DAY 2 (AM) Civil Law Flashcards
- Which of the following is NOT included in the attributes of juridical capacity?
a) Juridical capacity is inherent in every natural person, and therefore it is not acquired.
b) Juridical capacity is lost only through death.
c) Juridical capacity is the fitness to be the subject of legal relations.
d) Juridical capacity cannot exist without capacity to act.
d) Juridical capacity cannot exist without capacity to act.
- Which of the following is NOT a restriction on one’s capacity to act?
a) Minority
b) Marriage
c) Deaf-mute
d) Civil Interdiction
There is no correct answer among the choices given. All the choices are restrictions on one’s capacity to act. While marriage is the only one not mentioned in Article 38 and 39 of the New Civil Code of the Philippines as a restriction on capacity to act, it restricts the capacity of a married person in cases of adoption.
- This attribute or incident of a case determine whether it is a conflict-of-laws case or one covered by domestic law.
a) Cause of action
b) Foreign element
c) Jurisdiction
d) Forum non conveniens
b) Foreign element
- The capacity of an heir to succeed shall be governed by the:
a) national law of the decedent’s heirs.
b) law of the country where the decedent was a resident at the time of his death.
c) national law of the person who died.
d) law of the country where the properties of the decedent are located.
c) national law of the person who died.
- Atty. BUKO, a Filipino, executed a will while he was in Spain. The attestation clause of the said will does not contain Buko’s signature. It is valid under Spanish law. At its probate in Manila, it is being opposed on the ground that the attestation clause does not contain BUKO’s signature. Is the opposition correct?
a) Yes, because it is a fatal defect.
b) Yes, the will is not valid under Philippine law.
c) No, attestation clause is not an act of the testator.
d) No, the governing law is Spanish law.
c) No, attestation clause is not an act of the testator.
or
d) No, the governing law is Spanish law.
The facts do not state the Law observed by the Testator in executing his will. He could have observed Spanish Law or Philippine Law (see comment of Tolentino in Article 815, New Civil Code of the Philippines in 3 Tolentino 117, 1992). If he observed Spanish Law, the opposition is not correct because the will is valid under Spanish Law, hence, choice (d) is the correct answer. If he observed Philippine law, the opposition is still not correct because Philippine Law does not require the Testator to sign the Attestation Clause of his will, said clause not being his act. In such case, choice (c) is the correct answer.
- Ramon, a Filipino, executed a will in Manila, where he left his house and located in BP Homes Parañaque in favor of his Filipino son, Ramgen. Ramon’s other children, RJ and Ramona, both Turkish nationals, are disputing the bequest to Ramgen. They plotted to kill Ramgen. Ramon learned of the plot, so he tore his will in two pieces out of anger. Which statement is most accurate?
a) The mere act of Ramon Sr. is immaterial because the will is still readable.
b) The mere act of tearing the will amounts to revocation.
c) The tearing of the will may amount to revocation if coupled with intent of revoking it.
d) The act of tearing the will is material.
c) The tearing of the will may amount to revocation if coupled with intent of revoking it.
- Even if the applicable law is a foreign law, a court in the Philippines may be constrained to apply Philippine law under any of the following instances, except:
a) when the foreign law, judgment or contract is contrary to a sound and important public policy of the forum.
b) when the property subject of the case is located outside of the Philippines.
c) when the foreign law or judgment is penal in nature.
d) when the foreign law is procedural in nature.
b) when the property subject of the case is located outside of the Philippines.
and
c) when the foreign law or judgment is penal in nature.
- If a will is executed by a testator who was born a Filipino citizen but became naturalized Japanese citizen at the time of his death, what law will govern its testamentary provisions if the will is executed in China and the property being disposed is located in Indonesia?
a) Chinese law
b) Philippine law
c) Indonesia law
d) Japanese law
d) Japanese law
- A Japanese national and a Filipino national entered into a contract for services in Thailand. The services will be rendered in Singapore. In case of breach, what law will govern?
a) Thailand law
b) Philippine law
c) Singapore law
d) Japanese law
c) Singapore law
- Pedro (Filipino) and his wife Jane (American) executed a joint will in Canada, where such joint will is valid. In case the joint will is probated in Japan, what law will govern the formalities of the joint will?
a) American law
b) Philippine law
c) Canadian law
d) Japanese law
c) Canadian law
- A French national revokes his will in Japan where he is domiciled. He then changed his domicile to the Philippines where he died. The revocation of his will in Japan is valid under Japanese law but invalid under Philippine law. The affected heir is a Malaysian national residing in the Philippines. What law will apply?
a) Japanese law
b) Philippine law
c) French law
d) Malaysian law
a) Japanese law
- In the absence of contrary stipulation in a marriage settlement, property relations of Filipino spouses shall be governed by —
a) Philippine laws.
b) the law of the place where the spouses reside.
c) the law of the place where the properties are situated.
d) the law of the place where they were married.
a) Philippine laws.
- The will of a Filipino executed in a foreign country —
a) cannot be probated in the Philippines.
b) may be probated in the Philippines provided that properties in the estate are located in the Philippines.
c) cannot be probated before the death of the testator.
d) may be probated in the Philippines provided it was executed in accordance with the laws of the place where the will was executed.
d) may be probated in the Philippines provided it was executed in accordance with the laws of the place where the will was executed.
- Pedro (Filipino) and Bill (American) entered into a contract in Australia, whereby it was agreed that Pedro will build a commercial building for Bill in the Philippines, and in payment for the construction, Bill will transfer and convey his cattle ranch located in Japan in favor of Pedro. In case Pedro performs his obligation, but Bill fails or refuses to pay, what law will govern?
a) American law
b) Philippine law
c) Australian law
d) Japanese law
d) Japanese law
In 1989, Charice (Filipina) and Justine (American) were married in the Philippines. In 1990, they separated and Justine went to Las Vegas where he obtained a divorce in the same year. He then married another Filipina, Lea, in Canada on January 1, 1992. They had two (2) sons, James and John (who were both born in 1992). In 1993, after failing to hear from Justine, Charice married Bugoy (a Filipino), by whom she had a daughter, Regine. In 2009, Regine married James (son of Justine with Lea) in California, where such marriage is valid.
- What is the current status of the marriage of Charice and Justine under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Dissolved
d) Dissolved
While Article 26 of the Family Code does not categorically provide that the first marriage is dissolved by the divorce obtained by the foreign spouse abroad, but provides that such divorce merely gives the Filipino spouse the capacity to contract a second marriage, it is believed that the dissolution of the first marriage is the necessary consequence of the foreign divorce.
In 1989, Charice (Filipina) and Justine (American), were married in the Philippines. In 1990, they separated and Justine went to Las Vegas where he obtained a divorce in the same year. He then married another Filipina, Lea, in Canada on January 1, 1992. They had two (2) sons, James and John (who were both born in 1992). In 1993, after failing to hear from Justine, Charice married Bugoy (a Filipino), by whom she had a daughter, Regine. In 2009, Regine married James (son of Justine with Lea) in California, where such marriage is valid.
- What is the status of the marriage between Charice and Bugoy under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
a) Valid
In 1989, Charice (Filipina) and Justine (American), were married in the Philippines. In 1990, they separated and Justine went to Las Vegas where he obtained a divorce in the same year. He then married another Filipina, Lea, in Canada on January 1, 1992. They had two (2) sons, James and John (who were both born in 1992). In 1993, after failing to hear from Justine, Charice married Bugoy (a Filipino), by whom she had a daughter, Regine. In 2009, Regine married James (son of Justine with Lea) in California, where such marriage is valid.
- What is the status of the marriage between Justine and Lea under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
a) Valid
In 1989, Charice (Filipina) and Justine (American), were married in the Philippines. In 1990, they separated and Justine went to Las Vegas where he obtained a divorce in the same year. He then married another Filipina, Lea, in Canada on January 1, 1992. They had two (2) sons, James and John (who were both born in 1992). In 1993, after failing to hear from Justine, Charice married Bugoy (a Filipino), by whom she had a daughter, Regine. In 2009, Regine married James (son of Justine with Lea) in California, where such marriage is valid.
- What is the status of the marriage between Regine and James under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
a) Valid
- Ricky and Princess were sweethearts. Princess became pregnant. Knowing that Ricky is preparing for the examinations, Marforth, a lawyer and cousin of Princess, threatened Ricky with the filing of a complaint for immorality in the Supreme Court, thus preventing him from taking examinations unless he marries Princess. As a consequence of the threat, Ricky married Princess. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code?
a) Yes, because without the threat, Ricky would not have married Princess.
b) Yes, because the threat to enforce the claim of Princess vitiates the consent of Ricky in contracting the marriage.
c) No, because the threat made by Marforth is just and legal.
d) No, because Marforth is not a party to the contract of marriage between Princess and Ricky.
c) No, because the threat made by Marforth is just and legal.
- Audrey, single, bought a parcel of land in Malolos City from Franco for P 1 Million. A contract was executed between them which already vested upon Audrey full ownership of the property, although payable in monthly installments for a period of four (4) years. One (1) year after the execution of the contract, Audrey got married to Arnel. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. Thereafter, subsequent installments were paid from the conjugal partnership funds. Is the land conjugal or paraphernal?
a) The land is conjugal because the installments were paid from the conjugal partnership funds.
b) The land is paraphernal because ownership thereof was acquired before the marriage.
c) The land is both conjugal and paraphernal since funds of installments were paid from both the personal funds of Audrey and the conjugal partnership funds.
d) The land is paraphernal because it was Audrey who purchased the same.
b) The land is paraphernal because ownership thereof was acquired before the marriage.
- Ernesto donated a mobile phone worth Php 32,000.00 to Hubert orally and delivered the unit to Hubert who accepted. Which statement is most accurate?
a) The donation is void and Ernesto may get mobile phone back.
b) The donation is void but Ernesto cannot get the mobile phone back.
c) The donation is voidable and may be annulled.
d) The donation is valid.
a) The donation is void and Ernesto may get mobile phone back.
- Agay, a Filipino citizen, and Topacio, an Australian citizen, got married in the consular office of the Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular official is valid, provided that such marriage is celebrated in accordance with the laws of such consular official. Under Philippine law, what is the status of the marriage of Agay and Topacio?
a) Void, because the consular official only has authority to solemnize marriages between Filipinos.
b) Valid, because according to the laws of Australia, such consular official has authority to celebrate the marriage.
c) Voidable, because there is an irregularity in the authority of the consular official to solemnize marriages.
d) Valid, because such marriage is recognized as valid in the place where it was celebrated.
a) Void, because the consular official only has authority to solemnize marriages between Filipinos.
The issue in the problem is whether or not the fact that one of the parties to the marriage was an alien constituted absence of authority or mere irregularity of authority. The problem gives only the choice, letter (a), in case it is interpreted as absence of authority. The problem does not give a choice in case it is interpreted as an irregularity thereby making all the other answers wrong.
- Separation of property between spouses during the marriage may take place only:
a) by agreement of the spouses.
b) if one of the spouses has given ground for legal separation.
c) upon order of the court.
d) if one spouse has abandoned the other.
c) upon order of the court.
- The husband may impugn the legitimacy of his child but not on the ground that:
a) the wife is suspected of infidelity.
b) the husband had a serious illness that prevented him from engaging in sexual intercourse.
c) they were living apart.
d) he is physically incapable of sexual intercourse.
a) the wife is suspected of infidelity.
- A marriage is void if:
a) solemnized with a marriage license issued without complying with the required 10-day posting.
b) solemnized by a minister whom the parties believe to have the authority.
c) between parties both 23 years of age but without parental advice.
d) none of the above.
d) none of the above.
- In legal separation, which is not correct?
a) The aggrieved spouse may file the action within five (5) years from the time of the occurrence of the cause.
b) No trial shall be held without the 6-month cooling off period being observed.
c) The spouses will be entitled to live separately upon the start of the trial.
d) The prosecuting attorney has to conduct his own investigation.
d) The prosecuting attorney has to conduct his own investigation.
- A husband, by chance, discovered hidden treasure on the paraphernal property of his wife. Who owns the discovered treasure?
a) The half pertaining to the husband (finder) belongs to the conjugal partnership.
b) The half pertaining to the wife (as owner) belongs to the conjugal partnership.
c) One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property.
d) a and b
d) a and b
- Which of the following marriages is void for reasons of public policy?
a) Between brothers and sisters, whether of the full or half blood
b) Between step-parents and step children
c) Between parents-in-law and children-in-law
d) b and c
d) b and c
- The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage, except?
a) Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude
b) Concealment of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage
c) Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage
d) Concealment by the wife or the husband of the fact of sexual relations prior to the marriage
d) Concealment by the wife or the husband of the fact of sexual relations prior to the marriage
- Which of the following is not a requisite for a valid donation propter nuptias?
a) The donation must be made before the celebration of the marriage.
b) The donation shall be automatically revoked in case of non-celebration of the marriage.
c) The donation must be made in consideration of the marriage.
d) The donation must be made in favor of one or both of the future spouses.
b) The donation shall be automatically revoked in case of non-celebration of the marriage.
- Who are illegitimate children?
a) Children conceived or born outside a valid marriage
b) Children born under a valid marriage, which was later declared void because of the psychological incapacity of either or both of the spouses
c) Children conceived and born outside a valid marriage
d) Children born under a valid marriage, but the parents later obtained a legal separation
c) Children conceived and born outside a valid marriage
- An illegitimate child may use the surname of his father when his filiation is established in any of the following instances, except:
a) filiation has been recognized by the father through the record of birth appearing in the civil register.
b) admission of filiation by the father in a public document.
c) private handwritten instrument is made by the father acknowledging his filiation.
d) affidavit by the mother stating the name of his true father.
d) affidavit by the mother stating the name of his true father.
- Under RA 8043, an adopter is required to be at least ____ years old and ____ years older than the child to be adopted at the time of the application unless the adopter is the parent by nature of the child.
a) 30 and 15
b) 27 and 16
c) 50 and 10
d) 18 and 15
b) 27 and 16
- Under RA 8043, a child qualified to be adopted is any person below _____ years old.
a) 18
b) 21
c) 15
d) 16
c) 15
- Which of the following DOES NOT result in permanent termination of parental authority?
a) Death of the parents
b) Death of the child
c) Emancipation of the child
d) Conviction of the parents of a crime which carries with it the penalty of civil interdiction
d) Conviction of the parents of a crime which carries with it the penalty of civil interdiction
- The court, in an action filed for the purpose, may suspend parental authority if the parent or the person exercising parental authority commits any of the following acts, except:
a) treats the child with excessive harshness or cruelty.
b) gives the child corrupting orders, counsel or example.
c) compels the child to take up a course in college against his/her will.
d) subjects the child or allows him to be subjected to acts of lasciviousness.
c) compels the child to take up a course in college against his/her will.
- Which of the following statements is wrong?
a) The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received.
b) The possessor in bad faith has right of reimbursement for necessary expenses and those for the production, gathering, and preservation of the fruits.
c) The possessor in bad faith is not entitled to a refund of ornamental expenses.
d) The possessor in bad faith is entitled to a refund of useful expenses.
d) The possessor in bad faith is entitled to a refund of useful expenses.
- Which phrase most accurately completes the statement – The expenses incurred in improvements for the luxury or mere pleasure shall not be refunded to the possessor in bad faith:
a) but he may remove the objects for which such expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them.
b) and he may not remove the objects for which such expenses have been incurred.
c) and he may not remove the objects for which such expenses have been incurred, unless he pays the value they may have at the time he entered into possession.
d) but he may remove the objects for which such expenses have been incurred.
a) but he may remove the objects for which such expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them.
- The following are the limitations on the right of ownership imposed by the owner himself, except:
a) will/succession.
b) mortgage.
c) pledge.
d) lease.
a) will/succession.
- A plenary action for the recovery of the possession of real estate, upon mere allegation and proof of a better right thereto, and without allegation of proof of title. This action can only be brought after the expiration of one (1) year. What action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
a) Accion publiciana
