MOCK BAR EXAMINATION QUESTIONS IN CIVIL LAW 1 1. A executed a will consisting of ten pages.

At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition. a. The testator and the instrumental witnesses must sign. b. The defect is fatal if there is failure to have the original signatures. c. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitted. d. The will should not be admitted. . A, a minor, executed a last will and testament. !e died at the age of 1, after which his will was submitted to probate. If you were the "udge, would you approve it# a. b. c. d. $es, because the will is valid. $es, because the testator is capacitated. %o, because the will is void. %o, because the will is not in accordance with law.

&. The attestation clause of '(s will do not contain his signature. At its probate, it is being opposed on that basis. Is the opposition correct# )hoose the best answer. a. b. c. d. $es, because it is fatal defect. $es, the will is not valid. %o, attestation clause is not an act of the testator. %o, attestation clause is not a part of a will.

*. After A has executed a will, he tore it out of anger because B and ) were disputing the fact that a house and lot at +an ,oren-o .illage should have been given by A to ) when the will gives it to B. /iscuss whether the will was revo0ed or not. a. b. c. d. The mere act of A is immaterial The tearing of the will may amount to revocation The tearing of the will may amount to revocation if coupled with intent of revo0ing it. The act of tearing the will is material.

1. 2hat is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution# )hoose the best answer. a. b. c. d. %o, transmission of right from the first heir to the second. %o right of representation The right shall be transmitted to the heirs of the second heir. %one of the above.

3. +uppose the reservista is survived by the uncles and aunts and by the nephews and nieces of the propositus, who shall be entitled to the property reserved# )hoose the best answer. a. The uncles and aunts shall inherit the property b. The nephews and nieces of the decedent survive and are willing and 4ualified.

c. The uncles and nephews shall inherit together. d. The aunts and nieces shall inherit together. 5. ' and $ are married. The marriage was contracted under articulo mortis, and the testator died within & months from the time of marriage. 2hat is '(s share of his spouse(s inheritance# )hoose the best answer. a. b. c. d. 9. a. b. c. d. The surviving spouse shall inherit the whole hereditary estate. The surviving spouse shall inherit 6 of the estate. The surviving spouse shall inherit 17& of the estate. The surviving spouse shall inherit 8 of the estate. ' and $ are married. They have children A, B, and ). /uring the lifetime of ', A renounced his inheritance from his father. :pon '(s death, will the right of accretion apply# $es, A may renounced his inheritance from his father. $es, the right of accretion applies. %o, because the renunciation is void. %o, because the renunciation is not in writing.

;. A repudiated his inheritance from his father. )an he be represented by his son, B# a. b. c. d. $es, repudiation do not affect right of representation. %o, because heirs who repudiate their share may not be represented. $es, because the act of repudiation is contrary to public policy. %one of the above.

1<. If a compulsory heir is disinherited, is it limited to his legitime# a. b. c. d. %o, it also covers the free portion. $es, it is limited only to his legitime. /isinheritance affect only the free portion but not the legitime %one of the above.

11. Rights to succession are transmitted= a. b. c. d. >n date of last will and testament >n probate of will >n death of testator >n date of death of surviving heir

1 . 2hat law shall determine the validity of a will# a. b. c. d. The national law of testator The law at the time it is made The law at the time of probate of the will The law at the time of death of the testator

1&. A holographic has no date except one found on the first page, is the will valid# a. $es, because the law does not specify the place where the date should be placed. b. %o, because the date should be after the signature of the testator. c. %o, because it did not follow the re4uirements of law.

d. $es, because the intention of the testator must be respected. 1*. In case a holographic will is lost, can it still be probated# a. b. c. d. %o, because the best and only evidence of the handwriting is the will itself. %o, the probate court has no "urisdiction. %o, because the testator is still living. $es, because secondary evidence may be presented.

11. /isposition captatoria means that the heir shall ma0e provisions in his will= a. b. c. d. In favor of another heir In favor of testator or any other person In favor of the state In favor of a legatee

13. ?reterition or omission of one, some, or all the compulsory heirs, or some of compulsory heirs in the direct line whether living at the time of the execution of the will or born after the death of the testator shall= a. b. c. d. @a0e the will voidable @a0e the will void Annul the institution of heirs @a0e the will unenforceable

15. After the probate of a will, may a case for forgery be filed against an instituted heir# a. b. c. d. %o, because the probate of the will is an evidence of its due execution and authenticity. %o, because the probate of the will is a "ustifying circumstance. $es, because a forgery is a criminal action. $es, because this is a statutory right.

19. 2hen an in"ury or damage is caused to another, there being fault or negligence and there is no preAexisting contractual relation between the parties, the source of the obligation is= a. b. c. d. ,aw )ontracts BuasiAcontracts BuasiAdelicts

1;. The bailee has the right to be reimbursed in full for advances he made for extraordinary expenses of preservation of the sub"ect matter in commodatum.
a. b. c. d.

he gave notice to the bailor before he incurred the expense. if the extraordinary expense arose out of the actual use of the thing. if the bailee was negligent in the use of the thing borrowed. even if the cause of the expense was the fault of a third person.

<. 2hat are the ob"ectives of ?robate proceedings#

a. ?robate proceedings see0 to establish the identity of the will, its genuineness and due b. c. d. e.

execution, and the testamentary capacity of the testator. ?robate see0s to determine whether the will is formally valid. ?robate see0s to determine whether the will is intrinsically valid. Both b and c are correct. Both a and b are correct.

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

if there is an agreement in writing to that effect. as a matter of course. if the amount borrowed is very large. if the lender so demands at the maturity date. . /isinheritance is the process or act through testamentary disposition of depriving in a will any compulsory heir of his legitime for true and lawful causes. The re4uisites are=

a. b. c. d.

@ust be a valid will with legal, true and existing cause expressly stated. @ust be total and complete and said cause stated in the will. The disinherited heir must be clearly identified and the will is not revo0ed. All of the above.

&. 2hat crimes committed by a convict will dis4ualify him as an instrumental witness to a will# a. b. c. d. Calsification of public document. ?er"ury and false testimony. +lander by deed. a and b

*. This party in a reserva troncal is the descendant Dbrother or sisterE whose death gives rise to the reserve and from whom therefore the third degree is counted is 0nown as= a. b. c. d. >rigin ?ropositus Reservista Reservatorios

1. A has a son B and the latter adopted ). B predeceased his father. )an ) represent B in the inheritance of A# a. b. c. d. $es, he is a compulsory heir. $es, he is the legal representative. %o, there is no blood relationship between A and ). %o, he is a voluntary heir.

3. ' during his lifetime sold and conveyed two D E parcels of land to his heirs. After '(s death and the probate of his will, are the conveyed properties sub"ect to collation for determination of the heirs( legitime# a. %o, because ' is no longer the owner of the conveyed properties. b. %o, because there was no gratuitous conveyance.

c. $es, because the heirs are already the owners of the conveyed properties. d. $es, they are considered advanced legitime. 5. )an a criminal convicted of a crime which carries civil interdiction execute his will# a. b. c. d. $es, it is his statutory right. %o, it is an accessory penalty. $es, it only prohibits disposition of property inter vivos, not mortis causa. %o, it is inconsistent with public policy.

9. +pouses @ and % executed two D E separate wills containing the same provisions. After their death, their compulsory heirs filed a petition for "oint probate of their wills. >ne of the voluntary heirs ob"ected because "oint probate is invalid. Is the ob"ection tenable# a. b. c. d. $es, "oint wills are not allowed in the )ivil )ode. $es, because the wills have different voluntary heirs. %o, because @ and % are spouses. %o, because practicable considerations dictate the "oint probate of the wills.

;. ' was disinherited by his father $. In the probate of $(s will, can the children of ' represent their disinherited father# a. b. c. d. %o, the disinheritance affects the heirs of the disinherited person. $es, representation is allowed in case of disinheritance. $es, substitution of the disinherited person is allowed. %o. Representation is not allowed by law.

&<. +tate the share in the estate of the testator of illegitimate children who survive with the surviving spouse. a. b. c. d. 17& F 179 6

&1. A complaint of forgery was filed against instituted heir after the allowance of probate of the testator(s will. 2ill this action prosper# a. b. c. d. %o, the probate of the will is an evidence of the due execution of the will. %o, the probate is a "ustifying circumstance. $es, forgery is a criminal action. $es, this is a statutory right.

& . In reserve troncal the relatives within third degree coming from the same line inherit from= a. b. c. d. /escendant propositus Reservista >rigin Testator

&&. The renunciation or repudiation of inheritance shall ta0e effect=

a. /ate of repudiation or renunciation b. /ate of will c. /ate of allowance of will d. /ate of death of testator &*. /isposition )aptatoria is void because the heir ma0es a disposition in his will in favor of= a. b. c. d. another heir testator the +tate a legatee or devisee

&1. @ay the alluvial deposits be lost by prescription in favor of another# )hoose the best answer. a. b. c. d. %o, because there is registration by fiction of law. %o, because it is covered by a Torrens title. $es, because it is not covered by a Torrens title. $es

&3. The northeastern portion of the land of ' is bounded by the @anila bay. If there is accretion formed, who owns the accretion# )hoose the best answer. a. b. c. d. The riparian owner. The accretion belongs to the state. The owner of the contiguous land. Belongs to the land ad"oining it.

&5. 2hich of the following is not a characteristic of a coAownership# a. b. c. d. There must be more than one sub"ect or owner. There is one physical whole divided into ideal shares. Gach share is definite in amount, but is not physically segregated from the first. The coAownership has "uridical personality.

&9. The following are modes of extinguishing usufruct except, a. b. c. d. Gxpiration of the period for which it was constituted. @erger of the usufruct and ownership in the same person. Total loss of the thing. Bad use of the thing in usufruct..

&;. ',$, and H are coAowners of a real property which was mortgaged to A. ' redeemed it during the period of redemption with his personal funds. /id ' become the sole owner of the property, thereby terminating the coAownership# a. $es, because his redemption vest in him sole ownership. b. $es, because the funds belong to him alone. c. %o, because the redemption inured to the benefit of all coAowners.

d. %o, because $ and H did not consent to the redemption. *<. The following are the classes of possession except. a. b. c. d. ?ossession in one(s name or possession in the name of another. ?ossession in the concept of an owner or possession in the concept of a holder. ?ossession in good faith or bad faith. ?ossession with "ust title.

*1. The following are the re4uisites of the easement of right of way, except. a. b. c. d. The property is surrounded by other estate. There must be no ade4uate outlet to a public highway. There must be indemnity. That if there is outlet, it is not convenient to the dominant estate.

* . The following are dis4ualified to donate to each other, except. a. Those guilty of adultery or concubinage at the time of the donation. b. Those found guilty of the same criminal offense in consideration thereof. c. Those made to public officers or their spouses, descendants, or ascendants, by reason of their office. d. Those obliged to support one another. *&. The following are the remedies against private nuisance, except. a. b. c. d. A civil action A prosecution under the penal code or any local ordinance. Abatement without "udicial proceedings. %one of the above.

**. The nature of action in Buieting of Title is in personam. a. b. c. d. e. %o, it is always a real action since the sub"ect is real property. %o, because the decision is enforceable against the whole world. $es, provided the sub"ect is personal property. $es, because the decision is enforceable only against the defeated party. %one of the above.

*1. @inerals are still owned by the state even if discovered from a private land. a. b. c. d. e. $es, provided the land is not titled. $es, because the constitution so provides. %o, if the land is titled to a private person. %o, it will violate property and property rights. %one of the above.

*3. The owner and the tenant are in both possession of the land sub"ect of the lease contract. a. %o, only the tenant, because he is in actual possession of the land. b. %o, only the owner, because the other is "ust a mere tenant.

c. $es, but of different concept. d. %o, either of them. e. $es, as general rule. *5. %egative easement may be ac4uired by prescription through notarial prohibition. a. b. c. d. e. %o, because it is nonAapparent. $es, because notarial prohibition ma0es apparent what is nonAapparent. $es, because it is provided for by law. $es, only after 1< years from service of notarial prohibition. %one of the above.

*9. In case of roots of a neighboring tree intruded to the state of another, the neighboring owner has the right to cut it off. a. b. c. d. e. $es, only after his demand for the cutting is ignored. $es, because he owns the roots that intruded at his property. %o, without permission from the owner of the tree. $es, only after 1< years of prescription. %o, as a general rule.

*;. 2hich statement is correct# 1. Accession is the right of an owner of a property to everything which is produced thereby or which is incorporated or attached thereto either naturally or artificially. . %atural, industrial and civil fruits belong to the owner. a. Both statements are correct. b. +tatement 1 is correctI statement c. +tatement 1 is correctI statement is incorrect. is correct.

1<. It is a process whereby the current of a river, cree0, or torrent segregates from an estate on its ban0 a 0nown portion of land and transfers it to another estate. +uch process is 0nown as= a. b. c. d. Alluvion Avulsion Ad"unction )ommixtion

11. 2hich provision of the )ondominium Act DRA *5;3E is correct# 1. A condominium corporation shall not, during its existence, sell, exchange, and lease or otherwise dispose of the common areas owned by or held by in the condominium pro"ect unless authori-ed by the affirmative vote of all the stoc0holders or members. . 2henever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for purposes of real property taxation and other tax purposes, to the owners thereof and tax on each such condominium shall constitute a lien solely thereon. a. ?rovision 1 is correct, is incorrect.

b. Both provisions are incorrect. c. Both provisions are correct. d. ?rovision 1 is incorrect, is correct. 1 . @ay a real property be classified validly as personal property# a. b. c. d. e. $es provided it will not pre"udice third person7s. $es by special provision of our laws. $es by agreement between the parties. %o. A real property is always a real property. A, B J ) are all correct.

1&. :nder our law Kood Caith is presumed, why# a. b. c. d. e. Because of express provision of our law7s. Because it is the right thing to do. %o, you have to prove it by extrinsic evidence.. %o, it is to be proven beyond reasonable doubt. A and B are correct.

1*. In li0e manner, Bad Caith is not presumed. 2hy# a. b. c. d. e. $es, because bad faith is personal. $es, because bad faith could be inherited. $es, because ignorance of the law excuses no one. $es, because it should be proven in court. A and / are correct.

11. In land registration cases, the government is always represented by whom# a. b. c. d. e. By the >ffice of the )ity ?rosecutor. By the >ffice of the +olicitor Keneral. By a private counsel hired for that matter. By the Register of /eeds. By the Bureau of ,and.

13. Accession is not a mode of ac4uiring ownership# a. b. c. d. e. $es, because it was not one of the seven D5E modes of ac4uiring ownership. %o, it is considered as ac4uisition by law. %o, because it is neither alluvium or avulsion. $es, in accordance with our customs. $es, as a general rule only.

15. A Torrens Title is not a protection in alluvium# a. b. c. d. e. %o, because a land covered by Torrens Title is not sub"ect to prescription. %o, for economic reason. $es, because the soil added cannot be identified. %o, because the property is titled. $es, if the river is navigable or floatable only.

19. A possessor in bad faith of a land is entitled for reimbursement as a matter of right# a. b. c. d. e. $es, but only to useful expenses. %o to all 0ind of expenses, because he is in bad faith. $es, but only to luxury expenses. $es, but only to necessary expenses. $es, by agreement with the parties.

1;. Illegal condition7consideration will result to nullity of the contract of donation# a. b. c. d. e. $es, because the contract shall be contrary to law. $es, but if the condition7consideration had been fulfilled already. %o, if the condition7consideration had not been fulfilled yet. %o, because it will violate the constitutional rights of the parties. B and ) are correct

3<. In land registration cases, the court may ac4uire "urisdiction only after= a. b. c. d. e. +ervice of summons to the respondents7defendants. After trial of the case. :pon filing of the petition7complaint. :pon publication. :pon filing of the answer by the respondent7defendants.

31. In the contract of usufruct, the owner of the property is being called the na0ed owner. 2hy# a. b. c. d. e. Because the owner lost possession of the property. >nly if the sub"ect is real property. Because of the agreement of the parties. Because he was divested of his two D E ma"or rights. Because it is a good name.

3 . In formation of an island, the owner of the nearest margin7distance is the owner of the new island# a. b. c. d. e. Because of the principle that accessory follows the principal. Because of the express provision of laws. >nly if the river is floatable or navigable. >nly if the river is nonAfloatable or nonAnavigable. >nly if there is a driesAup river bed.

3&. In perpendicular coAownership, each floor owners must bear expenses pertaining to his own floor# a. b. c. d. e. %o, all the coAowners must share proportionately. %o, it is covered by )ondominium ,aw. $es, because his ownership is identified. $es, as expressly provided for by law. ) and / are correct.

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3*. Gasement is always a real right. a. b. c. d. e. $es, if the easement is for use of another real property. %o, if the easement is for use of person only. $es, because it is enforceable against the world. %o, because it is a property use limitation. $es, in the case of contractual easement only.

31. A nuisance is one of the most serious hindrance to the en"oyment of life and property. a. b. c. d. e. $es, because it in"ures or endanger our health and safety. $es, because it annoys or offends our senses. $es, because it shoc0s, defies or disregards decency or morality. $es, because it hinders or impairs the use of property. All are correct.

33. Registration of the Register of /eeds is a mode of ac4uiring ownership. a. b. c. d. e. $es as provided for by ?./. 11 ;. $es as provided for by the %ew )ivil )ode. %o, it is only for the protection of ownership rights. $es, because if you failed to register it, you may lost it by prescription. %one of the above.

35. @ay a local ordinance extinguish a legal easement# a. b. c. d. e. $es, because it is a recent law. $es, if the local ordinance expressly provided the same. %o, because a local ordinance should not be repugnant to law. %o, because the local ordinance is not valid for being contrary to law. ) and / are both correct

39. A condominium buyer is entitled to the issuance of the )ondominium )ertificate of Title as a matter of right. a. b. c. d. e. $es, from the time he signed the )ontract of +ale. $es, from the time he fully paid the purchase price. $es, from the time of the delivery of the condo unit. $es, provided it is stated at the @aster /eeds. All of the above.

3;. The doctrine of L!ot ?ursuitM is an exemption to that a person should not ta0e the law into his own hands. a. b. c. d. e. $es, under special circumstance only. %o, because everybody should be law abiding citi-en. %o, because ignorance of the law excuses no one. %o, because the rule allows no exemption. All of the above.

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5<. The nature of action in Buieting of Title is in personam. a. %o, because the sub"ect of the case is always a real property. b. %o, because the decision in the case is enforceable against the whole world. c. $es, provided the sub"ect is a personal property. d. $es, because the decision is enforceable only against the litigating parties. e. %one of the above. 51. :nder Intellectual ?roperty )ode, to be covered by the law, it is re4uired that you register your business in the ?hilippines. a. b. c. d. e. $es, because registration will give you such protection. %o, because the law is design to protect registered and nonAregistered owner. %o, because the law is design to protect world wide piracy of products. $es, because registration will give "urisdiction to our court. B and ) are correct.

5 . Cinder of lost movable property is guilty of the crime of theft if he 0eeps the thing to himself# a. b. c. d. e. %o, because there is no force upon person. $es, if there is force upon thing. $es, li0e in prescription. $es, because the owner lost only physical possession. %o, because there is no more owner to spea0 with.

5&. Reproduction of boo0s by 'erox or photocopying is a violation of the )opyright ,aw# a. b. c. d. e. %o, it is being tolerated anyway. %o, because there is no law that prohibits it. %o, because it is economical. $es, because it deprives the author of his royalties. $es, because the operator of the 'erox @achine does not pay his income tax.

5*. /onation is both an act and a contract. a. b. c. d. e. %o, because it is an act of man only. %o, because there is no exchange of value. $es, because it is a gratuitous contract. %o, because it is not part of >bligation and )ontract of %ew )ivil )ode. %one of the above.

51. /onation of the same thing to two or more persons shall be governed by the rule on double sale# a. b. c. d. e. %o, because they are of different contracts. %o, because they are covered by different chapters of the %ew )ivil )ode. $es, because both acts transfer ownership. %o, because in donation there is no exchange of value. %o, because in sale there is exchange of values.

53. All installment buyers of real estate are protected by R.A. 311 D@aceda ,awE.

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a. b. c. d. e.

$es, because it is the intent and spirit of the law. %o, only those who had paid at least years of installment and defaulted later. %o, they have to apply for it first at !,:RB to be covered. $es, provided it will not violate their contract. %o, it is applicable only to buyer in installment of appliances.

55. %oel and ,i-a were sweethearts. ,i-a became pregnant. Nnowing that %oel was preparing for the bar examinations, @iguel, a lawyer and cousin of ,i-a threatened %oel with the filing of a complaint for immorality in the +upreme )ourt, thus, preventing him from ta0ing the examinations unless he marries ,i-a. As a conse4uence of the threat, %oel married ,i-a. )an the marriage be annulled on the ground of intimidation under Article *1 of the Camily )ode# a. $es, because without the threat, %oel would not marry ,i-a. b. $es, because the threat, to enforce the claim of ,i-a, vitiates the consent of %oel in contracting the marriage. c. %o, because the threat made by @iguel is "ust and legal. d. %o, because @iguel is not a party to the contract of marriage between ,i-a and %oel. 59. @agdalene and +hantung )ompany entered into a contract of agency before the consul general of the ?hilippines in +ingapore. They stipulated that @agdalene shall be the administrator of the real properties of +hantung )ompany in the said country. By virtue of the said contract, @agdalene sold the 1 hectare land of +hantung )ompany located in +ingapore to @ayhem Real Gstate )orporation without any special power of attorney. The said contract of sale was executed before the vice consul of the ?hilippines in +ingapore. :nder the laws of +ingapore, the sale of a real property by an agent without a special power of attorney is valid. +hantung )ompany filed a suit for the annulment of the contract of sale on the ground that @agdalene has no authority to sell the property. If you were the "udge, which of the following courses of action should you ta0e# a. /ismiss the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are executed. b. /ismiss the action for annulment on the ground that the property sub"ect of the case is located in +ingapore, thus, the law of +ingapore shall govern. c. Krant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are executed. d. Krant the action for annulment on the ground that +hantung )ompany did not authori-ed @agdalene to sell the property. 5;. 2endy, single, bought a parcel of land in /agupan )ity from Amante for ?3<<,<<<.<<. A contract was executed between them which already vested upon 2endy full ownership of the property, although payable in monthly installments for a period of * years. >ne year after the execution of the contract, 2endy got married to ,oren-o. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of con"ugal partnership of gains. Thereafter, subse4uent installments were paid from the con"ugal partnership funds. Is the land con"ugal or paraphernal# a. The land is con"ugal because the installments were paid from the con"ugal partnership funds.

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b. The land is paraphernal because ownership thereof was ac4uired before the marriage. c. The land is both con"ugal and paraphernal because the installments were paid from both the personal funds of 2endy and the con"ugal partnership funds. d. The land is paraphernal because it was 2endy who purchased the same. 9<. @arvin was married to )harina on Cebruary 1*, 1;;<. )harina gave birth to a baby girl she named %oreen. /ue to irreconcilable differences, @arvin left the con"ugal dwelling. )harina, on the other hand fell in love with /avid and they decided to live together as husband and wife on @ay 1 , 1;; . +ix D3E years after or on +eptember 9, 1;;9, @arvin died in an accident. Cree at last, )harina and /avid decided to get married on Cebruary 1*, <<< executing an affidavit that they have been living together as husband and wife for more than five D1E years. The marriage too0 place but the solemni-ing officer failed to execute an affidavit that he ascertained the 4ualifications of the contracting parties. Two D E years later, )harina died living a considerable amount of properties. %oreen, assisted by her grandparents, filed a petition 4uestioning the validity of her marriage to /avid. If you were the "udge, how will you decide on the petition# a. /ismiss the petition on the ground that %oreen has no personality to 4uestion the validity of the marriage of her mother to /avid. b. Krant the petition on the ground that he ascertained the 4ualifications of the contracting parties and found no legal impediment to the marriage. c. /ismiss the petition on the ground that the marriage is valid because )harina and /avid lived together as husband and wife for more than 1 years and their marriage too0 place after the death of @arvin, the husband of )harina, thus, no need to secure a marriage license. d. Krant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid. 91. +pouses Reynaldo and Ana decided to separate and to voluntary dissolve their con"ugal partnership. !ence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their con"ugal partnership, and that each of them would thereafter be free to ac4uire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to ac4uire properties through his own efforts. The creditors of Ana obtained a "udgment against the latter which they could not satisfy because Ana was insolvent. )ould the creditors of Ana obtain satisfaction of the "udgment out of the properties of Reynaldo# a. $es, because the properties of Reynaldo are con"ugal as they were obtained through his efforts and industry. b. $es, because the parties are still legally married to each other when the creditors obtained a favorable "udgment against Ana. c. %o, because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries. d. %o, because there was an agreement between the parties to voluntarily dissolved their con"ugal partnership. 9 . Oessie donated ? <<,<<<.<< to the unborn child of his cousin ,aura, which the latter accepted in a private instrument. After 3 months of pregnancy, the fetus was born and bapti-ed )asey. )asey died hours after birth. Oessie sought to recover the ? <<,<<<.<<. Is Oessie entitled to recover the money he donated#

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a. %o, because the donation is valid as ,aura already accepted the same b. %o, because when )asey died, ,aura, as )asey(s heir, inherited the money donated by Oessie. c. $es, because the donation never produced any legal effect as )asey, the supposed donee, never ac4uired civil personality. d. $es, because the donation is void as the acceptance was not made in a public instrument, thus producing no legal effect. 9&. )lar0 Nent, an American national, married /arna dela )ru-, a Cilipino )iti-en last @arch 9, 1;; with a valid marriage license. It appears that )lar0 Nent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. The :.+. embassy claims that such marriage is void from the beginning. Is the contention of the :.+. embassy tenable# a. $es, because the law provides that when either or both of the contracting parties are citi-ens of a foreign country, it shall be necessary for them, before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials. b. $es, because the marriage license was wrongfully obtained by the parties, thereby invalidating the marriage. c. %o, because the :.+. embassy later on issued a certificate of legal capacity to contract marriage, thus, during the defect in the issuance of the marriage license. d. %o, because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal re4uisites of marriage, thus it will not affect the validity of the marriage. 9*. Klenda, a Cilipino citi-en and Oohn Riel, an Australian citi-en, got married in the consular office of the ?hilippines in Australia. According to the laws of Australia, a marriage solemni-ed by a consular official is valid, provided that such marriage is celebrated in accordance with the laws of such consular official. 2hat is the status of the marriage of Klenda and Oohn Riel# a. .oid, because the consular official has no authority to solemni-e the marriage. b. .alid, because according to the laws of Australia, such consular official has authority to celebrate the marriage. c. .oidable, because there is an irregularity in the authority of the consular official to solemni-e marriages. d. .alid, because such marriage is recogni-ed as valid in the place where it was celebrated. 91. The doctrine of L+elfA!elpM is an exemption that a person should not ta0e the law intro his own hands. a. b. c. d. e. $es, under special circumstances. %o, because everybody should be law abiding citi-en. %o, because ignorance of the law excuses no one. %o, because the rule allows no exemption. All of the above.

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93. Gxcited over their impending marriage, the parties overloo0ed the expiration date of their marriage license but "ust the same the marriage was solemni-ed two days after its expiration date. The marriage is=
a. b. c. d. e.

valid there being a marriage license validly obtained by the parties. voidable there being a defect in the formal re4uisite. valid there being only an irregularity in the marriage license. void in the absence of a valid marriage license. valid there being good faith on the part of the parties.

95. Cilipinos are governed by their national law with respect to the following matters, except=
a. b. c. d. e.

legal capacity family rights and status personal property testamentary succession intrinsic validity of wills

99. +eparation of property between spouses during the marriage may ta0e place only=
a. b. c. d. e.

by agreement of the spouses. if one of the spouses has given ground for legal separation. upon order of the court. if one spouse has abandoned the other. if only one of the spouses is earning.

9;. Cor civil purposes, a fetus may be considered born if=

a. it had an intraAuterine life of 9 months but is dead upon delivery. b. it had an intraAuterine life of less than 5 months and it died after 1 days upon delivery. c. it had an intraAuterine life of less than 5 months and dies within * hours after its complete

delivery from the maternal womb.

d. it was aborted on re4uest of or with permission from the father to save the life of the mother. e. it had an intraAuterine life of ; months but dies in the maternal womb.

;<. The husband may impugn the legitimacy of his child but not on the ground that=
a. b. c. d. e.

the wife is suspected of infidelity. the husband had a serious illness that prevented him from engaging in sexual intercourse. the child could not be his for biological or scientific reasons. they were living apart. he is physically incapable of sexual intercourse

;1. A marriage is void if=

a. solemni-ed with a marriage license issued without complying with the re4uired 1<Aday b. c. d. e.

posting. solemni-ed by a minister whom the parties believe to have the authority. between parties both & years of age but without parental advice. between a woman and her husband(s 0iller7holdup per. solemni-ed by a commanding officer between two members of his battalion.

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; . In legal separation=
a. the aggrieved spouse may file the action within 1 years from the time of the occurrence of the b. c. d. e.

cause. no trial shall be held without the 3Amonth cooling off period being observed. the spouses will be entitled to live separately upon the start of the trial. the prosecuting attorney has to conduct his own investigation. the decree will not be granted solely on the basis of admission.

;&. Three years after marriage, wife learned that husband is afflicted with +T/. Apparently, he has been afflicted even before the marriage but concealed such fact. An action for annulment may be filed by the wife.
a. b. c. d. e.

within five years after marriage. anytime during the lifetime of the husband. within five years upon 0nowledge of the +T/. anytime during the lifetime of the wife. anytime during the marriage.

;*. >n @arch &, 1;;1, wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. !e has since been contemplating on impugning the legitimacy of the child until he met an accident and died on @arch 5, 1;;3. The legitimacy of the child may be impugned by=
a. b. c. d. e.

his parents his illegitimate child, if any his brothers or sisters his aunts or uncles none of them

;1. +pecific guidelines have been laid down by the +upreme )ourt in the interpretation and application of psychological incapacity as a ground for annulment.
a. b. c. d. e.

the incapacity must be proven to be existing at the time of the celebration of the marriage. the illness must be grave the burden of proof must rest on the respondent. the roots of the illness can be traced to the history of the sub"ect the incapacity appears to be incurable.

;3. Gxcessive donation inter vivos may be revo0ed or reduced after the death of the donor.
a. b. c. d. e.

$es, in so far that it reduces the legitimate of the compulsory heirs. %o, because it too0 effect while the donor is still alive. %o, because it will impair the right of a person to enter into a contract. %o, because it is not practical. All of the above.

;5. A husband by chance discovered hidden treasures on the paraphernal property of his wife, who owns the discovered treasure.

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a. The half pertaining to the husband DfinderE belongs to the con"ugal partnership b. The half pertaining to the wife Das ownerE belongs to the con"ugal partnership c. >ne 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 ;9. Action for rescission on the account of lesion will prescribe within AAA a. b. c. d. 1< years 1 years 5 years answer not given

;;. 2hich one is more burdensome, easement or usufruct# a. :sufruct because the usufructuary has possession and fruits of the property b. Gasement because the servient estate is under obligation to let others use the property c. %one, because in both cases there is no transfer of title d. Gasement because easement is enforceable even if there is no contract 1<<. Are growing crops real property# a. $es, for the purpose of civil law b. %o, for the purpose of criminal law c. %o, for the purpose of commercial law d. All of the above e. %one of the above 1<1. A, donated a parcel of land to the unborn child of ! and 2, is the donation valid# a. %o, because there is no donee yet b. %o, because there is no one yet to accept the donation c. $es, provided the child be born alive or to live for at least * hours under certain conditions d. %o, because the donee has no name yet to whom the land is to be transferred 1< . @r. O constructed a bas0etball court at the middle of the street, may @r. O be charged criminally in court# . a. %o. because the remedy is only destruction or removal b. %o, because the case is inlay civil in nature c. $es, provided that the bas0etball court be declared first as a public nuisance d. $es, provided that @r. O did not pay any permit to the local government 1<&. @r. ' planted a mango tree at the edge of the boundary line of his D'E land with @r. B. After ten years branches of the mango tree encroached the air space of B. @r. ' is the owner of the encroaching branches becauseP a. of the principle Laccessory follows the principal b. the tree is planted in his D'E land c. in accordance with the law of easement

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d. All of the above e. %one of the above 1<*. 2hich among the properties of the states that could be the sub"ect of prescription in favor of a private person# a. agricultural land b. forest land c. public road d. seashore 1<1. 2hich among the churches listed below is owned by the Roman )atholic )hurch# a. Buiapo )hurch constructed after 19;9 b. +an Agustin )hurch constructed before 19;9 c. @anila )athedral constructed before 19;9 d. .igan )hurch constructed before 19;9 1<3. 2hich among the group of things listed below could not be considered as a property# a. res nullius b. res communes c. res alicu"us d. %one of the above 1<5. ?atrimonial ?roperty of the +tate refers to a. those no longer intended for public use and public service b. those no longer intended for public good and public welfare c. those actually possessed, occupied or utili-ed by indigenous cultural minorities themselves or through their ancestors

by

1<9. The document issued by the government agency concerned stating that mineral resources pro"ect under consideration will not bring about an unacceptable environmental impact and that the proponent has satisfied the re4uirements of the environmental impact system is called a. Gnvironmental )ompliance )ertificate DG))E b. Gnvironmental Impact +tatement DGI+E c. Ooint .enture Agreement DO.AE d. @ineral Resource G/:) )ertification 1<;. 2hich of the following marriages is void for reasons of public policy# a. b. c. d. e. Between brothers and sisters, whether of the full or half blood Between stepAparents and step children Between parentsAinAlaw and childrenAinAlaw B and ) %one of the above

11<. 2hich of the following is not included in the attributes of "uridical capacity#

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a. Ouridical ?ersonality is inherent in every natural person, and therefore it is not ac4uired. b. Ouridical capacity is lost only through death c. Ouridical capacity can be limited or restricted d. Ouridical capacity cannot exist without capacity to act e. %one of the above 111. The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage, except# a. %onAdisclosure of the previous conviction by final "udgment of the other party of a crime involving moral turpitude b. )oncealment of drug addiction of a sexuallyAtransmissible disease, regardless of its nature, existing at the time of the marriage c. )oncealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage d. )oncealment by the wife or the husband of the fact of previous sexual relations prior to the marriage e. All of the above 11 . 2hich of the following is not a re4uisite for a valid donation propter nuptias# a. The donation must be made before the celebration of the marriage b. The donation shall be automatically revo0ed in case of nonAcelebration of the marriage c. The donation must be made in consideration of the marriage d. The donation must be made in favour of one or both of the future spouses e. %one of the above 11&. 2hich of the following circumstances does not terminate the absolute community of property# a. b. c. d. e. :pon the death of either spouse :pon conviction of a crime involving moral turpitude by either spouse 2hen the marriage is annulled or declared void. 2hen there is a decree of legal separation %one of the above

11*. The general rule is that both husband and wife must "ointly adopt except in the following cases= a. b. c. d. e. 2hen one spouse see0s to adopt his own illegitimate child 2hen one spouse see0s to adopt his own legitimate child 2hen one spouse see0s to adopt the legitimate child of the other A and B A and )

111. 2hich of the following is not a ground for extinguishment of parental authority# a. :pon the death of the child

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b. c. d. e.

:pon adoption of the child :pon appointment of a general guardian All of the above %one of the above

113. Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Bruce was engaged to @argarita. In view of the pronouncement of Bruce(s doctor, the two got married without a marriage license. +ix D3E months thereafter, Bruce died. The validity of their marriage was attac0ed on the ground that the marriage was not a marriage in articulo mortis. 2hat is the status of the marriage between Bruce and @argarita. a. b. c. d. e. .oidable .alid .alid but sub"ects the party responsible to civil, criminal and administrative liability :nenforceable .oid ab initio

115. 2hich of the following does not characteri-ed legal separation# a. b. c. d. e. The marriage is not defective The grounds arise only after the marriage The spouses are still married to each other and cannot, therefore remarry There are ten D1<E grounds for legal separation %one of the above

119. The )ivil )ode of the ?hilippines too0 effect on= a. b. c. d. August &<, 1;11 Oune &<, 1;1< August &<, 1;1< Oune &<, 1;*;

11;. )harlie gave his diamondAencrusted watch worth ?hp 1,<<<.<< to his friend /anny as a birthday gift. /anny readily accepted the gift with profuse gratitude. >ne month later, they had a serious 4uarrelI hence, )harlie demanded the return of the watch from /anny. /anny refused to return the watch. 2hat is the nature of this donation# DaE .alid, because there was intention to donate and delivery by the donor )harlie. DbE .alid, because there was acceptance and receipt of the donated personal property by the donee /anny. DcE .oid, because the value of the thing donated exceeded ?hp 1,<<<.<< and the donation and acceptance were not in writing. DdE .oid, because the value of the thing donated exceeded ?hp 1,<<<.<<< and the donation and acceptance were not in a public instrument. 1 <. In a residential subdivision in +an ?edro, ,aguna, @arimar constructed and maintained a shoe factory which emits pollution and very loud noise * hours a day. !ow do you classify this nuisance#

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DaE %uisance per se, because it is always a nuisance, regardless of its location and surroundings. DbE %uisance per accidents, because it is only a nuisance based on its location and circumstances. DcE %uisance per se, because it affects the entire subdivision DdE %uisance per accidents, because it affects and annoys the entire residential subdivision. 1 1. Amelia and Arsenio are married. Amelia went to the :.+. to wor0 as a nurse in <<1. +he left her two D E children, Ben"ie and )herry, * years old and years old, respectively, with her parents, /anilo and Glenita. ,ater, because his parentsAinAlaw, do not want to give his children to him, Arsenio, through tric0ery, was able to get his children from their maternal grandparents. /anilo and Glenita are claiming that they have a better right to have custody over Ben"ie and )herry since they are financially capable of supporting the needs of the children. )an the grandparents claim bac0 the children# DaE $es, because the mother Amelia has transferred her parental authority over the children in favor of the grandparents. DbE $es, because the grandparents are more financially capable of providing for the needs of the children. DcE %o, because parental authority should be vested on the present parent, Arsenio. DdE %o, because the children should be given bac0 to their mother considering that being both less that 5 years of age, their mother must have custody over the children. 1 a. b. c. d. . >ccupation is=

A derivative mode of ac4uiring ownership An original mode of ac4uiring ownership %ot a mode of ac4uiring ownership %one of the above

1 &. )lara thin0ing of her morality, drafted a will and as0ed Roberta, !annah, ,uisa and Ben"amin to be witnesses during the day of the signing of her will, )lara fell down the stairs and bro0e both her arms. )oming from the hospitals, )lara insisted on signing her will by thumb mar0 and said that she can sign her full name later. 2hile the will was being signed, Roberta, experienced a stomach ache and 0ept going to the restroom for long period of time. !annah while waiting for her turn to sign the will, was reading the 5 th !arry ?otter boo0 on the couch, beside the table on which everyone was signing Ben"amin, aside from witnessing the will. Also offered to notari-e it. A wee0 after, )lara was run over by a drun0 driver while crossing the street in Kreenbelt. @ay the will of )lara be admitted to probate# Kive your reasons briefly. a. $es, because the testatrix signed the will in the presence of * credible witnesses and the credible witnesses signed the will in the presence of the testatrix and of one another. b. $es, because the testatrix signed the will in the presence of & credible witnesses and the & credible witnesses signed the will in the presence of the testatrix and of one another. c. %o, because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another.

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d. %o, because the testatrix was not 1 *. In 1;93, Oennifer and Brad were madly in love. In 1;9;, because a certain ?icasso painting reminded brad of her, Oennifer ac4uired it and placed it in his bedroom. In 1;;<, Brad and Oennifer bro0e up. 2hile Brad was mending his bro0en hearth, he met Angie and fell in love. Because the ?icasso painting reminded Angie of him, Brad in his will be4ueathed the painting to Angie. Brad died 1;;1. +addened by Brad(s death, Oennifer as0ed for the ?icasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will, be4ueathed the painting to her is Angie correct# 2hy or why not# a. b. c. d. $es, because the painting was owned by Brad $es, because the painting was given as legacy to her by Brad. %o. because the real owner of the painting was Oennifer. $es, because the painting was given to Brad as a gift by Oennifer.

1 1. Cor purpose of this 4uestions, assume all formalities and procedural re4uirements have been complied with= in 1;5< Ramon and /essa got married. ?rior to their marriage, Ramon had a child, Anna. In 1;51 and 1;5 Ramon and /essa legally adopted )herry and @ichelle respectively. In 1;5&, /essa died while giving birth to ,arry. Anna had a child. ,ia, Anna never married. )herry, on the other hand, legally adopted +helly. ,arry had twins, !ans and Kretel, with his girlfriend, Ciona. In <<1, Anna, ,arry, and )herry dies. 2ho may inherit from Ramon and who may not# Kive your reason briefly. a. ,ia shall inherit from Ramon because the ironAbarrier rule is not applicable his being illegitimate daughter of Anna, the illegitimate daughter of Ramon. b. !ans and Kretel shall not inherit from Ramon, the iron barrier rule applicable in this case. !ans and Kretel are the legitimate son of Ramon. c. @ichelle shall inherit from Ramon being the legally adopted daughter of Ramon. +he en"oys the same rights and privilege "ust li0e a legitimate child, including successional rights d. +helly shall not inherit being the legally adopted daughter of )herry, the legally adopted daughter of Ramon. The relationship created by fiction of law extends only the adopter and adoptee and does not extend anymore to parents of the adopter. e. All of the above 1 3. The following constitute fraud which is a ground for annulment of marriage a. concealment of pregnancy of the wife by a man other than the husband b. concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage c. concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable d. letters a and b e. all of the above 1 5. A valid marriage licence secured prior to the marriage is a formal re4uisite to ma0e the marriage valid exceptI

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a. marriage in articulo mortis b. marriage between parties who have been cohabiting for at least 1 years without any legal impediment to marry each other c. marriage before the consul, consulAgeneral or vice consul between Cilipino citi-ens abroad d. letters a and b e. all of the above 1 9. The absolute community of properly terminates a. b. c. d. e. upon the death of either spouse when the mirage is annulled or declared void upon separation of the spouses de facto letters a and b all of the above

24

ANSWER KEY IN CIVIL LAW 1

1. ) .) &. ). *. ) 1. ) 3. B 5. ) 9. B ;. B 1<. A 11. ) 1 .B 1&. A 1*. A 11. B 13. ) 15. A 19. / 1;. A <. B 1. A ./ &. / *. B 1. ) 3. B 5. ) 9. / ;. B &<. A &1. A & .A &&. / &*. B &1. A &3. B &5. / &9. / 35. ) 39. B 3;. A 5<. / 51. G 5 ./ 5&. / 5*. ) 51. ) 53. A 55. ) 59. ) 5;. B 9<. / 91. A 9 .) 9&. / 9*. A 91. A 93. ) 95. ) 99. ) 9;. B ;<. A ;1. G ; .) ;&. ) ;*. A ;1. A ;3. B ;5. ) ;9. / ;;. A 1<<. ) 1<1. ) 1< . ) 1<&. / 1<*. A

25

&;. ) *<. ) *1. / * ./ *&. B **. B *1. B *3. / *5. ) *9. B *;. A 1<. B 11. A 1 .G 1&. G 1*. / 11. B 13. B 15. ) 19. / 1;. G 3<. / 31. / 3 ./ 3&. G 3*. ) 31. G 33. )

1<1. A 1<3. B 1<5. B 1<9. B 1<;. / 11<. / 111. / 11 . B 11&. G 11*. G 111. G 113. B 115. / 119. ) 11;. ) 1 <. B 1 1. ) 1 .) 1 &. ) 1 *. ) 1 1. G 1 3. / 1 5. G 1 9. G

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