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MCQOPTIONS
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.
| 401. |
Under the law on agency, what is the nature of the act when an agent violates the terms of the agency and acts outside the scope of the authority vested in him? |
| A. | Void; |
| B. | Unenforceable; |
| C. | Voidable; |
| D. | Valid and binding upon the principal. |
| Answer» C. Voidable; | |
| 402. |
A and B had amorous relationship resulting in the birth of C. B filed a claim for temporary support of her unacknowledged child which she sought in an action for the issuance of temporary protection order against A. Is the remedy proper? |
| A. | Yes, as an incident of the action for temporary protection order due to child abuse under RA 9262; |
| B. | Yes, because it is the duty of father to support the child; |
| C. | No, the remedy is to file an action for compulsory recognition to establish filiation; |
| D. | Yes, to be fair to the child who never asked to be born. |
| Answer» D. Yes, to be fair to the child who never asked to be born. | |
| 403. |
Is the prohibition against the spouses donating to one another during the marriage absolute? |
| A. | Yes, because it is contrary to law; |
| B. | Yes, because it is contrary to public policy; |
| C. | No, because they can give to one another gifts during the marriage within their capacity to purchase. |
| D. | Yes, because there might be under influence by one against the other. |
| Answer» D. Yes, because there might be under influence by one against the other. | |
| 404. |
A, a man & B, a woman, lived together as husband and wife without the benefit of marriage, resulting in the birth of C. A signed the record of birth of C. Who has a better right of custody over C? |
| A. | B has a better right of custody, C being an illegitimate child. |
| B. | A has a right to have custody because he recognized the child. |
| C. | A has no right to have custody but he has to support C. |
| D. | A & B can have joint custody over C considering that A recognized the child. |
| Answer» B. A has a right to have custody because he recognized the child. | |
| 405. |
Separation of property between spouses during the marriage may take place only: |
| A. | by agreement of the spouses. |
| B. | if one of the spouses has given ground for legal separation. |
| C. | upon order of the court. |
| D. | if one spouse has abandoned the other. |
| Answer» D. if one spouse has abandoned the other. | |
| 406. |
The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage, except? |
| A. | Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude |
| B. | Concealment of drug addiction of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage |
| C. | Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage |
| D. | Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage |
| Answer» E. | |
| 407. |
Within what period should an action to foreclose a mortgage over real property be filed? |
| A. | Within 10 years from date of registration of the contract; |
| B. | Within 10 years from the execution of the contract; |
| C. | Within 10 years from demand, for unless demand is prove, there can be no default. (Nunez v. GSIS Family Bank, 17 November 2005); |
| D. | Within 10 years from notarization of the contract. |
| Answer» D. Within 10 years from notarization of the contract. | |
| 408. |
Easement is always a real right. |
| A. | Yes, if the easement is for use of another real property. |
| B. | No, if the easement is for use of person only. |
| C. | Yes, because it is enforceable against the wor |
| Answer» D. | |
| 409. |
May a person donate that which he does not own? |
| A. | Yes, provided that it is accepted by the donee; |
| B. | Yes, provided that he can deliver it; |
| C. | No, because he cannot confer ownership of something he does not own; |
| D. | Yes, provided that the parties agree. |
| Answer» D. Yes, provided that the parties agree. | |
| 410. |
Which one is more burdensome, easement or usufruct? |
| A. | Usufruct because the usufructuary has possession and fruits of the property |
| B. | Easement because the servient estate is under obligation to let others use the property |
| C. | None, because in both cases there is no transfer of title |
| D. | Easement because easement is enforceable even if there is no contract |
| Answer» B. Easement because the servient estate is under obligation to let others use the property | |
| 411. |
Mr. D owes Mr. Y P10, 000. On the due date, Mr. X offers a check in payment of the obligation. |
| A. | The receipt of the check by Mr. Y extinguishes the obligation if the check is a certified one because it is as good as cash. |
| B. | The receipt is not equivalent to automatic payment if the check is not a certified check. |
| C. | Mr. Y has no reason to refuse the check if it s fully funded as certified to by the bank. |
| D. | Mr. Y cannot be compelled to accept the check. |
| Answer» E. | |
| 412. |
The following are disqualified to donate to each other, except. |
| A. | Those guilty of adultery or concubinage at the time of the donation. |
| B. | Those found guilty of the same criminal offense in consideration thereof. |
| C. | Those made to public officers or their spouses, descendants, or ascendants, by reason of their office. |
| D. | Those obliged to support one another. |
| Answer» E. | |
| 413. |
X is not a partner of A, B, and C. Without the consent or knowledge of C but with the implied consent of A and B, X made T believe that he is a partner of A, B, and C. Who shall be liable for the payment of a debt of P500, 000 in favor of T who extended credit on the basis of the misrepresentation? |
| A. | X, A and B pro rata. |
| B. | X, A and B solidarily. |
| C. | X, A, B and C pro rata. |
| D. | X, A, B and C solidarily. |
| Answer» B. X, A and B solidarily. | |
| 414. |
I hereby donate to A a parcel of land subject to the condition that he will support me for the rest of my life, shoulder my hospitalization and burial expenses. What is the nature of the donation? |
| A. | Remuneratory donation inter vivos; |
| B. | Conditional donation inter vivos; (obligation imposed is merely a charge or burden whose value is less than the value of the thing given.) |
| C. | Onerous donation inter vivos; (the obligation to defray the support, etc. indicates that such obligation is the consideration for the donation and vice versa. The properties donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata, 46 Phil. 668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC) |
| D. | Conditional donation which can be revoked. |
| Answer» D. Conditional donation which can be revoked. | |
| 415. |
The rule that once a criminal action is filed the civil action is suspended is absolute. |
| A. | True |
| B. | False |
| C. | None of the above |
| D. | all |
| Answer» C. None of the above | |
| 416. |
When is the hotelkeeper shall be liable for the loss of the things belonging to the guests? |
| A. | If the things were actually delivered or surrendered to the hotelkeeper. |
| B. | If the guests did not sign any waiver of liability. |
| C. | If the hotelkeeper was notified of the valuables and the guests took the necessary measure to the care and vigilance over the same. |
| D. | If the loss was due to the act of a thief done with the use of irresistible force. |
| Answer» D. If the loss was due to the act of a thief done with the use of irresistible force. | |
| 417. |
A was born on January 1, 2000 as an illegitimate child of B. If he wants to ask for recognition, within what time should he file the action? |
| A. | At anytime during his lifetime; |
| B. | At anytime during the lifetime of B; |
| C. | Imprescriptible; |
| D. | Before reaching the age of majority. |
| Answer» C. Imprescriptible; | |
| 418. |
As a general rule, consignation must be preceded by a valid tender of payment. Enumerated below however, are situations which allows a consignation without a prior tender of payment. Which is the exception? |
| A. | When for any cause, the creditor refuses to give a receipt. |
| B. | When the creditor is absent or unknown, or does not appear at the place of payment. |
| C. | When two or more persons claim the same right to collect. |
| D. | When the title to the obligation has been lost. |
| Answer» B. When the creditor is absent or unknown, or does not appear at the place of payment. | |
| 419. |
Which among the churches listed below is owned by the Roman Catholic Church? |
| A. | Quiapo Church constructed after 1898 |
| B. | San Agustin Church constructed before 1898 |
| C. | Manila Cathedral constructed before 1898 |
| D. | Vigan Church constructed before 1898 |
| Answer» B. San Agustin Church constructed before 1898 | |
| 420. |
In connection with the rule of mutual agency of the partners in a partnership which of the following is not correct? |
| A. | Partnership is liable to every partner for amounts disbursed on behalf of the partnership, plus interest, from the time the expenses are made; (Art. 1796, NCC) |
| B. | Unless otherwise agreed upon, all partners shall be considered agents and whatever any one of them may do alone binds the partnership; (Art. 1803(1); Art. 1818) |
| C. | Anyone of the partners may make important alterations on the immovable property of the partnership; (Art. 1803, NCC) |
| D. | Admission or representation made by a partner concerning partnership affairs is evidence against the partnership. (Art. 1820) |
| Answer» D. Admission or representation made by a partner concerning partnership affairs is evidence against the partnership. (Art. 1820) | |
| 421. |
The following are correct in connection with contracts of adhesion, except: |
| A. | Prepared by only one of the parties and the other merely affixed his signature; |
| B. | They are void as they are one sided; |
| C. | They are binding as ordinary contracts; |
| D. | Due to their peculiar nature, their validity is determined in light of the circumstances under which the stipulations are intended. (Sps. Ermita o v. CA, April 21, 1999) |
| Answer» C. They are binding as ordinary contracts; | |
| 422. |
An action pauliana is an action to rescind contracts in fraud of creditors. The following are its requisites, except: |
| A. | Plaintiff asking for rescission has a credit prior to the alienation although demandable later. (Panlilio v. Victoria, 35 Phil. 706) |
| B. | Debtor has made a subsequent contract conveying a patrimonial benefit to a third person. |
| C. | Creditor has no other legal remedy. |
| D. | The third person was not a party to the fraud. |
| Answer» E. | |
| 423. |
A, a 17-year old girl had a relationship with B, 25 years old. A child C, was born when A was only 17. When A reached 21 years, they got married. Can the child be legitimated? |
| A. | With their marriage, the child C became legitimated. (RA 9585) |
| B. | C cannot be legitimated because there was a legal impediment to marry at the time A conceived and gave birth to her/him. |
| C. | C can acquire the status of legitimacy only by adoption of A and B. |
| D. | C cannot be legitimated because he is not a natural child. |
| Answer» B. C cannot be legitimated because there was a legal impediment to marry at the time A conceived and gave birth to her/him. | |
| 424. |
The court can fix the period when the obligation is subject to the sole will of the debtor. |
| A. | True |
| B. | False |
| C. | None of the above |
| D. | all |
| Answer» C. None of the above | |
| 425. |
In the establishment of an easement of right of way which is likened to the exercise of the power of eminent domain, the owner can validly contend that the compensation due the owner should be computed based on the |
| A. | Value when the road was constructed |
| B. | Date of filing the action in court |
| C. | Date of the judgment |
| D. | Value of the land and the amount of damage caused to the servient estate. |
| Answer» E. | |
| 426. |
Every contract of partnership having a capital of three thousand pesos or more, in money or property, shall appear in a public instrument, which must be recorded in the Office of the Securities and Exchange Commission. Failure to comply with this requirement; |
| A. | renders the contract of partnership void. |
| B. | renders the contract of partnership unenforceable. |
| C. | affects the liability of the partnership to third persons and the partnership has no legal personality. |
| D. | does not affect the liability of the partnership to third persons and the partnership still has a legal personality. |
| Answer» E. | |
| 427. |
Within what period should an action for legal separation on the ground of fraud be filed? |
| A. | 5 years |
| B. | 10 years |
| C. | 4 years |
| D. | imprescriptible |
| Answer» B. 10 years | |
| 428. |
.Mr. X lost heavily in a private gambling with Mr. Y. He still owes Mr. Y P250,000 representing losses. Which is not true? |
| A. | The wife of Mr. X may file a suit to recover the losses if Mr. X refuses to file the suit. |
| B. | Mr. Y has the obligation to return the losses of Mr. X. |
| C. | Mr. X is estopped from recovering his losses. |
| D. | Mr. Y cannot collect the unpaid losses of Mr. X. |
| Answer» D. Mr. Y cannot collect the unpaid losses of Mr. X. | |
| 429. |
How much of their properties may the future spouses donate to one another? |
| A. | 100% |
| B. | 50% |
| C. | 20% |
| D. | 25% |
| Answer» D. 25% | |
| 430. |
A, a married man had amorous relationship with B, resulting in the birth of C. C s existence is with the knowledge of his wife and children. In fact, A and his family were even supporting C who was welcomed in all family occasions. What is the meaning of the acts of A and his family? |
| A. | The acts of A and his family are considered as acts of recognition. |
| B. | The acts of A can be considered as proof of filiation without need of going to court. |
| C. | The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts. |
| D. | C cannot go to court to prove filiation considering that there is no documentary evidence showing recognition. |
| Answer» D. C cannot go to court to prove filiation considering that there is no documentary evidence showing recognition. | |
| 431. |
When the debtor binds himself to pay when his means shall permit him to do so, |
| A. | The obligation is deemed to be one with a period. |
| B. | The obligation is a conditional obligation. |
| C. | The obligation is vo |
| Answer» B. The obligation is a conditional obligation. | |
| 432. |
Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was preparing for the bar examinations, Miguel, a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court, thus, preventing him from taking the examinations unless he marries Liza. As a consequence of the threat, Noel married Liza. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code? |
| A. | Yes, because without the threat, Noel would not marry Liza. |
| B. | Yes, because the threat, to enforce the claim of Liza, vitiates the consent of Noel in contracting the marriage. |
| C. | No, because the threat made by Miguel is just and legal. |
| D. | No, because Miguel is not a party to the contract of marriage between Liza and Noel. |
| Answer» D. No, because Miguel is not a party to the contract of marriage between Liza and Noel. | |
| 433. |
Action for rescission on the account of lesion will prescribe within --- |
| A. | 10 years |
| B. | 5 years |
| C. | 7 years |
| D. | answer not given |
| Answer» E. | |
| 434. |
The guardian of an imbecile shall be civilly liable as principal for the crime committed by the imbecile alone. |
| A. | True |
| B. | False |
| C. | None of the above |
| D. | all |
| Answer» B. False | |
| 435. |
What do you call the act of a testator of designating a person to take the estate in case of default of the instituted heir? |
| A. | Substitution |
| B. | Representation |
| C. | Institution |
| D. | Accretion |
| Answer» B. Representation | |
| 436. |
Disposition Captatoria is void because the heir makes a disposition in his will in favor of: |
| A. | another heir |
| B. | testator |
| C. | the State |
| D. | a legatee or devisee |
| Answer» C. the State | |
| 437. |
Of the enumeration below, which is not a limitation of fideicommissary substitution? |
| A. | The substitution must not go beyond one degree from the heir originally instituted (Art. 863, NCC); |
| B. | The fiduciary and the fideicommissary must be living at the time of the death of the testator (Art. 863); |
| C. | The substitution can burden the legitime (Art. 864); |
| D. | The substitution must be made expressly (Art. 865). |
| Answer» E. | |
| 438. |
Which of the following is not correct in connection with the requisites of rescission? |
| A. | It must be gratuitous; |
| B. | It must be accepted by the obligor; |
| C. | The obligation must be demandable. (Art. 1270, NCC); |
| D. | It can be unilateral. |
| Answer» E. | |
| 439. |
River beds which are abandoned through the natural change in the course of the water belong to whom? |
| A. | Owners whose land are occupied by the new course in proportion to the area lost. |
| B. | Owners whose land are occupied by the bed course in proportion to the length of the area lost. |
| C. | Owners of the land adjoining the old bed in proportion to the area lost. |
| D. | Owners of the land adjoining the new bed in proportion to the area lost. |
| Answer» B. Owners whose land are occupied by the bed course in proportion to the length of the area lost. | |
| 440. |
A and B are married. B, the woman was pronounced the guilty spouse in an action for legal separation on the ground of attempt by one spouse against the life of the other. In favor of whom will the court award C s custody, a 5-year old child? |
| A. | A because he is the innocent spouse; |
| B. | A because it is impossible to have a moral development of the child; |
| C. | B because there is no man who can respond to the sorrows of a woman seeing a child of tender age being torn away from her; |
| D. | A and B because of joint parental authority. |
| Answer» D. A and B because of joint parental authority. | |
| 441. |
Which statement is correct?1. Accession is the right of an owner of a property to everything which is produced thereby or which is incorporated or attached thereto either naturally or artificially.2. Natural, industrial and civil fruits belong to the owner. |
| A. | Both statements are correct. |
| B. | Statement 1 is correct; statement 2 is incorrect. |
| C. | Statement 1 is correct; statement 2 is correct. |
| D. | none |
| Answer» B. Statement 1 is correct; statement 2 is incorrect. | |
| 442. |
An obligation where the period of payment is subject to the will of the debtor or obligor is void. |
| A. | True |
| B. | False |
| C. | None of the above |
| D. | all |
| Answer» B. False | |
| 443. |
Minerals are still owned by the state even if discovered from a private land. |
| A. | Yes, provided the land is not titled. |
| B. | Yes, because the constitution so provides. |
| C. | No, if the land is titled to a private person. |
| D. | No, it will violate property and property rights. |
| Answer» C. No, if the land is titled to a private person. | |
| 444. |
A and B are married. B filed an action for legal separation on the ground of sexual infidelity of A which was granted. Can A inherit from B? |
| A. | Absolutely, No; |
| B. | Yes, under the law of intestate succession; |
| C. | Yes, under the law of testate succession; |
| D. | No, because his act constitutes an ingratitude. |
| Answer» D. No, because his act constitutes an ingratitude. | |
| 445. |
May a spouse donate to the other spouse during marriage? |
| A. | Yes, because that is a right that one has, that is to dispose of his own property; |
| B. | Yes, provided that it is a donation mortis causa; |
| C. | No, because it is contrary to public policy and law as one might exert undue influence against the other; |
| D. | Yes, provided that it is freely done and agreed upon/ |
| Answer» D. Yes, provided that it is freely done and agreed upon/ | |
| 446. |
Pedro borrowed money from Jose, payable on November 26, 2005. On the due date of the obligation, Pedro failed to pay. On December 30, 2005, Pedro paid the debt. |
| A. | Pedro is in default. |
| B. | Pedro is not in default. |
| C. | Pedro is liable for interest. |
| D. | Pedro is liable for damages. |
| Answer» C. Pedro is liable for interest. | |
| 447. |
A and B are married. A filed an action for declaration of nullity of their marriage on the ground of psychological incapacity. In its judgment, the court decreed that a final decree of nullity shall be issued only after there is partition, distribution of the properties in accordance with Article 147 of the Family Code. |
| A. | The order is correct because the law requires distribution, partition and liquidation of the properties before the decree is issued; |
| B. | The order is not correct because the rules in Article 147, F.C. apply only if the marriage is declared void on the ground of psychological incapacity; |
| C. | The order is correct regardless of whether the marriage was declared void on the ground of psychological incapacity or because it is absolutely void because of a prior marriage |
| D. | none |
| Answer» C. The order is correct regardless of whether the marriage was declared void on the ground of psychological incapacity or because it is absolutely void because of a prior marriage | |
| 448. |
The court may fix the period of payment when the duration depends upon the will of the debtor like in: When my means permit me to do so , or as soon as possible , or as soon as I have money |
| A. | True |
| B. | False |
| C. | None of the above |
| D. | all |
| Answer» B. False | |
| 449. |
What is not a requirement for existence of negotiorum gestio? |
| A. | A property or business is neglected or abandoned by the owner. |
| B. | A person has been constituted manager of the property or business so abandoned. |
| C. | The management of the owner s business was assumed by another not an owner or manager so authorize |
| Answer» C. The management of the owner s business was assumed by another not an owner or manager so authorize | |
| 450. |
What is the requirement if the husband and wife would like to adopt? |
| A. | They can adopt jointly; |
| B. | They shall adopt jointly; |
| C. | They must adopt jointly; |
| D. | They may adopt jointly. |
| Answer» C. They must adopt jointly; | |