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This set of Philippines Civil Law Society Multiple Choice Questions & Answers (MCQs) focuses on Albano Set 4
Q1 | What is the required age difference between the adopter and the adopted?
- 15 years;
- 20 years;
- 16 years;
- 14 years.
Q2 | A and B are married. A filed a petition for adoption alone but B consented to the adoption by executing an affidavit of consent and testified in court giving his consent to the adoption. Will the petition prosper?
- No, because it is not a joint petition;
- No, because the requirement of a joint petition for adoption is mandatory;
- Yes, for while the procedural statute requires a joint adoption by the spouses, yet it must not be applied to defeat the benevolent intention of the adopter, that is to promote the welfare of the child; (Daoang v. Mun. Judge of San Nicolas, Ilocos Norte, 159 SCRA 369)
- No, because adoption rules are mandatory.
Q3 | Of the following statements, which is not correct?
- The guardian cannot adopt the ward before the approval of the final account to prevent commission of fraud in handling his properties;
- The guardian cannot adopt the ward because it might be used as a shield to commit fraud;
- The guardian cannot adopt the ward to prevent any prejudice to him;
- Even before the approval of the guardians final account, the ward can be adopted by him to serve his best interest.
Q4 | X has a daughter Y. She left for Italy to look for a job and worked there for 10 years but continued to support Y who was left under the custody of A and B. They filed a petition for adoption but did not present evidence of consent of X contending that Y has been abandoned by X. How do you think the court will decide?
- It will grant the petition to serve the best interest of the child;
- It will grant even without the consent of X due to abandonment;
- It will deny due to lack of consent as there was no abandonment as she was merely impelled by financial constraints to go abroad;
- It will grant because having left Y for 10 years is considered as evidence of abandonment.
Q5 | Which of the following is not correct in relation to an adopted child?
- He inherits like a legitimate child;
- He cannot be preterited;
- He has the right of representation;
- By virtue of adoption, the adopter and the adopted acquire reciprocal obligations arising from their relationship.
Q6 | A and B are married. They have an adopted child C. A died leaving as heirs, B and C and X. the father of A. State the effect of the presence of C as far as the right of X to the estate of A is concerned.
- X shall inherit as A left no legitimate child;
- X is excluded by the presence of C because an adopted child inherits like a legitimate child; (Art. 979(2), NCC)
- X and C can inherit together but C will inherit like an illegitimate chil
- (Art. 343, NCC) – It has been deleted by the Family Code.)
Q7 | A borrowed money from B. As security for the payment of the loan, he executed a chattel mortgage on the building erected on his land and the machinery stored therein. For failure to pay the loan, he was sued and a judgment was rendered against him, where the building and the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff?
- Yes, because the contract is the law between the parties;
- Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0;
- Yes, with respect to both the building and the machinery because of the principle of liberty of contracts;
- No, C is not bound at all because he is not a party to the contract.
Q8 | A leased a parcel of land to B. Without A’s consent, B constructed a warehouse. What is the nature of the warehouse?
- It is a personal property because the builder was in bad faith;
- It is a personal property because the builder is not the owner;
- It is immovable because the only criterion is union or incorporation with the soil. (Ladera v. Hodges (CA) 48 O.G. 4374)
- Personal because it is a structure which can be removed by the builder.
Q9 | A leased a parcel of land from B. With B’s consent, A put up a manufacturing business on the property and attached a machinery. What is the nature of the machinery?
- The machinery is always a movable property.
- The machinery is now immovable by destination.
- The machinery can be considered immovable if there is a provision in the contract of lease that the same will become B’s property when the contract will expire.
- The parties cannot change the nature of the property even by agreement.
Q10 | The Municipality of Dingras, Ilocos Norte conducted a bidding on the lot belonging to Mr. P for non-payment of tax. A was the highest bidder. P was not able to redeem his property, hence, a title was issued in favor of A. He filed a motion for the issuance of a writ of possession over the house and lot. What is the right of Mr. P?
- A has to pay the value of the house because P is a builder in good faith.
- A has to pay the value of the house of P considering that when he moved for a writ of possession over the lot and the house, he appropriated P’s house.
- A does not have to pay the value of the house because when he became the owner of the land, he became the owner of the accessory which is the house.
- A does not have to pay the value of the house because the sale of the lot implies the sale of the house.
Q11 | Which of the following instances treats a building/structure as an immovable property?
- A building which is constructed on the land and the same is mortgaged apart from the land on which it has been built.
- A barong-barong built by X on his lot.
- A building used as security in the payment of an obligation where a chattel mortgage is executed over it.
- A building bought for purposes of demolishing the same.
Q12 | Whenever the current of a torrent segregates a known portion of the land and transfers it to another, the owner of the land to which the segregated portion belonged retains the ownership of it. What do you call the process?
- Accretion
- Regalia Doctrine
- Alluvium
- Avulsion
Q13 | River beds which are abandoned through the natural change in the course of the water belong to whom?
- Owners whose land are occupied by the new course in proportion to the area lost.
- Owners whose land are occupied by the bed course in proportion to the length of the area lost.
- Owners of the land adjoining the old bed in proportion to the area lost.
- Owners of the land adjoining the new bed in proportion to the area lost.
Q14 | A is a squatter on the land of B and constructed a house. When sued for forcible entry, he asked for reimbursement from B for the improvements. Is A correct?
- Yes, he is entitled to the extent of the value of the improvement;
- Yes, to the extent of 50% of the value of the improvement;
- Yes, but only for the expenses in the preservation of the land; (Art. 449, NCC)
- Yes, for the value of the necessary improvement.
Q15 | A, B & C are the co-owners of a parcel of land. A constructed his house at the middle of the property, such that, when they partitioned it, his house was found to be intruding into the share of B. What is the right of B?
- A can be evicted by B.
- B can appropriate the portion of A’s house intruding into his share as A is a builder in bad faith.
- A may compel B to buy his house.
- Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement.
Q16 | A is the owner of a parcel of land covered by TCT No. 123 located in a subdivision property being developed by XYZ Corporation. He did not know the exact location of the lot, hence, he consulted the developer who pointed to a lot, hence, he constructed his house. It turned out that it was another lot covered by TCT No. 124. Is A a builder in good faith?
- A is a builder in bad faith because he has a title over his property.
- A is a builder in good faith because, not being an expert he relied on the representation of the developer.
- A is a builder in bad faith because he should have known the boundaries of his property and the location of the same.
- A is a builder in bad faith because of his negligence in not asking a geodethic engineer to determine the exact location of his property.
Q17 | What are the rights of a builder in bad faith?
- The builder in bad faith may demand for the reimbursement of improvements of the land.
- The builder in bad faith may demand for the payment or reimbursement for necessary expenses for the preservation of the land and value of the building.
- The builder in bad faith as a rule has no right but he is entitled to reimbursement for necessary expenses for the preservation of the land, not the value of the building.
- The builder in bad faith is entitled to reimbursement of all expenses available for reimbursement.
Q18 | A owns a house and lot which is made of concrete materials. A then sold it to B for purposes of demolition. How do you classify the house?
- Personal property because it is subject of a contract of sale.
- Immovable property because by reason of immobilization by destination.
- Immovable because under Article 415 of the Civil Code, everything attached to an immovable property in a fixed manner in such way that it cannot be separated therefrom without breaking the material falls under immovable property.
- It is movable or personal property because a building sold to be demolished may be considered personal property because the true object of the sale would be the materials.
Q19 | X leased real property situated in Malate, Manila which is owned by A. During the period of lease, X introduced improvements. Upon the expiration of the lease, A demanded X to vacate the premises but not appropriate the improvement. Is X entitled to reimbursement of the improvements?
- No, because he is a builder in bad faith.
- Yes, because he is considered in good faith.
- No, because he can remove the improvements.
- Yes, to the extent only of one-half of the value of the improvements if the lessor appropriates it.
Q20 | X rode in a taxicab driven by Y. When X alighted, he left his celphone in Y’s taxicab. Who owns the celphone?
- Y is the owner under the principle of finder’s keepers.
- Y is the owner as he is in actual possession.
- X is the owner as he was deprived of possession.
- Y is the owner if the same is surrendered to the proper authority and the owner did not claim the same within a period of six (6) months after publication.
Q21 | By hidden treasure is understood, for legal purposes, any hidden and unknown deposit except:
- Money
- Precious objects
- Jewelry
- Mineral deposits
Q22 | To whom does hidden treasure which is discovered belong?
- Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
- Hidden treasure belongs to the State because of the Regalian Doctrine in which the full ownership of all natural resources on natural matter than may be found in the bowels of the earth shall belong to the State.
- Hidden treasure belongs to the person who finds it.
- Hidden treasure belongs to the State, owner of the land in which it is found and to its finders.
Q23 | A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A’s land which proved positive. With A’s consent, B extracted the hidden treasure. Is B entitled to 1/2?
- No, because he is not a finder by chance due to his intention;
- No, because he should have found it by sheer luck;
- Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it;
- No, he is entitled merely to compensation for his efforts.
Q24 | Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ½?
- No, because he is a trespasser;
- No, because since he has a map, he is not a finder by chance;
- Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser;
- No, because by chance means good luck.
Q25 | A & B entered into a contract of sale over A’s car for P500,000.00. A has to register the car first before payment and delivery. After the registration of the car, A called up B that the car was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay before delivery. B was able to convince the driver to leave the car at his garage and will just deposit the amount with A’s account for fear that the driver might be the subject of a hold-up. Instead of depositing the amount, he sold the car to C. Can A recover the car from C?
- A cannot recover the car anymore because B has become the owner by virtue of delivery.
- A can recover the car from C because he was unlawfully deprived.
- A cannot recover from C because he is a buyer in good faith and for value.
- A’s only remedy is to file an action for sum of money against B.