DAY 2 (AM) Civil Law Flashcards
(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.
(C) 6 months after the publication of the declaration of absence.
(2) The authority that school administrators exercise over school children under their supervision, instruction, or custody is called
(A) legal parental authority.
(B) substitute parental authority.
(C) ordinary parental authority.
(D) special parental authority.
(D) special parental authority.
(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.
(C) No, since the seller owns no inheritance while his predecessor lives.
(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.
(A) The original debtor is freed of liability since novation took place and this relieved him of his obligation.
(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 but Alta 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.
(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.
(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.
(C) have legal or equitable title to the property.
(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.
(C) No, since the donation and its acceptance are not in a public instrument.
(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.
(A) She can file an action for annulment of marriage on ground of fraud.
(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.
(D) No, A’s share goes to his heirs since the donation did not provide for reversion to donor.
(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.
(A) Yes, they may be subrogated to Raffy’s right by reimbursing to him within the required time what he paid Raul.
(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.
(D) abuse of rights.
(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.
(A) Its cause comes from the guilt of a spouse in a legal separation case, the innocent-spouse having died.
The others are BASES that the disinheritance is defective.
(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.
(B) Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground for annulment.
(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.
(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.
(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.
(A) All persons who can enter into contracts and dispose of their property.
(16) The liability of the partners, including industrial partners for partnership contracts entered into in its name and for its account, when all partnership assets have been exhausted is
(A) Pro-rata.
(B) Joint.
(C) Solidary.
(D) Voluntary.
(A) Pro-rata.
(17) When can a missing person who left someone to administer his property be declared an absentee by the court? When he has been missing for
(A) 2 years from the receipt of the last news about him.
(B) 7 years from the receipt of the last news about him.
(C) 10 years from the receipt of the last news about him.
(D) 5 years from the receipt of the last news about him.
(D) 5 years from the receipt of the last news about him.
(18) Which of the following claims against the debtor enjoys preference over the others with respect to his specific immovable property and real rights?
(A) Unpaid price of real property sold, upon the immovable property.
(B) Mortgage credits recorded in the registry of property, upon the mortgaged real estate.
(C) Taxes due, upon the land or building.
(D) Expenses for the preservation and improvement of property, when the law authorizes reimbursement, upon the preserved or improved immovable.
(19) When bilateral contracts are vitiated with vices of consent, they are rendered
(A) rescissible.
(B) void.
(C) unenforceable.
(D) voidable.
(D) voidable.
(20) An agent, authorized by a special power of attorney to sell a land belonging to the principal, succeeded in selling the same to a buyer according to the instructions given to the agent. The agent executed the deed of absolute sale on behalf of his principal two days after the principal died, an event that neither the agent nor the buyer knew at the time of the sale. What is the standing of the sale?
(A) Voidable.
(B) Valid.
(C) Void.
(D) Unenforceable.
(B) Valid.
(21) Spouses A and B leased a piece of land belonging to B’s parents for 25 years. The spouses built their house on it worth P300,000.00. Subsequently, in a case that C filed against A and B, the court found the latter is liable to C for P200,000.00. When the sheriff was attaching their house for the satisfaction of the judgment, A and B claimed that it was exempt from execution, being a family home. Is this claim correct?
(A) Yes, because while B’s parents own the land, they agreed to have their daughter build her family home on it.
(B) No, because there is no judicial declaration that it is a family home.
(C) No, since the land does not belong to A and B, it cannot qualify as a family home.
(D) Yes, because the A and B’s family actually lives in that house.
(C) No, since the land does not belong to A and B, it cannot qualify as a family home.
(22) Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable in installments of P10 million per month with 6% interest per annum. Solomon married Lorna after 5 months and they chose conjugal partnership of gains to govern their property relations. When they married, Aragon had an unpaid balance of P50 million plus interest in Solomon’s favor. To whom will Aragon’s monthly payments go after the marriage?
(A) The principal shall go to the conjugal partnership but the interests to Solomon.
(B) Both principal and interests shall go to Solomon since they are his exclusive properties.
(C) Both principal and interests shall go to the conjugal partnership since these become due after the marriage.
(D) The principal shall go to Solomon but the interests to the conjugal partnership.
(D) The principal shall go to Solomon but the interests to the conjugal partnership.
(23) X and Y, although not suffering from any impediment, cohabited as husband and wife without the benefit of marriage. Following the birth of their child, the couple got married. A year after, however, the court annulled the marriage and issued a decree of annulment. What is the present status of the child?
(A) Legitimated.
(B) Illegitimate.
(C) Natural child.
(D) Legitimate.
(A) Legitimated.
(24) When A and B married, they chose conjugal partnership of gains to govern their property relations. After 3 years, B succeeded in getting her marriage to A annulled on ground of the latter’s psychological incapacity. What liquidation procedure will they follow in disposing of their assets?
(A) They will follow the rule governing the liquidation of a conjugal partnership of gains where the party who acted in bad faith forfeits his share in the net profits.
(B) Since the marriage has been declared void, the rule for liquidation of absolute community of property shall be followed.
(C) The liquidation of a co-ownership applies since the annulment brought their property relation under the chapter on property regimes without marriage.
(D) The law on liquidation of partnerships applies.
(C) The liquidation of a co-ownership applies since the annulment brought their property relation under the chapter on property regimes without marriage.
(25) X and Y agreed verbally before their marriage (a) on the paternity of the illegitimate child of Y and (b) on the economic regime that will govern X and Y’s property relations. Is the verbal agreement valid?
(A) No, because a marriage settlement to be valid should be in writing.
(B) Yes, since ante-nuptial agreements need not be in writing.
(C) No, because a marriage settlement cannot include an agreement on the paternity of an illegitimate child.
(D) Yes, since even if it is not a valid marriage settlement, it is a valid verbal contract.
(A) No, because a marriage settlement to be valid should be in writing.
(26) Spouses X and Y have a minor daughter, Z, who needs support for her education. Both X and Y, who are financially distressed, could not give the needed support to Z. As it happens, Z’s other relatives are financially capable of giving that support. From whom may Z first rightfully demand support? From her
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.
(A) grandfather.
(27) Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria confessed to Fidel that she was two-month pregnant with the child of a black African who had left the country for good. When the child was born, Fidel could not accept it being too black in complexion. What is the status of the child?
(A) Illegitimate, because Gloria confessed that the child is not Fidel’s.
(B) Illegitimate, because by the color of its skin, the child could not possibly be that of Fidel.
(C) Legitimate, because the child was born within a valid marriage.
(D) Legitimate, because Fidel agreed to treat the child as his own after Gloria told him who the father was.
(C) Legitimate, because the child was born within a valid marriage.
(28) The husband’s acts of forcibly ejecting his wife without just cause from the conjugal dwelling and refusing to take her back constitutes
(A) desertion.
(B) recrimination.
(C) constructive abandonment.
(D) de facto separation.
(C) constructive abandonment.
(29) In his will, the testator designated X as a legatee to receive P2 million for the purpose of buying an ambulance that the residents of his Barangay can use. What kind of institution is this?
(A) a fideicomissary institution.
(B) a modal institution.
(C) a conditional institution.
(D) a collective institution.
(B) a modal institution.
(30) X insured himself for P5 million, designating Y, his wife, as his sole beneficiary. The designation was irrevocable. A few years later, X had their marriage annulled in court on the ground that Y had an existing prior marriage. X subsequently died. Is Y entitled to the insurance benefits?
(A) Yes, since the insurance was not dependent on the marriage.
(B) Yes, since her designation as beneficiary was irrevocable.
(C) No, X’s designation of Y is revoked by operation of law upon the annulment of their marriage based on Y’s fault.
(D) Yes, since without judicial revocation, X’s designation of Y remains valid and binding.
(C) No, X’s designation of Y is revoked by operation of law upon the annulment of their marriage based on Y’s fault.
(31) May a spouse freely donate communal or conjugal property without the consent of the other?
(A) Absolutely not, since the spouses co-own such property.
(B) Yes, for properties that the family may spare, regardless of value.
(C) Yes, provided the donation is moderate and intended for charity or family rejoicing.
(D) Yes, in a donation mortis causa that the donor may still revoke in his lifetime.
(C) Yes, provided the donation is moderate and intended for charity or family rejoicing.
(32) The decedent died intestate leaving an estate of P10 million. He left the following heirs: a) Marlon, a legitimate child and b) Cecilia, the legal spouse. Divide the estate.
(A) Marlon gets 1/4 and Cecilia gets 3/4.
(B) Marlon gets 2/3 and Cecilia 1/3.
(C) Marlon gets 1/2 and Cecilia gets 1/2.
(D) Marlon gets 3/4 and Cecilia 1/4.
(C) Marlon gets 1/2 and Cecilia gets 1/2.
(33) Contracts take effect only between the parties or their assigns and heirs, except where the rights and obligations arising from the contract are not transmissible by their nature, by stipulation, or by provision of law. In the latter case, the assigns or the heirs are not bound by the contracts. This is known as the principle of
(A) Relativity of contracts.
(B) Freedom to stipulate.
(C) Mutuality of contracts.
(D) Obligatory force of contracts.
(A) Relativity of contracts.
(34) A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered 6,000 apples. What are the rights and obligations of the buyer?
(A) He can accept all 6,000 apples and pay the seller at P20 per apple.
(B) He can accept all 6,000 apples and pay a lesser price for the 1,000 excess apples.
(C) He can keep the 6,000 apples without paying for the 1,000 excess since the seller delivered them anyway.
(D) He can cancel the whole transaction since the seller violated the terms of their agreement.
(A) He can accept all 6,000 apples and pay the seller at P20 per apple.
(35) Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owns, without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots he owned Lino undertook to sell to Ramon. What is the standing of the contract?
(A) Unenforceable.
(B) Voidable.
(C) Rescissible.
(D) Void.
(D) Void.
(36) Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter about it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects. Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus damages?
(A) Yes. X is liable whether or not he was aware of the hidden defect.
(B) Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing the fact to Y.
(C) No, because Y is in estoppel, having changed engine without prior demand.
(D) No, because Y waived the warranty against hidden defects.
(B) Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing the fact to Y.
(37) Acme Cannery produced sardines in cans known as “Sards.” Mylene bought a can of Sards from a store, ate it, and suffered from poisoning caused by a noxious substance found in the sardines. Mylene filed a case for damages against Acme. Which of the following defenses will hold?
(A) The expiry date of the “Sards” was clearly printed on its can, still the store sold and Mylene bought it.
(B) Mylene must have detected the noxious substance in the sardines by smell, yet she still ate it.
(C) Acme had no transaction with Mylene; she bought the “Sards” from a store, not directly from Acme.
(D) Acme enjoys the presumption of safeness of its canning procedure and Mylene has not overcome such presumption.
(A) The expiry date of the “Sards” was clearly printed on its can, still the store sold and Mylene bought it.
(38) Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain of the legacy of P100 Million in her favor becoming a nullity. But a year after Fernando’s death, Marina was so overwhelmed with love that she married another man. Is she entitled to the legacy, the amount of which is well within the capacity of the disposable free portion of Fernando’s estate?
(A) Yes, since the prohibition against remarrying is absolute, it is deemed not written.
(B) Yes, because the prohibition is inhuman and oppressive and violates Marina’s rights as a free woman.
(C) No, because the nullity of the prohibition also nullifies the legacy.
(D) No, since such prohibition is authorized by law and is not repressive; she could remarry but must give up the money.
(D) No, since such prohibition is authorized by law and is not repressive; she could remarry but must give up the money.
(39) X, the owner, constituted a 10-year usufruct on his land as well as on the building standing on it in Y’s favor. After flood totally destroyed the building 5 years later, X told Y that an act of God terminated the usufruct and that he should vacate the land. Is X, the owner of the land, correct?
(A) No, since the building was destroyed through no fault of Y.
(B) No, since Y still has the right to use the land and the materials left on it.
(C) Yes, since Y cannot use the land without the building.
(D) Yes, since the destruction of the building without the X’s fault terminated the usufruct.
(B) No, since Y still has the right to use the land and the materials left on it.
(40) In gratitude, the groom’s parents made a donation of a property in writing to the bride’s parents shortly before their children’s wedding. The donation was accepted. What is the nature of the donation?
(A) It is an ordinary donation since it was not given to the bride or groom.
(B) It is donation propter nuptias since it was given with the marriage in mind.
(C) It is an indirect donation propter nuptias since the bride would eventually inherit the property from her parents.
(D) It is a remunatory donation.
(A) It is an ordinary donation since it was not given to the bride or groom.
