Multiple Choice Questions

CIVIL REVIEW I

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.

2. A, a minor, executed a last will and testament. He died at the age of 21, after which his will was submitted to
probate. If you were the judge, would you approve it?

a. Yes, because the will is valid.

b. Yes, because the testator is capacitated.
c. No, because the will is void.
d. No, because the will is not in accordance with law.

3. The attestation clause of X’s will do not contain his signature. At its probate, it is being opposed on that basis.
Is the opposition correct? Choose the best answer.

a. Yes, because it is fatal defect.

b. Yes, the will is not valid.
c. No, attestation clause is not an act of the testator.
d. No, attestation clause is not a part of a will.

4. After A has executed a will, he tore it out of anger because B and C were disputing the fact that a house and lot
at San Lorenzo Village should have been given by A to C when the will gives it to B. Discuss whether the will
was revoked or not.

a. The mere act of A is immaterial

b. The tearing of the will may amount 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.

5. What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the
best answer.

a. No, transmission of right from the first heir to the second.

b. No right of representation
c. The right shall be transmitted to the heirs of the second heir.
d. None of the above.

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

a. The uncles and aunts shall inherit the property

b. The nephews and nieces of the decedent survive and are willing and qualified.
c. The uncles and nephews shall inherit together.
d. The aunts and nieces shall inherit together.

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

a. The surviving spouse shall inherit the whole hereditary estate.

b. The surviving spouse shall inherit ½ of the estate.
c. The surviving spouse shall inherit 1/3 of the estate.
d. The surviving spouse shall inherit ¾ of the estate.

8. X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his inheritance from
his father. Upon X’s death, will the right of accretion apply?
 a. Yes, A may renounced his inheritance from his father.
b. Yes, the right of accretion applies.
c. No, because the renunciation is void.
d. No, because the renunciation is not in writing.

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

a. Yes, repudiation do not affect right of representation.

b. No, because heirs who repudiate their share may not be represented.
c. Yes, because the act of repudiation is contrary to public policy.
d. None of the above.

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

a. No, it also covers the free portion.

b. Yes, it is limited only to his legitime.
c. Disinheritance affect only the free portion but not the legitime
d. None of the above.

11. Rights to succession are transmitted:

a. On date of last will and testament

b. On probate of will
c. On death of testator
d. On date of death of surviving heir

12. What law shall determine the validity of a will?

a. The national law of testator

b. The law at the time it is made
c. The law at the time of probate of the will
d. The law at the time of death of the testator

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

a. Yes, because the law does not specify the place where the date should be placed.
b. No, because the date should be after the signature of the testator.
c. No, because it did not follow the requirements of law.
d. Yes, because the intention of the testator must be respected.

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

a. No, because the best and only evidence of the handwriting is the will itself.
b. No, the probate court has no jurisdiction.
c. No, because the testator is still living.
d. Yes, because secondary evidence may be presented.

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

a. In favor of another heir

b. In favor of testator or any other person
c. In favor of the state
d. In favor of a legatee

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

a. Make the will voidable

b. Make the will void
c. Annul the institution of heirs
d. Make the will unenforceable

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

a. No, because the probate of the will is an evidence of its due execution and authenticity.
 b. No, because the probate of the will is a justifying circumstance.
c. Yes, because a forgery is a criminal action.
Yes, because this is a statutory right.
20. What are the objectives of Probate proceedings?

a. Probate proceedings seek to establish the identity of the will, its genuineness and due execution, and the
testamentary capacity of the testator.
b. Probate seeks to determine whether the will is formally valid.
c. Probate seeks to determine whether the will is intrinsically valid.
d. Both b and c are correct.
e. Both a and b are correct.

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

a. if there is an agreement in writing to that effect.

b. as a matter of course.
c. if the amount borrowed is very large.
d. if the lender so demands at the maturity date.

22. Disinheritance 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 requisites are:

a. Must be a valid will with legal, true and existing cause expressly stated.
b. Must be total and complete and said cause stated in the will.
c. The disinherited heir must be clearly identified and the will is not revoked.
d. All of the above.

23. What crimes committed by a convict will disqualify him as an instrumental witness to a will?

a. Falsification of public document.

b. Perjury and false testimony.
c. Slander by deed.
d. a and b

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

a. Origin
b. Propositus
c. Reservista
d. Reservatorios

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

a. Yes, he is a compulsory heir.

b. Yes, he is the legal representative.
c. No, there is no blood relationship between A and C.
d. No, he is a voluntary heir.

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

a. No, because X is no longer the owner of the conveyed properties.

b. No, because there was no gratuitous conveyance.
c. Yes, because the heirs are already the owners of the conveyed properties.
d. Yes, they are considered advanced legitime.

27. Can a criminal convicted of a crime which carries civil interdiction execute his will?

a. Yes, it is his statutory right.

b. No, it is an accessory penalty.
c. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
d. No, it is inconsistent with public policy.
28. Spouses M and N executed two (2) separate wills containing the same provisions. After their death, their
compulsory heirs filed a petition for joint probate of their wills. One of the voluntary heirs objected because
joint probate is invalid. Is the objection tenable?

a. Yes, joint wills are not allowed in the Civil Code.

b. Yes, because the wills have different voluntary heirs.
c. No, because M and N are spouses.
d. No, because practicable considerations dictate the joint probate of the wills.

29. X was disinherited by his father Y. In the probate of Y’s will, can the children of X represent their disinherited
father?

a. No, the disinheritance affects the heirs of the disinherited person.

b. Yes, representation is allowed in case of disinheritance.
c. Yes, substitution of the disinherited person is allowed.
d. No. Representation is not allowed by law.

30. State the share in the estate of the testator of illegitimate children who survive with the surviving spouse.

a. 1/3
b. ¼
c. 1/8
d. ½

31. A complaint of forgery was filed against instituted heir after the allowance of probate of the testator’s will. Will
this action prosper?

a. No, the probate of the will is an evidence of the due execution of the will.
b. No, the probate is a justifying circumstance.
c. Yes, forgery is a criminal action.
d. Yes, this is a statutory right.

32. In reserve troncal the relatives within third degree coming from the same line inherit from:

a. Descendant propositus
b. Reservista
c. Origin
d. Testator

33. The renunciation or repudiation of inheritance shall take effect:

a. Date of repudiation or renunciation

b. Date of will
c. Date of allowance of will
d. Date of death of testator

34. Disposition Captatoria is void because the heir makes a disposition in his will in favor of:

a. another heir
b. testator
c. the State
d. legatee or devisee

42. The following are disqualified to donate to each other, except.

a. Those guilty of adultery or concubinage at the time of the donation.

b. Those found guilty of the same criminal offense in consideration thereof.
c. Those made to public officers or their spouses, descendants, or ascendants, by reason of their office.
d. Those obliged to support one another.

59. Illegal condition/consideration will result to nullity of the contract of donation?

a. Yes, because the contract shall be contrary to law.

b. Yes, but if the condition/consideration had been fulfilled already.
c. No, if the condition/consideration had not been fulfilled yet.
 d. No, because it will violate the constitutional rights of the parties.
e. B and C are correct

74. Donation is both an act and a contract.

a. No, because it is an act of man only.

b. No, because there is no exchange of value.
c. Yes, because it is a gratuitous contract.
d. No, because it is not part of Obligation and Contract of New Civil Code.
e. None of the above.

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

a. No, because they are of different contracts.

b. No, because they are covered by different chapters of the New Civil Code.
c. Yes, because both acts transfer ownership.
d. No, because in donation there is no exchange of value.
e. No, because in sale there is exchange of values.

96. Excessive donation inter vivos may be revoked or reduced after the death of the donor.

a. Yes, in so far that it reduces the legitimate of the compulsory heirs.

b. No, because it took effect while the donor is still alive.
c. No, because it will impair the right of a person to enter into a contract.
d. No, because it is not practical.
e. All of the above.

101. A, donated a parcel of land to the unborn child of H and W, is the donation valid?

a. No, because there is no donee yet

b. No, because there is no one yet to accept the donation
c. Yes, provided the child be born alive or to live for at least 24 hours under certain conditions
d. No, because the donee has no name yet to whom the land is to be transferred

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

a. Juridical Personality is inherent in every natural person, and therefore it is not acquired.
b. Juridical capacity is lost only through death
c. Juridical capacity can be limited or restricted
d. Juridical capacity cannot exist without capacity to act
e. None of the above

119. Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a birthday gift. Danny
readily accepted the gift with profuse gratitude. One month later, they had a serious quarrel; hence, Charlie
demanded the return of the watch from Danny. Danny refused to return the watch.

What is the nature of this donation?

a. Valid, because there was intention to donate and delivery by the donor Charlie.
b. Valid, because there was acceptance and receipt of the donated personal property by the donee Danny.
c. Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and
acceptance were not in writing.
d. Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance
were not in a public instrument.

123. Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses
during the day of the signing of her will, Clara fell down the stairs and broke both her arms. Coming from the
hospitals, Clara insisted on signing her will by thumb mark and said that she can sign her full name later. While the
will was being signed, Roberta, experienced a stomach ache and kept going to the restroom for long period of time.
Hannah while waiting for her turn to sign the will, was reading the 7 th Harry Potter book on the couch, beside the
table on which everyone was signing Benjamin, aside from witnessing the will. Also offered to notarize it. A week
after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will of Clara be admitted
to probate? Give your reasons briefly.
 a. Yes, because the testatrix signed the will in the presence of 4 credible witnesses and the credible
witnesses signed the will in the presence of the testatrix and of one another.
b. Yes, because the testatrix signed the will in the presence of 3 credible witnesses and the 3 credible
witnesses signed the will in the presence of the testatrix and of one another.
c. No, because there were only two credible witnesses who attested and signed the will in the
presence of the testatrix and of the one another.
d. No, because the testatrix was not

124. In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded brad of
her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad
was mending his broken hearth, he met Angie and fell in love. Because the Picasso painting reminded
Angie of him, Brad in his will bequeathed the painting to Angie. Brad died 1995. Saddened by Brad’s
death, Jennifer asked for the Picasso painting as a remembrance of him. Angie refused and claimed that
Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not?

a. Yes, because the painting was owned by Brad

b. Yes, because the painting was given as legacy to her by Brad.
c. No. because the real owner of the painting was Jennifer.
d. Yes, because the painting was given to Brad as a gift by Jennifer.

125. For purpose of this questions, assume all formalities and procedural requirements have been complied with:

in 1970 Ramon and Dessa got married. Prior to their marriage, Ramon had a child, Anna. In 1971 and
1972 Ramon and Dessa legally adopted Cherry and Michelle respectively. In 1973, Dessa died while giving birth to
Larry. Anna had a child. Lia, Anna never married. Cherry, on the other hand, legally adopted Shelly. Larry had
twins, Hans and Gretel, with his girlfriend, Fiona. In 2005, Anna, Larry, and Cherry dies. Who may inherit from
Ramon and who may not? Give your reason briefly.

a. Lia shall inherit from Ramon because the iron-barrier rule is not applicable his being illegitimate
daughter of Anna, the illegitimate daughter of Ramon.
b. Hans and Gretel shall not inherit from Ramon, the iron barrier rule applicable in this case. Hans and
Gretel are the legitimate son of Ramon.
c. Michelle shall inherit from Ramon being the legally adopted daughter of Ramon. She enjoys the same
rights and privilege just like a legitimate child, including successional rights
d. Shelly shall not inherit being the legally adopted daughter of Cherry, 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

6. Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the same to Mr. B who accepted.

a. The donation is valid.

b. The donation is voidable and may be annulled.
c. The donation is void and Mr. X may get the cell phone back.
d. The donation is void but Mr. X cannot get the cell phone back.

1. A was charged with the crime of murder. He was convicted. While in prison, he executed a donation in
favor of B which was accepted by B in the same deed of donation. Is the donation valid?

a. Yes, because it was perfected by the acceptance of B;

b. Yes, if the donation is mortis causa;
c. No, if the donation is inter vivos;
d. Yes, regardless of its nature.
(Arts. 37, 38, 39, NCC)

2. Is the prohibition against the spouses donating to one another during the marriage absolute?

a. Yes, because it is contrary to law;

b. Yes, because it is contrary to public policy;
c. No, because they can give to one another gifts during the marriage within their
capacity to purchase.
d. Yes, because there might be under influence by one against the other.
 (Art. 87, Family Code)

DONATION

3. When is donation deemed perfected?

a. Upon the signing of the deed of donation;

b. When the donor comes to know of the acceptance of the donation by the donee;
c. Upon delivery of the object of donation;
d. Upon registration of the deed of donation.

4. The deed of donation by A in favor of B states: “Donation Inter Vivos” but there is a provision that
although the land donated shall be delivered to the donee immediately upon perfection of the same
with right to enjoy the fruits of the land, it will pass to the donee after the death of the donor. After
the donor’s death, the heirs sought to recover the property. Will the action prosper?

a. No, because since the donation is a inter vivos, it took effect driving the lifetime of
the donor;
b. No, because the donee has acquired ownership over the property;
c. Yes, because the donation is a donation mortis causa hence, it has to
comply with the formalities of a will and since it did not, it is void; (Art. 728, NCC)
d. No, because a donation inter vivos is irrevocable.

5. A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A became
insane and still insane when he received the notice of acceptance of the donation. He died without
recovering his sanity. Is the donation valid?

a. Yes, because at the time of the donation, he was capacitated;

b. Yes, because the acceptance can even be conveyed to his legal representatives;
c. Yes, because there is only one moment which must be considered inorder to determine the
donor’s capacity to make donation, that is the time of the making of the donation (Art. 737, NCC)
when he offered to donate;
d. No, Article 737 declares that the donor’s capacity shall be determined as of the time of
the making of the donation and in relation to Article 734, NCC, the law declares that a
donation is perfected from the moment the donor knows of the acceptance of the
donation.

6. State the nature of this donation: “I hereby donate to X “mortis causa” a 1000 square meter lot worth
P10M subject to the condition that this donation shall be deemed revoked if he fails to build a house
on the land worth P1M within one (1) year from date hereof and delivery shall be made after my
death.”

a. It is a donation mortis causa as intended;

b. It is a donation mortis causa since delivery will be made after death, it will be effective only from
that time;
c. Donation inter vivos that is conditional, the designation not controlling and that the
conditions indicate that it is inter vivos;
d. Mortis causa as it will take effect after death as delivery will confer ownership upon the done.

7. “I hereby donate to A” a parcel of land subject to the condition that he will support me for the rest of
my life, shoulder my hospitalization and burial expenses.” What is the nature of the donation?

a. Remuneratory donation inter vivos;

b. Conditional donation inter vivos; (obligation imposed is merely a charge or burden whose value is
less than the value of the thing given.)
c. Onerous donation inter vivos; (the obligation to defray the support, etc. indicates that
such obligation is the consideration for the donation and vice versa. The properties
donated are the conditions for the donation. (Art. 726, NCC; Laureta v. Mata, 46 Phil.
668; Concepcion v. Concepcion, 91 Phil. 823; Arts. 733 and 726, NCC)
d. Conditional donation which can be revoked.

8. A donated a house and lot to B orally. Since then, B has been in possession for a period of 30 years
declaring the same for taxation purposes. Is the donation valid?

a. No, the donation is void because it was not put into writing.
b. Yes, the oral donation can be the basis of a valid title because of laches.
 c. No, the donation is void because it was not put into a public instrument.
d. Yes, the donation is valid because a contract can be valid in any form.
(Heirs of Maningding v. CA)

9. A executed a deed of donation to the DECS subject to the condition that it be devoted for educational
purposes. The DECS did not accept it in the same instrument or in an authentic writing but took
possession of the property and constructed a school building. Twenty (20) years thereafter, it
executed a deed of exchange with B for a bigger property. Can A revoke the donation?

a. A can ask for the recoveyance of the property because the donation is void as it was not accepted
by DECS in the same instrument.
b. A cannot ask for reconveyance because there was acceptance thru DECS possession
and compliance with the condition.
c. A can recover because DECS did not comply with the condition.
d. A cannot recover because of prescription.
(DECS v. Del Rosarios; CPU v. CA; Rep v. Silim)

10. May a person sell that which he does not own?

a. No, otherwise the sale is void;

b. No, otherwise, the seller cannot confer ownership upon the vended;
c. Yes, provided that he is the owner at the time of the delivery;
d. No, otherwise, the buyer would be prejudiced.
(Art. 1459, NCC)

11. May a person donate that which he does not own?

a. Yes, provided that it is accepted by the donee;

b. Yes, provided that he can deliver it;
c. No, because he cannot confer ownership of something he does not own;
d. Yes, provided that the parties agree.
(Art. 751, NCC)

12. May an oral donation propter nuptias be the basis of a title?

a. No, because it must be in a public instrument;

b. No, because it must be in writing;
c. Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459);
d. No, because it is not effective as a transfer of title. (Heirs of Maningding v. CA, 31 July 1987;
Gesmundo v. CA, 23 December 1999).

13. A executed a deed of donation in favor of B who accepted it. It however states that the donation will
take effect upon A’s death and B cannot alienate, but it further states that B can register the deed
and obtain a title. What is the nature of the donation?

a. Mortis causa;
b. Conditional donation inter vivos;
c. Inter vivos;
d. Conditional donation mortis causa.
(Reasons: Acceptance clause which is required in donations inter vivos – Austria-Magat v. CA,
February 1, 02; Prohibition against alienation should be harmonized with its irrevocability. Said
prohibition means that after the donor’s death, the donation will take effect so as to make the
donee the absolute owner free from any lien or encumbrances.)

14. A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the
sale valid?

a. Yes, because of automatic revocation for failure to comply with the condition;
b. Yes, because A was exercising a right;
c. No, because of the absence of automatic revocation clause;
d. Yes, because he was still the owner at the time of the sale.

15. What is the status of a conditional donation if the condition imposed is unlawful?

a. Donation is void because it contains an illegal condition.

b. Donation is valid but the condition is considered as not imposed.
 c. Donation is unenforceable.
d. Donation is voidable.

16. What kind of donation requires compliance with the elements of a valid will?

a. Donations mortis causa

b. Conditional donation
c. Donations inter vivos
d. Donations in consideration of marriage

17. What is the effect if there is an illegal and impossible condition in a simple donation?

a. The illegality or impossibility of the condition will annul not only the condition but also the
obligation even if the impossible condition is a condition not to do.
b. The illegality or impossibility of the condition will annul not only the condition but also the
obligation unless the impossible condition is a condition not to do.
c. The donation is valid because the illegal or impossible condition is simply considered as
not imposed. Hence, the condition is void but the donation is valid.
d. The donation is unenforceable.
SUCCESSION

18. A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The
probate was contested on the ground that the notary public before whom it was acknowledged was
one of the witnesses. How do you think the court will decide?

a. It will declare the will void because there are only two (2) witnesses;
b. It will declare the will void because the notary public cannot subscribe before himself;
c. It may grant the probate and consider it a holographic will
d. It will declare the will extrinsically void.

19. The following are the questions which a probate court can determine, except:

a. Question on the identity of the will;

b. Question on the due execution of the will
c. Question of validity and nature of contracts
d. Question on the capacity of the testator.

20. Of the enumeration below, which is not a limitation of fideicommissary substitution?

a. The substitution must not go beyond one degree from the heir originally instituted (Art. 863,
NCC);
b. The fiduciary and the fideicommissary must be living at the time of the death of the testator (Art.
863);
c. The substitution can burden the legitime (Art. 864);
d. The substitution must be made expressly (Art. 865).

21. In the will of Doña A, one of the beneficiaries is the wife of the minister who rendered aid to the
testator during the latter’s illness. Is she qualified?

a. No, because of the possibility of undue influence that may have been exerted by the minister;
b. No, because since the priest is disqualified, the will is a circumvention of the prohibition;
c. Yes, because the law extends the disqualification of priests and ministers of the gospel
to their relatives within the fourth degree as well as the church, order chapter,
community or institution to which they may belong. (Art. 1027(2);
d. No, because what cannot be done directly, it cannot be done indirectly.

22. A left a gross estate of P600,000.00 and debts amounting to P60,000.00. He was survived by his
wife, three (3) legitimate children, and acknowledged illegitimate child and an unacknowledged
adulterous child. How will you divide the estate?

a. I will divide the estate giving ½ to the legitimates; ¼ to the wife and the rest to the two (2)
illegitimates;
b. I will distribute it by giving ½ to the legitimates; same share as one of the
legitimates to the widow; the illegitimates will get ½ of the share of each of the
legitimates;
c. I will divide the estate equally among the legitimate children and the widow;
 d. I will not give the illegitimates because of the iron curtain.

23. The following can be considered as the rationale behind reserva troncal, except:

a. To reserve certain property in favor of certain relatives;

b. To maintain as absolutely as possible, with respect to the property to which it refers, a
separation between the paternal and maternal lines, so that property of one line may not
pass to the other, or through them to strangers;
c. To prevent persons outside of a family from securing, by some accident of life, property that
would otherwise remain therein;
d. To show solidarity of the family.

24. In relation to reserva troncal, the following statements are correct, except:

a. The reservista can sell the property, but subject to resolutory condition;
b. The reservatarios may rescind the contract of sale by the reservista upon the death of the
reservista;
c. The reservista can sell because he acquires ownership of the reservable property subject to
the resolutory condition that there must exist at the time of his death reservatarios;
d. The reservista can execute a will to dispose of the property subject of reserve to
his own relatives.
(Edroso v. Sablan, 25 Phil. 295; Lunsod v. Ortega, 446 Phil. 664)

25. A executed a last will and testament instituting his parents, brothers and sisters. He did not institute
his wife. Is the will valid is he did not institute his wife?

a. The will is valid because it is A’s prerogative as to the persons whom he wishes to institute
because a will is an act whereby a person is given the right to control to a certain degree the
disposition of his estate to take effect after his death.
b. The will is valid because the wife is not an heir in direct line, hence there is no
preterition.
c. The will is void because the wife is a compulsory heir of A.
d. The will is valid, anyway, the wife has a share in the conjugal partnership.

26. One of the four (4) witnesses in the will of A is the notary public. Is the will valid?

a. The will is valid because the signature of the notary public is a mere surplusage.
b. The will us void because the notary public cannot subscribe before himself.
c. The will is valid because there is substantial compliance with the requirements of a will.
d. The will is valid especially so that the law must give tender care to the will because it is the voice
of the testator even after his death.
(Cruz v. Villasor)

27. In cases of reserve troncal, the reservista can sell the property subject of reserva. True or false?

a. True, but subject to resolutory condition, hence, can rescind the conrtact;
b. False, because he/she is not the owner as he holds the property merely in trust for the
reservatarios.
c. True, because having a title over it, the buyer can just rely upon the title under the mirror
doctrine.
d. True, because from the moment of death of the descendant propositus, the reservista acquired
ownership over the property subject of reserva.

28. A & B are married. They have children, C & D. C is married to X and they have children, Y & Z. D is
married to S and they have children, T & U. He has likewise an illegitimate child, V. Before A died he
executed a will instituting his heirs including V. Can V inherit from A considering that he is an
illegitimate child of D?

a. V cannot inherit because he is an illegitimate child of D.

b. V cannot inherit despite his institution because of the barrier between the legitimates and the
illegitimates.
c. V can inherit because the iron curtain applies only in cases of intestacy.
d. V can inherit because the will of A is an act whereby he is given the right to determine his heirs.

29. A executed a will with B, C & D as witnesses. At the time of the subscription by A, C & D on each and
every page of the will, B was outside the room with an open door. Is the will valid?
 a. The will is void because it was not subscribed in his presence.
b. The will is valid because the phrase “in the presence” does not mean actual seeing but
mere opportunity to have witnessed and seen the signing.
c. The will is valid because there is substantial compliance with the law.
d. The will is void because it requires the presence of the witnesses to prevent fraud, in the
execution of the will and to protect the integrity of the will.

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

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

b. No more because it has already prescribed.
c. Yes because they cannot extrajudicially settle the estate due to the existence of a will.
d. No more because of laches.

31. A executed a will instituting his heirs and X, his illegitimate child whom he recognized. Before his
death, he revoked the will. What is the effect of the revocation of the will?

a. The revocation necessarily carries with it the revocation of the recognition of X.

b. The revocation has no effect on X as the will can be used as an authentic writing as
proof of filiation.
c. With the revocation of the will, X has yet to go to court and prove filiation with the use of the will.
d. The will has no favorable effect on X because of its revocation and its non-admission to probate.
(Art. 834, NCC; 172(1), FC)

32. Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery
alleging that she forged Mr. Chua’s signature. In the meantime, the will was admitted to probate.
State the effect of the admission of the will to probate.

a. X can still be prosecuted.

b. X can no longer be prosecuted because the admission of the will to probate is the best
evidence of its due execution.
c. The probate of the will is res judicata to the prosecution of X.
d. X cannot be prosecuted anymore because of the presumption of innocence especially with the
probate of the will.
(Art. 838, NCC)

33. A & B are married. They have children, C & D. C has an illegitimate child, E. A died in 2007 and B, C &
D inherited from him. C, specifically inherited a house & lot from A located at Ayala Alabang. C died in
2009. Who can inherit from C?

a. B & D alone can inherit from C.

b. E cannot inherit because there is a barrier between illegitimates and legitimates.
c. E can inherit from C because the iron curtain does not apply to C & E.
d. E cannot inherit considering that the only estate C left was his inheritance from A, hence, the iron
curtain still applies.

34. A & B are married. They have a son C who is married to D with children, E & F. C & D adopted G. C
died in 2006. A died in 2010. Can G inherit by right of representation?

a. G can inherit by right of representation being the son of C.

b. G cannot inherit by right of representation because such right applies only to blood
relatives.
c. G can inherit by right of representation because one of the rights of an adopted child is the right
of inheritance without any distinction and discrimination.
d. G can inherit by right of representation like E & F otherwise, he would be deprived of his legitime
resulting in unfairness.

35. X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a
petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is
not completely dated.

a. C is correct because the law requires that the holographic will must be completely dated;
 b. C is not correct because there is substantial compliance with the requirement of the
law.
c. C is correct because the incomplete date affects the integrity of the will.
d. C is correct because the complete date protects the will from commission of fraud and trickery.
(Roxas v. De Jesus)

36. A and B are married. They have children X, Y and Z. Before his death, A donated a parcel of land to X
denominated as an irrevocable donation. He died leaving a will but did not institute X. When the will
was submitted to probate, X opposed on the ground of preterition. Is X correct?

a. X is correct because he is an heir in the direct line, hence, entitled to his legitime.
b. X is not correct because the donation is an advance inheritance.
c. X is correct because donation being irrevocable is not collationable.
d. X is correct, otherwise, it would be unfair to him being an heir of A.
(De Roma v. CA)

37. A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each
and every page of the will. One of the witnesses was B, the father of one of the legatees to the will.
What is the effect of B being a witness to the will?

a. The will is invalidated;

b. The will is valid and effective;
c. The legacy given to B’s child is not valid;
d. The will is valid and the legacy will be given to B’s child because a will is the voice of the testator
even after death.

38. A executed a holographic will disinheriting his eldest son for a valid and legal reason. He did not
institute his children B, C and D. Is there preterition?

a. Yes, because of the total institution of the descendants;

b. Yes, because failure to state the ground for the non-institution of the descendants;
c. No, because B, C and D shall inherit from the estate of A by the rules of intestacy;
d. No, because B, C and D are deemed instituted.

39. A executed a holographic will disinheriting his children B but did not institute C and D. Is there a need
for the will to be probated?

a. No more, because it would be an exercise in futility as no one will inherit on the basis of the will;
b. Yes, because without the will being admitted to probate the disinheritance shall be
ineffective;
c. Yes, because a will shall not pass any right to the heirs unless it is admitted to probate;
d. Both B and C.

40. When does the right of representation take place?

a. In the direct descending line;

b. If there is an adopted child;
c. In the ascending line;
d. Even in the collateral line.

41. In fideicommissary substitution when will there be transmission of rights to the second heir?

a. Upon the death of the testator;

b. Upon the death of the first heir;
c. Upon the death of the last relative of the testator;
d. Upon the execution of the will by the second heir.

42. At the time A executed his will there was a pronouncement that he was insane. A week after he died,
but he was already of sound mind. If the will is submitted to probate, how do you think the court will
decide?

a. Grant it because A was of sound mind at the time of death;

b. Grant it because the subsequent capacity cured the defect of the void will;
c. Deny probate because the will is void ab initio;
d. Grant it since the will is extrinsically valid and complete
43. What do you call the act of a testator of designating a person to take the estate in case of default of
the instituted heir?

a. Substitution
b. Representation
c. Institution
d. Accretion

44. In which of the following is the right of representation inapplicable?

a. In case of predecease of an heir;

b. In case of repudiation by an heir;
c. In case of incapacity of an heir;
d. In case of a valid disinheritance of an heir.

45. When is the capacity of the testator considered?

a. At the time of the probate of the will;

b. At the time of the death of the testator;
c. At the time of the execution of the will;
d. At the time of the allowance of the will.

46. A executed a will in English, but did not understand the language. If the will is submitted to probate,
how do you think the court will decide?

a. Deny probate because the will is void as he did not understand the language;
b. Deny because he could not have written in a language he did not understand;
c. Grant probate provided that it was explained to him in a language understood by him;
d. Deny because of the possibility of fraud.

47. A died without leaving a compulsory heir. Before he died, he donated his properties to the church.
After his death, his brothers questioned the validity of the donation. Is their act correct?

a. Yes, because they are compulsory heirs;

b. No, because they are not compulsory heirs entitled to a legitimate;
c. Yes, because while the donor can donate his properties, he must leave something to his relatives;
d. Yes, because of the close family ties of Filipinos.
(Arellano v. Pascual, G.R. No. 189776, December 15, 2010)

48. A died leaving no compulsory heirs except his brothers and sisters of the full blood and a cousin. How
shall his estate be partitioned?

a. The brothers and sisters and the cousin will inherit in equal shares;
b. The brothers and sisters will inherit in equal shares;
c. The cousin will get ½ of the share of each brother;
d. The cousin is not entitled to any share not being a collateral relative who is entitled under the law
of intestate succession.
(Arts. 1003; 1004; Arellano v. Pascual, G.R. No. 189776, December 15, 2010)

49. A, the son of X and Y was indebted to B in the amounted of P10M. Should the amount be brought to
collation if X and Y paid the same?

a. No, because it is the duty of the parents to support a child;

b. Yes, because it is a donation inter vivos made to A, a compulsory heir, hence, an
advance inheritance;
c. No, because A is merely indebted to X and Y;
d. No, because it was not gratuitously given.
(Arts. 1066 & 1069, NCC; 1061, NCC)

50. X and Y sold a house and lot to their son valued at P10M for only P3M with the condition that it will be
delivered after their death. After their death, should the property be brought to collation?

a. Yes, because the contract was not a sale but a donation inter vivos;
b. Yes, because it was a donation mortis causa;
c. No, because it was not acquired by gratuitous title but by onerous title; (Reyes v. CA)
d. Yes, because it was a simulated sale as the price is unusually inadequate.
51. A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses.
Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a
petition for probate. How do you think the court will decide?

a. It will admit the will to probate because of the doctrine of lex loci celebrationis;
b. It will not admit the will to probate unless probated first in Canada;
c. It will deny probate because of failure to comply with the formalities under Philippine
law; (Art. 17, NCC)
d. It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven
as facts according to the rules of evidence.

52. The attestation in the will of A omitted to state that the testator signed the pages of the will in the
presence of the instrumental witnesses. Can evidence aliunde be admitted to prove such fact in the
probate proceeding?

a. Yes, to give due course to the petition for probate;

b. No, because such fact cannot be determined from an examination of the will itself;
c. Yes, because the will of a person is his voice even after his death; (Reyes v. CA)
d. Yes, because the court should give tender care to the will.
(Art. 805, NCC; Uy v. Sioca, 43 Phil. 405; Tenefrancia v. Abaya, 47 O.G. No. 12, Suppl. P. 327 –
oral evidence does not possess the reliability of an express statement in the attestation clause.)

53. Which is not correct in the following statements:

a. Collation is a mere mathematical operation by the addition of the value of donations made by the
testator to the value of the hereditary estate;
b. Collation is the return to the hereditary estate of property disposed of by gratuitous title by the
testator during his lifetime;
c. One of the purposes of collation is to secure equality among the compulsory heirs in so far as it is
possible and to determine the free portion after finding the legitime so that inofficious donations
may be reduced. (6 Manresa 406)
d. There must be actual return of the property donated. (Arellano v. Pascual, G.R. No.
189776, 15 December 2010)