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This set of Philippines Civil Law Society Multiple Choice Questions & Answers (MCQs) focuses on Albano Set 15
Q1 | If the homesteader sells the property before the lapse of the 5-year prohibition, what is the nature of the contract?
- Voidable
- Void by reason of public policy
- Unenforceable
- Rescissible
Q2 | Of the enumeration below, which is not a remedy of the mortgagee in case the mortgagor dies?
- File a claim against the estate;
- Abandon the security and file a claim against the estate;
- Foreclose the mortgage and ask for deficiency in the testate or intestate proceeding;
- Rely exclusively upon the mortgage and foreclose the same.
Q3 | A and B both Filipinos, are married. They bought a property but not covered by a title. They migrated to the USA and became American citizens. When they came back for vacation, they filed a petition for registration of the land. Will the petition prosper?
- No, because they are now disqualified to own being aliens;
- Yes, because it is just a confirmation of imperfect or incomplete title;
- No, by reason public policy, that land in the Philippines is reserved for the Filipinos;
- No, in fact the State can even file an escheat proceeding.
Q4 | A is both a Chinese and a Japanese. While in Manila he died leaving properties in the Philippines. Before he died, he was a domicile of Japan. How should Philippine courts adjudicate the successional right to his estate?
- In accordance with Chinese law because of the nationality theory;
- In accordance with Japanese law because of the nationality theory;
- In accordance with the domiciliary law;
- In accordance with both laws considering that the Philippines is a third State.
Q5 | A, an American citizen and a resident of Canada executed a will in Japan. Which among the following is not correct if the will is submitted to probate in the Philippines?
- It may be made according to the formalities prescribed by American law;
- It may be made according to the formalities prescribed by Canadian law;
- It may be made according to the formalities prescribed by Japanese law;
- It will not be made according to the formalities prescribed by Philippine law.
Q6 | In the problem above, may his estate located in the Philippines be distributed in conformity with the provision of the said will?
- Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Japanese law;
- Yes, provided that the provisions conform to the order of succession and the amount of successional rights as regulated by the American law;
- Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Canadian law;
- Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Philippine law.