s house.

A does not have to pay the value of the house because when he became the owner of the land, he became the owner of the accessory which is the house.

A does not have to pay the value of the house because the sale of the lot implies the sale of the house.

Jennifer was born an intersex and registered as a female. As she was growing up, there was no development of her female sexual organ and her breast. But there was more development of her male organ, hence, she filed a petition for correction of entries in her record of birth from female to male and to change her name from Jennifer to Johnny. Will the petition prosper?

The petition to change her name cannot be granted because to change one s name is a matter of privilege.

The petition cannot be granted because corrections sought are material entries.

The petition can only be granted through an adversarial proceeding.

The petition can be granted because if a person was born an intersex, he/she can choose his/her sex when he/she reaches the age of majority because what he/she thinks and feels is what he/she is when she/he reaches the age of majority.

The petition to change her name cannot be granted because to change one s name is a matter of privilege.

In 1986, A, a married woman file a petition for adoption of C which was granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of the Family Code requiring that the husband and wife must jointly adopt and the retroactive provision of the Family Code under Article 256. How do you think the court will decide?

It will deny the petition because of the doctrine of immutability of judgment.

It will grant the petition because the law is mandatory with the use of the word must ;

It will grant the petition because of the retroactivity of the law;

It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)

It will deny the petition because of the doctrine of immutability of judgment.

A, a Russian citizen married B, a Filipina. A divorced B who came back to the Philippines and filed a petition for recognition of the foreign decree of divorce. It was recognized but the RTC of Manila found that A is not capacitated to remarry. Can B get married?

Yes, because the decree of divorce severed her marital relationship with A;

No, because despite the divorce, A s national law does not give him the capacity to remarry;

Yes, because Philippine law cannot govern the capacity of a foreigner to remarry.

Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Hence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their conjugal partnership, and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire properties through his own efforts. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo?

Yes, because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana.

Yes, because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry.

Yes, because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana.

No, because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries.

No, because there was an agreement between the parties to voluntarily dissolved their conjugal partnership.

Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. By virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. The said contract of sale was executed before the vice consul of the Philippines in Singapore. Under the laws of Singapore, the sale of a real property by an agent without a special power of attorney is valid. Shantung Company filed a suit for the annulment of the contract of sale on the ground that Magdalene has no authority to sell the property. If you were the judge, which of the following courses of action should you take?

Dismiss the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are executed.

Dismiss the action for annulment on the ground that the property subject of the case is located in Singapore, thus, the law of Singapore shall govern.

Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are execut

A has been using the name Pedro since birth although his record of birth shows that his name is Juan. He is now 25 years old and about to take the Bar Exams. How can he use the name Juan when he will take the Bar Exams?

He can just use it with an affidavit that Pedro and Juan refer to one and the same person;

He has to file a petition for change of name;

He can go to the Local Civil Registrar and file an administrative petition for change of name;

He can just use it with an affidavit that Pedro and Juan refer to one and the same person;

He cannot change his name because of lapse of time.

A and B lived together as husband and wife. A brought B to the hospital, and paid for the expenses in the birth of C. When the nurse asked B who was the father of the child, she mentioned the name of A but did not sign the record of birth of C. Can the record of birth be admissible in evidence as proof of filiation?

Yes, to protect the status of the child;

Yes, because of the acts of A, thus, he is estopped;

No, because otherwise it would be easy for a woman to vest legitimate status upon a child even if the latter is illegitimate;

Yes, to protect the status of the child;

Debtor owes Creditor P20, 000. On the due date of the obligation, Debtor could not pay. Debtor instead offered his TV set worth P20,000 in payment of the obligation. Creditor agrees.

There is no payment because the debt may only be discharged by the delivery of legal tender.

There is payment pursuant to a facultative obligation because of a substitution.

There is dation in payment or dacion en pago.

X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?

No more because it has already prescribed.

Yes, because the probate of a will is imprescriptible as it is mandated by public policy.

No more because it has already prescribed.

Yes because they cannot extrajudicially settle the estate due to the existence of a will.

Mr. Debtor owes Mr. Creditor as follows: P10, 000 due February 5; P10, 000 due March 5 and P10, 000 due April 5, all during the current year. Mr. Debtor has only P10, 000 and cannot pay all his obligations. If Mr. Debtor decides to pay P10, 000, the amount shall apply:

To the debt due on February 5 being the oldest debt.

To the debt chosen by Mr. Creditor.

To the debt chosen by Mr. Debtor.

To the debt due on February 5 being the oldest debt.

To the debt due on April 5 if it is an interesting obligation.

Mr. Debtor owes Mr. Creditor P100, 000. On the due date, Mr. Debtor delivers a cashier s check for the full amount. Mr. Creditor refuses to accept the check.

The creditor may be considered in mora accipiendi.

Debtor may make a consignation by depositing the amount due with any bank and in the name of Mr. Creditor.

Mr. Debtor may make a consignation by depositing the amount due at the disposal of judicial authorities before whom the tender of payment shall be proved in a proper case.

Mr. Debtor has no legal basis for making a consignation.

The creditor may be considered in mora accipiendi.

Debtor owes Creditor P500,000. The debt is secured by a chattel mortgage on Debtor s car. On the due date of the obligation, Creditor is paid by Third Person who has no interest in the obligation either as guarantor or surety. There is likewise no stipulation as to Third Person s right to pay.

Same as letter b except that Third Person may not foreclose the mortgage on Debtor s car, unless Creditor consents.

If Third Person pays without the knowledge or against the will of Debtor, Third Person may recover P500, 000 from Debtor even if the debt had been condoned to the extent of .

If Third Person pays with the Debtor s knowledge and consent, Third Person may recover P500, 000 from Debtor even if the debt had been condoned to the extent of . If Debtor fails to pay, Third Person may foreclose the mortgage on Debtor s car.

Same as letter b except that Third Person may not foreclose the mortgage on Debtor s car, unless Creditor consents.

Same as letter b except that Third Person may not foreclose the mortgage on Debtor s car because the mortgage was exclusively constituted in Creditor s favor.

A & B, without the benefit of marriage lived together as husband and wife. They had no legal impediment to marry one another. A was engaged in business. B was at home taking care of their children and the household chores and helping A once in a while in the business but without any compensation. If the relationship ends, is B entitled to a share?

B is not entitled to a share of the properties because she never contributed to the common fun

A & B are governed by the law on co-ownership that they are entitled to a share of 50-50 over the properties acquired during their coverture.

They are governed by a special form of co-ownership that even if she did not contribute materially to the acquisition of the properties, she is entitled to because of the presumption of equal contribution.

B is not entitled to a share of the properties because she never contributed to the common fun

Where the debtor has various debts of the same kind in favor of the same creditor and on the due date the debtor does not have sufficient funds to cover all the debts, the debtor may avail of

tender of payment and consignation.

Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Bruce was engaged to Margarita. In view of the pronouncement of Bruce s doctor, the two got married without a marriage license. Six (6) months thereafter, Bruce died. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. What is the status of the marriage between Bruce and Margarita.

Valid but subjects the party responsible to civil, criminal and administrative liability

X, Y, and Z are partners in XYZ Partnership, Ltd. Y as limited partner. After five years of operations, the partnership incurred debts in favor of third persons totaling P5 million. The total partnership assets is P3 million. Who among the partners shall be liable with their separate property in favor of creditors?

X and Z for P1.5 million each because they are general partners

X, Y, and Z depending upon their capital contribution.

Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling. Charina, on the other hand fell in love with David and they decided to live together as husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin died in an accident. Free at last, Charina and David decided to get married on February 14, 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2) years later, Charina died living a considerable amount of properties. Noreen, assisted by her grandparents, filed a petition questioning the validity of her marriage to David. If you were the judge, how will you decide on the petition?

Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David.

Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.

Dismiss the petition on the ground that the marriage is valid because Charina and David lived together as husband and wife for more than 5 years and their marriage took place after the death of Marvin, the husband of Charina, thus, no need to secure a marriage license.

Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid.

A & B are married. They put into writing an agreement that they would live separately where they can live with other partners. A went to live with C, his childhood sweetheart, hence, B filed an action for legal separation invoking as ground, sexual infidelity. Will the action prosper?

The action will prosper because the agreement is void as it is contrary to law and morals.

The action will prosper because of the act of A which is a ground under the law.

The action will not prosper because of the consent of B.

The action will prosper because the agreement is void as it is contrary to law and morals.

The action will prosper because B is bound by the principle of estoppels by deed.

A & B, without the benefit of marriage lived together as husband and wife. They begot C. A, the father adopted C to elevate him to the status of legitimacy. What is the middle name of the child?

C carries the surname of his biological mother inorder not to make it difficult for him to prove relationship to her when the issue of succession will arise.

C has no middle name because there is no law on middle name.

C carries the surname of his biological mother because of customs and traditions of Filipinos.

C carries the surname of his biological mother inorder not to make it difficult for him to prove relationship to her when the issue of succession will arise.

C carries the middle name of his adopting father.

Three years after marriage, wife learned that husband is afflicted with STD. Apparently, he has been afflicted even before the marriage but concealed such fact. An action for annulment may be filed by the wife.

within five years after marriage.

anytime during the lifetime of the husband.

within five years upon knowledge of the S

A and B married. They acquired properties during the marriage worth P10M. Ten (10) years thereafter B filed an action for legal separation against A where he was pronounced the guilty spouse. The court divided the properties valued at P20M at the time of the legal separation, equally into two (2). Is the order of the court correct?

Yes, because A s disqualification is from a share of the fruits of the conjugal partnership;

No, because A is not entitled to the fruits of their conjugal partnership;

Yes, because A s disqualification is from a share of the fruits of the conjugal partnership;

No, because A should be penalized for his misdeeds and the disqualification to have a share of the conjugal properties is the penalty;

No, because the share should even be forfeited in favor of his family to maintain unity.

A is the owner of a parcel of land covered by TCT No. 1. Through an oral agreement between B & A. A agreed that the property be registered under the name of B so that he can use it in securing a loan with Metrobank. When A sought to recover the property from B, the latter refused contending that he was the owner of the same. Is the contention of B correct?

B is correct because his ownership is evidenced by a title.

B is wrong because he is holding the property merely in trust for A.

B is correct because A cannot prove that there is trust considering that the same was not put into a public instrument.

A can recover and prove that there was trust even if not in a public instrument because the requirement is merely for purposes of convenience.

A sold a parcel of land covered by TCT No. 9 to B. At the time of the sale, B knew that C has been in possession of the parcel of land as early as 10 years before the sale. B however checked with the Registry of Deeds and found the title to be clean. Is B a buyer in good faith?

B is a buyer in good faith because there was no annotation of C s right if there be any.

B is a buyer in good faith because at the time of the sale, the title was clean.

B is a buyer in good faith because he merely relied upon the face of the title.

B is not a buyer in good faith because he had actual knowledge of facts and circumstances that would impel him to make inquiry into the status of the land due to the presence of C.

B is a buyer in good faith because there was no annotation of C s right if there be any.

A is the owner of a property covered by TCT No. 10. As early as 1950, he knew that his title has been transferred under the name of B, but did nothing to recover it, knowing that B has been in possession. Can he file an action to recover it today?

Yes, because the title is imprescriptible and indefeasible;

Yes, because B s title is void, hence, the action to declare it void is imprescriptible (Art. 1410, NCC);

No more because of laches. While a title is imprescriptible, under certain exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985)

X and Y are married. They have a son Z. When X died, Z inherited a property covered by TCT No. 1. Z died without any issue. Y inherited it and obtained a title. There is however no inscription of the reservable character of the property. Y sold it to A who obtained a title. Y died in 2009. Can B, C and D, the reservatarios recover the property?

Yes, because Y could not have sold that which she did not own.

Yes, because the property is reserved to them by law;

Yes, because Y could not have sold it being a mere trustee;

No, because A is a buyer in good faith and for value;

Yes, because Y could not have sold that which she did not own.

A sold a parcel of land to B covered by TCT NO. 152 with C as a witness. When D wanted to buy a property, he executed a special power of attorney for E to buy a property for him. E entered into a contract of sale with A for the purchase of the same lot and registered it under the name of D. Who between B and D has a better right over the lot?

D has a better right because he is the buyer in good faith;

D has a better right because of prior registration;

B has a better right because he is the first buyer;

D has a better right because he is the buyer in good faith;

D has a better right because the knowledge by his agent of a prior sale is immaterial.

A is the owner of a parcel of land covered by TCT No. 1. He leased it to B. When sued for ejectment, B contended that A s title is void. Is he correct?

Yes, because the decision on the title would be res judicata to the issue of the right to eject A;

Yes, because if A s title is void, he has no right to sue B for ejectment;

No, because that is a collateral attack on A s title;

Yes, because the decision on the title would be res judicata to the issue of the right to eject A;

Yes, because a decision on the title of A is prejudicial to the right to eject B.

A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000 square meters more of less adjoining the river bank. Accretion was formed which has been in the possession of B in 1990, but it was disposed of by the Director of Lands to B in s2010. Is the Director correct?

Yes, because the accretion forms part of the alienable land of the public domain;

Yes, because of the Regalian Doctrine;

No, because it belongs to A, being the riparian owner, hence, a private land;

A and B both Filipinos are married, but at the time of the marriage, B was 16 years old. The marriage was celebrated in Hongkong and valid there as such. A wants to get married again and came to you for advice. Give your advice to A.

I would advice him to seek for a certification from the Hongkong authorities that their marriage is void;

I would advice him to get married again, anyway, their marriage is void, hence, there is no need to have the marriage declared void;

I would advice him to file an action for declaration of nullity of their marriage before getting married;

I would advice him to seek for a certification from the Hongkong authorities that their marriage is void;

I would advice him to go to Hongkong and seek for declaration of nullity before a competent court and present it to the solemnizing officer.

A and B are compadres. They own two (2) adjacent parcels of land covered by TCT Nos. 1 and 2 respectively where they reside. With the use of fraud, A registered the property of B under his name in 2009. Can B recover the title?

No, because a void act can be the root of a valid title.

No, because one (1) year after the issuance of the title, it became imprescriptible;

No, because of the indefeasible nature of the title after one (1) year from its issuance;

Yes, because the title of A is void;

No, because a void act can be the root of a valid title.

In the question above A sold it to C while the title is clean. C registered it under his name. Can B recover the title?

No, because of the indefeasibility of his title.

No, because C is a buyer in good faith and for value as the title was clean when it was sold;

No, because of the mirror doctrine;

Yes, because C is not a buyer in good faith having closed his eyes to things that he saw when he bought it;

No, because of the indefeasibility of his title.

A and B both Filipinos, are married. They bought a property but not covered by a title. They migrated to the USA and became American citizens. When they came back for vacation, they filed a petition for registration of the land. Will the petition prosper?

No, by reason public policy, that land in the Philippines is reserved for the Filipinos;

No, because they are now disqualified to own being aliens;

Yes, because it is just a confirmation of imperfect or incomplete title;

No, by reason public policy, that land in the Philippines is reserved for the Filipinos;

No, in fact the State can even file an escheat proceeding.

A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage?

They can enter into a contract changing the property relationship and be bound thereby because of the principle of mutuality of contracts.

They can enter into a contract changing their property relationship and from its perfection, they would be bound by another property regime.

They can enter into a contract to change their property regime and it binds them due to the principle of liberty of contracts.

They can enter into a contract changing their property regime but must file a petition in court for its approval.

They can enter into a contract changing the property relationship and be bound thereby because of the principle of mutuality of contracts.

A & B are Filipinos. They migrated to the USA where A embraced American citizenship. A obtained a divorce decree in the USA. Can B get married again?

Yes, because A can get married again under his national law.

No, because the marriage was not originally a mixed marriage.

Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.

Yes, because A can get married again under his national law.

Yes, because otherwise, it would be an injustice to B.

596 + Mcqs in Philippines Civil Law Society in Uncategorized topics Page 3 McqOptions

101.	A killed B. After trial A was convicted of the crime of murder and the court imposed the penalty of reclusion perpetua. Which amount of civil indemnity may be awarded by the court?
A.	P50,000.00
B.	P75,000.00
C.	P3,000.00
D.	P150,000.00, the actual earnings of B.
Answer» C. P3,000.00

Discussion

102.	A was one of the passengers of a vessel of Sulpicio Lines that sank resulting in the death of hundreds of passengers including A. The heirs of A filed an action for damages praying for compensatory, exemplary, moral damages. The brothers and sisters intervened and prayed for moral damages. Are they correct?
A.	Yes, the brothers and sisters of A are entitled to moral damages because of the mental anguish they suffered by reason of A s death;
B.	Yes, the brothers and sisters of A are entitled because the law provides that moral damages may be recovered in the following and analogous cases, they being collateral relatives who are entitled to inherit;
C.	No, only the spouse, legitimate and illegitimate descendants and ascendants of A are entitled to an award of moral damages;
D.	The brothers and sisters of A are entitled to moral damages because of the injury suffered by them due to the act or omission of Sulpicio which was the proximate cause of A s death.
Answer» D. The brothers and sisters of A are entitled to moral damages because of the injury suffered by them due to the act or omission of Sulpicio which was the proximate cause of A s death.

Discussion

103.	Which is not a proof of filiation?
A.	Record of birth duly signed by the father.
B.	Unprobated will which contains recognition of a child.
C.	Baptismal certificate.
D.	Revoked will containing recognition of a child.
Answer» D. Revoked will containing recognition of a child.

Discussion

104.	A promised marriage to B, a gainfully employed girl. Before the marriage, they agreed that B would resign from the job, hence, a week before the date set for the wedding, B resigned, but A did not comply with the promise of marriage. B sued A for damages. Is A liable for damages?
A.	A is not liable because mere breach of promise to marry is not an actionable wrong.
B.	A is liable because there was an act independent of the breach of promise to marry.
C.	A is not liable because it is his right to back out from the wedding.
D.	A is not liable because it was voluntary for B to resign and that she is presumed to take care of her own concerns.
Answer» C. A is not liable because it is his right to back out from the wedding.

Discussion

105.	A is an owner of a horse. He asked B to take care of it while reviewing for the Bar Exams. After the examination, he went to B to get back the horse but as he got near the horse, he was kicked by the horse on his face resulting in his blindness. He sued B for damages. Is B liable for damages?
A.	B is not liable because of a force majeure.
B.	B is liable because at the time A was injured B was in possession of the horse.
C.	A is not entitled to an award of damages because the injury is self-inflicted being the owner of the house.
D.	A is not entitled to damages because of his own negligence.
Answer» C. A is not entitled to an award of damages because the injury is self-inflicted being the owner of the house.

Discussion

106.	A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month died due to a vehicular accident. During the trial of the case filed by his heirs, the latter failed to produce his income tax returns as he never filed the same with the BIR and yet, they were claiming for damages due to unearned income. Is the defendant liable?
A.	The defendant is not liable for the unearned income as there was no documentary evidence to prove the same.
B.	The defendant is liable because testimonial evidence is sufficient to prove the unearned income.
C.	The defendant is liable because the law automatically provides for liability in case of death.
D.	The defendant is liable as it is the natural consequence of his wrongful act.
Answer» B. The defendant is liable because testimonial evidence is sufficient to prove the unearned income.

Discussion

107.	A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C s father. He pointed the gun to D, squeezed the trigger and killed D. The petition was granted on January 10, 2011. Who may be liable?
A.	The parents of D can sue A & B for damages.
B.	The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.
C.	The parents of D can sue A & B, X & Y for damages who are solidarily liable.
D.	The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained.
Answer» B. The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.

Discussion

108.	A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C s father. He pointed the gun to D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who are liable?
A.	The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident.
B.	The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.
C.	The parents of D can sue A & B, X & Y for damages who are solidarily liable.
D.	The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained.
Answer» B. The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.

Discussion

109.	X is the owner of a domesticated dog. He left it at his compound while at work. Y, a neighbor threw stone at the dog, trying to play with it as he used to do. The dog was hit, hence, it jumped from the compound of X and went after Y who got injured when he fell while running away from the dog. Is X liable for damages?
A.	X is liable as owner/possessor of the dog.
B.	X is not liable because of force majeure.
C.	X is not liable because of Y s fault for throwing stones at the dog.
D.	X is liable but the court will temper the award of damages due to contributory negligence of Y.
Answer» E.

Discussion

110.	A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct?
A.	B is correct because possession of a parcel of land for ten (10) years in good faith will ripen to ownership.
B.	B is correct because of laches.
C.	B is wrong because an easement of right of way cannot be acquired by prescription as while it is apparent it is not however not continuous.
D.	B is correct because with the continuous use of the easement, prescription lied.
Answer» D. B is correct because with the continuous use of the easement, prescription lied.

Discussion

111.	ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of a radio station verbally attacked the corporation hence, the latter sued him for damages. Is the school entitled to moral damages?
A.	ABC Corp. is not entitled to moral damages because it has no nervous system to feel the wounded feelings and besmirched reputation.
B.	ABC Corp. is entitled to moral damages because it has a personality that can be maligned, tarnished or demeaned;
C.	X, the commentator can interpose the defense of truth.
D.	No, because it cannot suffer sleepless nights.
Answer» C. X, the commentator can interpose the defense of truth.

Discussion

112.	X and Y entered into a contract of sale over a parcel of land with an area of 4,000 square meters more or less. When the title was issued, it was 14,475 sq. meters. The buyer contended that he owned the whole lot of 14,475 sq. meters as it was sold in lump sum, hence, the seller should deliver the whole lot. Is the buyer correct?
A.	The buyer is correct because in sale in lump sum, the whole property is sold regardless of the area;
B.	The seller can be compelled to deliver the 14,475 sq. meters because it is covered by the phrase more or less ;
C.	The seller cannot be compelled to deliver the 14,475 sq. meters because the phrase more or less covers only a reasonable excess deficiency;
D.	The seller can be required to deliver the 14,475 sq. meters because the numerical data are not the sole gauge of unreasonableness of the excess or deficiency in area.
Answer» D. The seller can be required to deliver the 14,475 sq. meters because the numerical data are not the sole gauge of unreasonableness of the excess or deficiency in area.

Discussion

113.	A & B had an agreement for A to use B s property as a right of way. Five (5) years later, an adequate outlet was opened to a highway near A s property, hence, B filed an action to cancel the encumbrance of voluntary easement of right of way. The RTC granted. The CA may rule that:
A.	the RTC is correct because A has no more use of the easement.
B.	the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties.
C.	the RTC is correct especially so that the dominant estate has been sol
Answer» C. the RTC is correct especially so that the dominant estate has been sol

Discussion

114.	A & B entered into an oral contract of sale of A s car worth P4.5M where the object was supposed to be delivered upon payment of the price. When A went to B s house to pay the price, the latter refused to sell hence, a complaint for specific performance was filed by A. will the complaint prosper?
A.	The complaint will not prosper because the contract is not enforceable as it is not in writing.
B.	The complaint will prosper because a contract can be valid in whatever form it may be entered into.
C.	The complaint will not prosper because the contract is void as it was not put into writing.
D.	The complaint will prosper because of the principle of mutuality of contracts.
Answer» B. The complaint will prosper because a contract can be valid in whatever form it may be entered into.

Discussion

115.	A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision property being developed by XYZ Corporation. He did not know the exact location of the lot, hence, he consulted the developer who pointed to a lot, hence, he constructed his house. It turned out that it was another lot covered by TCT No. 124. Is A a builder in good faith?
A.	A is a builder in bad faith because he has a title over his property.
B.	A is a builder in good faith because, not being an expert he relied on the representation of the developer.
C.	A is a builder in bad faith because he should have known the boundaries of his property and the location of the same.
D.	A is a builder in bad faith because of his negligence in not asking a geodethic engineer to determine the exact location of his property.
Answer» C. A is a builder in bad faith because he should have known the boundaries of his property and the location of the same.

Discussion

116.	The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot belonging to Mr. P for non-payment of tax. A was the highest bidder. P was not able to redeem his property, hence, a title was issued in favor of A. He filed a motion for the issuance of a writ of possession over the house and lot. What is the right of Mr. P?
A.	A has to pay the value of the house because P is a builder in good faith.
B.	A has to pay the value of the house of P considering that when he moved for a writ of possession over the lot and the house, he appropriated P s house.
C.	A does not have to pay the value of the house because when he became the owner of the land, he became the owner of the accessory which is the house.
D.	A does not have to pay the value of the house because the sale of the lot implies the sale of the house.
Answer» C. A does not have to pay the value of the house because when he became the owner of the land, he became the owner of the accessory which is the house.

Discussion

117.	Jennifer was born an intersex and registered as a female. As she was growing up, there was no development of her female sexual organ and her breast. But there was more development of her male organ, hence, she filed a petition for correction of entries in her record of birth from female to male and to change her name from Jennifer to Johnny. Will the petition prosper?
A.	The petition cannot be granted because corrections sought are material entries.
B.	The petition can only be granted through an adversarial proceeding.
C.	The petition can be granted because if a person was born an intersex, he/she can choose his/her sex when he/she reaches the age of majority because what he/she thinks and feels is what he/she is when she/he reaches the age of majority.
D.	The petition to change her name cannot be granted because to change one s name is a matter of privilege.
Answer» D. The petition to change her name cannot be granted because to change one s name is a matter of privilege.

Discussion

118.	In 1986, A, a married woman file a petition for adoption of C which was granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of the Family Code requiring that the husband and wife must jointly adopt and the retroactive provision of the Family Code under Article 256. How do you think the court will decide?
A.	It will grant the petition because the law is mandatory with the use of the word must ;
B.	It will grant the petition because of the retroactivity of the law;
C.	It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)
D.	It will deny the petition because of the doctrine of immutability of judgment.
Answer» D. It will deny the petition because of the doctrine of immutability of judgment.

Discussion

119.	A, a Russian citizen married B, a Filipina. A divorced B who came back to the Philippines and filed a petition for recognition of the foreign decree of divorce. It was recognized but the RTC of Manila found that A is not capacitated to remarry. Can B get married?
A.	Yes, because the decree of divorce severed her marital relationship with A;
B.	No, because despite the divorce, A s national law does not give him the capacity to remarry;
C.	Yes, to be fair to B;
D.	Yes, because Philippine law cannot govern the capacity of a foreigner to remarry.
Answer» C. Yes, to be fair to B;

Discussion

120.	Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Hence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their conjugal partnership, and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire properties through his own efforts. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo?
A.	Yes, because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry.
B.	Yes, because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana.
C.	No, because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries.
D.	No, because there was an agreement between the parties to voluntarily dissolved their conjugal partnership.
Answer» B. Yes, because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana.

Discussion

121.	Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. By virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. The said contract of sale was executed before the vice consul of the Philippines in Singapore. Under the laws of Singapore, the sale of a real property by an agent without a special power of attorney is valid. Shantung Company filed a suit for the annulment of the contract of sale on the ground that Magdalene has no authority to sell the property. If you were the judge, which of the following courses of action should you take?
A.	Dismiss the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are executed.
B.	Dismiss the action for annulment on the ground that the property subject of the case is located in Singapore, thus, the law of Singapore shall govern.
C.	Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are execut
Answer» D.

Discussion

122.	A has been using the name Pedro since birth although his record of birth shows that his name is Juan. He is now 25 years old and about to take the Bar Exams. How can he use the name Juan when he will take the Bar Exams?
A.	He has to file a petition for change of name;
B.	He can go to the Local Civil Registrar and file an administrative petition for change of name;
C.	He can just use it with an affidavit that Pedro and Juan refer to one and the same person;
D.	He cannot change his name because of lapse of time.
Answer» C. He can just use it with an affidavit that Pedro and Juan refer to one and the same person;

Discussion

123.	A and B lived together as husband and wife. A brought B to the hospital, and paid for the expenses in the birth of C. When the nurse asked B who was the father of the child, she mentioned the name of A but did not sign the record of birth of C. Can the record of birth be admissible in evidence as proof of filiation?
A.	Yes, because of the acts of A, thus, he is estopped;
B.	No, because otherwise it would be easy for a woman to vest legitimate status upon a child even if the latter is illegitimate;
C.	Yes, to protect the status of the child;
D.	Yes, to be fair to the child.
Answer» C. Yes, to protect the status of the child;

Discussion

124.	Debtor owes Creditor P20, 000. On the due date of the obligation, Debtor could not pay. Debtor instead offered his TV set worth P20,000 in payment of the obligation. Creditor agrees.
A.	There is no payment because the debt may only be discharged by the delivery of legal tender.
B.	There is payment pursuant to a facultative obligation because of a substitution.
C.	There is dation in payment or dacion en pago.
D.	There is payment by cession.
Answer» D. There is payment by cession.

Discussion

125.	X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?
A.	Yes, because the probate of a will is imprescriptible as it is mandated by public policy.
B.	No more because it has already prescribed.
C.	Yes because they cannot extrajudicially settle the estate due to the existence of a will.
D.	No more because of laches.
Answer» B. No more because it has already prescribed.

Discussion

126.	Mr. Debtor owes Mr. Creditor as follows: P10, 000 due February 5; P10, 000 due March 5 and P10, 000 due April 5, all during the current year. Mr. Debtor has only P10, 000 and cannot pay all his obligations. If Mr. Debtor decides to pay P10, 000, the amount shall apply:
A.	To the debt chosen by Mr. Creditor.
B.	To the debt chosen by Mr. Debtor.
C.	To the debt due on February 5 being the oldest debt.
D.	To the debt due on April 5 if it is an interesting obligation.
Answer» C. To the debt due on February 5 being the oldest debt.

Discussion

127.	Mr. Debtor owes Mr. Creditor P100, 000. On the due date, Mr. Debtor delivers a cashier s check for the full amount. Mr. Creditor refuses to accept the check.
A.	Debtor may make a consignation by depositing the amount due with any bank and in the name of Mr. Creditor.
B.	Mr. Debtor may make a consignation by depositing the amount due at the disposal of judicial authorities before whom the tender of payment shall be proved in a proper case.
C.	Mr. Debtor has no legal basis for making a consignation.
D.	The creditor may be considered in mora accipiendi.
Answer» D. The creditor may be considered in mora accipiendi.

Discussion

128.	Debtor owes Creditor P500,000. The debt is secured by a chattel mortgage on Debtor s car. On the due date of the obligation, Creditor is paid by Third Person who has no interest in the obligation either as guarantor or surety. There is likewise no stipulation as to Third Person s right to pay.
A.	If Third Person pays without the knowledge or against the will of Debtor, Third Person may recover P500, 000 from Debtor even if the debt had been condoned to the extent of .
B.	If Third Person pays with the Debtor s knowledge and consent, Third Person may recover P500, 000 from Debtor even if the debt had been condoned to the extent of . If Debtor fails to pay, Third Person may foreclose the mortgage on Debtor s car.
C.	Same as letter b except that Third Person may not foreclose the mortgage on Debtor s car, unless Creditor consents.
D.	Same as letter b except that Third Person may not foreclose the mortgage on Debtor s car because the mortgage was exclusively constituted in Creditor s favor.
Answer» C. Same as letter b except that Third Person may not foreclose the mortgage on Debtor s car, unless Creditor consents.

Discussion

129.	A & B, without the benefit of marriage lived together as husband and wife. They had no legal impediment to marry one another. A was engaged in business. B was at home taking care of their children and the household chores and helping A once in a while in the business but without any compensation. If the relationship ends, is B entitled to a share?
A.	A & B are governed by the law on co-ownership that they are entitled to a share of 50-50 over the properties acquired during their coverture.
B.	They are governed by a special form of co-ownership that even if she did not contribute materially to the acquisition of the properties, she is entitled to because of the presumption of equal contribution.
C.	B is not entitled to a share of the properties because she never contributed to the common fun
Answer» C. B is not entitled to a share of the properties because she never contributed to the common fun

Discussion

130.	Where the debtor has various debts of the same kind in favor of the same creditor and on the due date the debtor does not have sufficient funds to cover all the debts, the debtor may avail of
A.	tender of payment and consignation.
B.	application of payment.
C.	dation in payment.
D.	cession in payment.
Answer» C. dation in payment.

Discussion

131.	Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Bruce was engaged to Margarita. In view of the pronouncement of Bruce s doctor, the two got married without a marriage license. Six (6) months thereafter, Bruce died. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. What is the status of the marriage between Bruce and Margarita.
A.	Voidable
B.	Valid
C.	Valid but subjects the party responsible to civil, criminal and administrative liability
D.	Unenforceable
Answer» C. Valid but subjects the party responsible to civil, criminal and administrative liability

Discussion

132.	X, Y, and Z are partners in XYZ Partnership, Ltd. Y as limited partner. After five years of operations, the partnership incurred debts in favor of third persons totaling P5 million. The total partnership assets is P3 million. Who among the partners shall be liable with their separate property in favor of creditors?
A.	X and Z for P1.5 million each because they are general partners
B.	X, Y and Z for P1 million each
C.	X, Y, and Z depending upon their capital contribution.
D.	none
Answer» D. none

Discussion

133.	Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling. Charina, on the other hand fell in love with David and they decided to live together as husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin died in an accident. Free at last, Charina and David decided to get married on February 14, 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2) years later, Charina died living a considerable amount of properties. Noreen, assisted by her grandparents, filed a petition questioning the validity of her marriage to David. If you were the judge, how will you decide on the petition?
A.	Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David.
B.	Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.
C.	Dismiss the petition on the ground that the marriage is valid because Charina and David lived together as husband and wife for more than 5 years and their marriage took place after the death of Marvin, the husband of Charina, thus, no need to secure a marriage license.
D.	Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid.
Answer» E.

Discussion

134.	A & B are married. They put into writing an agreement that they would live separately where they can live with other partners. A went to live with C, his childhood sweetheart, hence, B filed an action for legal separation invoking as ground, sexual infidelity. Will the action prosper?
A.	The action will prosper because of the act of A which is a ground under the law.
B.	The action will not prosper because of the consent of B.
C.	The action will prosper because the agreement is void as it is contrary to law and morals.
D.	The action will prosper because B is bound by the principle of estoppels by deed.
Answer» C. The action will prosper because the agreement is void as it is contrary to law and morals.

Discussion

135.	A & B, without the benefit of marriage lived together as husband and wife. They begot C. A, the father adopted C to elevate him to the status of legitimacy. What is the middle name of the child?
A.	C has no middle name because there is no law on middle name.
B.	C carries the surname of his biological mother because of customs and traditions of Filipinos.
C.	C carries the surname of his biological mother inorder not to make it difficult for him to prove relationship to her when the issue of succession will arise.
D.	C carries the middle name of his adopting father.
Answer» C. C carries the surname of his biological mother inorder not to make it difficult for him to prove relationship to her when the issue of succession will arise.

Discussion

136.	Three years after marriage, wife learned that husband is afflicted with STD. Apparently, he has been afflicted even before the marriage but concealed such fact. An action for annulment may be filed by the wife.
A.	within five years after marriage.
B.	anytime during the lifetime of the husband.
C.	within five years upon knowledge of the S
Answer» D.

Discussion

137.	A and B married. They acquired properties during the marriage worth P10M. Ten (10) years thereafter B filed an action for legal separation against A where he was pronounced the guilty spouse. The court divided the properties valued at P20M at the time of the legal separation, equally into two (2). Is the order of the court correct?
A.	No, because A is not entitled to the fruits of their conjugal partnership;
B.	Yes, because A s disqualification is from a share of the fruits of the conjugal partnership;
C.	No, because A should be penalized for his misdeeds and the disqualification to have a share of the conjugal properties is the penalty;
D.	No, because the share should even be forfeited in favor of his family to maintain unity.
Answer» B. Yes, because A s disqualification is from a share of the fruits of the conjugal partnership;

Discussion

138.	A is the owner of a parcel of land covered by TCT No. 1. Through an oral agreement between B & A. A agreed that the property be registered under the name of B so that he can use it in securing a loan with Metrobank. When A sought to recover the property from B, the latter refused contending that he was the owner of the same. Is the contention of B correct?
A.	B is correct because his ownership is evidenced by a title.
B.	B is wrong because he is holding the property merely in trust for A.
C.	B is correct because A cannot prove that there is trust considering that the same was not put into a public instrument.
D.	A can recover and prove that there was trust even if not in a public instrument because the requirement is merely for purposes of convenience.
Answer» E.

Discussion

139.	A sold a parcel of land covered by TCT No. 9 to B. At the time of the sale, B knew that C has been in possession of the parcel of land as early as 10 years before the sale. B however checked with the Registry of Deeds and found the title to be clean. Is B a buyer in good faith?
A.	B is a buyer in good faith because at the time of the sale, the title was clean.
B.	B is a buyer in good faith because he merely relied upon the face of the title.
C.	B is not a buyer in good faith because he had actual knowledge of facts and circumstances that would impel him to make inquiry into the status of the land due to the presence of C.
D.	B is a buyer in good faith because there was no annotation of C s right if there be any.
Answer» D. B is a buyer in good faith because there was no annotation of C s right if there be any.

Discussion

140.	A is the owner of a property covered by TCT No. 10. As early as 1950, he knew that his title has been transferred under the name of B, but did nothing to recover it, knowing that B has been in possession. Can he file an action to recover it today?
A.	Yes, because the title is imprescriptible and indefeasible;
B.	Yes, because B s title is void, hence, the action to declare it void is imprescriptible (Art. 1410, NCC);
C.	No more because of laches. While a title is imprescriptible, under certain exceptional circumstances, it may yield to the principle of laches. (Heirs of Lacamen v. Heirs of Laruan, July 31, 1985)
D.	No, because of estoppel.
Answer» D. No, because of estoppel.

Discussion

141.	X and Y are married. They have a son Z. When X died, Z inherited a property covered by TCT No. 1. Z died without any issue. Y inherited it and obtained a title. There is however no inscription of the reservable character of the property. Y sold it to A who obtained a title. Y died in 2009. Can B, C and D, the reservatarios recover the property?
A.	Yes, because the property is reserved to them by law;
B.	Yes, because Y could not have sold it being a mere trustee;
C.	No, because A is a buyer in good faith and for value;
D.	Yes, because Y could not have sold that which she did not own.
Answer» D. Yes, because Y could not have sold that which she did not own.

Discussion

142.	A sold a parcel of land to B covered by TCT NO. 152 with C as a witness. When D wanted to buy a property, he executed a special power of attorney for E to buy a property for him. E entered into a contract of sale with A for the purchase of the same lot and registered it under the name of D. Who between B and D has a better right over the lot?
A.	D has a better right because of prior registration;
B.	B has a better right because he is the first buyer;
C.	D has a better right because he is the buyer in good faith;
D.	D has a better right because the knowledge by his agent of a prior sale is immaterial.
Answer» C. D has a better right because he is the buyer in good faith;

Discussion

143.	A is the owner of a parcel of land covered by TCT No. 1. He leased it to B. When sued for ejectment, B contended that A s title is void. Is he correct?
A.	Yes, because if A s title is void, he has no right to sue B for ejectment;
B.	No, because that is a collateral attack on A s title;
C.	Yes, because the decision on the title would be res judicata to the issue of the right to eject A;
D.	Yes, because a decision on the title of A is prejudicial to the right to eject B.
Answer» C. Yes, because the decision on the title would be res judicata to the issue of the right to eject A;

Discussion

144.	A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000 square meters more of less adjoining the river bank. Accretion was formed which has been in the possession of B in 1990, but it was disposed of by the Director of Lands to B in s2010. Is the Director correct?
A.	Yes, because the accretion forms part of the alienable land of the public domain;
B.	Yes, because of the Regalian Doctrine;
C.	No, because it belongs to A, being the riparian owner, hence, a private land;
D.	Yes, because of prescription.
Answer» D. Yes, because of prescription.

Discussion

145.	A and B both Filipinos are married, but at the time of the marriage, B was 16 years old. The marriage was celebrated in Hongkong and valid there as such. A wants to get married again and came to you for advice. Give your advice to A.
A.	I would advice him to get married again, anyway, their marriage is void, hence, there is no need to have the marriage declared void;
B.	I would advice him to file an action for declaration of nullity of their marriage before getting married;
C.	I would advice him to seek for a certification from the Hongkong authorities that their marriage is void;
D.	I would advice him to go to Hongkong and seek for declaration of nullity before a competent court and present it to the solemnizing officer.
Answer» C. I would advice him to seek for a certification from the Hongkong authorities that their marriage is void;

Discussion

146.	A and B are compadres. They own two (2) adjacent parcels of land covered by TCT Nos. 1 and 2 respectively where they reside. With the use of fraud, A registered the property of B under his name in 2009. Can B recover the title?
A.	No, because one (1) year after the issuance of the title, it became imprescriptible;
B.	No, because of the indefeasible nature of the title after one (1) year from its issuance;
C.	Yes, because the title of A is void;
D.	No, because a void act can be the root of a valid title.
Answer» D. No, because a void act can be the root of a valid title.

Discussion

147.	In the question above A sold it to C while the title is clean. C registered it under his name. Can B recover the title?
A.	No, because C is a buyer in good faith and for value as the title was clean when it was sold;
B.	No, because of the mirror doctrine;
C.	Yes, because C is not a buyer in good faith having closed his eyes to things that he saw when he bought it;
D.	No, because of the indefeasibility of his title.
Answer» D. No, because of the indefeasibility of his title.

Discussion

148.	A and B both Filipinos, are married. They bought a property but not covered by a title. They migrated to the USA and became American citizens. When they came back for vacation, they filed a petition for registration of the land. Will the petition prosper?
A.	No, because they are now disqualified to own being aliens;
B.	Yes, because it is just a confirmation of imperfect or incomplete title;
C.	No, by reason public policy, that land in the Philippines is reserved for the Filipinos;
D.	No, in fact the State can even file an escheat proceeding.
Answer» C. No, by reason public policy, that land in the Philippines is reserved for the Filipinos;

Discussion

149.	A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage?
A.	They can enter into a contract changing their property relationship and from its perfection, they would be bound by another property regime.
B.	They can enter into a contract to change their property regime and it binds them due to the principle of liberty of contracts.
C.	They can enter into a contract changing their property regime but must file a petition in court for its approval.
D.	They can enter into a contract changing the property relationship and be bound thereby because of the principle of mutuality of contracts.
Answer» D. They can enter into a contract changing the property relationship and be bound thereby because of the principle of mutuality of contracts.

Discussion

150.	A & B are Filipinos. They migrated to the USA where A embraced American citizenship. A obtained a divorce decree in the USA. Can B get married again?
A.	No, because the marriage was not originally a mixed marriage.
B.	Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.
C.	Yes, because A can get married again under his national law.
D.	Yes, because otherwise, it would be an injustice to B.
Answer» C. Yes, because A can get married again under his national law.

Discussion

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