CIVIL LAW

2011 BAR MCQ SET A

(1)When does a declaration of absence of a missing person take effect?

(A) Immediately from the issuance of the declaration of absence.

(B) 3 months after the publication of the declaration of absence.

(C) 6 months after the publication of the declaration of absence.

(D) 15 days from the issuance of the declaration of absence.

(2) The authority that school administrators exercise over school children under their supervision,
instruction, or custody is called

(A) legal parental authority.

(B) substitute parental authority.

(C) ordinary parental authority.

(D) special parental authority.

(3) Can future inheritance be the subject of a contract of sale?

(A) No, since it will put the predecessor at the risk of harm from a tempted buyer, contrary to
public policy.

(B) Yes, since the death of the decedent is certain to occur.

(C) No, since the seller owns no inheritance while his predecessor lives.

(D) Yes, but on the condition that the amount of the inheritance can only be ascertained after
the obligations of the estate have been paid.

(4) Upon the proposal of a third person, a new debtor substituted the original debtor without the latter’s
consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and
defaulted in his obligation. What is the effect of the new debtor’s default upon the original debtor?

(A) The original debtor is freed of liability since novation took place and this relieved him of his
obligation.

(B) The original debtor shall pay or perform the obligation with recourse to the new debtor.

(C) The original debtor remains liable since he gave no consent to the substitution.

(D) The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment
on his part.
(5) Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager
downgraded her to economy on the ground that a Congressman had to be accommodated in the
business class. Lennie suffered the discomfort and embarrassment of the downgrade. She sued the
airlines for quasi-delict but Alta Airlines countered that, since her travel was governed by a contract
between them, no quasi-delict could arise. Is the airline correct?

(A) No, the breach of contract may in fact be tortious as when it is tainted as in this case with
arbitrariness, gross bad faith, and malice.

(B) No, denying Lennie the comfort and amenities of the business class as provided in the
ticket is a tortious act.

(C) Yes, since the facts show a breach of contract, not a quasi-delict.

(D) Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation
between the parties.

(6) Which of the following is an indispensable requirement in an action for "quieting of title" involving
real property? The plaintiff must

(A) be in actual possession of the property.

(B) be the registered owner of the property.

(C) have legal or equitable title to the property.

(D) be the beneficial owner of the property.

(7) X and Y were to marry in 3 months. Meantime, to express his affection, X donated a house and lot
to Y, which donation X wrote in a letter to Y. Y wrote back, accepting the donation and took possession
of the property. Before the wedding, however, Y suddenly died of heart attack. Can Y’s heirs get the
property?

(A) No, since the marriage did not take place.

(B) Yes, since all the requisites of a donation of an immovable are present.

(C) No, since the donation and its acceptance are not in a public instrument.

(D) Yes, since X freely donated the property to Y who became its owner.

(8) Rene and Lily got married after a brief courtship. After one month, Lily discovered that while Rene
presented himself as a macho man he was actually gay. He would not go to bed with her. He kept
obscene magazines of nude men and always sought the company of handsome boys. What legal
remedy does Lily have?

(A) She can file an action for annulment of marriage on ground of fraud.

(B) She can seek a declaration of nullity of the marriage based on Rene’s psychological
incapacity.
 (C) She can go abroad and file for divorce in a country that can grant it.

(D) She has none since she had the opportunity to examine the goods and freely entered into
the marriage.

(9) Lucio executed a simple deed of donation of P50 million on time deposit with a bank in favor of A,
B, C, D, and E, without indicating the share of each donee. All the donees accepted the donation in
writing. A, one of the donees, died. Will B, C, D, and E get A’s share in the money?

(A) Yes, accretion will automatically apply to the joint-donees in equal shares.

(B) Yes, since the donor’s intention is to give the whole of P50 million to the jointdonees in
equal shares.

(C) No, A"s share will revert to the donor because accretion applies only if the joint-donees
are spouses.

(D) No, A’s share goes to his heirs since the donation did not provide for reversion to donor.

(10) Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before the land could be
partitioned, however, Raul sold his hereditary right to Raffy, a stranger to the family, for P5 million. Do
Ester and Rufus have a remedy for keeping the land within their family?

(A) Yes, they may be subrogated to Raffy’s right by reimbursing to him within the required time
what he paid Raul.

(B) Yes, they may be subrogated to Raffy’s right provided they buy him out before he registers
the sale.

(C) No, they can be subrogated to Raffy’s right only with his conformity.

(D) No, since there was no impediment to Raul selling his inheritance to a stranger.

(11) When one exercises a right recognized by law, knowing that he thereby causes an injustice to
another, the latter is entitled to recover damages. This is known as the principle of

(A) res ipsa loquitur.

(B) damnum absque injuria.

(C) vicarious liability.

(D) abuse of rights.

(12) Which of the following is NOT a basis for rendering a disinheritance defective or imperfect?

(A) Its cause comes from the guilt of a spouse in a legal separation case, the innocent-spouse
having died.

(B) The truth of its cause is denied and not sufficiently proved by evidence.
 (C) Its cause is not authorized by the law.

(D) Its cause is not specified.

(13) Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been
previously convicted in Palawan of theft and served time for it. After Marianne learned of his previous
conviction, she stopped living with him. Can Marianne seek the annulment of the marriage based on
Manuel’s nondisclosure of his previous crime?

(A) No, since the assumption is that marriage forgives all past wrongs.

(B) Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground for
annulment.

(C) No, in case of doubt, the law must be construed to preserve the institution of marriage.

(D) No, since Manuel already served the penalty for his crime.

(14) Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later worked in Rome
where he acquired Italian citizenship. He got a divorce from Helen in Rome but, on returning to the
Philippines, he realized his mistake, asked forgiveness of his wife, and resumed living with her. They
had 2 more children. What is the status of their 4 children?

(A) The children born before the divorce are legitimate but those born after it are not since
Arthur got the divorce when he had ceased to be a Filipino.

(B) The divorce rendered illegitimate the children born before it since the marriage that begot
them had been nullified.

(C) The children born before and after the divorce are all legitimate since Philippine law does
not recognize divorce.

(D) All the children are legitimate since they were born of the same father and mother.

(15) Who can make a donation?

(A) All persons who can enter into contracts and dispose of their property.

(B) All persons who are of legal age and suffer from no civil interdiction.

(C) All persons who can make a last will and testament.

(D) All persons, whether natural or artificial, who own property.

(16) The liability of the partners, including industrial partners for partnership contracts entered into in
its name and for its account, when all partnership assets have been exhausted is

(A) Pro-rata.

(B) Joint.
 (C) Solidary.

(D) Voluntary.

(17) When can a missing person who left someone to administer his property be declared an absentee
by the court? When he has been missing for

(A) 2 years from the receipt of the last news about him.

(B) 7 years from the receipt of the last news about him.

(C) 10 years from the receipt of the last news about him.

(D) 5 years from the receipt of the last news about him.

(18) Which of the following claims against the debtor enjoys preference over the others with respect
to his specific immovable property and real rights?

(A) Unpaid price of real property sold, upon the immovable property.

(B) Mortgage credits recorded in the registry of property, upon the mortgaged real estate.

(C) Taxes due, upon the land or building.

(D) Expenses for the preservation and improvement of property, when the law authorizes
reimbursement, upon the preserved or improved immovable.

(19) When bilateral contracts are vitiated with vices of consent, they are rendered

(A) rescissible.

(B) void.

(C) unenforceable.

(D) voidable.

(20) An agent, authorized by a special power of attorney to sell a land belonging to the principal
succeeded in selling the same to a buyer according to the instructions given the agent. The agent
executed the deed of absolute sale on behalf of his principal two days after the principal died, an event
that neither the agent nor the buyer knew at the time of the sale. What is the standing of the sale?

(A) Voidable.

(B) Valid.

(C) Void.

(D) Unenforceable.
(21) Spouses A and B leased a piece of land belonging to B's parents for 25 years. The spouses built
their house on it worth P300,000.00. Subsequently, in a case that C filed against A and B, the court
found the latter liable to C for P200,000.00. When the sheriff was attaching their house for the
satisfaction of the judgment, A and B claimed that it was exempt from execution, being a family home.
Is this claim correct?

(A) Yes, because while B’s parents own the land, they agreed to have their daughter build her
family home on it.

(B) No, because there is no judicial declaration that it is a family home.

(C) No, since the land does not belong to A and B, it cannot qualify as a family home.

(D) Yes, because the A and B’s family actually lives in that house.

(22) Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable in installments of
P10 million per month with 6% interest per annum. Solomon married Lorna after 5 months and they
chose conjugal partnership of gains to govern their property relations. When they married, Aragon had
an unpaid balance of P50 million plus interest in Solomon’s favor. To whom will Aragon’s monthly
payments go after the marriage?

(A) The principal shall go to the conjugal partnership but the interests to Solomon.

(B) Both principal and interests shall go to Solomon since they are his exclusive properties.

(C) Both principal and interests shall go to the conjugal partnership since these become due
after the marriage.

(D) The principal shall go to Solomon but the interests to the conjugal partnership.

(23) X and Y, although not suffering from any impediment, cohabited as husband and wife without the
benefit of marriage. Following the birth of their child, the couple got married. A year after, however,
the court annulled the marriage and issued a decree of annulment. What is the present status of the
child?

(A) Legitimated.

(B) Illegitimate.

(C) Natural child.

(D) Legitimate.

(24) When A and B married, they chose conjugal partnership of gains to govern their property relations.
After 3 years, B succeeded in getting her marriage to A annulled on ground of the latter’s psychological
incapacity. What liquidation procedure will they follow in disposing of their assets?

(A) They will follow the rule governing the liquidation of a conjugal partnership of gains where
the party who acted in bad faith forfeits his share in the net profits.
 (B) Since the marriage has been declared void, the rule for liquidation of absolute community
of property shall be followed.

(C) The liquidation of a co-ownership applies since the annulment brought their property
relation under the chapter on property regimes without marriage.

(D) The law on liquidation of partnerships applies.

(25) X and Y agreed verbally before their marriage (a) on the paternity of the illegitimate child of Y and
(b) on the economic regime that will govern X and Y’s property relations. Is the verbal agreement
valid?

(A) No, because a marriage settlement to be valid should be in writing.

(B) Yes, since ante-nuptial agreements need not be in writing.

(C) No, because a marriage settlement cannot include an agreement on the paternity of an
illegitimate child.

(D) Yes, since even if it is not a valid marriage settlement, it is a valid verbal contract.

(26) Spouses X and Y have a minor daughter, Z, who needs support for her education. Both X and Y,
who are financially distressed, could not give the needed support to Z. As it happens, Z’s other relatives
are financially capable of giving that support. From whom may Z first rightfully demand support? From
her

(A) grandfather.

(B) brother.

(C) uncle.

(D) first cousin.

(27) Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria confessed to
Fidel that she was two-month pregnant with the child of a black African who had left the country for
good. When the child was born, Fidel could not accept it being too black in complexion. What is the
status of the child?

(A) Illegitimate, because Gloria confessed that the child is not Fidel’s.

(B) Illegitimate, because by the color of its skin, the child could not possibly be that of Fidel.

(C) Legitimate, because the child was born within a valid marriage.

(D) Legitimate, because Fidel agreed to treat the child as his own after Gloria told him who the
father was.

(28) The husband’s acts of forcibly ejecting his wife without just cause from the conjugal dwelling and
refusing to take her back constitutes
 (A) desertion.

(B) recrimination.

(C) constructive abandonment.

(D) de facto separation.

(29) In his will, the testator designated X as a legatee to receive P2 million for the purpose of buying
an ambulance that the residents of his Barangay can use. What kind of institution is this?

(A) a fideicomissary institution.

(B) a modal institution.

(C) a conditional institution.

(D) a collective institution.

(30) X insured himself for P5 million, designating Y, his wife, as his sole beneficiary. The designation
was irrevocable. A few years later, X had their marriage annulled in court on the ground that Y had an
existing prior marriage. X subsequently died, Is Y entitled to the insurance benefits?

(A) Yes, since the insurance was not dependent on the marriage.

(B) Yes, since her designation as beneficiary was irrevocable.

(C) No, X’s designation of Y is revoked by operation of law upon the annulment of their
marriage based on Y’s fault.

(D) Yes, since without judicial revocation, X’s designation of Y remains valid and binding.

(31) May a spouse freely donate communal or conjugal property without the consent of the other?

(A) Absolutely not, since the spouses co-own such property.

(B) Yes, for properties that the family may spare, regardless of value.

(C) Yes, provided the donation is moderate and intended for charity or family rejoicing.

(D) Yes, in a donation mortis causa that the donor may still revoke in his lifetime.

(32) The decedent died intestate leaving an estate of P10 million. He left the following heirs: a) Marlon,
a legitimate child and b) Cecilia, the legal spouse. Divide the estate.

(A) Marlon gets 1/4 and Cecilia gets 3/4.

(B) Marlon gets 2/3 and Cecilia 1/3.

(C) Marlon gets 1/2 and Cecilia gets 1/2.

 (D) Marlon gets 3/4 and Cecilia 1/4.

(33) Contracts take effect only between the parties or their assigns and heirs, except where the rights
and obligations arising from the contract are not transmissible by their nature, by stipulation, or by
provision of law. In the latter case, the assigns or the heirs are not bound by the contracts. This is
known as the principle of

(A) Relativity of contracts.

(B) Freedom to stipulate.

(C) Mutuality of contracts.

(D) Obligatory force of contracts.

(34) A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered 6,000 apples.
What are the rights and obligations of the buyer?

(A) He can accept all 6,000 apples and pay the seller at P20 per apple.

(B) He can accept all 6,000 apples and pay a lesser price for the 1,000 excess apples.

(C) He can keep the 6,000 apples without paying for the 1,000 excess since the seller delivered
them anyway.

(D) He can cancel the whole transaction since the seller violated the terms of their agreement.

(35) Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five
lots he owns, without specifying which lot it was, for the price of P1 million. Later, the parties could not
agree which of five lots he owned Lino undertook to sell to Ramon. What is the standing of the
contract?

(A) Unenforceable.

(B) Voidable.

(C) Rescissible.

(D) Void.

(36) Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter
about it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects.
Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus
damages?

(A) Yes. X is liable whether or not he was aware of the hidden defect.

(B) Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing
the fact to Y.
 (C) No, because Y is in estoppel, having changed engine without prior demand.

(D) No, because Y waived the warranty against hidden defects.

(37) Acme Cannery produced sardines in cans known as "Sards." Mylene bought a can of Sards from
a store, ate it, and suffered from poisoning caused by a noxious substance found in the sardines.
Mylene filed a case for damages against Acme. Which of the following defenses will hold?

(A) The expiry date of the "Sards" was clearly printed on its can, still the store sold and Mylene
bought it.

(B) Mylene must have detected the noxious substance in the sardines by smell, yet she still
ate it.

(C) Acme had no transaction with Mylene; she bought the "Sards" from a store, not directly
from Acme.

(D) Acme enjoys the presumption of safeness of its canning procedure and Mylene has not
overcome such presumption.

(38) Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain
of the legacy of P100 Million in her favor becoming a nullity. But a year after Fernando’s death, Marina
was so overwhelmed with love that she married another man. Is she entitled to the legacy, the amount
of which is well within the capacity of the disposable free portion of Fernando’s estate?

(A) Yes, since the prohibition against remarrying is absolute, it is deemed not written.

(B) Yes, because the prohibition is inhuman and oppressive and violates Marina’s rights as a
free woman.

(C) No, because the nullity of the prohibition also nullifies the legacy.

(D) No, since such prohibition is authorized by law and is not repressive; she could remarry
but must give up the money.

(39) X, the owner, constituted a 10-year usufruct on his land as well as on the building standing on it
in Y’s favor. After flood totally destroyed the building 5 years later, X told Y that an act of God
terminated the usufruct and that he should vacate the land. Is X, the owner of the land, correct?

(A) No, since the building was destroyed through no fault of Y.

(B) No, since Y still has the right to use the land and the materials left on it.

(C) Yes, since Y cannot use the land without the building.

(D) Yes, since the destruction of the building without the X’s fault terminated the usufruct.

(40) In gratitude, the groom’s parents made a donation of a property in writing to the bride’s parents
shortly before their children’s wedding. The donation was accepted. What is the nature of the
donation?
 (A) It is an ordinary donation since it was not given to the bride or groom.

(B) It is donation propter nuptias since it was given with the marriage in mind.

(C) It is an indirect donation propter nuptias since the bride would eventually inherit the
property from her parents.

(D) It is a remunatory donation.

(41) X and Y, both Filipinos, were married and resided in Spain although they intend to return to the
Philippines at some future time. They have not executed any marriage settlements. What law governs
their property relations?

(A) They may choose between Spanish law and Philippine law.

(B) Philippine law since they are both Filipinos.

(C) No regime of property relations will apply to them.

(D) Spanish law since they live in Spain.

(42) Birth determines personality. Death extinguishes it. Under what circumstances may the
personality of a deceased person continue to exist?

(A) In case of re-appearance of a missing person presumed dead.

(B) In protecting the works of a deceased under intellectual property laws.

(C) In case of declaration of presumptive death of a missing spouse.

(D) In the settlement of the estate of a deceased person.

(43) Six tenants sued X, the landowner, for willfully denying them water for their farms, which water
happened to flow from land under X’s control, his intention being to force them to leave his properties.
Is X liable for his act and why?

(A) No, because the tenants must be content with waiting for rainfall for their farms.

(B) No, since X owns both the land and the water.

(C) Yes, because the tenants’ farms have the natural right of access to water wherever it is
located.

(D) Yes, since X willfully caused injury to his tenants contrary to morals, good customs or
public policy.

(44) Illegitimate brothers and sisters, whether of full or half-blood, are bound to support each other,
EXCEPT when

(A) the brother or sister who needs support lives in another place.
 (B) such brothers and sisters are not recognized by their father.

(C) the brother or sister in need stops schooling without valid reason.

(D) the need for support of a brother or sister, already of age, is due to the latter's fault.

(45) Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year old child,
surreptitiously entered the garden and merrily romped around the ledges of the pool. He accidentally
tripped, fell into the pool, and drowned. MB’s parents sued Virgilio for damages arising from their
child’s death, premised on the principle of "attractive nuisance". Is Virgilio liable for the death of MB?

(A) No, the child was 7 years old and knew the dangers that the pool offered.

(B) Yes, being an attractive nuisance, Virgilio had the duty to prevent children from coming
near it.

(C) No, since the pool was bare and had no enticing or alluring gadgets, floats, or devices in it
that would attract a 7-year old child.

(D) Yes, since Virgilio did not cover the swimming pool while not in use to prevent children
from falling into it.

(46) The term of a 5-year lease contract between X the lessor and Y the lessee, where rents were
paid from month to month, came to an end. Still, Y continued using the property with X’s consent. In
such a case, it is understood that they impliedly renewed the lease

(A) from month to month under the same conditions as to the rest.

(B) under the same terms and conditions as before.

(C) under the same terms except the rent which they or the court must fix.

(D) for only a year, with the rent raised by 10% pursuant to the rental control law.

(47) Rex, a philanthropist, donated a valuable lot to the municipality on the condition that it will build a
public school on such lot within 2 years from its acceptance of the donation. The municipality properly
accepted the donation but did not yet build the public school after 2 years. Can Rex revoke the
donation?

(A) Yes, since the donation is subject to a resolutory condition which was not fulfilled.

(B) No, but Rex is entitled to recover the value of the land from the municipality.

(C) No, the transfer of ownership has been completed.

(D) Yes, the donation is not deemed made until the suspensive condition has been fulfilled.

(48) Illegitimate children, those not recognized by their biological fathers, shall use the surname of
their
 (A) biological father subject to no condition.

(B) mother or biological father, at the mother’s discretion.

(C) mother.

(D) biological father unless he judicially opposes it.

(49) Asiong borrowed P1 million from a bank, secured by a mortgage on his land. Without his consent,
his friend Boyong paid the whole loan. Since Asiong benefited from the payment, can Boyong compel
the bank to subrogate him in its right as mortgagee of Asiong's land?

(A) No, but the bank can foreclose and pay Boyong back.

(B) No, since Boyong paid for Asiong’s loan without his approval.

(C) Yes, since a change of creditor took place by novation with the bank’s consent.

(D) Yes, since it is but right that Boyong be able to get back his money and, if not, to foreclose
the mortgage in the manner of the bank.

(50) Congress passed a law imposing taxes on income earned out of a particular activity that was not
previously taxed. The law, however, taxed incomes already earned within the fiscal year when the law
took effect. Is the law valid?

(A) No, because laws are intended to be prospective, not retroactive.

(B) No, the law is arbitrary in that it taxes income that has already been spent.

(C) Yes, since tax laws are the lifeblood of the nation.

(D) Yes, tax laws are an exception; they can be given retroactive effect.

(51) Rudolf borrowed P1 million from Rodrigo and Fernando who acted as solidary creditors. When
the loan matured, Rodrigo wrote a letter to Rudolf, demanding payment of the loan directly to him.
Before Rudolf could comply, Fernando went to see him personally to collect and he paid him. Did
Rudolf make a valid payment?

(A) No, since Rudolf should have split the payment between Rodrigo and Fernando.

(B) No, since Rodrigo, the other solidary creditor, already made a prior demand for payment
from Rudolf.

(C) Yes, since the payment covers the whole obligation.

(D) Yes, since Fernando was a solidary creditor, payment to him extinguished the obligation.

(52) What happens to the property regimes that were subsisting under the New Civil Code when the
Family Code took effect?
 (A) The original property regimes are immutable and remain effective.

(B) Those enjoying specific regimes under the New Civil Code may adopt the regime of
absolute community of property under the Family Code.

(C) Those that married under the New Civil Code but did not choose any of its regimes shall
now be governed by the regime of absolute community of property.

(D) They are superseded by the Family Code which has retroactive effect.

(53) The testator executed a will following the formalities required by the law on succession without
designating any heir. The only testamentary disposition in the will is the recognition of the testator's
illegitimate child with a popular actress. Is the will valid?

(A) Yes, since in recognizing his illegitimate child, the testator has made him his heir.

(B) No, because the non-designation of heirs defeats the purpose of a will.

(C) No, the will comes to life only when the proper heirs are instituted.

(D) Yes, the recognition of an illegitimate heir is an ample reason for a will.

(54) A left B, his wife, in the Philippines to work in Egypt but died in that country after a year’s
continuous stay. Two months after A’s death, B gave birth to a child, claiming it is A’s child. Who can
assail the legitimacy of the child?

(A) A’s other heirs apart from B.

(B) The State which has interest in the welfare of overseas contract workers.

(C) Any one who is outraged by B’s claim.

(D) No one since A died.

(55) QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry
them on the beach of Boracay. Since the Judge maintained Boracay as his residence, he agreed. The
sponsors were all public officials. What is the status of the marriage.

(A) Valid, since the improper venue is merely an irregularity; all the elements of a valid
marriage are present.

(B) Void, because the couple did not get local permit for a beach wedding.

(C) Voidable, because the Judge acted beyond his territorial jurisdiction and is administratively
liable for the same.

(D) Void, because the Judge did not solemnize the marriage within the premises of his court.

(56) X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by the
Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know that they were first
cousins because their mothers, who were sisters, were separated when they were quite young. Since
X did not want to continue with the relation when he heard of it, he left Y, came to the Philippines and
married Z. Can X be held liable for bigamy?

(A) No since X’s marriage to Y is void ab initio or did not exist.

(B) No since X acted in good faith, conscious that public policy did not approve of marriage
between first cousins.

(C) Yes since he married Z without first securing a judicial declaration of nullity of his marriage
to Y.

(D) Yes since his first marriage to Y in Los Angeles is valid.

(57) Allan bought Billy’s property through Carlos, an agent empowered with a special power of attorney
(SPA) to sell the same. When Allan was ready to pay as scheduled, Billy called, directing Allan to pay
directly to him. On learning of this, Carlos, Billy's agent, told Allan to pay through him as his SPA
provided and to protect his commission. Faced with two claimants, Allan consigned the payment in
court. Billy protested, contending that the consignation is ineffective since no tender of payment was
made to him. Is he correct?

(A) No, since consignation without tender of payment is allowed in the face of the conflicting
claims on the plaintiff.

(B) Yes, as owner of the property sold, Billy can demand payment directly to himself.

(C) Yes, since Allan made no announcement of the tender.

(D) Yes, a tender of payment is required for a valid consignation.

(58) X sold Y 100 sacks of rice that Y was to pick up from X’s rice mill on a particular date. Y did not,
however, appear on the agreed date to take delivery of the rice. After one week, X automatically
rescinded the sale without notarial notice to Y. Is the rescission valid?

(A) Yes, automatic rescission is allowed since, having the character of movables and
consumables, rice can easily deteriorate.

(B) No, the buyer is entitled to a customary 30-day extension of his obligation to take delivery
of the goods.

(C) No, since there was no express agreement regarding automatic rescission.

(D) No, the seller should first determine that Y was not justified in failing to appear.

(59) The wife filed a case of legal separation against her husband on the ground of sexual infidelity
without previously exerting earnest efforts to come to a compromise with him. The judge dismissed
the case for having been filed without complying with a condition precedent. Is the dismissal proper?

(A) No, efforts at a compromise will only deepen the wife’s anguish.
 (B) No, since legal separation like validity of marriage is not subject to compromise agreement
for purposes of filing.

(C) Yes, to avoid a family feud that is hurtful to everyone.

(D) Yes, since the dispute could have been settled with the parties agreeing to legal
separation.

(60) An Australian living in the Philippines acquired shares of stock worth P10 million in food
manufacturing companies. He died in Manila, leaving a legal wife and a child in Australia and a live-in
partner with whom he had two children in Manila. He also left a will, done according to Philippine laws,
leaving all his properties to his live-in partner and their children. What law will govern the validity of the
disposition in the will?

(A) Australia law since his legal wife and legitimate child are Australians and domiciled in
Australia.

(B) Australian law since the intrinsic validity of the provisions of a will is governed by the
decedent’s national law.

(C) Philippine law since the decedent died in Manila and he executed his will according to such
law.

(D) Philippine law since the decedent’s properties are in the Philippines.

(61) X bought a land from Y, paying him cash. Since they were friends, they did not execute any
document of sale. After 7 years, the heirs of X asked Y to execute a deed of absolute sale to formalize
the verbal sale to their father. Unwilling to do so, X’s heirs filed an action for specific performance
against Y. Will their action prosper?

(A) No, after more than 6 years, the action to enforce the verbal agreement has already
elapsed.

(B) No, since the sale cannot under the Statute of Frauds be enforced.

(C) Yes, since X bought the land and paid Y for it.

(D) Yes, after full payment, the action became imprescriptible.

(62) A court declared Ricardo, an old bachelor, an absentee and appointed Cicero administrator of his
property. After a year, it was discovered that Ricardo had died abroad. What is the effect of the fact of
his death on the administration of his property?

(A) With Ricardo no longer an absentee but a deceased person, Cicero will cease to be
administrator of his properties.

(B) The administration shall be given by the court having jurisdiction over the intestate
proceedings to a new administrator whom it will appoint.

(C) Cicero automatically becomes administrator of Ricardo’s estate until judicially relieved.
 (D) Cicero’s alienations of Ricardo's property will be set aside.

(63) Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the
validity of their marriage two years after the intimidation ceased, Judy decided in the meantime to
freely cohabit with Baldo. After more than 5 years following their wedding, Judy wants to file a case
for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper?

(A) Yes, the action for annulment is imprescriptible.

(B) No, since the marriage was merely voidable and Judy ratified it by freely cohabiting with
Baldo after the force and intimidation had ceased .

(C) No, since the action prescribed 5 years from the date of the celebration of the marriage.

(D) Yes, because the marriage was celebrated without Judy's consent freely given.

(64) Is the wife who leaves her husband without just cause entitled to support?

(A) No, because the wife must always be submissive and respectful to the husband.

(B) Yes. The marriage not having been dissolved, the husband continues to have an obligation
to support his wife.

(C) No, because in leaving the conjugal home without just cause, she forfeits her right to
support.

(D) Yes, since the right to receive support is not subject to any condition.

(65) In the order of intestate succession where the decedent is legitimate, who is the last intestate
heirs or heir who will inherit if all heirs in the higher level are disqualified or unable to inherit?

(A) Nephews and nieces.

(B) Brothers and sisters.

(C) State.

(D) Other collateral relatives up to the 5th degree of consanguinity.

(66) Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in Subic.
Before they could deliver it, however, the boat sank in a storm. The contract provides that fortuitous
event shall not exempt Roy and Carlos from their obligation. Owing to the loss of the motor boat, such
obligation is deemed converted into one of indemnity for damages. Is the liability of Roy and Carlos
joint or solidary?

(A) Neither solidary nor joint since they cannot waive the defense of fortuitous event to which
they are entitled.

(B) Solidary or joint upon the discretion of Sam.

 (C) Solidary since Roy and Carlos failed to perform their obligation to deliver the motor boat.

(D) Joint since the conversion of their liability to one of indemnity for damages made it joint.

(67) Joanne married James, a person with no known relatives. Through James' hard work, he and his
wife Joane prospered. When James died, his estate alone amounted to P100 million. If, in his will,
James designates Joanne as his only heir, what will be the free portion of his estate.

(A) Joanne gets all; estate has no free portion left.

(B) Joanne gets 1/2; the other half is free portion.

(C) Joanne gets 1/3; the remaining 2/3 is free portion.

(D) Joanne gets 1/4; the remaining 3/4 is free portion.

(68) A warranty inherent in a contract of sale, whether or not mentioned in it, is known as the

(A) warranty on quality.

(B) warranty against hidden defects.

(C) warranty against eviction.

(D) warranty in merchantability.

(69) The doctrine of stare decisis prescribes adherence to precedents in order to promote the stability
of the law. But the doctrine can be abandoned

(A) When adherence to it would result in the Government’s loss of its case.

(B) When the application of the doctrine would cause great prejudice to a foreign national.

(C) When necessary to promote the passage of a new law.

(D) When the precedent has ceased to be beneficial and useful.

(70) Ric and Josie, Filipinos, have been sweethearts for 5 years. While working in a European country
where the execution of joint wills are allowed, the two of them executed a joint holographic will where
they named each other as sole heir of the other in case either of them dies. Unfortunately, Ric died a
year later. Can Josie have the joint will successfully probated in the Philippines?

(A) Yes, in the highest interest of comity of nations and to honor the wishes of the deceased.

(B) No, since Philippine law prohibits the execution of joint wills and such law is binding on Ric
and Josie even abroad.

(C) Yes, since they executed their joint will out of mutual love and care, values that the
generally accepted principles of international law accepts.
 (D) Yes, since it is valid in the country where it was executed, applying the principle of "lex loci
celebrationis."

(71) ML inherited from his father P5 million in legitime but he waived it in a public instrument in favor
of his sister QY who accepted the waiver in writing. But as it happened, ML borrowed P6 million from
PF before the waiver. PF objected to the waiver and filed an action for its rescission on the ground
that he had the right to ML’s P5 million legitime as partial settlement of what ML owed him since ML
has proved to be insolvent. Does PF, as creditor, have the right to rescind the waiver?

(A) No, because the waiver in favor of his sister QY amounts to a donation and she already
accepted it.

(B) Yes, because the waiver is prejudicial to the interest of a third person whose interest is
recognized by law.

(C) No, PF must wait for ML to become solvent and, thereafter, sue him for the unpaid loan.

(D) Yes, because a legitime cannot be waived in favor of a specific heir; it must be divided
among all the other heirs.

(72) While engaged to be married, Arnold and Josephine agreed in a public instrument to adopt out
the economic regime of absolute community of property. Arnold acknowledged in the same instrument
that Josephine’s daughter Mary, is his illegitimate child. But Josephine died before the marriage could
take place. Does the marriage settlement have any significance?

(A) None, since the instrument containing the marriage settlement is essentially void for
containing an unrelated matter.

(B) Yes, insofar as Arnold acknowledged Mary as his illegitimate child.

(C) None, since the marriage did not take place.

(D) Yes, if they acquired properties while living together as husband and wife.

(73) Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Illinois, USA, where the
marriage was valid. Their parents gave full consent to the marriage of their children. After three years,
Joseph filed a petition in the USA to promptly divorce Jenny and this was granted. When Joseph
turned 25 years, he returned to the Philippines and married Leonora. What is the status of this second
marriage?

(A) Void, because he did not cause the judicial issuance of declaration of the nullity of his first
marriage to Jenny before marrying Leonora.

(B) Valid, because Joseph's marriage to Jenny is void, he being only 17 years of age when he
married her.

(C) Valid, because his marriage to Leonora has all the elements of a valid marriage.

(D) Void, because Joseph is still considered married to Jenny since the Philippines does not
recognize divorce.
(74) T died intestate, leaving an estate of P9,000,000. He left as heirs three legitimate children,
namely, A, B, and C. A has two children, D and E. Before he died, A irrevocably repudiated his
inheritance from T in a public instrument filed with the court. How much, if any, will D and E, as A’s
children, get from T’s estate?

(A) Each of D and E will get P1,500,000 by right of representation since their father repudiated
his inheritance.

(B) Each of D and E will get P2,225,000 because they will inherit from the estate equally with
B and C.

(C) D and E will get none because of the repudiation; "B" and "C" will get A’s share by right of
accretion.

(D) Each of D and E will get P2,000,000 because the law gives them some advantage due to
the demise of "A".

(75) No decree of legal separation can be issued

(A) unless the children’s welfare is attended to first.

(B) without prior efforts at reconciliation shown to be futile.

(C) unless the court first directs mediation of the parties.

(D) without prior investigation conducted by a public prosecutor.

(76) X, who was abroad, phoned his brother, Y, authorizing him to sell X’s parcel of land in Pasay. X
sent the title to Y by courier service. Acting for his brother, Y executed a notarized deed of absolute
sale of the land to Z after receiving payment. What is the status of the sale?

(A) Valid, since a notarized deed of absolute sale covered the transaction and full payment
was made.

(B) Void, since X should have authorized agent Y in writing to sell the land.

(C) Valid, since Y was truly his brother X’s agent and entrusted with the title needed to effect
the sale.

(D) Valid, since the buyer could file an action to compel X to execute a deed of sale.

(77) In a true pacto de retro sale, the title and ownership of the property sold are immediately vested
in the vendee a retro subject only to the resolutory condition of repurchase by the vendor a retro within
the stipulated period. This is known as

(A) equitable mortgage.

(B) conventional redemption.

(C) legal redemption.

 (D) equity of redemption.

(78) A natural obligation under the New Civil Code of the Philippines is one which

(A) the obligor has a moral obligation to do, otherwise entitling the obligee to damages.

(B) refers to an obligation in writing to do or not to do.

(C) the obligee may enforce through the court if violated by the obligor.

(D) cannot be judicially enforced but authorizes the obligee to retain the obligor’s payment or
performance.

(79) The husband assumed sole administration of the family’s mango plantation since his wife worked
abroad. Subsequently, without his wife’s knowledge, the husband entered into an antichretic
transaction with a company, giving it possession and management of the plantation with power to
harvest and sell the fruits and to apply the proceeds to the payment of a loan he got. What is the
standing of the contract?

(A) It is void in the absence of the wife’s consent.

(B) It is void absent an authorization from the court.

(C) The transaction is void and can neither be ratified by the wife nor authorized by the court.

(D) It is considered a continuing offer by the parties, perfected only upon the wife’s acceptance
or the court’s authorization.

(80) When the donor gives donations without reserving sufficient funds for his support or for the
support of his dependents, his donations are

(A) Rescissible, since it results in economic lesion of more than 25% of the value of his
properties.

(B) Voidable, since his consent to the donation is vitiated by mindless kindness.

(C) Void, since it amounts to wanton expenditure beyond his means.

(D) Reducible to the extent that the donations impaired the support due to himself and his
dependents.

(81) Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on due date. Bessy
sent a demand letter to Anne giving her 5 days from receipt within which to pay. Two days after receipt
of the letter, Anne personally offered to pay Bessy in manager's check but the latter refused to accept
the same. The 5 days lapsed. May Anne’s obligation be considered extinguished?

(A) Yes, since Bessy’s refusal of the manager’s check, which is presumed funded, amounts to
a satisfaction of the obligation.
 (B) No, since tender of payment even in cash, if refused, will not discharge the obligation
without proper consignation in court.

(C) Yes, since Anne tendered payment of the full amount due.

(D) No, since a manager’s check is not considered legal tender in the Philippines.

(82) The residents of a subdivision have been using an open strip of land as passage to the highway
for over 30 years. The owner of that land decided, however, to close it in preparation for building his
house on it. The residents protested, claiming that they became owners of the land through acquisitive
prescription, having been in possession of the same in the concept of owners, publicly, peacefully,
and continuously for more than 30 years. Is this claim correct?

(A) No, the residents have not been in continuous possession of the land since they merely
passed through it in going to the highway.

(B) No, the owner did not abandon his right to the property; he merely tolerated his neighbors’
use of it for passage.

(C) Yes, residents of the subdivision have become owners by acquisitive prescription.

(D) Yes, community ownership by prescription prevails over private claims.

(83) The owner of a thing cannot use it in a way that will injure the right of a third person. Thus, every
building or land is subject to the easement which prohibits its proprietor or possessor from committing
nuisance like noise, jarring, offensive odor, and smoke. This principle is known as

(A) Jus vindicandi.

(B) Sic utere tuo ut alienum non laedas.

(C) Jus dispondendi.

(D) Jus abutendi.

(84) Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifer’s business partner for
recovery of property with damages. The complaint did not allege that Janice exerted earnest efforts to
come to a compromise with the defendants and that such efforts failed. The judge dismissed the
complaint outright for failure to comply with a condition precedent. Is the dismissal in order?

(A) No, since Laura is a stranger to the sisters, Janice has no moral obligation to settle with
her.

(B) Yes, since court should promote amicable settlement among relatives.

(C) Yes, since members of the same family, as parties to the suit, are required to exert earnest
efforts to settle their disputes before coming to court.

(D) No, the family council, which would ordinarily mediate the dispute, has been eliminated
under the Family Code.
(85) X borrowed money from a bank, secured by a mortgage on the land of Y, his close friend. When
the loan matured, Y offered to pay the bank but it refused since Y was not the borrower. Is the bank’s
action correct?

(A) Yes, since X, the true borrower, did not give his consent to Y’s offer to pay.

(B) No, since anybody can discharge X’s obligation to his benefit.

(C) No, since Y, the owner of the collateral, has an interest in the payment of the obligation.

(D) Yes, since it was X who has an obligation to the bank.

(86) The right of a mortgagor in a judicial foreclosure to redeem the mortgaged property after his
default in the performance of the conditions of the mortgage but before the sale of the mortgaged
property or confirmation of the sale by the court, is known as

(A) accion publiciana.

(B) equity of redemption.

(C) pacto de retro.

(D) right of redemption.

(87) When does the regime of conjugal partnership of gains begin to exist?

(A) At the moment the parties take and declare each other as husband and wife before
officiating officer.

(B) At the time the spouses acquire properties through joint efforts.

(C) On the date the future spouses executed their marriage settlements because this is the
starting point of their marital relationship.

(D) On the date agreed upon by the future spouses in their marriage settlements since their
agreement is the law between them.

(88) Josie, 18, married Dante, 25, without her parents’ knowledge and consent, and lived with him.
After a year, Josie returned to her parents’ home, complained of the unbearable battering she was
getting from Dante, and expressed a desire to have her marriage with him annulled. Who may bring
the action?

(A) Dante.

(B) Her parents.

(C) Josie herself.

(D) The State.

(89) X, a married man, cohabited with Y, an unmarried woman. Their relation bore them BB, a baby
boy. Subsequently, after X became a widower, he married Y. Was BB legitimated by that marriage?

(A) Yes, since his parents are now lawfully married.

(B) Yes, since he is an innocent party and the marriage rectified the wrong done him.

(C) No, since once illegitimate, a child shall always remain illegitimate.

(D) No, since his parents were not qualified to marry each other when he was conceived.

(90) The presence of a vice of consent vitiates the consent of a party in a contract and this renders
the contract

(A) Rescissible.

(B) Unenforceable.

(C) Voidable.

(D) Void.

(91) Can common-law spouses donate properties of substantial value to one another?

(A) No, they are only allowed to give moderate gifts to each other during family rejoicing.

(B) No, they cannot give anything of value to each other to prevent placing their legitimate
relatives at a disadvantage.

(C) Yes, unlike the case of legally married spouses, such donations are not prohibited.

(D) Yes, as long as they leave sufficient property for themselves and for their dependents.

(92) X owed Y P1.5 million. In his will, X gave Y legacy of P1 million but the will provided that this
legacy is to be set off against the P1.5 million X owed Y. After the set off, X still owed Y P500,000.
Can Y still collect this amount?

(A) Yes, because the designation of Y as legatee created a new and separate juridical
relationship between them, that of testator-legatee.

(B) It depends upon the discretion of the probate court if a claim is filed in the testate
proceedings.

(C) No, because the intention of the testator in giving the legacy is to abrogate his entire
obligation to Y.

(D) No, because X had no instruction in his will to deliver more than the legacy of P1 million to
Y.
(93) Josie owned a lot worth P5 million prior to her marriage to Rey. Subsequently, their conjugal
partnership spent P3 million for the construction of a house on the lot. The construction resulted in an
increase in the value of the house and lot to P9 million. Who owns the house and the lot?

(A) Josie and the conjugal partnership of gains will own both on a 50-50 basis.

(B) Josie will own both since the value of the house and the increase in the property’s value is
less than her lot’s value; but she is to reimburse conjugal partnership expenses.

(C) Josie still owns the lot, it being her exclusive property, but the house belongs to the
conjugal partnership.

(D) The house and lot shall both belong to the conjugal partnership, with Josie entitled to
reimbursement for the value of the lot.

(94) An action for reconveyance of a registered piece of land may be brought against the owner
appearing on the title based on a claim that the latter merely holds such title in trust for the plaintiff.
The action prescribes, however, within 10 years from the registration of the deed or the date of the
issuance of the certificate of title of the property as long as the trust had not been repudiated. What is
the exception to this 10-year prescriptive period?

(A) When the plaintiff had no notice of the deed or the issuance of the certificate of title.

(B) When the title holder concealed the matter from the plaintiff.

(C) When fortuitous circumstances prevented the plaintiff from filing the case sooner.

(D) When the plaintiff is in possession of the property.

(95) Conrad and Linda, both 20 years old, applied for a marriage license, making it appear that they
were over 25. They married without their parents’ knowledge before an unsuspecting judge. After the
couple has been in cohabitation for 6 years, Linda’s parents filed an action to annul the marriage on
ground of lack of parental consent. Will the case prosper?

(A) No, since only the couple can question the validity of their marriage after they became 21
of age; their cohabitation also convalidated the marriage.

(B) No, since Linda’s parents made no allegations that earnest efforts have been made to
come to a compromise with Conrad and Linda and which efforts failed.

(C) Yes, since the marriage is voidable, the couple being below 21 years of age when they
married.

(D) Yes, since Linda’s parents never gave their consent to the marriage.

(96) Pepito executed a will that he and 3 attesting witnesses signed following the formalities of law,
except that the Notary Public failed to come. Two days later, the Notary Public notarized the will in his
law office where all signatories to the will acknowledged that the testator signed the will in the presence
of the witnesses and that the latter themselves signed the will in the presence of the testator and of
one another. Was the will validly notarized?
 (A) No, since it was not notarized on the occasion when the signatories affixed their signatures
on the will.

(B) Yes, since the Notary Public has to be present only when the signatories acknowledged
the acts required of them in relation to the will.

(C) Yes, but the defect in the mere notarization of the will is not fatal to its execution.

(D) No, since the notary public did not require the signatories to sign their respective
attestations again.

(97) Venecio and Ester lived as common-law spouses since both have been married to other persons
from whom they had been separated in fact for several years. Hardworking and bright, each earned
incomes from their respective professions and enterprises. What is the nature of their incomes?

(A) Conjugal since they earned the same while living as husband and wife.

(B) Separate since their property relations with their legal spouses are still subsisting.

(C) Co-ownership since they agreed to work for their mutual benefit.

(D) Communal since they earned the same as common-law spouses.

(98) What is the prescriptive period for filing an action for revocation of a donation based on acts of
ingratitude of the donee?

(A) 5 years from the perfection of the donation.

(B) 1 year from the perfection of the donation.

(C) 4 years from the perfection of the donation.

(D) Such action does not prescribe.

(99) Before Karen married Karl, she inherited P5 million from her deceased mother which amount she
brought into the marriage. She later used part of the money to buy a new Mercedes Benz in her name,
which Karen and her husband used as a family car. Is the car a conjugal or Karen’s exclusive property?

(A) It is conjugal property since the spouses use it as a family car.

(B) It is Karen’s exclusive property since it is in her name.

(C) It is conjugal property having been bought during the marriage.

(D) It is Karen’s exclusive property since she bought it with her own money.

(100) Because of X’s gross negligence, Y suffered injuries that resulted in the abortion of the foetus
she carried. Y sued X for, among other damages, P1 million for the death of a family member. Is Y
entitled to indemnity for the death of the foetus she carried?
(A) Yes, since the foetus is already regarded as a child from conception, though unborn.

(B) No, since X’s would not have known that the accident would result in Y’s abortion.

(C) No, since birth determines personality, the accident did not result in the death of a person.

(D) Yes, since the mother believed in her heart that she lost a child.
 CIVIL LAW
2012 BAR MCQ

1. Which of the following is NOT included in the attributes of juridical capacity?

a) Juridical capacity is inherent in every natural person, and therefore it is not acquired.

b) Juridical capacity is lost only through death.

c) Juridical capacity is the fitness to be the subject of legal relations.

d) Juridical capacity cannot exist without capacity to act.

2. Which of the following is NOT a restriction on one’s capacity to act?

a) Minority

b) Marriage

c) Deaf-mute

d) Civil Interdiction

3. This attribute or incident of a case determine whether it is a conflict-of-laws case or one covered
by domestic law.

a) Cause of action

b) Foreign element

c) Jurisdiction

d) Forum non conveniens

4. The capacity of an heir to succeed shall be governed by the:

a) national law of the decedent’s heirs

b) law of the country where the decedent was a resident at the time of his death

c) national law of the person who died

d) law of the country where the properties of the decedent are located.

5. Atty. BUKO, a Filipino, executed a will while he was in Spain. The attestation clause of the said
will does not contain Buko’s signature. It is valid under Spanish law. At its probate in Manila, it is
being opposed on the ground that the attestation clause does not contain BUKO’s signature. Is the
opposition correct? Choose the best answer..
 a) Yes, because it is a fatal defect.

b) Yes, the will is not valid under Philippine law.

c) No, attestation clause is not an act of the testator.

d) No, the governing law is Spanish law.

6. Ramon, a Filipino, executed a will in Manila, where he left his house and located in BP Homes
Parañaque in favor of his Filipino son, Ramgen. Ramon’s other children RJ and Ramona, both
Turkish nationals, are disputing the bequest to Ramgen. They plotted to kill Ramgen. Ramon
learned of the plot, so he tore his will in two pieces out of anger. Which statement is most accurate?

a) The mere act of Ramon Sr. is immaterial because the will is still readable.

b) The mere act of tearing the will amounts to revocation.

c) The tearing of the will may amount to revocation if coupled with intent of revoking it.

d) The act of tearing the will is material.

7. Even if the applicable law is a foreign law, a count in the Philippines may be constrained to apply
Philippine law under any of the following instances, except:

a) when the foreign law, judgment or contract is contrary to a sound and important public
policy of the forum;

b) when the property subject of the case is located outside of the Philippines;

c) when the foreign law or judgment is penal in nature;

d) when the foreign law is procedural in nature.

8. If a will is executed by a testator who was born a Filipino citizen but became naturalized Japanese
citizen at the time of his death, what law will govern its testamentary provisions if the will is executed
in China and the property being disposed is located in Indonesia?

a) Chinese law

b) Philippine law

c) Indonesia law

d) Japanese law

9. A Japanese national and a Filipino national entered into a contract for services in Thailand. The
services will be rendered in Singapore. In case of breach, what law will govern?

a) Thailand law
 b) Philippine law

c) Singapore law

d) Japanese law

10. Pedro (Filipino) and his wife Jane (American) executed a joint will in Canada, where such joint
will is valid. In case the joint will is probated in Japan, what law will govern the formalities of the joint
will?

a) American law

b) Philippine law

c) Canadian law

d) Japanese law

11. A French national revokes his will in Japan where he is domiciled. He then changed his domicile
to the Philippines where he died. The revocation of his will in Japan is valid under Japanese law but
invalid under Philippine law. The affected heir is a Malaysian national residing in the Philippines.
What law will apply?

a) Japanese law

b) Philippine law

c) French law

d) Malaysian law

12. In the absence of contrary stipulation in a marriage settlement, property relations of Filipino
spouses shall be governed by ---

a) Philippines laws

b) Law of the place where the spouses reside

c) Law of the place where the properties are situated

d) Law of the place where they were married.

13. The will of a Filipino executed in a foreign country ---

a) cannot be probated in the Philippines;

b) may be probated in the Philippines provided that properties in the estate are located in the
Philippines;

c) cannot be probated before the death of the testator;

 d) may be probated in the Philippines provided it was executed in accordance with the laws
of the place where the will was executed.

14. Pedro (Filipino and Bill (American) entered into a contract in Australia, whereby it was agreed
that Pedro will build a commercial building for Bill in the Philippines, and in payment for the
construction, Bill will transfer and convey his cattle ranch located in Japan in favor of Pedro. In case
Pedro performs his obligation, but Bill fails or refuses to pay, what law will govern?

a) American law

b) Philippine law

c) Australian law

d) Japanese law

(Facts for item numbers 15-18)

In 1989, Charice (Filipina) and Justine (American), were married in the Philippines. In 1990,
they separated and Justine went to Las Vegas where he obtained a divorce in the same
year. He then married another Filipina, Lea, in Canada on January 1, 1992. They had two (2)
sons, James and John (who were both born in 1992). In 1993, after failing to hear from
Justine, Charice married Bugoy (a Filipino), by whom she had a daughter, Regine. In 2009,
Regine married James (son of Justine with Lea) in California, where such marriage is valid.

15. What is the current status of the marriage of Charice and Justine under Philippine laws?

a) Valid

b) Void

c) Voidable

d) Dissolved

16. What id the status of the marriage between Charice and Bugoy under Philippine laws?

a) Valid

b) Void

c) Voidable

d) Unenforceable

17. What is the status of the marriage between Charice and Bugoy under Philippine laws?

a) Valid

b) Void
 c) Voidable

d) Unenforceable

18. What is the status of the marriage between Regine and James under Philippine laws?

a) Valid

b) Void

c) Voidable

d) Unenforceable

19. Ricky and Princess were sweethearts. Princess became pregnant. Knowing that Ricky is
preparing for the examinations, Marforth, a lawyer and cousin of Princess, threatened Ricky with the
filing of a complaint for immorality in the Supreme Court, thus preventing him from taking
examinations unless he marries Princess. As a consequence of the threat, Ricky married Princess.
Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code?
Choose the best answer.

a) Yes, because without the threat, Ricky would not have married Princess.

b) Yes, because the threat to enforce the claim of Princess vitiates the consent of Ricky in
contracting the marriage.

c) No, because the threat made by Marforth is just and legal.

d) No, because Marforth is not a party to the contract of marriage between Princess and
Ricky.

20. Audrey, single, bought a parcel of land in Malolos City from Franco for P 1Million. A contract was
executed between them which already vested upon Audrey full ownership of the property, although
payable in monthly installments for a period of four (4) years. One (1) year after the execution of the
contract, Audrey got married to Arnel. They executed a marriage settlement whereby they agreed
that their properties shall be governed by the regime of conjugal partnership of gains. Thereafter,
subsequent installments were paid from the conjugal partnership funds. Is the land conjugal or
paraphernal?

a) The land is conjugal because the installments were paid from the conjugal partnership
funds.

b) The land is paraphernal because ownership thereof was acquired before the marriage.

c) The land is both conjugal and paraphernal funds of installments were paid from both the
personal funds of Audrey and the conjugal partnership funds.

d) The land is paraphernal because it was Audrey who purchased the same.
21. Ernesto donated a mobile phone worth P 32,000 to Hubert orally and delivered the unit to Hubert
who accepted. Which statement is most accurate?

a) The donation is void and Ernesto may get mobile phone back.

b) The donation is void but Ernesto cannot get the mobile phone back.

c) The donation is voidable and may be anulled.

d) The donation is valid.

22. Agay, a Filipino citizen and Topacio, an Australian citizen, got married in the consular office of
the Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular
official is valid, provided that such marriage is celebrated in accordance with the laws of such
consular official. Under Philippine law, what is the status of the marriage of Agay and Topacio?
Choose the best answer.

a) Void, because the consular official only has authority to solemnize marriages between
Filipinos.

b) Valid, because according to the laws of Australia, such consular official has authority to
celebrate the marriage.

c) Voidable, because there is an irregularity in the authority of the consular official to

solemnize marriages.

d) Valid, because such marriage is recognized as valid in the place where it was celebrated.

23. 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.

24. The husband may impugn the legitimacy of his child but not on the ground that:

a) the wife is suspected of infidelity.

b) the husband had a serious illness that prevented him from engaging in sexual intercourse.

c) they were living apart.

d) he is physically incapable of sexual intercourse.

25. A marriage is void if:

 a) solemnized with a marriage license issued without complying with the required 10-day
posting.

b) solemnized by a minister whom the parties believe to have the authority.

c) between parties both 23 years of age but without parental advice.

d) none of the above

26. In legal separation, which is not correct?

a) The aggrieved spouse may file the action within five (5) years from the time of the
occurrence of the cause.

b) No trial shall be held without the 6-month cooling off period being observed.

c) The spouses will be entitled to live separately upon the start of the trial.

d) The prosecuting attorney has to conduct his own investigation.

27. A husband by chance discovered hidden treasure on the paraphernal property of his wife. Who
owns the discovered treasure?

a) The half pertaining to the husband (finder) belongs to the conjugal partnership.

b) The half pertaining to the wife (as owner) belongs to the conjugal partnership.

c) One half shall belong to the husband as finder and the other half shall belong to the wife
as owner of the property.

d) a and b

28. Which of the following marriages is void for reasons of public policy?

a) Between brothers and sisters, whether of the full or half blood.

b) Between step-parents and step children.

c) Between parents-in-law and children-in-law.

d) b and c

29. The following constitute the different circumstances or case of fraud which will serves 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 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 sexual relations prior to the
marriage.

30. Which of the following is not a requisite for a valid donation propter nuptias?

a) The donation must be made before the celebration of the marriage.

b) The donation shall be automatically revoked in case of non-celebration of the marriage.

c) The donation must be made in consideration of the marriage.

d) The donation must be made in favor of one or both of the future spouses.

31. Who are illegitimate children?

a) Children conceived or born outside a valid marriage.

b) Children born under a valid marriage, which was later declared void because of the
psychological incapacity of either or both of the spouses.

c) Children conceived and born outside a valid marriage.

d) Children born under a valid marriage, but the parents later obtained a legal separation.

32. An illegitimate child may use the surname of his father when his filiation is established in any of
the following instances, except:

a) Filiation has been recognized by the father through the record of birth appearing in the
civil register

b) Admission of filiation by the father in a public document.

c) Private handwritten instrument is made by the father acknowledging his filiation.

d) Affidavit by the mother stating the name of his true father.

33. Under RA 8043, an adopter is required to be at least ____ years old and ____ years older than
the child to be adopted at the time of the application unless the adopter is the parent by nature of the
child.

a) 30 and 15

b) 27 and 16

c) 50 and 10

d) 18 and 15
34. Under RA 8043, a child qualified to be adopted is any person below _____ years old.

a) 18

b) 21

c) 15

d) 16

35. Which of the following DOES NOT result in permanent termination of parental authority?

a) Death of the parents.

b) Death of the child.

c) Emancipation of the child.

d) Conviction of the parents of a crime which carries with it the penalty of civil interdiction.

36. The court, in an action filed for the purpose, may suspend parental authority if the parent or the
person exercising parental authority commits any of the following acts, except:

a) Treats the child with excessive harshness or cruelty.

b) Gives the child corrupting orders, counsel or example.

c) Compels the child to take up a course in college against his/her will.

d) Subjects the child or allows him to be subjected to acts of lasciviousness.

37. Which of the following statements is wrong?

a) The possessor in bad faith shall reimburse the fruits received and those which the
legitimate possessor could have received.

b) The possessor in bad faith has right of reimbursement for necessary expenses and those
for the production, gathering and preservation of the fruits.

c) The possessor in bad faith is not entitled to a refund of ornamental expenses.

d) The possessor in bad faith is entitled to a refund of useful expenses.

38. Which phrase most accurately completes the statement – The expenses incurred in
improvements for the luxury or mere pleasure shall not be refunded to thew possessor in bad faith:

a) but he may remove the objects for which such expenses have been incurred, provided
that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain
them.
 b) and he may not remove the objects for which such expenses have been incurred.

c) and he may not remove the objects for which such expenses have been incurred, unless
he pays the value they may have at the time he entered into possession.

d) but he may remove the objects for which such expenses have been incurred.

39. The following are the limitations on the right of ownership imposed by the owner himself, except:

a) Will/Succession

b) Mortgage

c) Pledge

d) Lease

40. A plenary action for the recovery of the possession of real estate, upon mere allegation and
proof of a better right thereto, and without allegation of proof of title. This action can only be brought
after the expiration of one (1) year. What action is being referred to?

a) Accion publiciana

b) Accion reinvindicatoria

c) Accion interdictal

d) Quieting of Title

41. Action to recover real property based on ownership. Here, the object is the recovery of the
dominion over the property as owner. What action is being referred to?

a) Accion publiciana

b) Accion reinvindicatoria

c) Accion interdictal

d) Quieting of Title

42. A summary action to recover physical or material possession only and must be brought within
one (1) year from the time the cause of action arises. What action is being referred to?

a) Accion publiciana

b) Accion reinvindicatoria

c) Accion interdictal

d) Quieting of Title
43. The following things are property of public dominion, except:

a) ports and bridges constructed by the State.

b) vehicles and weapons of the Armed Forces of the Philippines.

c) rivers.

d) lands reclaimed by the state from the sea.

44. Which of the following statements is wrong?

a) patrimonial property of the state, when no longer intended for public use or for public
service, shall become property of public dominion.

b) all property of the State, which is not of public dominion, is patrimonial property.

c) The property of provinces, cities and municipalities is divided into property for public use
and patrimonial property.

d) Property is either of public dominion or of private ownership.

45. The following cannot ask for the reduction of inofficious donation, except:

a) Creditors of the deceased

b) Devisees or legatees

c) Compulsory heirs of the donor

d) The surviving spouse of the donee.

46. Donation is perfected from the moment ---

a) the donee accepts the donation.

b) the donor executes the deed of donation.

c) the donor knows of the donee’s acceptance even if the latter has not received the copy of
the deed of donation.

d) the donee confirms that the donor has learned the former’s acceptance.

47. The following are the elements of an obligation, except:

a) Juridical/Legal Tie

b) Active subject

c) Passive subject
 d) Consideration

48. It is a conduct that may consist of giving, doing, or not doing something.

a) Obligation

b) Juridical necessity

c) Prestation

d) Contract

49. It is a juridical relation arising from lawful, voluntary and unilateral acts based on the principle
that no one should unjustly enrich himself at the expense of another.

a) Quasi-contract

b) Quasi-delict

c) Contract

d) Delict

50. The following are the elements of quasi-delict, except:

a) Act or omission

b) Fault/negligence

c) Damage/injury

d) Pre-existing contract

51. A debtor is liable for damages in case of delay if he is guilty of any of the following, except:

a) default (mora)

b) mistake

c) negligence (culpa)

d) breach through contravention of the tenor thereof

52. This term refers to a delay on the part of both the debtor and creditor in reciprocal obligations.

a) Mora accipiendi

b) Mora solvendi
 c) Compensation morae

d) Solution indibiti

53. The following are the requisites of mora solvendi, except:

a) Obligation pertains to the debtor and is determinate, due, demandable, and liquidated.

b) Obligation was performed on its maturity date.

c) There is judicial or extrajudicial demand by the creditor.

d) Failure of the debtor to comply with such demand.

54. It is an international evasion of the faithful performance of the obligation.

a) Negligence

b) Fraud

c) Delay

d) Mistake

55. The following are the requisites of fortuitous event, except:

a) Cause is independent of the will of the debtor.

b) The event is unforeseeable/unavoidable.

c) Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a
normal manner; impossibility must be absolute not partial, otherwise not force majeure.

d) Debtor contributed to the aggravation of the injury to the creditor.

56. A debtor may still be held liable for loss or damages even if it was caused by a fortuitous event in
any of the following instances, except:

a) The debtor is guilty of dolo, malice or bad faith, has promised the same thing to two or
more persons who do not have the same interest.

b) The debtor contributed to the loss.

c) The thing to be delivered is generic.

d) The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the
obligation.

57. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the amount of P 5,000.00.
Suppose Buko paid the obligation, what is his right as against his co-debtors?
 a) Buko cas ask for reimbursement from Fermin and Toti.

b) Buko can sue Fermin and Toti for damages.

c) Buko can sue for rescission.

d) Buko can claim a refund from Ayee.

58. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the sum of P 10,000.00. When
the obligation became due and demandable, Ayee sued Buko for the payment of the P 10,000.00.
Buko moved to dismiss on the ground that there was failure to implead Fermin and Toti who are
indispensable parties. Will the motion to dismiss prosper? Why?

a) Yes, because Fermin and Toti should have been impleaded as their obligation is solidary.

b) No, because the creditor may proceed against any one of the solidary debtors or some or
all of them simultaneously.

c) No, because a motion to dismiss is a prohibited pleading.

d) Yes, because Fermin and Toti should also pay their share of the obligation.

59. Buko, Fermin and Toti are solidarily debtors of Ayee. Twelve (12) years after the obligation
became due and demandable, Buko paid Ayee and later on asked for reimbursement of Fermin’s
and Toti’s shares. Is Buko correct? Why?

a) No, because the obligation has already prescribed.

b) Yes, because the obligation is solidary.

c) No, because in solidary obligation any one of the solidary debtors can pay the entire debt.

d) Yes, because Fermin and Toti will be unduly enriched at the expense of Buko.

60. Buko, Fermin and Toti are solidary debtors under a loan obligation of P 300,000.00 which has
fallen due. The creditor has, however, condoned Fermin’s entire share in the debt. Since Toti has
become insolvent, the creditor makes a demand on Buko to pay the debt. How much, if any, may
Buko be compelled to pay?

a) P 200.000.00

b) P 300,000.00

c) P 100,000.00

d) P 150,000.00

61. Dina bought a car from Jai and delivered a check in payment of the same. Has Dina paid the
obligation? Why?
 a) No, not yet. The delivery of promissory notes payable to order, or bills of exchange or
other mercantile documents shall produce the effect of payment only when they have been
cashed, or when through the fault of the creditor they have been impaired.

b) Yes, because a check is a valid legal tender of payment.

c) It depends. If the check is a manager’s check or cashier’s check it will produce the effect
of payment. If it’s an ordinary check, no payment.

d) Yes, because a check is as good as cash.

62. The following are the requisites of legal compensation, except:

a) That each of the obligors is bound principally and that he be the same time a principal
creditor of the other.

b) That both debts consist in a sum of money, or if the things due are consumable, they be
the same kind, and also of the same quality if the latter has been stated.

c) That the two (2) debts are not yet due.

d) That they be liquidated and demandable.

63. Which of the following statements is correct?

a) All contracts are perfected by mere consent.

b) All contracts are perfected by delivery of the object.

c) All contracts are required to be in writing.

d) All contracts are required to have a valid consideration.

64. It is a principle which holds that parties are bound not only by what has been expressly provided
for in the contract but also to the natural consequences that flow out of such agreement.

a) Obligatory force of contracts

b) Mutuality of contracts

c) Autonomy of contracts

d) Relativity of contracts

65. It is a principle which holds that contracts must be binding to both parties and its validity and
effectivity can never be left to the will of one of the parties.

a) Obligatory force of contracts

b) Mutuality of contracts
 c) Autonomy of contracts

d) Relativity of contracts

66. It refers to the rule that a contract is binding not only between parties but extends to the heirs,
successors in interest, and assignees of the parties, provided that the contract involved
transmissible rights by their nature, or by stipulation or by law.

a) Obligatory force of contracts

b) Mutuality of contracts

c) Autonomy of contracts

d) Relativity of contracts

67. It is rule which holds that the freedom of the parties to contract includes the freedom to stipulate,
provided the stipulations are not contrary to law, morals, good customs, public order or public policy.

a) Obligatory force of contracts

b) Mutuality of contracts

c) Autonomy of contracts

d) Relativity of contracts

68. The following are the ways by which innominate contracts are regulated, except:

a) By the stipulation of the parties.

b) By the general principles of quasi-contracts and delicts

c) By the rules governing the most analogous nominate contracts.

d) By the customs of the place.

69. An offer becomes ineffective on any of the following grounds, except:

a) Death, civil interdiction, insanity/insolvency of either party before acceptance is conveyed.

b) Acceptance of the offer by the offeree.

c) Qualified/conditional acceptance of the offer, which becomes counter-offer.

d) Subject matter becomes illegal/impossible before acceptance is communicated.

70. Which of the following statements is correct?

a) Offers in interrelated contracts are perfected upon consent.

 b) Offers in interrelated contracts require a single acceptance.

c) Business advertisements are definite offers that require specific acceptance.

d) Advertisements for Bidders are only invitations to make proposals and the advertiser is not
bound to accept the highest/lowest bidder, unless it appears otherwise.

71. The following are solemn contracts (Contracts which must appear in writing), except:

a) Donations of real estate or of movables if the value exceeds P 5,000.00.

b) Stipulation to pay interest in loans.

c) Sale of land through an agent (authority must be in writing).

d) Construction contract of a building.

72. The following are rescissible contracts, except:

a) Entered into by guardian whenever ward suffers damage more than ¼ of value of
property.

b) Agreed upon in representation of absentees, if absentee suffers lesion by more than ¼ of

value of property.

c) Contracts where fraud is committed on creditor (accion pauliana).

d) Contracts entered into by minors.

73. The following are the requisites before a contract entered into in fraud of creditors may be
rescinded, except:

a) There must be credited existing prior to the celebration of the contract.

b) There must be fraud, or at least, the intent to commit fraud to the prejudice of the creditor
seeking rescission.

c) The creditor cannot in any legal manner collect his credit (subsidiary character of
rescission)

d) The object of the contract must be legally in the possession of a 3rd person in good faith.

74. The following are the characteristics of a voidable contract, except:

a) Effective until set aside.

b) May be assailed/attacked only in an action for that purpose.

c) Can be confirmed or ratified.

 d) Can be assailed only by either party.

75. The following are void contracts, except:

a) Pactum commissorium

b) Pactum de non alienando

c) Pactum leonina

d) Pacto de retro

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

a) If there is an agreement in writing to the effect.

b) As a matter of course.

c) If the amount borrowed is very large.

d) If the lender so demands at the maturity date.

77. The liability of the school, its administrators and teachers, or the individual, entity or institution
engaged in child care over the minor child or damage caused by the acts or omissions of the
unemancipated minor while under their supervision, instruction or custody shall be:

a) Joint and subsidiary

b) Principal and solidary

c) Principal and joint

d) Subsidiary and solidary.

78. The creditor has the right to the fruits of the thing from the time:

a) the thing is delivered.

b) the obligation to deliver the things arises.

c) the contract is perfected.

d) the fruits are delivered.

79. If one of the parties to the contract is without juridical capacity, the contract is:

a) voidable

b) rescissible
 c) void

d) unenforceable

80. When both parties to the contract are minors, the contract is:

a) voidable

b) rescissible

c) void

d) unenforceable

81. When the consent of one of the parties was vitiated, the contract is:

a) voidable

b) rescissible

c) void

d) unenforceable

82. An obligation which is based on equity and natural law is known as:

a) pure

b) quasi-contract

c) civil

d) natural

83. Consent was given by one in representation of another but without authority. The contract is:

a) voidable

b) rescissible

c) void

d) unenforceable

84. Michael Fermin, without the authority of Pascual Lacas, owner of a car, sold the same car in the
name of Mr. Lacas to Atty. Buko. The contract between Atty. Buko and Mr. Lacas is ---

a) void because of the absence of consent from the owner, Mr. Lacas.
 b) valid because all of the essential requisites of a contract are present.

c) unenforceable because Michael Fermin had no authority but he sold the car in the name
of Mr. Lacas, the owner.

d) rescissible because the contract caused lesion to Atty. Buko.

85. Which of the following contracts is void?

a) An oral sale of a parcel of land.

b) A sale of land by an agent in a public instrument where his authority from the principal is
oral.

c) A donation of a wrist watch worth P 4,500.00.

d) A relatively simulated contract.

86. Which of the following expresses a correct principle of law? Choose the best answer.

a) Failure to disclose facts when there is a duty to reveal them, does not constitute fraud.

b) Violence or intimidation does not render a contract annullable if employed not by a

contracting party but by a third person.

c) A threat to enforce one’s claim through competent authority, if the claim is legal or just,
does not vitiate consent.

d) Absolute simulation of a contract always results in a void contract.

87. Aligada orally offered to sell his two-hectare rice land to Balane for P 10Million. The offer was
orally accepted. By agreement, the land was to be delivered (through execution of a notarized Deed
of Sale) and the price was to be paid exactly one-month from their oral agreement. Which statement
is most accurate?

a) If Aligada refuses to deliver the land on the agreed date despite payment by Balane, the
latter may not successfully sue Aligada because the contract is oral.

b) If Aligada refused to deliver the land, Balane may successfully sue for fulfillment of the
obligation even if he has not tendered payment of the purchase price.

c) The contract between the parties is rescissible.

d) The contract between the parties is subject to ratification by the parties.

88. Which of the following statements is wrong?

a) Creditors are protected in cases of contracts intended to defraud them.

 b) Contracts take effect only between the parties, their assign and heirs, except in case
where the rights and obligations arising from the contract are not transmissible by their
nature, or by stipulation or by provision of law.

c) If a contract should contain some stipulation in favor of a third person, he may demand its
fulfillment provided he communicated his acceptance to the obligor before its revocation.

d) In contracts creating real rights, third persons who come into possession of the object of
the contract are not bound thereby.

89. Which phrase most accurately completes the statement – Any third person who induces another
to violate his contract:

a) shall be liable for damages only if he is a party to the same contract.

b) shall be liable for damages to the other contracting party.

c) shall not be liable for damages to the other contracting party.

d) shall not be liable for damages if the parties are in pari delicto.

90. The requisites of succession are as follows, except:

a) Death of decedent

b) Transmissible estate

c) Existence and capacity of successor, designated by decedent or law

d) Payment of Taxes

91. The characteristics of succession are as follows, except:

a) It is a legal contract.

b) Only property, rights and obligations to the extent of the value of the inheritance are
transmitted.

c) The transmission takes place only at the time of death.

d) The transmission takes place either by will or by operation of law.

92. The following rights are extinguished by death, except:

a) Legal support

b) Parental authority

c) Right to inherit
 d) Agency

93. The attestation clause contains the following, except:

a) the number of pages used;

b) that the testator signed or caused another to sign the will and every page thereof in the
presence of the instrumental witnesses;

c) notary public;

d) the instrumental witnesses witnessed and signed the will and all the pages thereof in the
presence of the testator and one another.

94. The following are the formalities required in the execution of holographic will, except:

a) Entirely written;

b) Dated;

c) Signed by testator himself

d) Notarized by a notary public.

95. The following are the grounds for disallowance of wills, except:

a) The formalities required by law have not been complied with.

b) The testator was insane or mentally incapable of making will.

c) The will was executed through force or under duress, or influence of fear or threats.

d) The will contains an attestation clause.

96. It is the omission in the testator’s will of one, some or all of the compulsory heirs in direct line,
whether living at the time of execution of the will or born after the death of the testator. What
principle is being referred to?

a) reserva troncal

b) preterition

c) fideicommissary

d) disposicion captatoria

97. Any disposition made upon the condition that the heir shall make some provision in his will in
favor of the testator or of any other person shall be void. Here, both the condition and the disposition
are void. What principle is being referred to?
 a) reserva troncal

b) preterition

c) fideicommissary

d) disposicion captatoria

98. Which phrase most accurately completes the statement – If at the time the contract of sale is
perfected, the thing which is the object of the contract has been entirely lost:

a) the buyer bears the risk of loss.

b) the contract shall be without any effect.

c) the seller bears the risk of loss.

d) the buyer may withdraw from the contract.

99. A contract granting a privilege to a person, for which he has paid a consideration, which gives
him the right to buy certain merchandise or specified property, from another person, at anytime
within the agreed period, at a fixed price. What contract is being referred to?

a) Option Contract

b) Contract to Sell

c) Contract of Sale

d) Lease

100. Which of the following contracts of sale is void?

a) Sale of EGM’s car by KRP, EGM’s agent, whose authority is not reduced into writing.

b) Sale of EGM’s piece of land by KRP, EGM’s agent, whose authority is not reduced into
writing.

c) Sale of EGM’s car by KRP, a person stranger to EGM, without EGM’s consent or
authority.

d) Sale of EGM’s piece of land by KRP, a person stranger to EGM, without EGM’s consent
or authority.
 CIVIL LAW
2013 BAR MCQ

I. Armand died intestate. His full-blood brothers, Bobby and Conrad, and half-blood brothers, Danny,
Edward and Floro, all predeceased him. The following are the surviving relatives:

1. Benny and Bonnie, legitimate children of Bobby;

2. Cesar, legitimate child of Conrad;

3. Dante, illegitimate child of Danny;

4. Ernie, adopted child of Edward; and

5. Felix, grandson of Floro.

The net value of Armand's estate is Pl,200,000.

I. (1) How much do Benny and Bonnie stand to inherit by right of representation? (1%)

(A) P200,000

(B) P300,000

(C) P400,000

(D) P150,000

(E) None of the above.

I. (2) How much is Dante's share in the net estate? (1%)

(A) P150,000.

(B) P200,000.

(C) P300,000.

(D) P400,000.

(E) None of the above.

I. (3) How much is Ernie's share in the net estate . (1%)

(A) P 0.

(B) P400,000.

(C) P150,000.
 (D) P200,000.

(E) None of the above.

I. (4) How much is Felix's share in the net estate? (1%)

(A) P400,000.

(B) P150,000.

(C) P300,000.

(D) P0.

(E) None of the above.

II. A, B, C and D are the solidary debtors of X for P40,000. X released D from the payment of his
share of PI 0,000. When the obligation became due and demandable, C turned out to be insolvent.

Should the share of insolvent debtor C be divided only between the two other remaining debtors, A
and B? (1%)

(A) Yes. Remission of D's share carries with it total extinguishment of his obligation to the
benefit of the solidary debtors.

(B) Yes. The Civil Code recognizes remission as a mode of extinguishing an obligation. This
clearly applies to D.

(C) No. The rule is that gratuitous acts should be restrictively construed, allowing only the
least transmission of rights.

(D) No, as the release of the share of one debtor would then increase the burden of the other
debtors without their consent.

III. Amador obtained a loan of P300,000 from Basilio payable on March25, 2012. As security for the
payment of his loan, Amador constituted a mortgage on his residential house and lot in Basilio's
favor. Cacho, a good friend of Amador, guaranteed and obligated himself to pay Basilio, in case
Amador fails to pay his loan at maturity.

III. (1) If Amador fails to pay Basilio his loan on March 25, 2012, can Basilio compel Cacho to
pay? (1%)

(A) No, Basilio cannot compel Cacho to pay because as guarantor, Cacho can
invoke the principle of excussion, i.e., all the assets of Basilio must first be
exhausted.

(B) No, Basilio cannot compel Cacho to pay because Basilio has not exhausted the
available remedies against Amador.
 (C) Yes, Basilio can compel Cacho to pay because the nature of Cacho's
undertaking indicates that he has bound himself solidarily with Amador.

(D) Yes, Basilio can compel Cacho who bound himself to unconditionally pay in case
Amador fails to pay; thus the benefit of excussion will not apply.

III. (2) If Amador sells his residential house and lot to Diego, can Basilio foreclose the real
estate mortgage? (1%)

(A) Yes, Basilio can foreclose the real estate mortgage because real estate mortgage
creates a real right that attaches to the property.

(B) Yes, Basilio can foreclose the real estate mortgage. It is binding upon Diego as
the mortgage is embodied in a public instrument.

(C) No, Basilio cannot foreclose the real estate mortgage. The sale confers
ownership on the buyer, Diego, who must therefore consent.

(D) No, Basilio cannot foreclose the real estate mortgage. To deprive the new owner
of ownership and possession is unjustand inequitable.

IV. Cruz lent Jose his car until Jose finished his Bar exams. Soon after Cruz delivered the car, Jose
brought it to Mitsubishi Cubao for maintenance check up and incurred costs of P8,000. Seeing the
car's peeling and faded paint, Jose also had the car repainted for P10,000. Answer the two
questions below based on these common facts.

IV. (1) After the bar exams, Cruz asked for the return of his car. Jose said he would return it
as soon as Cruz has reimbursed him for the car maintenance and repainting costs of P
18,000.

Is Jose's refusal justified? (1%)

(A) No, Jose's refusal is not justified. In this kind of contract, Jose is obliged to pay
for all the expenses incurred for the preservation of the thing loaned.

(B) Yes, Jose's refusal is justified. He is obliged to pay forall the ordinary and
extraordinary expenses, but subject to reimbursement from Cruz.

(C) Yes, Jose's refusal is justified. The principle of unjust enrichment warrants the
reimbursement of Jose's expenses.

(D) No, Jose's refusal is not justified. The expenses he incurred are useful for the
preservation of the thing loaned. It is Jose's obligation to shoulder these useful
expenses.

IV. (2) During the bar exam month, Jose lent the car to his girlfriend, Jolie, who parked the
car at the Mall of Asia's open parking lot, with the ignition key inside the car. Car thieves
broke into and took the car.

Is Jose liable to Cruz for the loss of the car due to Jolie's negligence? (1%)
 (A) No, Jose is not liable to Cruz as the loss was not due to his fault or negligence.

(B) No, Jose is not liable to Cruz. In the absence of any prohibition, Jose could lend
the car to Jolie. Since the loss was due to force majeure, neither Jose nor Jolie is
liable.

(C) Yes, Jose is liable to Cruz. Since Jose lent the car to Jolie without Cruz's
consent, Jose must bear the consequent loss of the car.

(D) Yes, Jose is liable to Cruz. The contract between them is personal in nature.
Jose can neither lend nor lease the car to a third person.

V. In 2005, L, M, N, 0 and P formed a partnership. L, M and N were capitalist partners who

contributed P500,000 each, while 0, a limited partner, contributed P1 ,000,000. P joined as an
industrial partner, contributing only his services. The Articles of Partnership, registered with the
Securities and Exchange Commission, designated L and 0 as managing partners; L was liable only
to the extent of his capital contribution; and P was not liable for losses.

In 2006, the partnership earned a net profit of P800,000. In the same year, P engaged in a different
business with the consent of all the partners. However, in 2007, the partnership incurred a net loss
of P500,000. In 2008,the partners dissolved the partnership. The proceeds of the sale of partnership
assets were insufficient to settle its obligation. After liquidation, the partnership had an unpaid liability
ofP300,000.

V. (l) Assuming that the just and equitable share of the industrial partner, P, in the profit in
2006 amounted to P1 00,000, how much is the share of 0, a limited partner, in the P800,000
net profit? (1%)

(A) P160,000.

(B) P175,000.

(C) P280,000.

(D) P200,000.

(E) None of the above.

V. (2) In 2007, how much is the share of 0, a limited partner, in the net loss of P500,000?
(1%)

(A) P 0.

(B) P1 00,000.

(C) P125,000.

(D) P200,000.

(E) None of the above.

 V. (3) Can the partnership creditors hold L, 0 and Pliable after all the assets of the
partnership are exhausted? (1%)

(A) Yes. The stipulation exempting P from losses is valid only among the partners. L
is liable because the agreement limiting his liability to his capital contribution is not
valid insofar as the creditors are concerned. Having taken part in the management of
the partnership, 0 is liable as capitalist partner.

(B) No. P is not liable because there is a valid stipulation exempting him from losses.
Since the other partners allowed him to engage in an outside business activity, the
stipulation absolving P from liability is valid. For 0, it is basic that a limited partner is
liable only up to the extent of his capital contribution.

(C) Yes. The stipulations exempting P and L from losses are not binding upon the
creditors. 0 is likewise liable because the partnership was not formed in accordance
with the requirements of a limited partnership.

(D) No. The Civil Code allows the partners to stipulate that a partner shall not be
liable for losses. The registration of the Articles of Partnership embodying such
stipulations serves as constructive notice to the partnership creditors.(E) None of the
above is completely accurate.

VI. Gary is a tobacco trader and also a lending investor. He sold tobacco leaves to Homer for
delivery within a month, although the period for delivery was not guaranteed. Despite Gary's efforts
to deliver on time, transportation problems and government red tape hindered his efforts and he
could only deliver after 30 days. Homer refused to accept the late delivery and to pay on the ground
that the agreed term had not been complied with.

As lending investor, Gary granted a Pl,000,000 loan to Isaac to be paid within two years from
execution of the contract. As security for the loan, Isaac promised to deliver to Gary his Toyota
Innova within seven (7) days, but Isaac failed to do so. Gary was thus compelled to demand
payment for the loan before the end of the agreed two-year term.

VI. (l) Was Homer justified in refusing to accept the tobacco leaves? (1%)

(A) Yes. Homer was justified in refusing to accept the tobacco leaves. The delivery
was to be made within a month. Gary's promise of delivery on a "best effort" basis
made the delivery uncertain. The term, therefore, was ambiguous.

(B) No. Homer was not justified in refusing to accept the tobacco leaves. He
consented to the terms and conditions of the sale and must abide by it. Obligations
arising from contract have the force of law between the contracting parties.

(C) Yes. Homer was justified in his refusal to accept the delivery. The contract
contemplates an obligation with a term. Since the delivery was made after 30 days,
contrary to the terms agreed upon, Gary could not insist that Homer accept the
tobacco leaves.

(D) No. Homer was not justified in refusing to accept the tobacco leaves. There was
no term in the contract but a mixed condition. The fulfillment of the condition did not
 depend purely on Gary's will but on other factors, e.g., the shipping company and the
government. Homer should comply with his obligation.

VI. (2) Can Gary compel Isaac to pay his loan even before the end of the two-year period?
(1%)

(A) Yes, Gary can compel Isaac to immediately pay the loan. Non-compliance with
the promised guaranty or security renders the obligation immediately demandable.
Isaac lost his right to make use of the period.

(B) Yes, Gary can compel Isaac to immediately pay the loan. The delivery of the
Toyota Innova is a condition for the loan. Isaac's failure to deliver the car violated the
condition upon which the loan was granted. It is but fair for Gary to demand
immediate payment.

(C) No, Gary cannot compel Isaac to immediately pay the loan. The delivery of the
car as security for the loan is an accessory contract; the principal contract is still the
P 1,000,000 loan. Thus, Isaac can still make use of the period.

(D) No, Gary cannot compel Isaac to immediately pay the loan. Equity dictates that
Gary should have granted a reasonable extension of time for Isaac to deliver his
Toyota Innova. It would be unfair and burdensome for Isaac to pay the P1,000,000
simply because the promised security was not delivered.

VII.

Lito was a commercial pilot who flew for Pacific-Micronesian Air. In 1998, he was the co-pilot of the
airline's Flight MA916 that mysteriously disappeared two hours after take-off from Agana, Guam,
presumably over the Pacific Ocean. No trace of the plane and its 105 passengers and crew was
ever found despite diligent search; Lito himself was never heard of again. Lito left behind his wife,
Lita, and their two children.

In 2008, Lita met and and married Jaime. They now have a child of their own.

While on a tour with her former high school classmates in a remote province of China in 2010, Lita
was surprised to see Lito or somebody who looked exactly like him, but she was sure it was Lito
because of the extreme surprise that registered in his face when he also saw her. Shocked, she
immediately fled to her hotel and post haste returned to the country the next day. Lita now comes to
you for legal advice. She asks you the following questions:

VII. (l) If Lito is alive, what is the status of his marriage to Lita? (1%)

(A) The marriage subsists because the marital bond has not been terminated by
death.

(B) The marriage was terminated when Lita married Jaime.

(C) The marriage subsists because Lita's marriage to Jaime is void.

(D) The marriage is terminated because Lito is presumed dead after his plane has
been missing for more than 4 years.
 (E) The marriage can be formally declared terminated if Lito would not resurface.

VII. (2) If Lito is alive, what is the status of Lita's marriage to Jaime? (1%)

(A) The marriage is valid because Lita's marriage to Lito was terminated upon Lito's
disappearance for more than seven years.

(B) The marriage is valid. After an absence of more than 10 years, Lito is already
presumed dead for all purposes.

(C) The marriage is void. Lito's mere absence, however lengthy, is insufficient to
authorize Lita to contract a subsequent marriage.

(D) The marriage is void. If Lito is indeed alive, his marriage to Lita was never
dissolved and they can resume their marital relations at any time.

VIII.

Which of the following actions or defenses are meritorious: (1%)

(A) An action for recovery of downpayment paid under a rescinded oral sale of real property.

(B) A defense in an action for ejectment that the lessor verbally promised to extend or renew
the lease.

(C) An action for payment of sum of money filed against one who orally promised to answer
another's debt in case the latter defaults.

(D) A defense in an action for damages that the debtor has sufficient, but unliquidated assets
to satisfy the credit acquired when it becomes due.

(E) None of the above.

IX.

Betty entrusted to her agent, Aida, several pieces of jewelry to be sold on commission with the
express obligation to turn over to Betty the proceeds of the sale, or to return the jewelries if not sold
in a month's time. Instead of selling the jewelries, Aida pawned them with the Tambunting
Pawnshop, and used the money for herself. Aida failed to redeem the pawned jewelries and after a
month, Betty discovered what Aida had done. Betty brought criminal charges which resulted in
Aida's conviction for estafa.

Betty thereafter filed an action against Tambunting Pawnshop for the recovery of the jewelries.
Tambunting raised the defense of ownership, additionally arguing that it is duly licensed to engage in
the pawnshop and lending business, and that it accepted the mortgage of the jewelry in good faith
and in the regular course of its business.

If you were the judge, how will you decide the case? (1%)
 (A) I will rule in favor of Betty. My ruling is based on the Civil Code provision that one who
has lost any movable or has been unlawfully deprived thereof may recover it from the person
in possession of the same. Tam bunting's claim of good faith is inconsequential.

(B) I will rule in favor of Betty. Tambunting's claim of good faith pales into insignificance in
light of the unlawful deprivation of the jewelries. However, equity dictates that Tambunting
must be reimbursed for the pawn value of the jewelries.

(C) I will rule in favor of Tambunting. Its good faith takes precedence over the right of Betty to
recover the jewelries.

(D) I will rule in favor of Tambunting. Good faith is always presumed. Tambunting's lawful
acquisition in the ordinary course of business coupled with good faith gives it legal right over
the jewelries.

X.

Arlene owns a row of apartment houses in Kamuning, Quezon City. She agreed to lease Apartment
No. 1 to Janet for a period of 18 months at the rate of P10,000 per month. The lease was not
covered by any contract. Janet promptly gave Arlene two (2) months deposit and 18 checks covering
the rental payment for 18 months. This show of good faith prompted Arlene to promise Janet that
should Arlene decide to sell the property, she would give Janet the right of first refusal.

X. (1) Not long after Janet moved in, she received news that her application for a Master of
Laws scholarship at King's College in London had been approved. Since her acceptance of
the scholarship entailed a transfer of residence, Janet asked Arlene to return the advance
rental payments she made. Arlene refused, prompting Janet to file an action to recover the
payments. Arlene filed a motion to dismiss, claiming that the lease on which the action is
based, is unenforceable.

If you were the judge, would you grant Arlene's motion? (1%)

(A) Yes, I will grant the motion because the lease contract between Arlene and Janet
was not in writing, hence, Janet may not enforce any right arising from the same
contract.

(B) No, I will not grant the motion because to allow Arlene to retain the advance
payments would amount to unjust enrichment.

(C) Yes, I will grant the motion because the action for recovery is premature; Janet
should first secure a judicial rescission of the contract of lease.

(D) No. I will not grant the motion because the cause of action does not seek to
enforce any right under the contract of lease.

X. (2)Assume that Janet decided not to accept the scholarship and continued leasing
Apartment No. 1. Midway through the lease period, Arlene decided to sell Apartment No. 1 to
Jun in breach of her promise to Janet to grant her the right of first refusal. Thus, Janet filed
an action seeking the recognition of her right of first refusal, the payment of damages for the
violation of this right, and the rescission of the sale between Arlene and Jun.
Is Janet's action meritorious? (1%)

(A) Yes, under the Civil Code, a promise to buy and sell a determinate thing is
reciprocally demandable.

(B) No, the promise to buy and sell a determinate thing was not supported by a
consideration.

(C) Yes, Janet's right of first refusal was clearly violated when the property was not
offered for sale to her before it was sold to Jun.

(D) No, a right of first refusal involves an interest over real property that must be
embodied in a written contract to be enforceable.

(E) None of the above.

 CIVIL LAW
2014 BAR MCQ

XIX.

Who enjoys the Right of Retention? (1%)

(A) Depositary until full payment of what may be due him in deposit.

(B) Lessee if he advances the expenses for the repair of the leased premises.

(C) Bailee if bailor owes him something.

(D) Builder in bad faith for the recovery of necessary and useful expenses.

XXVI.

Isaac leased the apartment of Dorotea for two (2) years. Six (6) months after, Isaac subleased a
portion of the apartment due to financial difficulty. Is the sublease contract valid? (1%)

(A) Yes, it is valid for as long as all the elements of a valid sublease contract are present.

(B) Yes, it is valid if there is no express prohibition for subleasing in the lease contract.

(C) No, it is void if there is no written consent on the part of the lessor.

(D) No, it is void because of breach of the lease contract.