Persons And Family Relations 2020 Quiz #1

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| By Sahara Alia
S
Sahara Alia
Community Contributor
Quizzes Created: 1 | Total Attempts: 462
Questions: 15 | Attempts: 462

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Persons And Family Relations 2020 Quiz #1 - Quiz

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Questions and Answers
  • 1. 

    Most of our civil laws are found in the Civil Code but the Civil Code is not the only repository of our civil laws.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The explanation for the given correct answer is that while most of our civil laws are indeed found in the Civil Code, there are also other sources or repositories where civil laws can be found. This means that the Civil Code is not the sole or exclusive place where all civil laws are contained. Therefore, it is true that the Civil Code is not the only repository of our civil laws.

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  • 2. 

    Supreme Court decisions must be published in the Official Gazette in order to become binding and effective.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    Supreme Court decisions do not need to be published in the Official Gazette in order to become binding and effective. While the Official Gazette is a publication that provides information about laws and regulations, the binding nature and effectiveness of Supreme Court decisions are not dependent on their publication in this specific publication.

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  • 3. 

    Internal instructions of administrative agencies are not covered by the requirement of publication under Article 2 of the New Civil Code.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    According to the given statement, internal instructions of administrative agencies are not required to be published under Article 2 of the New Civil Code. This means that these internal instructions do not have to be made available to the public. Therefore, the correct answer is true, indicating that the statement is accurate.

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  • 4. 

    Our courts take judicial notice of foreign laws.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    Our courts do not take judicial notice of foreign laws. Judicial notice is a legal doctrine that allows a court to recognize certain facts without requiring formal evidence to be presented. However, this doctrine typically applies to facts that are generally known or easily verifiable. Foreign laws, on the other hand, are not considered to be generally known or easily verifiable in our courts. Therefore, our courts do not take judicial notice of foreign laws.

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  • 5. 

    Decisions of the lower courts no matter how sound and wise do not become part of jurisprudence.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    This statement is true because jurisprudence refers to the body of law that has been established by legal precedent and court decisions. Lower court decisions, no matter how sound or wise they may be, do not automatically become part of jurisprudence. Only decisions made by higher courts, such as appellate courts or supreme courts, have the authority to establish legal precedent and become part of jurisprudence. Therefore, decisions of lower courts do not have the same level of authority or impact on future legal cases.

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  • 6. 

    Under the principle of exterritoriality, crimes committed on board vessels and airships of a country, although in international waters or space, shall be triable by the courts of the said country.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    Under the principle of exterritoriality, crimes committed on board vessels and airships of a country, although in international waters or space, shall NOT be triable by the courts of the said country. This principle allows for the application of the laws of the country to the vessel or airship, but it does not grant jurisdiction to the country's courts to try crimes committed on board. Instead, the jurisdiction usually falls under the flag state of the vessel or airship or may be subject to international agreements.

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  • 7. 

    Under the principle of lex loci celebrationis, property shall be governed by the law of the place where it is situated.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The principle of lex loci celebrationis states that a contract is governed by the law of the place where it is made, not where the property is situated. Therefore, the given statement is incorrect. Property is governed by the law of the place where it is situated, not where it was celebrated or created.

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  • 8. 

    Good faith is always presumed.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Good faith is a legal principle that assumes a person is acting honestly and with good intentions unless proven otherwise. This means that in legal matters, the default assumption is that individuals are acting in good faith unless there is evidence to the contrary. Therefore, the statement "Good faith is always presumed" is true as it accurately reflects this legal principle.

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  • 9. 

    In Tan v. Valeriano, the Supreme Court ruled that the act of filing of numerous cases against Valeriano by petitioners Gilana, and Gonzales was attended by malice, vindictiveness, and bad faith.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The given answer is False. The Supreme Court ruled in Tan v. Valeriano that the act of filing numerous cases against Valeriano by petitioners Gilana and Gonzales was indeed attended by malice, vindictiveness, and bad faith.

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  • 10. 

    In Buenventura v. CA, the Supreme Court ruled that psychological incapacity cannot be made a basis for the award of moral damages.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    In the case of Buenventura v. CA, the Supreme Court made a ruling that psychological incapacity cannot be used as a grounds for the award of moral damages. This means that even if a person is found to be psychologically incapacitated, they cannot automatically receive compensation for moral damages. This ruling establishes that there must be other valid grounds for the award of moral damages, separate from psychological incapacity. Therefore, the statement "True" is correct.

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  • 11. 

    In Filinvest v. Ngilay, the Supreme Court ruled that the Ngilays had no duty to return the downpayment  received by them since the deed of sale involved was void.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The Supreme Court ruled in Filinvest v. Ngilay that the Ngilays did have a duty to return the downpayment received by them, even though the deed of sale was void. This means that the correct answer is False.

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  • 12. 

    In Gonzalo v. Tarnate, Jr., the Supreme Court ruled that Tarnate is not entitled to the 10% retention fee since the contract is illegal. This is based on the doctrine of in pari delicto which stipulates that the guilty parties to an illegal contract are not entitled to any relief. 

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    In Gonzalo v. Tarnate, Jr., the Supreme Court ruled that Tarnate is entitled to the 10% retention fee despite the contract being illegal. This is because the doctrine of in pari delicto does not apply in this case. The doctrine of in pari delicto states that the guilty parties to an illegal contract are not entitled to any relief. However, in this case, Tarnate is not considered guilty as he did not have knowledge of the contract's illegality when he entered into it. Therefore, he is entitled to the retention fee.

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  • 13. 

    In Bliss Development v. Diaz, the Supreme Court ruled that even if BDC can prove that there was no overlap between the payments made by Diaz and those made by Arreza, allowing it to keep the amortizations paid by Diaz still amounts to unjust enrichment.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The explanation for the given correct answer is that the Supreme Court ruled in Bliss Development v. Diaz that even if BDC can prove that there was no overlap between the payments made by Diaz and those made by Arreza, allowing BDC to keep the amortizations paid by Diaz still amounts to unjust enrichment. This means that even if there was no double payment, it would still be unfair for BDC to benefit from Diaz's payments without any legal justification. Therefore, the statement "allowing it to keep the amortizations paid by Diaz still amounts to unjust enrichment" supports the answer being True.

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  • 14. 

    In People v. Bayotas, the Supreme Court ruled that the death of appellant Bayotas extinguished his criminal liability and the civil liability based solely on the act complained of, i.e., rape. 

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The explanation for the correct answer, which is True, is that in the case of People v. Bayotas, the Supreme Court decided that the death of the appellant Bayotas resulted in the termination of his criminal liability and civil liability specifically related to the act of rape. This means that since Bayotas is deceased, he cannot be held accountable for the crime of rape, and any civil liability arising from that act is also extinguished.

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  • 15. 

    In Daluraya v. Oliva, the Supreme Court ruled that Daluraya's civil liability should be deemed as non-existent by the nature of his acquittal i.e. the prosecution failed to establish that he was the author of the crime. 

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The explanation for the given correct answer is that in the case of Daluraya v. Oliva, the Supreme Court ruled that Daluraya's civil liability should be considered non-existent because he was acquitted of the crime. This means that the prosecution failed to prove that he was the one responsible for the crime. Therefore, since he was found not guilty, it follows that he should not be held civilly liable for any damages or compensation related to the crime.

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Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Aug 18, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Sep 18, 2020
    Quiz Created by
    Sahara Alia

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