Lex Transnational : Philippine Civil Law MCQ
2011 Bar Questions and Answers
- 1.
When does a declaration of absence of a missing person take effect?
- A.
Immediately from the issuance of the declaration of absence
- B.
3 months after the publication of the declaration of absence
- C.
6 months after the publication of the declaration of absence
- D.
15 days from the issuance of the declaration of absence
Correct Answer
C. 6 months after the publication of the declaration of absenceExplanation
The correct answer is 6 months after the publication of the declaration of absence. This means that once the declaration of absence is published, it takes 6 months for it to take effect. During this time, efforts may still be made to locate the missing person. After the 6-month period, the declaration of absence becomes legally binding, allowing for certain legal actions to be taken, such as the administration of the missing person's estate.Rate this question:
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- 2.
The authority that school administrators exercise over school children under their supervision, instruction, or custody is called
- A.
Legal parental authority.
- B.
Ordinary parental authority.
- C.
Substitute parental authority.
- D.
Special parental authority.
Correct Answer
D. Special parental authority.Explanation
The authority that school administrators exercise over school children under their supervision, instruction, or custody is called special parental authority. This means that while the children are at school, the administrators have the power to act as parents and make decisions regarding the children's welfare and discipline. This authority is necessary for maintaining a safe and productive learning environment.Rate this question:
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- 3.
Can future inheritance be the subject of a contract of sale?
- A.
No, since it will put the predecessor at the risk of harm from a tempted buyer, contrary to public policy.
- B.
Yes, since the death of the decedent is certain to occur.
- C.
No, since the seller owns no inheritance while his predecessor lives.
- D.
Yes, but on the condition that the amount of the inheritance can only be ascertained after the obligations of the estate have been paid.
Correct Answer
C. No, since the seller owns no inheritance while his predecessor lives.Explanation
The correct answer is "No, since the seller owns no inheritance while his predecessor lives." This answer is correct because a contract of sale involves the transfer of ownership of a property or asset from the seller to the buyer. In the case of future inheritance, the seller does not own the inheritance until their predecessor passes away. Therefore, it is not possible for future inheritance to be the subject of a contract of sale.Rate this question:
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- 4.
Upon the proposal of a third person, a new debtor substituted the original debtor without the latter’s consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation. What is the effect of the new debtor’s default upon the original debtor?
- A.
The original debtor is freed of liability since novation took place and this relieved him of his obligation.
- B.
The original debtor shall pay or perform the obligation with recourse to the new debtor.
- C.
The original debtor remains liable since he gave no consent to the substitution.
- D.
The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on his part.
Correct Answer
A. The original debtor is freed of liability since novation took place and this relieved him of his obligation.Explanation
The effect of the new debtor's default upon the original debtor is that the original debtor is freed of liability. This is because a novation took place, where the original debtor was substituted with the new debtor with the consent of the creditor. Novation is a legal concept that replaces an existing obligation with a new one, effectively releasing the original debtor from their obligation. Therefore, the default of the new debtor does not affect the original debtor's liability.Rate this question:
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- 5.
Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager downgraded her to economy on the ground that a Congressman had to be accommodated in the business class. Lennie suffered the discomfort and embarrassment of the downgrade. She sued the airlines for quasi-delict butAlta Airlines countered that, since her travel was governed by a contract between them, no quasi-delict could arise. Is the airline correct?
- A.
No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad faith, and malice.
- B.
No, denying Lennie the comfort and amenities of the business class as provided in the ticket is a tortious act.
- C.
Yes, since the facts show a breach of contract, not a quasi-delict
- D.
Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation between the parties.
Correct Answer
A. No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad faith, and malice.Explanation
The correct answer is No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad faith, and malice. This is because even though there is a contract between Lennie and Alta Airlines, the actions of the airline in downgrading her to economy class can be considered tortious if it is done with arbitrariness, gross bad faith, and malice. In this case, the airline's decision to downgrade Lennie was not justified and caused her discomfort and embarrassment, which can be seen as a breach of contract that is tainted with tortious behavior.Rate this question:
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- 6.
Which of the following is an indispensable requirement in an action for “quieting of title” involving real property? The plaintiff must
- A.
Be in actual possession of the property
- B.
Be the registered owner of the property
- C.
Have legal or equitable title to the property.
- D.
Be the beneficial owner of the property
Correct Answer
C. Have legal or equitable title to the property.Explanation
In an action for "quieting of title" involving real property, the plaintiff must have legal or equitable title to the property. This means that the plaintiff must have a valid and enforceable ownership interest in the property. This requirement is necessary because only the legal or equitable owner of the property has the right to bring an action to establish and confirm their ownership rights and to remove any claims or clouds on the title. Being in actual possession, being the registered owner, or being the beneficial owner alone may not be sufficient to establish a clear and undisputed title to the property.Rate this question:
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- 7.
X and Y were to marry in 3 months. Meantime, to express his affection, X donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote back, accepting the donation and took possession of the property. Before the wedding, however, Y suddenly died of heart attack. Can Y’s heirs get the property?
- A.
No, since the marriage did not take place
- B.
Yes, since all the requisites of a donation of an immovable are present
- C.
No, since the donation and its acceptance are not in a public instrument.
- D.
Yes, since X freely donated the property to Y who became its owner.
Correct Answer
C. No, since the donation and its acceptance are not in a public instrument.Explanation
The correct answer is "No, since the donation and its acceptance are not in a public instrument." This means that because the donation and acceptance were not made in a legally recognized public document, the heirs of Y cannot claim ownership of the property. In order for the donation to be valid and legally binding, it must be properly documented and recorded. Since this was not done in this case, Y's heirs do not have a legal claim to the property.Rate this question:
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- 8.
Rene and Lily got married after a brief courtship. After one month, Lily discovered that while Rene presented himself as a macho man he was actually gay. He would not go to bed with her. He kept obscene magazines of nude men and always sought the company of handsome boys. What legal remedy does Lily have?
- A.
She can file an action for annulment of marriage on ground of fraud
- B.
She can seek a declaration of nullity of the marriage based on Rene’s psychological incapacity
- C.
She can go abroad and file for divorce in a country that can grant it.
- D.
She has none since she had the opportunity to examine the goods and freely entered into the marriage.
Correct Answer
A. She can file an action for annulment of marriage on ground of fraudExplanation
Lily can file for an annulment of the marriage based on the ground of fraud. This is because Rene presented himself as a heterosexual man during their courtship and marriage, but Lily later discovered that he was actually gay and refused to have a sexual relationship with her. This deception can be considered as fraud, which is a valid legal ground for seeking an annulment of the marriage.Rate this question:
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- 9.
Lucio executed a simple deed of donation of P50 million on time deposit with a bank in favor of A, B, C, D, and E, without indicating the share of each donee. All the donees accepted the donation in writing. A, one of the donees, died. Will B, C, D, and E get A’s share in the money?
- A.
Yes, accretion will automatically apply to the joint-donees in equal shares
- B.
Yes, since the donor’s intention is to give the whole of P50 million to the jointdonees in equal shares.
- C.
No, A”s share will revert to the donor because accretion applies only if the joint-donees are spouses
- D.
No, A’s share goes to his heirs since the donation did not provide for reversion to donor.
Correct Answer
D. No, A’s share goes to his heirs since the donation did not provide for reversion to donor.Explanation
The correct answer is No, A’s share goes to his heirs since the donation did not provide for reversion to donor. In this case, since the donation did not specify the share of each donee, the default rule is that each donee is entitled to an equal share. However, when one of the donees dies, their share does not automatically go to the remaining donees. Instead, it goes to their heirs, as there was no provision for reversion to the donor in the donation.Rate this question:
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- 10.
Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before the land could be partitioned, however, Raul sold his hereditary right to Raffy, a stranger to the family, for P5 million. Do Ester and Rufus have a remedy for keeping the land within their family?
- A.
Yes, they may be subrogated to Raffy’s right by reimbursing to him within the required time what he paid Raul.
- B.
Yes, they may be subrogated to Raffy’s right provided they buy him out before he registers the sale.
- C.
. No, they can be subrogated to Raffy’s right only with his conformity
- D.
No, since there was no impediment to Raul selling his inheritance to a stranger
Correct Answer
A. Yes, they may be subrogated to Raffy’s right by reimbursing to him within the required time what he paid Raul.Explanation
Ester and Rufus have a remedy for keeping the land within their family. They can be subrogated to Raffy's right by reimbursing him within the required time for what he paid Raul. This means that Ester and Rufus have the option to step into Raffy's shoes and acquire his rights to the land by paying him back the amount he paid to Raul. By doing so, they can keep the land within their family.Rate this question:
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- 11.
When one exercises a right recognized by law, knowing that he thereby causes an injustice to another, the latter is entitled to recover damages. This is known as the principle of
- A.
Res ipsa loquitur.
- B.
Damnum absque injuria.
- C.
Vicarious liability
- D.
Abuse of rights.
Correct Answer
D. Abuse of rights.Explanation
When someone exercises a right recognized by law, but does so knowing that it will cause harm or injustice to another person, the affected person is entitled to seek compensation for the damages caused. This principle is known as "abuse of rights." It refers to the misuse or improper exercise of one's legal rights, which can result in legal consequences and the obligation to compensate the injured party.Rate this question:
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- 12.
Which of the following is NOT a basis for rendering a disinheritance defective or imperfect?
- A.
Its cause comes from the guilt of a spouse in a legal separation case, the innocent-spouse having died.
- B.
The truth of its cause is denied and not sufficiently proved by evidence
- C.
Its cause is not authorized by the law.
- D.
Its cause is not specified.
Correct Answer
A. Its cause comes from the guilt of a spouse in a legal separation case, the innocent-spouse having died. -
- 13.
Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been previously convicted in Palawan of theft and served time for it. After Marianne learned of his previous conviction, she stopped living with him. Can Marianne seek the annulment of the marriage based on Manuel’s nondisclosure of his previous crime?
- A.
No, since the assumption is that marriage forgives all past wrongs
- B.
Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground for annulment
- C.
. No, in case of doubt, the law must be construed to preserve the institution of marriage
- D.
No, since Manuel already served the penalty for his crime
Correct Answer
B. Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground for annulmentExplanation
Yes, Marianne can seek the annulment of the marriage based on Manuel's nondisclosure of his previous crime because the non-disclosure of a crime can be considered as fraud, which is a valid ground for annulment.Rate this question:
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- 14.
Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later worked in Rome where he acquired Italian citizenship. He got a divorce from Helen in Rome but, on returning to the Philippines, he realized his mistake, asked forgiveness of his wife, and resumed living with her. They had 2 more children. What is the status of their 4 children?
- A.
The children born before the divorce are legitimate but those born after it are not since Arthur got the divorce when he had ceased to be a Filipino
- B.
The divorce rendered illegitimate the children born before it since the marriage that begot them had been nullified.
- C.
The children born before and after the divorce are all legitimate since Philippine law does not recognize divorce
- D.
All the children are legitimate since they were born of the same father and mother.
Correct Answer
A. The children born before the divorce are legitimate but those born after it are not since Arthur got the divorce when he had ceased to be a FilipinoExplanation
The correct answer states that the children born before the divorce are legitimate because they were born when Arthur was still a Filipino citizen. However, the children born after the divorce are not legitimate because Arthur had acquired Italian citizenship at that time, and Philippine law does not recognize divorce. Therefore, the change in Arthur's citizenship status affected the legitimacy of the children born after the divorce.Rate this question:
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- 15.
Who can make a donation?
- A.
All persons who can enter into contracts and dispose of their property
- B.
All persons who are of legal age and suffer from no civil interdiction.
- C.
All persons who can make a last will and testament.
- D.
All persons, whether natural or artificial, who own property
Correct Answer
A. All persons who can enter into contracts and dispose of their propertyExplanation
The correct answer states that all persons who can enter into contracts and dispose of their property can make a donation. This means that individuals who have the legal capacity to enter into contracts and have the ability to transfer ownership of their property are eligible to make a donation. This includes both natural persons (individuals) and artificial persons (such as corporations or organizations) who own property.Rate this question:
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Aug 23, 2023Quiz Edited by
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Jun 16, 2012Quiz Created by
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