Philippines Civil Law Society Set 5

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This set of Philippines Civil Law Society Multiple Choice Questions & Answers (MCQs) focuses on Philippines Civil Law Society Set 5

Q1 | Which of the following is not included in the attributes of juridical capacity?
  • Juridical Personality is inherent in every natural person, and therefore it is not acquired.
  • Juridical capacity is lost only through death
  • Juridical capacity can be limited or restricted
  • Juridical capacity cannot exist without capacity to act
Q2 | The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage, except?
  • Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude
  • Concealment of drug addiction of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage
  • Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage
  • Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage
Q3 | Which of the following is not a requisite for a valid donation propter nuptias?
  • The donation must be made before the celebration of the marriage
  • The donation shall be automatically revoked in case of non-celebration of the marriage
  • The donation must be made in consideration of the marriage
  • The donation must be made in favour of one or both of the future spouses
Q4 | Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Bruce was engaged to Margarita. In view of the pronouncement of Bruce’s doctor, the two got married without a marriage license. Six (6) months thereafter, Bruce died. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. What is the status of the marriage between Bruce and Margarita.
  • Voidable
  • Valid
  • Valid but subjects the party responsible to civil, criminal and administrative liability
  • Unenforceable
Q5 | Which of the following does not characterized legal separation?
  • The marriage is not defective
  • The grounds arise only after the marriage
  • The spouses are still married to each other and cannot, therefore remarry
  • There are ten (10) grounds for legal separation
Q6 | The Civil Code of the Philippines took effect on:
  • August 30, 1951
  • June 30, 1950
  • August 30, 1950
  • June 30, 1949
Q7 | 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?
  • Valid, because there was intention to donate and delivery by the donor Charlie.
  • Valid, because there was acceptance and receipt of the donated personal property by the donee Danny.
  • Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and acceptance were not in writing.
  • Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance were not in a public instrument.
Q8 | In a residential subdivision in San Pedro, Laguna, Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day.How do you classify this nuisance?
  • Nuisance per se, because it is always a nuisance, regardless of its location and surroundings.
  • Nuisance per accidents, because it is only a nuisance based on its location and circumstances.
  • Nuisance per se, because it affects the entire subdivision
  • Nuisance per accidents, because it affects and annoys the entire residential subdivision.
Q9 | Amelia and Arsenio are married. Amelia went to the U.S. to work as a nurse in 2005. She left her two (2) children, Benjie and Cherry, 4 years old and 2 years old, respectively, with her parents, Danilo and Elenita. Later, because his parents-in-law, do not want to give his children to him, Arsenio, through trickery, was able to get his children from their maternal grandparents. Danilo and Elenita are claiming that they have a better right to have custody over Benjie and Cherry since they are financially capable of supporting the needs of the children.Can the grandparents claim back the children?
  • Yes, because the mother Amelia has transferred her parental authority over the children in favor of the grandparents.
  • Yes, because the grandparents are more financially capable of providing for the needs of the children.
  • No, because parental authority should be vested on the present parent, Arsenio.
  • No, because the children should be given back to their mother considering that being both less that 7 years of age, their mother must have custody over the children.
Q10 | Occupation is:
  • A derivative mode of acquiring ownership
  • An original mode of acquiring ownership
  • Not a mode of acquiring ownership
  • None of the above
Q11 | 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 7th 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.
  • 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.
  • 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.
  • 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.
  • No, because the testatrix was not
Q12 | 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?
  • Yes, because the painting was owned by Brad
  • Yes, because the painting was given as legacy to her by Brad.
  • No. because the real owner of the painting was Jennifer.
  • Yes, because the painting was given to Brad as a gift by Jennifer.
Q13 | The following constitute fraud which is a ground for annulment of marriage
  • concealment of pregnancy of the wife by a man other than the husband
  • concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage
  • concealment of physical incapacity of consummating the marriage and such incapacity continues and appears to be incurable
  • letters a and b
Q14 | A bus owned and operated by CRV Lines, Inc., and negligently driven by Mr. D, an employee rammed a Meralco lamp post. The incident injured Mr. P, a passenger, Mr. PD, a pedestrian. Which is correct?
  • Mr. D cannot be sued under a culpa criminal theory of Mr. P.
  • Mr. P can sue CRV Lines under a quasi delict theory as employer of Mr. D.
  • Mr. PD can sue CRV Lines under a contractual theory.
  • CRV Lines can be sued by Mr. P only under a contractual theory.
Q15 | Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million. Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days within which to decide.
  • Seller may always withdraw the offer before 30 days.
  • Seller can withdraw the offer prior to acceptance by Mr. Buyer.
  • Seller cannot withdraw before the lapse of 30 days.
  • Answer is not given.
Q16 | Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct?
  • Miss X may sue Mr. O under a breach of contract of carriage.
  • Miss X may sue Mr. TP under a culpa aquiliana theory.
  • Miss X may sue the driver of Mr. TP under a culpa criminal theory.
  • Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP.
Q17 | Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms: (i) down payment of P500,000; (ii) entire balance is to be paid on December 24, 2004; (iii) a chattel mortgage is to be executed over the car bought or sold in favor of Mr. Seller. If on the due date for the balance, no payment is paid despite demand.
  • Mr. Seller may foreclose the mortgage on the car and recover any balance if there be a deficiency in the foreclosure sale.
  • Mr. Seller can foreclose the mortgage on the car but is precluded from recovering any balance.
  • Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the balance.
  • Mr. Seller can only cancel or rescind the sale.
Q18 | Mr. Seller offered to sell a parcel of land Mr. Buyer orally for P5 million. Mr. Buyer accepted orally on November 5, 2004.
  • The sale is voidable.
  • The sale is valid and can be registered.
  • The sale is valid but unenforceable and cannot be register
Q19 | Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the same to Mr. B who accepted.
  • The donation is valid.
  • The donation is voidable and may be annulled.
  • The donation is void and Mr. X may get the cell phone back.
  • The donation is void but Mr. X cannot get the cell phone back.
Q20 | Which among the following must be in writing to be valid?
  • A sale of a land.
  • Every donation of personal or movable property.
  • A contract of partnership with a contribution of an immovable.
  • An authority by the principal to an agent to sell movables.
Q21 | The following are contracts that require the delivery of the subject matter before a perfected contract exists. Which is the exception?
  • An agreement to borrow/lend money.
  • An agreement to borrow/lend a car.
  • An agreement to deposit 1,000 bags of cement in a warehouse.
  • A sale of a car.
Q22 | Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell. Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct?
  • The one with a better right is Buyer No. 2
  • Mr. Seller has done a double sale.
  • The one with the better right is the buyer who registers the sale first in good faith.
  • There is no double sale.
Q23 | No. 1 – Fraud is always a ground for annulment of a contract.No. 2 – A simulated contract is voidable.
  • Both are false.
  • Both are true.
  • No. 1 is false; No. 2 is true.
  • No. 1 is true; No. 2 is false.
Q24 | Which contract is rescissible?
  • A contract where both parties are of unsound mind.
  • A contract violating the statute of frauds.
  • A contract where the debtor sells his property to defraud the creditor where the buyer is in good faith.
  • None of the above.
Q25 | When the debtor binds himself to pay when his means shall permit him to do so,
  • The obligation is deemed to be one with a period.
  • The obligation is a conditional obligation.
  • The obligation is vo