Ultimate Property Management Quiz: Trivia!
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Questions and Answers
- 1.
Which are the essential requisites of a contract?
- A.
Consent of the contracting parties
- B.
Object certain w/c is the subject matter of the contract
- C.
Cause or consideration of the obligations
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
The essential requisites of a contract include the consent of the contracting parties, an object that is certain and is the subject matter of the contract, and a cause or consideration for the obligations. All of these elements are necessary for a contract to be valid and enforceable. Consent ensures that both parties willingly enter into the contract, the object ensures that there is a clear subject matter for the contract, and the cause or consideration ensures that there is a legal basis for the obligations. Therefore, the correct answer is "All of the above."Rate this question:
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- 2.
The Statute of Frauds applies only to:
- A.
Partial fulfilled contract
- B.
Completely fulfilled contract
- C.
Executory contracts
- D.
None of the above
Correct Answer
C. Executory contractsExplanation
The correct answer is "Executory contracts". The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing in order to be enforceable. It applies to contracts that are not yet fully performed or executed, meaning there are still obligations or actions that need to be completed by one or both parties. This includes contracts for the sale of real estate, contracts that cannot be performed within one year, and contracts for the sale of goods over a certain value. Partially fulfilled or completely fulfilled contracts would not fall under the Statute of Frauds because they have already been performed or executed.Rate this question:
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- 3.
A law that provides that certain contracts/agreements must be in writing in order to be enforceable:
- A.
Statute of Frauds
- B.
Obligation Contracts
- C.
Statue of Obligation
- D.
None of the above
Correct Answer
A. Statute of FraudsExplanation
The correct answer is Statute of Frauds. The Statute of Frauds is a law that requires certain contracts or agreements to be in writing in order to be enforceable. This law exists to prevent fraud and ensure that important agreements are properly documented. It typically applies to contracts for the sale of land, contracts that cannot be performed within one year, contracts for the sale of goods over a certain value, and agreements to pay someone else's debt. By requiring written evidence, the Statute of Frauds aims to protect parties from false claims or misunderstandings in contractual agreements.Rate this question:
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- 4.
In a defective contract, the defect is caused by a lack of essential elements or illegality is:
- A.
Voidable
- B.
Unenforceable
- C.
Void
- D.
None of the above
Correct Answer
C. VoidExplanation
A defective contract is one that lacks essential elements or involves illegality. In such cases, the contract is considered void because it is fundamentally flawed and has no legal effect. Void contracts are treated as if they never existed, and the parties are not bound by any obligations outlined in the contract. Therefore, the correct answer is void.Rate this question:
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- 5.
In a defective contract, the defect is caused by vice or consent is:
- A.
Rescissible
- B.
Voidable
- C.
Unenforceable
- D.
None of the above
Correct Answer
B. VoidableExplanation
A defective contract refers to a contract that has some flaw or defect, either due to a vice or lack of consent. In this case, the defect is caused by vice or consent, which means that the contract can be voided or canceled by one or both parties involved. Therefore, the correct answer is "Voidable."Rate this question:
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- 6.
In a defective contract, the defect is caused by a lack of form, authority, or capacity of both parties not caused by prescription is:
- A.
Unenforceable
- B.
Rescissible
- C.
Voidable
- D.
None of the above
Correct Answer
A. UnenforceableExplanation
In a defective contract, the defect is caused by a lack of form, authority, or capacity of both parties not caused by prescription. This means that the contract cannot be enforced by either party, as it does not meet the necessary legal requirements. Therefore, the correct answer is "Unenforceable".Rate this question:
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- 7.
Which agency of the government charged with the execution of laws relative to the registration of lands and is under the executive supervision of the Department of Justice?
- A.
Bureau of Lands
- B.
HLURB
- C.
Land Registration Authority
- D.
None of the above
Correct Answer
C. Land Registration AuthorityExplanation
The Land Registration Authority is the correct answer because it is the agency of the government responsible for executing laws related to the registration of lands. It operates under the executive supervision of the Department of Justice. The Bureau of Lands and HLURB are not specifically tasked with land registration, making them incorrect options.Rate this question:
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- 8.
Which of the following are the modes of acquiring ownership?
- A.
Accretion
- B.
Adverse possession or prescription
- C.
Private grant or voluntary transfer
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
The modes of acquiring ownership include accretion, adverse possession or prescription, and private grant or voluntary transfer. Accretion refers to the gradual increase of land by natural forces such as the deposition of soil or the shifting of a river's course. Adverse possession or prescription occurs when someone gains ownership of a property by occupying it openly and continuously for a specified period of time. Private grant or voluntary transfer involves the transfer of ownership through a legal agreement or contract. Therefore, all of the options listed are valid modes of acquiring ownership.Rate this question:
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- 9.
Possession of land for the required number of years and assertion of ownership through an interrupted actual possession of the property within the period of time prescribed by law:
- A.
Adverse possession
- B.
Prescription
- C.
Accretion
- D.
None of the above
Correct Answer
B. PrescriptionExplanation
Prescription refers to the legal concept where a person acquires ownership of a property through continuous and uninterrupted possession for a specific period of time, as prescribed by law. This possession must be open, notorious, and hostile to the rights of the true owner. In this case, the possession of land for the required number of years and assertion of ownership through uninterrupted actual possession within the prescribed period aligns with the concept of prescription.Rate this question:
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- 10.
Refers to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as an organized community:
- A.
Indigenous Peoples
- B.
Ancestral Peoples
- C.
Native Peoples
- D.
None of the above
Correct Answer
A. Indigenous PeoplesExplanation
The correct answer is Indigenous Peoples. Indigenous Peoples refers to a group of people or homogenous societies who have continuously lived as an organized community and are identified by self-ascription and ascription by others. This term is commonly used to recognize and acknowledge the original inhabitants of a particular region or territory. Ancestral Peoples and Native Peoples could be related to indigenous communities, but they do not encompass the full meaning and scope of Indigenous Peoples.Rate this question:
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- 11.
The public repository of records of instruments affecting registered and unregistered land and the chattel mortgage is:
- A.
Registry of Deeds
- B.
HLURB
- C.
Land Registration Authority
- D.
None of the above
Correct Answer
A. Registry of DeedsExplanation
The correct answer is Registry of Deeds. The Registry of Deeds is responsible for maintaining and keeping records of instruments that affect registered and unregistered land, as well as chattel mortgages. This includes documents such as deeds, mortgages, leases, and liens. The Registry of Deeds plays a crucial role in ensuring the transparency and accuracy of land ownership and property rights.Rate this question:
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- 12.
Refers to a title formally recognizing the right of possession and ownership of Indigenous Peoples over their Ancestral Domains identified and delineated:
- A.
Native Title
- B.
Certificate of Ancestral Domain Title
- C.
Certificate of Ancestral Lands Title
- D.
None of the above
Correct Answer
B. Certificate of Ancestral Domain TitleExplanation
The correct answer is Certificate of Ancestral Domain Title. This title formally recognizes the right of possession and ownership of Indigenous Peoples over their Ancestral Domains that have been identified and delineated. It is a legal document that grants Indigenous Peoples the authority to manage and protect their ancestral lands, territories, and resources. It signifies the recognition and protection of Indigenous Peoples' rights to their traditional lands and resources.Rate this question:
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- 13.
It is the delivery and transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of the performance of the obligation:
- A.
Dacion en Pago (Dation in Payment)
- B.
Tender of Payment
- C.
Consignation
- D.
None of the above
Correct Answer
A. Dacion en Pago (Dation in Payment)Explanation
Dacion en Pago, also known as Dation in Payment, refers to the delivery and transmission of ownership of a thing by the debtor to the creditor as a form of payment for the debt. It is an accepted equivalent of the performance of the obligation. This means that instead of paying the debt with money, the debtor transfers ownership of a property or asset to the creditor to settle the debt. This method of payment is commonly used in situations where the debtor is unable to fulfill the obligation with cash or when both parties agree to this alternative form of payment.Rate this question:
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- 14.
In the mode of acquiring ownership, actual possession of land in opposition to all other claimants is called:
- A.
Accretion
- B.
Prescription
- C.
Adverse possession
- D.
None of the above
Correct Answer
C. Adverse possessionExplanation
Adverse possession refers to the legal concept where an individual gains ownership of a property by openly and continuously occupying it for a specific period of time, without the permission of the legal owner. This is in contrast to other claimants who may have competing interests or claims to the property. Adverse possession requires the claimant to meet certain criteria, such as occupying the property openly, continuously, and exclusively, as well as fulfilling the required time period set by law. Therefore, adverse possession is the correct answer as it best describes the situation where one gains ownership through actual possession in opposition to other claimants.Rate this question:
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- 15.
Refers to land occupied, possessed, and utilized by individuals, families, and clans who are members of Indigenous Peoples:
- A.
Indigenous Lands
- B.
Native Lands
- C.
Ancestral Lands
- D.
None of the above
Correct Answer
C. Ancestral LandsExplanation
Ancestral Lands refers to land that is occupied, possessed, and utilized by individuals, families, and clans who are members of Indigenous Peoples. This term emphasizes the historical and cultural connection that Indigenous Peoples have to the land, recognizing their long-standing presence and relationship with the territory. It acknowledges their rights and claims to the land based on their ancestral heritage and traditional practices.Rate this question:
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- 16.
Refers to a title formally recognizing the rights of Indigenous Peoples over their Ancestral Lands:
- A.
Certificate of Ancestral lands Title
- B.
Native Title
- C.
Certificate of Ancestral Domain Title
- D.
None of the above
Correct Answer
A. Certificate of Ancestral lands TitleExplanation
The correct answer is Certificate of Ancestral Domain Title. This title formally recognizes the rights of Indigenous Peoples over their Ancestral Lands. It is a legal document that grants ownership and control of the land to the Indigenous community, acknowledging their historical and cultural connection to the territory. This title provides legal protection and ensures that the Indigenous community can manage and develop their land according to their traditions and customs.Rate this question:
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- 17.
Which below to be effected when foreign ownership exceeds 40%?
- A.
Foreign corporation lose its capacity to hold the private land
- B.
Foreign corporation will be granted temporary rights such as a lease contract
- C.
A and b
- D.
None of the above
Correct Answer
C. A and bExplanation
When foreign ownership exceeds 40%, both options a and b are affected. This means that foreign corporations will lose their capacity to hold private land, and instead, they will be granted temporary rights such as a lease contract. This implies that foreign corporations will no longer have the ability to own private land outright and will only be able to lease it for a limited period of time.Rate this question:
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- 18.
Persons who cannot acquire by purchase because of fiduciary relationship:
- A.
Guardian
- B.
Agents
- C.
Executors and administrators
- D.
Public Officers and employees
- E.
All of the above
Correct Answer
E. All of the aboveExplanation
The correct answer is "All of the above." This means that all of the mentioned persons (guardians, agents, executors and administrators, public officers and employees) cannot acquire something by purchase due to their fiduciary relationship. Fiduciary relationships involve trust and confidence, where one party is obligated to act in the best interest of another party. In such relationships, these individuals are prohibited from using their position to benefit themselves financially, including acquiring assets through purchase.Rate this question:
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- 19.
Refers to all areas generally belonging to Indigenous Peoples comprising lands, inland waters, coastal areas, and natural resources:
- A.
Ancestral Lands
- B.
Ancestral Domains
- C.
Indigenous Cultural Domains
- D.
None of the above
Correct Answer
B. Ancestral DomainsExplanation
Ancestral domains refer to all areas generally belonging to Indigenous Peoples, including lands, inland waters, coastal areas, and natural resources. This term acknowledges and recognizes the historical and cultural ties that Indigenous Peoples have to these areas, highlighting their rights and ownership over these territories. Ancestral domains are an important concept in indigenous rights and land management, promoting the preservation of indigenous cultures and sustainable development practices.Rate this question:
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- 20.
The manifestation of the debtor to the creditor of his decision to comply immediately with his obligation:
- A.
Dacion en Pago (Dation in Payment)
- B.
Tender of Payment
- C.
Consignation
- D.
None of the above
Correct Answer
B. Tender of PaymentExplanation
Tender of payment refers to the act of the debtor offering the exact amount of money or other form of payment to the creditor, demonstrating his willingness and ability to fulfill his obligation immediately. This is a common method used to settle debts and signifies the debtor's intention to comply with his financial responsibilities. Dacion en Pago, on the other hand, refers to the transfer of ownership of a property to the creditor as a form of payment, while Consignation is the deposit of the amount owed with a court or authorized entity when the creditor refuses to accept payment. Hence, the correct answer is Tender of Payment.Rate this question:
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- 21.
It requires the purchaser to be aware of the supposed title of the vendor and one who buys without checking the vendor’s title is called:
- A.
Caveat Venditor
- B.
Caveat Emptor
- C.
Adverse claim
- D.
None of the above
Correct Answer
B. Caveat EmptorExplanation
Caveat Emptor is the correct answer because it refers to the principle that the buyer is responsible for checking and verifying the vendor's title before making a purchase. It implies that the purchaser should be cautious and aware of any potential risks or issues with the seller's ownership or legal rights to the product being sold. This principle places the burden of due diligence on the buyer rather than the seller.Rate this question:
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- 22.
Is a notice to a third persons that someone is claiming an interest on the property or has a better right than the registered owner:
- A.
Caveat Venditor
- B.
Caveat Emptor
- C.
Adverse claim
- D.
None of the above
Correct Answer
C. Adverse claimExplanation
An adverse claim is a notice given to third parties that someone is asserting a right or interest in a property that is superior to the registered owner. This means that the person claiming the adverse claim believes they have a better right to the property than the registered owner. It serves as a warning to potential buyers or other interested parties that there may be a dispute or competing claim to the property.Rate this question:
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- 23.
The vendor is liable to the vendee for any hidden faults or defects in the thing sold is called:
- A.
Caveat Venditor
- B.
Caveat Emptor
- C.
Adverse claim
- D.
None of the above
Correct Answer
B. Caveat EmptorExplanation
Caveat Emptor is the correct answer because it means "let the buyer beware". This principle states that the buyer is responsible for inspecting and evaluating the quality and condition of the item before making a purchase. It places the burden on the buyer to discover any hidden faults or defects in the product. In contrast, Caveat Venditor means "let the seller beware" and refers to the seller's responsibility to disclose any hidden faults or defects to the buyer. Adverse claim and None of the above are not relevant to the concept of liability for hidden faults or defects.Rate this question:
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- 24.
After the lapse of said period, the annotation of adverse claim may be cancelled upon filing of a:
- A.
Appeal
- B.
Plea
- C.
Verified petition
- D.
None of the above
Correct Answer
C. Verified petitionExplanation
A verified petition is the correct answer because it is a formal written request that is supported by evidence and signed under oath. In the context of cancelling the annotation of adverse claim, filing a verified petition would be the appropriate legal action to take. This petition would need to provide valid reasons and evidence to support the request for cancellation. Appeals and pleas are not relevant in this situation, as they pertain to different legal processes. Therefore, the correct course of action would be to file a verified petition to cancel the annotation of adverse claim.Rate this question:
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- 25.
Notice that intended to constructively advise, or warn all people who deal with the property that they so deal with it at their own risk:
- A.
Notice of Lis Pendens
- B.
Notice of lawsuit
- C.
Caveat
- D.
None of the above
Correct Answer
A. Notice of Lis PendensExplanation
The correct answer is "Notice of Lis Pendens". A Notice of Lis Pendens is a legal document filed in public records to notify potential buyers or creditors that a property is involved in a pending lawsuit. It serves as a warning that anyone who deals with the property does so at their own risk. This notice helps protect the rights of the parties involved in the lawsuit and prevents the property from being transferred or encumbered during the legal proceedings.Rate this question:
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- 26.
Purchaser of the thing leased can terminate the lease except in the following conditions:
- A.
Lease is recorded in the Registry of Deeds
- B.
There is stipulation in the contract of sale that purchaser shall respect the lease
- C.
Purchaser knows the existence of the lease
- D.
A and b
Correct Answer
D. A and bExplanation
The correct answer is a and b. This means that the purchaser of the thing leased can terminate the lease if either the lease is recorded in the Registry of Deeds or if there is a stipulation in the contract of sale that the purchaser shall respect the lease. In both of these cases, the purchaser is aware of the lease and therefore has the ability to terminate it.Rate this question:
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- 27.
A lease contract providing that the lessee can stay in the premises for as long as he wants and for as long as he can pay the rentals and its increases:
- A.
Perpetual Lease
- B.
Sublease
- C.
Long term lease
- D.
None of the above
Correct Answer
A. Perpetual LeaseExplanation
A perpetual lease is a type of lease contract that allows the lessee to stay in the premises for an indefinite period of time, as long as they continue to pay the rentals and any increases. Unlike other lease contracts that have a set duration or end date, a perpetual lease has no specific end date and can continue for as long as the lessee desires and is able to fulfill their payment obligations. This type of lease provides the lessee with a high level of flexibility and security in terms of their occupancy of the premises.Rate this question:
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- 28.
Choose which are the characteristics of a mortgage contract:
- A.
Real
- B.
Accessory
- C.
Subsidiary
- D.
Unilateral
- E.
All of the above
Correct Answer
E. All of the aboveExplanation
All of the characteristics mentioned - real, accessory, subsidiary, and unilateral - are indeed associated with a mortgage contract. A mortgage contract is considered real because it involves the transfer of a real property as collateral. It is accessory because it is dependent on the existence of a principal obligation, such as a loan. It is subsidiary because it supports the fulfillment of the principal obligation. Lastly, it is unilateral because it imposes obligations on the borrower while granting rights to the lender. Therefore, all of these characteristics apply to a mortgage contract.Rate this question:
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- 29.
Select which are the obligations of a lessor:
- A.
To deliver the property in a good condition as to render it fit for the use intended
- B.
To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of contract
- C.
To make on the property during the lease all the necessary repairs in order to keep it suitable to use
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
The obligations of a lessor include delivering the property in a good condition suitable for the intended use, ensuring the lessee's peaceful and adequate enjoyment of the lease throughout the contract, and making necessary repairs to keep the property suitable for use.Rate this question:
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- 30.
Stipulation whereby the thing mortgaged, shall automatically become the property of the creditor in the event of non-payment of the debt within the term fixed:
- A.
Pactum Non Aliendo
- B.
Pactum Commissorium
- C.
Pactum de Aliendo
- D.
None of the above
Correct Answer
B. Pactum CommissoriumExplanation
Pactum Commissorium is a stipulation in a mortgage agreement where the thing mortgaged automatically becomes the property of the creditor if the debtor fails to repay the debt within the agreed term. This means that if the debtor defaults on the loan, the creditor has the right to take ownership of the mortgaged property without any further legal action. This provision is designed to protect the creditor's interests and ensure that they have a means of recovering their investment in case of non-payment.Rate this question:
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- 31.
What kind of real estate mortgage that means one which shows the intention of the parties to make the property a security for a debt:
- A.
Voluntary
- B.
Legal
- C.
Equitable
- D.
None of the above
Correct Answer
C. EquitableExplanation
An equitable real estate mortgage is one in which the intention of the parties is to make the property a security for a debt. This means that the borrower and lender have agreed that the property will be used as collateral for the loan. Unlike a voluntary or legal mortgage, an equitable mortgage does not necessarily require the formalities of a written agreement or registration with the appropriate authorities. Instead, it relies on the understanding and agreement between the parties involved.Rate this question:
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- 32.
What kind of real estate mortgage that means one is required by law to be executed in favor of certain persons:
- A.
Voluntary
- B.
Legal
- C.
Equitable
- D.
None of the above
Correct Answer
C. EquitableExplanation
An equitable real estate mortgage refers to a mortgage that is required by law to be executed in favor of certain persons. This means that it is not voluntary, but rather a legal obligation. It is different from a voluntary mortgage, which is entered into willingly by the parties involved. Therefore, the correct answer is equitable.Rate this question:
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- 33.
A stipulation forbidding the owner from alienating the immovable mortgage:
- A.
Pactum Non Aliendo
- B.
Pactum Commissorium
- C.
Pactum de Aliendo
- D.
None of the above
Correct Answer
A. Pactum Non AliendoExplanation
Pactum Non Aliendo refers to a stipulation in a mortgage agreement that prohibits the owner from transferring or alienating the immovable property. This means that the owner is restricted from selling, leasing, or otherwise disposing of the property without the consent of the mortgagee. This clause is commonly included in mortgage agreements to protect the interests of the mortgage lender and ensure that the property remains available as collateral for the loan.Rate this question:
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- 34.
Select which are the obligations of a lessee:
- A.
To pay the price of the lease
- B.
To stipulate or make an agreements
- C.
To pay the expenses for the deed of the lease
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
The obligations of a lessee include paying the price of the lease, stipulating or making agreements, and paying the expenses for the deed of the lease. All of these obligations are necessary for a lessee to fulfill their responsibilities in a lease agreement.Rate this question:
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- 35.
Real Estate mortgage special requisites covers:
- A.
Immovable property
- B.
Alienable real rights imposed upon immovable
- C.
A and b
- D.
None of the above
Correct Answer
C. A and bExplanation
Real Estate mortgage special requisites cover both immovable property and alienable real rights imposed upon immovable property. This means that when obtaining a mortgage for real estate, the lender may require certain conditions related to the property itself, as well as any rights or restrictions that may be imposed on the property. This ensures that the lender has sufficient security for the loan and protects their interests in the event of default or other issues.Rate this question:
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- 36.
Select which kinds of real estate mortgage under the law:
- A.
Voluntary
- B.
Legal
- C.
Equitable
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
The correct answer is "All of the above" because under the law, all three kinds of real estate mortgages - voluntary, legal, and equitable - are recognized and enforceable. A voluntary mortgage is one where the borrower willingly pledges their property as collateral for a loan. A legal mortgage is created by a legal document, such as a mortgage deed, and is registered with the appropriate authorities. An equitable mortgage, on the other hand, is created through an agreement or understanding between the parties involved, without the need for a formal legal document. Therefore, all three types of mortgages are valid and recognized under the law.Rate this question:
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- 37.
When the deceased registered owner is survived as a sole heir, the estate of the former maybe transferred to a latter with the execution of a document is known as:
- A.
Principle of Infiltration
- B.
Extra-Judicial Settlement of Estate
- C.
Will
- D.
Declaration of Ownership
- E.
Affidavit of Adjudication
Correct Answer
E. Affidavit of AdjudicationExplanation
The correct answer is Affidavit of Adjudication. This document is used when the deceased registered owner is survived by a sole heir, and it allows for the transfer of the deceased's estate to the heir. It serves as a legal proof of the heir's entitlement to the deceased's assets and property.Rate this question:
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- 38.
In the absence of a prenuptial agreement, the following are excluded from the community property except:
- A.
Gratuitous title by other spouse; unless otherwise provided by donor
- B.
Fruits as well as income of properties mentioned in choice (a); unless otherwise provided by donor
- C.
Property for personal and exclusive use of either spouse
- D.
Jewelry for personal and exclusive use of either spouse
- E.
Property acquired before the marriage and the fruits as well as the income, if any of such property
Correct Answer
D. Jewelry for personal and exclusive use of either spouseExplanation
In the absence of a prenuptial agreement, all of the options listed are excluded from the community property except for jewelry for personal and exclusive use of either spouse. This means that any property acquired before the marriage, as well as any fruits and income from that property, are excluded from the community property. Gratuitous title by the other spouse, fruits and income of properties mentioned in choice (a), and property for personal and exclusive use of either spouse are also excluded. However, jewelry for personal and exclusive use of either spouse is not excluded and would be considered community property.Rate this question:
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- 39.
Donation of a property is void when:
- A.
The donor stipulates that the property shall not be occupied by the donee until after the donor’s death
- B.
The donor is donating to his mistress who has been charged and found guilty of adultery
- C.
The donor stipulates that the done give fruits of the land for one year to his siblings
- D.
The donor stipulates that the donation shall take effects only upon his death
- E.
All of the above
Correct Answer
B. The donor is donating to his mistress who has been charged and found guilty of adultery -
- 40.
What is functional share of the surviving spouse that will appear in the new title if the descendant(decedent) left three (3) legitimate children and one (1) (il)legitimate child:
- A.
4.5/9
- B.
5.5/9
- C.
1/9
- D.
1/ 4.5
- E.
3.25/9
Correct Answer
B. 5.5/9Explanation
The surviving spouse's functional share in the new title is 5.5/9. This means that out of the total estate, the surviving spouse will be entitled to 5.5 parts out of 9 parts. This share is determined based on the number of legitimate children and illegitimate children the decedent had. In this case, since there are three legitimate children and one illegitimate child, the surviving spouse's share is calculated as 1/3 for each legitimate child and 1/9 for the illegitimate child. Adding these shares together gives a total of 5.5/9 for the surviving spouse.Rate this question:
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- 41.
Property exclusively owned by the husband is called:
- A.
Chattel
- B.
Paraphernal property
- C.
Accession
- D.
Capital property
Correct Answer
D. Capital propertyExplanation
Capital property refers to property that is exclusively owned by the husband. This term is often used in the context of family law and marital property rights. It typically includes assets such as real estate, investments, and business interests that are considered separate from the shared marital property. This distinction allows the husband to have sole control and ownership over these assets.Rate this question:
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- 42.
Annotation of Section 4, Rule 74 of the Rules of Court on the property of a deceased person, a surviving spouse and children, provides that the property shall be subject to the rights of three of the following four. Who among four does no have the right to the subject property?
- A.
Heirs
- B.
Any person who might have been unduly deprived of his participation in the estate of the deceased
- C.
The Parents of the deceased
- D.
Creditors
Correct Answer
C. The Parents of the deceasedExplanation
According to Section 4, Rule 74 of the Rules of Court, the property of a deceased person is subject to the rights of heirs, any person who might have been unduly deprived of his participation in the estate, and creditors. However, the parents of the deceased do not have the right to the subject property.Rate this question:
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- 43.
When a property owner dies without any heirs to inherit, which of the following inherit powers of the state is applied on the property:
- A.
Expropriation
- B.
Escheat
- C.
Eminent domain
- D.
Taxation
Correct Answer
B. EscheatExplanation
Escheat is the correct answer because when a property owner dies without any heirs, the property is transferred to the state through a legal process called escheat. Escheat allows the state to take ownership of the property in order to prevent it from becoming abandoned or neglected. This ensures that the property is put to productive use and benefits the community as a whole.Rate this question:
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- 44.
Spouses have the freedom to choose the regime that will govern their properties by marriage settlement or pre-nuptial agreement, such as, but not include:
- A.
Absolute community
- B.
Conjugal partnership
- C.
Absolute separation
- D.
Agent
Correct Answer
D. Agent -
- 45.
Alvin and Iris executed a marriage settlement specifying that the regime of separation of property shall govern their property relations during marriage. They are married in proper ceremonies on December 1, 1988. Under the Family Code, which of the following systems shall govern their property relations during the marriage?
- A.
Absolute community property
- B.
Conjugal partnership of gains
- C.
Separation of property
- D.
Exclusive property
Correct Answer
C. Separation of propertyExplanation
The correct answer is "Separation of property" because Alvin and Iris executed a marriage settlement specifying that the regime of separation of property shall govern their property relations during marriage. This means that each spouse retains ownership and control over their own individual properties, and they are not required to share any assets or liabilities acquired during the marriage.Rate this question:
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- 46.
Spouses who were married after the effectivity of the family code without any pre-nuptial agreement shall be governed by:
- A.
Conjugal partnership of gains
- B.
Partial community property
- C.
Partnership
- D.
Absolute separation of property
- E.
Absolute community of property
Correct Answer
E. Absolute community of propertyExplanation
When spouses are married after the effectivity of the family code without any pre-nuptial agreement, they are governed by the regime of absolute community of property. This means that all assets and liabilities acquired by either spouse during the marriage are considered jointly owned and will be divided equally between them in the event of separation or divorce.Rate this question:
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- 47.
Mr. Villanueva inherited a piece of land when he was still single. Then he got married on October 1, 2000 without a marriage settlement. What is the nature of property now that he is married?
- A.
Exclusive property
- B.
Community property
- C.
Conjugal property
- D.
Separate property
- E.
Common property
Correct Answer
B. Community propertyExplanation
When Mr. Villanueva got married without a marriage settlement, the nature of the property he inherited became community property. In many jurisdictions, when a person gets married without a marriage settlement, any property acquired before the marriage becomes community property, which means that it is jointly owned by both spouses. Therefore, the correct answer is community property.Rate this question:
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- 48.
What is Legitime?
- A.
An inherited property
- B.
An acknowledged heir
- C.
Reserved property for compulsory heirs
- D.
Child born out of wedlock
- E.
A process of Legimitation
Correct Answer
C. Reserved property for compulsory heirsExplanation
Legitime refers to the portion of an estate that is reserved by law for compulsory heirs. In some jurisdictions, there are certain individuals who are entitled to receive a specific share of an estate, regardless of the deceased person's wishes. This reserved property ensures that these compulsory heirs receive their rightful inheritance.Rate this question:
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- 49.
In the phrase “save in cases of hereditary succession’ in Sec. 7, Art. XII (National Economy and patrimony), Phil. Charter, What kind of transferee of private land does it refer to?
- A.
The National Government
- B.
An heir in Phil. Law on succession and inheritance
- C.
A humanitarian institution
- D.
The estate of deceased
- E.
A charitable, religious and education institution
Correct Answer
B. An heir in Phil. Law on succession and inheritanceExplanation
The phrase "save in cases of hereditary succession" in Sec. 7, Art. XII of the Philippine Charter refers to an heir in Philippine Law on succession and inheritance. This means that the transfer of private land is allowed only in cases where it is being passed down to an heir according to the laws of succession and inheritance in the Philippines.Rate this question:
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- 50.
Husband and wife cannot sell property to each other except when a separation of property is agreed upon in the “ante-nuptial” contract and:
- A.
When their property relationship is one absolute community of property
- B.
When one of the spouses is still a minor
- C.
When there is a pending annulment of their marriage
- D.
When one of the spouses is accused of infidelity
- E.
When there is a judicial separation of property
Correct Answer
E. When there is a judicial separation of propertyExplanation
When there is a judicial separation of property, it means that the court has intervened and ordered the division of the property between the husband and wife. In this case, they are allowed to sell property to each other because the court has already determined how the property should be divided.Rate this question:
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Quiz Review Timeline +
Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.
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Current Version
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Apr 21, 2023Quiz Edited by
ProProfs Editorial Team -
Feb 20, 2013Quiz Created by
Zaldyt
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