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This set of Philippines Civil Law Society Multiple Choice Questions & Answers (MCQs) focuses on Albano Set 3
Q1 | A & B are married with children C & D, but were living separately from one another. A got married to E and begot children, F & G. After his death, E, F & G filed a petition for settlement of his estate. B, C &D intervened to claim their share of the estate and contended that since F & G are illegitimate as the marriage of A & E is void, their share is only ½ of the share of the legitimates. Is the contention correct?
- The contention of B, C & D that the marriage of A & E is void is not correct because only A & E can question the validity of their marriage.
- B, C & D can contest the validity of the marriage of A & E in the settlement of his estate as an exception to the rule due to the law on succession.
- There is no use to question the marriage of A & E anymore because it has become moot and academic due to A’s death.
- The contention of B, C and D is not correct as they should have filed the settlement of estate of A and put up the defense of invalidity of the marriage of A and E if their children would intervene.
Q2 | A & B are married. They put into writing an agreement that they would live separately where they can live with other partners. A went to live with C, his childhood sweetheart, hence, B filed an action for legal separation invoking as ground, sexual infidelity. Will the action prosper?
- The action will prosper because of the act of A which is a ground under the law.
- The action will not prosper because of the consent of B.
- The action will prosper because the agreement is void as it is contrary to law and morals.
- The action will prosper because B is bound by the principle of estoppels by deed.
Q3 | In the enumeration below, which is not a ground to dismiss an action for legal separation under the law?
- Condonation;
- Mutual guilt;
- Consent;
- Death.
Q4 | A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper?
- The action will not prosper because B did not file a criminal case for frustrated parricide.
- The action will not prosper because there is a need for conviction of A for the crime committed.
- The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence.
- The action will not prosper because the act was a frustrated act of parricide, not attempted parricide.
Q5 | A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage?
- They can enter into a contract changing their property relationship and from its perfection, they would be bound by another property regime.
- They can enter into a contract to change their property regime and it binds them due to the principle of liberty of contracts.
- They can enter into a contract changing their property regime but must file a petition in court for its approval.
- They can enter into a contract changing the property relationship and be bound thereby because of the principle of mutuality of contracts.
Q6 | A & B are married but due to conflicts, A left the conjugal dwelling and went to live with C, one of his children. Despite B’s pleas, A refused to return to the conjugal dwelling. Can B file an action to compel A to return?
- B can file an action to compel A to return to the conjugal dwelling because it is A’s duty to live with her.
- B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act.
- B can sue A for him to return to the conjugal dwelling because the law mandates him to live with her.
- B can file a petition for habeas corpus citing her children as respondents for them to produce the body of their father in court for the court to order A to return to the conjugal dwelling.
Q7 | A & B, lived together as husband and wife while A is legally married with children. They acquired properties in their coverture. After the death of A, where will his share go?
- His share of ½ of the properties shall go to the conjugal partnership in his marriage with A.
- His share shall go to his children with A.
- His share shall go to his children with his wife.
- All the properties acquired in their coverture shall go to the conjugal partnership of his legally wedded relationship.
Q8 | A & B are married. A became a member of the US Armed Forces but when he came back to the Philippines he found out that his wife was cohabiting with his brother. When he went back to the USA, he divorced B; then got married to C. He died and in the petition for settlement of his estate, B contended that she is entitled to inherit. Is B correct?
- B is correct because of the original relationship between A & B.
- B is not correct because what governs the successional rights of A is his national law.
- B is correct because in Philippine law as A is only an American citizen from the point of view of USA law.
- B is correct because she acquired a vested right when they got married.
Q9 | If homosexuality is concealed, it is a ground for:
- Annulment of marriage;
- Legal separation;
- Declaration of nullity of marriage;
- The other spouse to live separately from the other.
Q10 | If a person who has been declared psychologically incapacitated, can he get married again?
- No, because it is a permanent incapacity.
- Yes, because the incapacity is merely partial.
- No, because he cannot give his consent due to mental psychoses.
- No, because he cannot comply with the essential duties to the marriage bond.
Q11 | A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who are liable?
- The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident.
- The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.
- The parents of D can sue A & B, X & Y for damages who are solidarily liable.
- The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained.
Q12 | May the status of a child be the subject of a compromise or contract?
- Yes, provided it is freely agreed upon.
- Yes, because of the principle of mutuality of contracts;
- No, because of public policy as paternity and filiation must be judicially established;
- Yes, because it can be left to the will of the parties.
Q13 | How many years should a person be absent in order that he may be presumed dead including the opening of his succession?
- 7
- 10
- 4
- 2
Q14 | How much of their properties may the future spouses donate to one another?
- 100%
- 50%
- 20%
- 25%
Q15 | Is the prohibition against the spouses donating to one another during the marriage absolute?
- Yes, because it is contrary to law;
- Yes, because it is contrary to public policy;
- No, because they can give to one another gifts during the marriage within their capacity to purchase.
- Yes, because there might be under influence by one against the other.
Q16 | A and B had amorous relationship resulting in the birth of C. B filed a claim for temporary support of her unacknowledged child which she sought in an action for the issuance of temporary protection order against A. Is the remedy proper?
- Yes, as an incident of the action for temporary protection order due to child abuse under RA 9262;
- Yes, because it is the duty of father to support the child;
- No, the remedy is to file an action for compulsory recognition to establish filiation;
- Yes, to be fair to the child who never asked to be born.
Q17 | The following are the characteristics of psychological incapacity, except:
- Juridical antecedents;
- Refusal to have sex;
- Grave;
- Incurable.
Q18 | Which of the following statements is correct?
- A spouse who refuses to live with the other spouse can be declared as one suffering from psychological incapacity;
- A spouse who spends more time with his friends is suffering from psychological incapacity;
- A spouse who has a narcissistic personality disorder is suffering from psychological incapacity;
- A spouse who marries another during the marriages is suffering from psychological incapacity.
Q19 | What is the remedy of a spouse if the other leaves the conjugal dwelling and refuses to return and lives with the parents?
- File a petition for habeas corpus;
- File a complaint for specific performance to compel him/her to return;
- File a complaint for support;
- No remedy in court because the act of living together is a mere voluntary act which cannot be compelled by any proceeding in court.
Q20 | X and Y are married. They have a daughter Z. They are living in the house of Y’s parents, but left the house because of differences with his parents-in-law and his wife due to her refusal to leave the house. He was prevented from visiting his child and the latter was prevented from seeing her father? What is the remedy of X?
- File a petition for habeas corpus;
- File a complaint to compel the wife to live with her at a different place;
- File a complaint for damages;
- File a complaint for damages de to abuse of right.
Q21 | A and B are married. A filed an action for declaration of nullity of their marriage on the ground of psychological incapacity. In its judgment, the court decreed that a final decree of nullity shall be issued only after there is partition, distribution of the properties in accordance with Article 147 of the Family Code.
- The order is correct because the law requires distribution, partition and liquidation of the properties before the decree is issued;
- The order is not correct because the rules in Article 147, F.C. apply only if the marriage is declared void on the ground of psychological incapacity;
- The order is correct regardless of whether the marriage was declared void on the ground of psychological incapacity or because it is absolutely void because of a prior marriage
- none
Q22 | A and B are married. A, with the use of fraud, sold a parcel of land belonging to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale void?
- No more because the action has already prescribed;
- Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10)
- No, because the 4-year period to file action based on fraud has prescribed;
- No, because the buyer is a buyer in good faith and for value.
Q23 | After the heirs of an 80-year old man who disappeared for more than 5 years partitioned his properties, he re-appeared. What happens to the partition?
- It is automatically considered void since there was no transmission of successional rights;
- He can file an action for nullity;
- He can recover his properties in the condition in which it may be found and the price of any property that may have been alienate
Q24 | A and B got married which is not correct in the following statements,
- B must carry the surname of A;
- B may carry her maiden name and surname and add her husband’s surname;
- B may carry her maiden first name and her husband’s surname;
- B may carry her husband’s full name but prefixing a word indicating that she is the wife such as “Mrs.”.
Q25 | What is the requirement if the husband and wife would like to adopt?
- They can adopt jointly;
- They shall adopt jointly;
- They must adopt jointly;
- They may adopt jointly.