Albano Set 2 MCQs | AssignGuru

Q1 | A and B are married, but separated in fact. While in the practice of her profession, B acquired properties. They are governed by the conjugal partnership of gains. Who is/are the owner/s of the properties?

B alone because of their separation;
The conjugal partnership;
B alone because they were governed by the complete separation of property regime when they separated in fact.
B alone as A did not contribute anything in the acquisition of the properties.

Answer: The conjugal partnership;

Q2 | A and B lived together as husband and wife. A brought B to the hospital, and paid for the expenses in the birth of C. When the nurse asked B who was the father of the child, she mentioned the name of A but did not sign the record of birth of C. Can the record of birth be admissible in evidence as proof of filiation?

Yes, because of the acts of A, thus, he is estopped;
No, because otherwise it would be easy for a woman to vest legitimate status upon a child even if the latter is illegitimate;
Yes, to protect the status of the child;
Yes, to be fair to the child.

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

Q3 | A and B lived together as husband and wife, resulting in the birth of C. A recognized his son, C in the record of birth. What is the surname of C?

C must carry the surname of A;
C may carry the surname of A;
C can carry the surname of A;
C shall carry the surname of A.

Answer: C may carry the surname of A;

Q4 | A and B both Filipinos are married. A was convicted of the crime of murder. They sought your advice whether they can adopt C, a relative by consanguinity of B. What is your advice?

They can adopt C, but must jointly adopt;
They cannot adopt C because A is disqualified because of conviction of a crime invoking moral turpitude;
Since A cannot adopt, B can adopt C alone;
They can jointly adopt C, but prove that it will redound to the best interest of C.

Answer: They cannot adopt C because A is disqualified because of conviction of a crime invoking moral turpitude;

Q5 | A and B have ten (10) children but wallowing in poverty. C, a relative of A wants to adopt two (2) of their children so that the economic situation of the children will be assured. If you were the judge, how would you decide the petition?

I would grant the petition as it would be to the best interest of the children;
I would deny the petition because it is against the spirit of the law to consider financial constraint as the primary consideration in adoption;
I would grant the petition for as long as the parents give their consent;
I would grant the petition for as long as there is a favorable recommendation of the DSWD social worker.

Answer: I would deny the petition because it is against the spirit of the law to consider financial constraint as the primary consideration in adoption;

Q6 | A has been using the name Pedro since birth although his record of birth shows that his name is Juan. He is now 25 years old and about to take the Bar Exams. How can he use the name Juan when he will take the Bar Exams?

He has to file a petition for change of name;
He can go to the Local Civil Registrar and file an administrative petition for change of name;
He can just use it with an affidavit that Pedro and Juan refer to one and the same person;
He cannot change his name because of lapse of time.

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

Q7 | A, a 17-year old girl had a relationship with B, 25 years old. A child C, was born when A was only 17. When A reached 21 years, they got married. Can the child be legitimated?

With their marriage, the child C became legitimated. (RA 9585)
C cannot be legitimated because there was a legal impediment to marry at the time A conceived and gave birth to her/him.
C can acquire the status of legitimacy only by adoption of A and B.
C cannot be legitimated because he is not a natural child.

Answer: With their marriage, the child C became legitimated. (RA 9585)

Q8 | X and Y are married. They were leasing a parcel of land in 2007; they constructed a house on the leased lot valued at P1M and resided thereon. While in business, they incurred liability from Z who sued them for failure to pay. Judgment was rendered and it became final and executory. Can the house be levied upon?

The house can be levied upon to answer for the obligation because it is not a family home.
The house is exempt from execution because it is a family home.
The house can be levied upon and sold, but the first P200,000.00 or P300,000.00 shall be given to X and Y.
The house can be sold after levy because X and Y did not file a motion to quash the levy contending that the house is a family home, hence, waived the right to invoke the exemption from levy.

Answer: The house can be levied upon to answer for the obligation because it is not a family home.

Q9 | A and B are married. B filed an action for legal separation on the ground of sexual infidelity of A which was granted. Can A inherit from B?

Absolutely, No;
Yes, under the law of intestate succession;
Yes, under the law of testate succession;
No, because his act constitutes an ingratitude.

Answer: Yes, under the law of testate succession;

Q10 | A and B are married. They have a daughter C who has a 5-year old child. C went to Hongkong to work for 2 years and left the child to the custody of X and Y who are not related to them. When A and B learned about the departure of their daughter, they demanded the surrender of the custody of their granddaughter, D to them, but X and Y refused, hence A and B sued X & Y for habeas corpus. When the order was served upon them, they produced the body of the child. The court dismissed the petition immediately. Is the dismissal correct?

The order of the court is correct because the petition for habeas corpus has become moot and academic.
The order of the court is not correct because it should have heard the case to determine if the best interest of the child would be served if custody remains with X & Y or will he transferred to A & B.
The order of the court is correct because in the order of preference, the grandparents are given preference by law.
The order of the court is correct because the mother has the right to choose the persons who will have custody of her child, looking into the best interest of the child.

Answer: The order of the court is not correct because it should have heard the case to determine if the best interest of the child would be served if custody remains with X & Y or will he transferred to A & B.

Q11 | A & B, without the benefit of marriage lived together as husband and wife. They had no legal impediment to marry one another. A was engaged in business. B was at home taking care of their children and the household chores and helping A once in a while in the business but without any compensation. If the relationship ends, is B entitled to a share?

A & B are governed by the law on co-ownership that they are entitled to a share of 50-50 over the properties acquired during their coverture.
They are governed by a special form of co-ownership that even if she did not contribute materially to the acquisition of the properties, she is entitled to ½ because of the presumption of equal contribution.
B is not entitled to a share of the properties because she never contributed to the common fun

Answer: They are governed by a special form of co-ownership that even if she did not contribute materially to the acquisition of the properties, she is entitled to ½ because of the presumption of equal contribution.

Q12 | A & B are married. They have a child C, who is in grade 3 at the West Central Elementary School, Dingras, Ilocos Norte. While inside the classroom, C, stabbed D with his pencil resulting in injuries. Is the teacher liable?

The teacher is not liable because the school is not a school of arts and trades.
The teacher is liable regardless of the nature of the school but can prove the diligence of a good father of a family.
The school, administrators and the teacher are solidarily liable for their negligence.
The parents are solidarily liable because of their failure to observe due diligence in the custody of their child, since the parents should be the first teachers of their children.

Answer: The teacher is liable regardless of the nature of the school but can prove the diligence of a good father of a family.

Q13 | X & Y are married. They have a daughter who is 5 years old. They are living separately in fact. Y left the custody of her child to Z, her sister and went to live with S, a married man. S & Y wanted to get back the custody of Z. Will the action prosper?

Yes. They can because parental authority is inalienable.
Yes. They can because a child below the age of 7 cannot be separated from the mother.
No. They cannot because it would be impossible to have a moral development of Z under an immoral environment.
Yes. They can because in the line of preference of custody, Y has the right to have custody over her child.

Answer: No. They cannot because it would be impossible to have a moral development of Z under an immoral environment.

Q14 | A & B, without the benefit of marriage lived together as husband and wife. They begot C. A, the father adopted C to elevate him to the status of legitimacy. What is the middle name of the child?

C has no middle name because there is no law on middle name.
C carries the surname of his biological mother because of customs and traditions of Filipinos.
C carries the surname of his biological mother inorder not to make it difficult for him to prove relationship to her when the issue of succession will arise.
C carries the middle name of his adopting father.

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

Q15 | Jennifer was born an intersex and registered as a female. As she was growing up, there was no development of her female sexual organ and her breast. But there was more development of her male organ, hence, she filed a petition for correction of entries in her record of birth from female to male and to change her name from Jennifer to Johnny. Will the petition prosper?

The petition cannot be granted because corrections sought are material entries.
The petition can only be granted through an adversarial proceeding.
The petition can be granted because if a person was born an intersex, he/she can choose his/her sex when he/she reaches the age of majority because what he/she thinks and feels is what he/she is when she/he reaches the age of majority.
The petition to change her name cannot be granted because to change one’s name is a matter of privilege.

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

Q16 | Which is not a proof of filiation?

Record of birth duly signed by the father.
Unprobated will which contains recognition of a child.
Baptismal certificate.
Revoked will containing recognition of a child.

Answer: Baptismal certificate.

Q17 | A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?

A’s motion cannot be granted because the marriage is presumed to be valid until nullified.
The motion cannot be granted as it is not a prejudicial question.
The motion cannot be granted because A should have filed an action to declare the marriage void before getting married to C.
The motion will be denied because A cannot benefit out of his own wrongdoing.

Answer: The motion cannot be granted as it is not a prejudicial question.

Q18 | A and B are married. They have properties including a family home. B predeceased her husband A. Before A died, he executed a will instituting his wife and children, C, D & E. The family home was willed unto C, hence, he is now claiming to be the exclusive owner of the house & lot. Is C correct?

The giving of the family home to C is correct because a will is an act whereby a person is given the right to control a certain degree the disposition of his estate to take effect after his death.
The act of A is not correct because the family home remains to be so as the symbol of love and unity of the family for 10 years after the death of A.
C acquired ownership over the family home because of the death of A, the testator.
A’s act is correct and the will will transmit absolute ownership to C after it shall have been probated.

Answer: The act of A is not correct because the family home remains to be so as the symbol of love and unity of the family for 10 years after the death of A.

Q19 | A, a man & B, a woman, lived together as husband and wife without the benefit of marriage, resulting in the birth of C. A signed the record of birth of C. Who has a better right of custody over C?

B has a better right of custody, C being an illegitimate child.
A has a right to have custody because he recognized the child.
A has no right to have custody but he has to support C.
A & B can have joint custody over C considering that A recognized the child.

Answer: B has a better right of custody, C being an illegitimate child.

Q20 | A & B are married. They have children, C & D. After A died, B gave birth to E. the children suspected that E is not the child of their father. Who can impugn the legitimacy of E?

C & D can impugn the legitimacy of E.
Only A can impugn the legitimacy of E.
X & Y, the parents of A can impugn the legitimacy of E.
C & D cannot impugn the legitimacy of E because it prescribed after A’s death.

Answer: C & D can impugn the legitimacy of E.

Q21 | A & B are married. They have properties and they are governed by the conjugal partnership of gains. They negotiated for the sale of one (1) of their properties to C, but when the signing of the contract came, B did not consent to the sale. During the negotiation, they delivered the property to C. Is the sale valid?

The sale is valid because a contract is valid in whatever form it may be entered into.
The sale is void because it was done by A without the consent of B.
The sale is valid because the consent in the negotiation can be treated as consent in the perfection.
The sale is valid because the property has already been delivered to C.

Answer: The sale is void because it was done by A without the consent of B.

Q22 | A & B are married. They have a daughter C who is only 5 years of age. B, without the consent of A went to the USA and worked as a nurse and left her daughter with her parents as A is a soldier who is always out of the conjugal dwelling. Can A recover the custody of his child?

A can recover custody of his daughter because parental authority is inalienable.
A cannot recover custody of his daughter because it may not be possible for him to attend to her needs.
The parents of B have a better right to take care of C considering that they are affluent and the best interest of the child is of utmost importance.
A cannot recover the custody of his child because the mother’s decision is binding as the child is below the age of 7.

Answer: A can recover custody of his daughter because parental authority is inalienable.

Q23 | A & B lived together as husband and wife without the benefit of marriage. For a few months before his death, A was writing his autobiography and stated that he loved B so much and because of that, they decided to live together as husband and wife, but planned to marry. At the time he was writing his autobiography, B was pregnant and he stated in his autobiography that he was the father of the child inside the womb of B. He died without finishing it and failed to sign the same. Two (2) months thereafter, the child C, was born, hence, B sought to register the child under the name of A but the Local Civil Registrar refused, hence, she filed a suit for mandamus to compel the registrar to register the child under A’s name. She testified as narrated above; D, the father of A testified that during the lifetime of A he lived with B and she was pregnant at that time. E the brother of A likewise testified along the same line. Is the action of B correct?

The child cannot be registered under A’s name because the autobiography was not signed.
The child cannot be registered under A’s name otherwise, it would be easy for a woman to vest legitimate status upon a child even if he is illegitimate.
The child can be registered under A’s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E.
The child cannot be registered under A’s name because an unsigned document is not evidence of recognition.

Answer: The child can be registered under A’s name because of the principles in the rules of evidence of pedigree declaration against interest supported by the autobiography and the testimonies of D & E.

Q24 | A, a married man had amorous relationship with B, resulting in the birth of C. C’s existence is with the knowledge of his wife and children. In fact, A and his family were even supporting C who was welcomed in all family occasions. What is the meaning of the acts of A and his family?

The acts of A and his family are considered as acts of recognition.
The acts of A can be considered as proof of filiation without need of going to court.
The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts.
C cannot go to court to prove filiation considering that there is no documentary evidence showing recognition.

Answer: The acts of A can be considered as proofs of filiation but C has to go to court and prove filiation through those overt acts.

Q25 | Samson, the son of a wealthy family has always claimed that since childhood, he was not a boy. He played with the girls and did not mingle with the boys. After finishing his course at a university in the Philippines, he went to the US to take up his masteral and doctorate degrees. He consulted several doctors of the possibility of sex transmission from that of male to that of a female. The sex transmission was done in Thailand and which was certified as successful by a medical expert in Manila, hence, he claimed to be a woman. He filed a petition for correction of entry of his record of birth from male to female and his name from Samson to Delailah as he was marrying his fiancé. The lower court granted the petition. Is the order of the court correct?

The order is correct because it is the right to a person to choose his/her gender.
The order is correct because a person’s status can be changed thru the intervention of medical science due to the advances in science and technology.
The order is correct as there would be no adverse effects, but rather, it would redound to the benefit of Samson.
The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one’s name.

Answer: The order is not correct because it wreaks havoc to the marriage law; create confusion in the civil registry and change of sex is not a ground to change one’s name.