MCQ - Persons and Sucession

Question 0

Which of the following is not a ground for extinguishment of parental authority?

A. Upon the death of the child
B. upon the adoption of the child
C. Upon the appointment of a general guardian
D. Upon judicial declaration of incapacity by civil interdiction

Answer 0

D

Question 1

Which of the following marriages is void for reason of public policy?

A. Between brothers and sisters, whether full or half
B. Between step-parents and step children
C. Between parents-in-law and parents-in-law
D. Between step-brothers and step-sisters

Answer 1

B

Question 2

A marriage between collateral blood relatives by half blood is

A. Void for being incestuous
B. Void for reason of public policy
C. Void ab inition
D. Valid

Answer 2

D

Question 3

If a marriage was solemnized by an unauthorized person, and either or both contracting parties believed in good faith that the solemnizing officer had legal authority, the marriage is considered:

A. Void ab initio
B. Voidable
C. Valid
D. Unenforceable

Answer 3

C

Question 4

A conceived child is born for all purposes favorable to it, provided it be born later under the following conditions, EXCEPT:

A. If it had an intra-uterine life of at least 7 months
B. If it had an intra-uterine life of more than 7 months
C. If it is alive at the time it is completely delivered from the mother’s womb
D. If the purpose is favorable to the conceived child

Answer 4

A

Question 5

Which of the following is NOT the basis for a petition for judicial declaration of absence of a person who has not been heard of from?

A. 1 year has elapsed and his whereabouts is unknown
B. 2 years has elapsed since and his whereabouts is unknown
C. 5 years passed since although an agent was previously named
D. 4 years since vessel disappeared and not found

Answer 5

A

Question 6

Which of the following is NOT an effect of adoption?

A. Establish a legitimate relationship of parent and child
B. Adopter and adopted become mutual compulsory heirs of one another
C. Severs the biological relationship between natural parents and the adopted
D. May be reversed and set aside, if determined to be in the best interest of the parties

Answer 6

D

Question 7

What is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best answer.

A. No, transmission of right from the first heir to the second
B. No right of representation
C. The right shall be transmitted to the heirs of the second heir
D. None of the above

Answer 7

C

Question 8

In case a holographic will is lost, can it still be probated?

A. No, because the best and only evidence of handwriting is the will itself
B. No, the probate court has no jurisdiction
C. No, because the testator is still living
D. Yes, because secondary evidence may be presented

Answer 8

A

Question 9

May a wealthy pet-owner donate property to his pet cat?

A. Yes, he can because the car has juridical capacity
B. No, he cannot because the cat has no juridical personality
C. Yes, he can because the cat is a living creature
D. No, he cannot because the car has no capacity to act

Answer 9

B

Question 10

The following test is not available to determine whether witness’s signed in the presence of the testator and the other witnesses:

A. The test of sight
B. The test of position
C. The test of available senses
D. The test of knowledge

Answer 10

C

Question 11

Which of the following marriages is valid?

A. Between the adopter and the adopted child
B. Between the adopter and the surviving spouse of the adopted child
C. Between a stepson and stepdaughter
D. Between parent-in-law and a child-in-law

Answer 11

C

Question 12

Magdalene and Shantung Comp. entered into a contract of agency before the consul general of the Phils in Singapore. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Comp in the said country. By virtue of the said contract, Magdalene sold the 1 hec. of land of Shantung Comp. located in Singapore to Mayhem Real Estate Corp. w/o any special power of attorney. The said contract of sale was executed before the vice consul of the Phils. Under the laws of Singapore, the sale of a real property by an agent w/o special power of attorney is valid. Shantung Comp. filed a suit for the annulment of the contract of sale on the ground that Magdalane has no authority to sell the property. If you were the Judge, which of the following courses of action should you take?

Answer 12

C. Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instrument shall be governed by the law of the country in which they are executed.

Question 13

T, who had no compulsory heir, died leaving a will whereby he gave a devise of the commercial land and a building thereon to his brother, B, as the first heir, imposing upon the latter the obligation to preserve and to transmit the property upon his death, to S, the son of B.

B, the first heir and S, the second heir, were both living at the time of death of the testator. However, S, the second heir died ahead of B, the first heir. S was survived by W, his wife, as his only heir. Upon the death of B, is W entitled to the property?

Answer 13

A. Yes because S the second heir acquired the right to the property from the time of the testator’s death, and even if S died ahead of B, the right of S is transmitted to W as his only heir.

Question 14

Robert, the foreign national, who has just arrived in the Philippines on Feb. 12 to purposely marry Maria, executed a false joint affidavit with Maria that both have been living together as husband and wife for at least 5 years, w/o any impediment to marry each other. Hence, Robert and Maria were married before a judge on Feb. 14 without a marriage license. Is the marriage valid?

Answer 14

.

Question 15

Civil personality is extinguished by:

A. Civil death
B. Presumption of death
C. Death
D. Civil interdiction

Answer 15

C

Question 16

Donation of the same thing to two or more persons shall be governed by the rule on double sale?

A. No because they are of different contracts
B. No, because they are covered by different chapters of the NCC
C. Yes, because both acts transfer ownership
D. No, because in donation there is no change of value

Answer 16

C

Question 17

Formal aspect of marriage is governed by the

A. Nationality principle
B. Domiciliary principle
C. Lex loci celebrationis
D. Law agreed by the parties

Answer 17

C

Question 18

The principle which states that original personal law of the parties at the time of marriage continues to govern all property including subsequent acquired property, regardless of a later change in domicile or nationality is called:

A. Doctrine of nationality or Domiciliary
B. Theory of property incorporation
C. Doctrine of immutability
D. Theory of vested rights

Answer 18

C

Question 19

Disinheritance is the process or the act through testamentary disposition of depriving in a will any compulsory heir of his legitime for true and lawful causes. One of the requisites is:

A. A will
B. Testator is alive at the time of disinheritance
C. The disinherited heir must be clearly identified and the will is not revoked
D. The will is revoked

Answer 19

C

Question 20

Laws shall have no retroactive effect, however, retroactivity of law is allowed when:

A. It is an interpretative statute
B. It is an ex post facto law
C. It is civil in nature
D. It is impliedly allowed

Answer 20

A

Question 21

The Doctrine of Effective nationality in determining the citizenship of a person is based on:

A. The citizenship of his parents
B. Any one of his dual citizenship by the state which claim that he/she is its citizens
C. State of his domicile
D. His actual residence by a third state

Answer 21

D

Question 22

The law states that the absence and quasi-impossibility of sexual access during the first 120 days if the 300 days preceding the birth of a child, constitutes the only time-window for the husband to impugn the legitimacy of the child upon the ground of absence of sexual access. Based on this principle, which of the following statements is the basis of the rule?

A. During the first 120 days, the pregnancy was not yet obvious/visible
B. it is during the first 120 days, when conception would have take place
C. In a marriage, sexual access is always assumed
D. Marital fidelity is a paramount consideration

Answer 22

B

Question 23

A holographic will has no date except one found on the first page. Is the will valid?

A. Yes, because the law does not specify the place where the date should be placed.
B. No, because the date should be after the signature of the testator
C. No, because it did not follow the requirements of law
D. Yes, because the intention of the testator must be respected

Answer 23

A

Question 24

If a compulsory heir is disinherited, is it limited to his legitime?

A. No, it also covers the free portion
B. Yes, it is limited only to his legitime
C. Disinheritance affect only the free portion but not the legitime
D. None of the above

Answer 24

A

Question 25

A blind testator can make a valid will

A. No, unless he knows how to write in Braille language
B. No, because even if he knows how to use Braille language, any will written in such language is not recognized under the law
C. Yes, because he does not have to write a holographic will. Notarial wills can be executed by such blind testator.
D. Yes, as long as the language or dialect used in writing the will can be read to him twice as provided under Art. 808

Answer 25

D

Question 26

When does the fideicommissary heir acquire ownership rights over the properties subject to a fideicommissary substitution?

A. Upon the death of the fiduciary heir
B. Upon the death of the testator
C. Upon the acceptance of the fiduciary heir of his/her share in the inheritance
D. Upon the declaration of heirship of both the fiduciary and fideicommissary.

Answer 26

B

Question 27

A wealthy uncle gave 1M donation to the unborn baby of his brother’s expecting sister. The donation was made in writing and was accepted by the mother on behalf of the still-to-be-born child. On her 8th month of pregnancy, however, the mother prematurely gave birth to the baby who died 3 hrs. May the mother claim the donation?

A. No, bec the baby died
B. Yes, bec the baby was alive when delivered
C. No, she cannot bec the baby did no live for at least 24 hrs.
D. Yes, bec the donation was favorable to the baby

Answer 27

B

Question 28

Isabella is the daughter of Carlos, a widower. Over the objections of Carlos, Isabella adopted a 5-year old girl named Barbara who grew up into a fine woman. When Carlos fell ill and Barbara took care of him. They fell in love and got married. What is the status of their marriage?

A. Void, bec Barbara is the grand daughter by Carlos by adoption
B. Voidable bec Barbara and Carlos are related by affinity
C. Void, bec contrary to public policy
D. Valid, bec Barbara and Carlos are not all related to each other

Answer 28

D

Question 29

Ambassador Romulo is the Phil. Ambassador to Rome. He was on leave when the two Filipino friends, who were also visiting, requested him to solemnize their marriage after dinner. The parties presented their marriage license issued by the civil registrar in Manila a week earlier. Ambassador Romulo solemnized the marriage. The marriage was later declared null and void, why?

A. Bec Ambassador has not power to solemnize a marriage outside the country where he is posted
B. Bec marriage license was not valid in London
C. Bec Ambassador did not solemnize the marriage in the premises of the Phil embassy in London
D. Bec Ambassador has no power to solemnize marriage while on leave

Answer 29

D

Question 30

Even during their childhood, Ernesto knew that Ursula was weird. He also knew that she was confines for months in a mental institution when they were teenagers. But despite her public reputation as insane, Ernesto married Ursula. During their marriage, Ursula was confined permanently in a mental institution. On the 10th year of her confinement and believing she was hopeless, he was contemplating on filling an action to set aside the marriage on the ground of her insanity. What is the status of marriage?

A. Valid but only by Ernesto
B. It is valid but only by Ursula, or on her behalf
C. Voidable by both parties
D. Valid bec Ernesto knew all along that Ursula was insane

Answer 30

B

Question 31

A executed a will consisting of ten pages. At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition

A. The testator and the instrument witnesses must sign
B. The defect is fatal if there is failure to have the original signatures
C. If there were mere inadvertence of one of the true witnesses or even the testator, the must be admitted
D. The will should not be admitted

Answer 31

C

Question 32

Spouses M and N executed 2 separate wills containing the same provisions. After their death, their compulsory heirs files a petition for joint probate of their wills. One of the voluntary heirs objected because joint probate will is invalid. Is the objection tenable?

A. Yes, joint wills are not allowed in the NCC
B. Yes, bec will have different voluntary heirs
C. No, bec M and N are spruces
D. No, bec practicable considerations dictate that the joint probate of the wills

Answer 32

D

Question 33

T , a widower, who had a son, S, died leaving a will whereby he gave a devise of a 6-hectare parcel of land to his friends A and B. In the will, X was designated as the substitute heir of A. A predeceased T and was survived by his child M. X, the substitute heir, predeceased T and was survived by his child O. The 3-hec. vacant portion of the land that was given to A shall go to:

A. B by accretion
B. M in representation to A
C. O in representation of X, the substitute heir
D. S the son of T by intestacy

Answer 33

A

Question 34

T, who had 2 legitimate children, A and B, donated inter vivos 20,000 to A. Shortly, after the donation, T died intestate. The remaining net estate of T, after the donation, in the amount of 60,000 shall be distributed as follows:

A. 40,000 to A and 20,000 to B
B. 30,000 to A and 30,000 to B
C. 20,000 to A and 40,000 to B
D. 10,000 to A and 50,000 to B

Answer 34

A

Question 35

Jose and Maria had a son, Pedro. Jose, before his death, donated a parcel of land which constituted as his executive property to his son Pedro. Later, Pedro died without any issue and the land went to his mother by intestate succession. Maria died 10 years later. The land is now claimed by 1) Mario, the brother of Jose; 2) Juanita, the sister of Maria. Who is/are entitled to the land?

A. Mario, by virtue of reserva tronchal
B. Juanita, by intestate succession
C. Both Juanita and Mario in equal shares by virtue of reserva troncal
D. The State, bec neither Juanita nor Mario is entitled to inherit the land by intestate succession.

Answer 35

A

Question 36

A and U are the aunt and uncle of D, the decedent. A died ahead of D and A was survived by a child, S. If D dies intestate, may S inherit from D?

A. No, bec in the collateral line, other than brothers, sisters, nephews and nieces, the nearer, U, the uncle (3rd), excludes the further, S (4th) from D, the decedent.
B. Yes, by representation from his mother A
C. Yes, bec S, being within the 4th civil degree from D can inherit by intestate succession
D. Yes, unless he is otherwise incapacitated to inherit by law from D.

Answer 36

A

Question 37

Pedro, a resident of Cebu, wrote a letter to his friend, Juan, resident of Manila, donating Pedro’s second hand car worth 400,000. Upon receipt of Pedro’s letter, Juan, in Manila, called upon Pedro by long distance, thanking Pedro and accepting the donation. Was the donation of the car valid?

A. No, bec in a donation of movable property worth more than 5,000, the donation and acceptance must be in writing.
B. Yes, bec there was already a meeting of the minds bet the donor, Pedro and the donee, Juan.
C. Yes, bec the donation of the car worth 400,000 by Pedro was in writing
D. Yes, bec both Pedro, the donor, and Juan, the donee were still living when the acceptance of the donation was conveyed by Juan to Pedro.

Answer 37

A

Question 38

On March 3, 1995, wife delivered a child at which time the husband has been harboring the suspicion of her faithfulness. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27, 1996. The legitimation act of the child may be impugned by:

A. His parents
B. His illegitimate child
C. His brothers or sisters
D. His aunts or uncles

Answer 38

A

Question 39

A 27-year old bachelor got his 17-year old girlfriend pregnant. To avoid giving birth to a bastard child, the two got married. The father of the girlfriend was against the marriage. But since he was in the province and the mother consented thereto out of pity, hence the mother alone signed the consent form for the marriage license application where the age of the daughter was represented as 18. What is the status of marriage?

A. Void, bec the girl did not haw legal capacity
B. Void, bec the father did not give his consent to the marriage
C. Valid, bec the mother gave her consent
D. Voidable, bec only the mother gave the consent to the marriage

Answer 39

A

Question 40

Kris and James decided to get married. After their license was issued by the civil registrar, they went to the office of the mayor for the ceremony. Unfortunately, the mayor was out. They were married, instead by the pastor of a Protestant sect who happened to be at the office of the mayor even though Kris and James were both Catholics. What is the status of the marriage?

A. Valid, bec the pastor is one of those who were authorized to solemnize marriage
B. Valid, but only if Kris and James believed that the pastor had the authority to solemnize their marriage
C. Void, bec both Kris and James are Catholics
D. Valid, bec any defect which may have attended the ceremony was a mere irregularity that did not affect the validity of the marriage

Answer 40

B

Question 41

6
The following Filipino citizen is incapacitated to make a valid will in the Philippines if he/she is:

A. Under 18 years of age
B. Blind
C. Deaf or dumb
D. Not able to read or write

Answer 41

.

Question 42

9
A a resident of Cebu, donated in a public instrument a parcel if land located in Cebu City, to B, a resident of Manila. B in turn, accepted the donation in a public instrument. B died after mailing the acceptance but before the donation was received by A in Cebu City. The donation is:

A. Void
B. Valid
C. Voidable
D. Unenforceable

Answer 42

.

Question 43

10
Special parental authority means

A. An additional grant of authority/responsibility to the parents of special children
B. Limited, special parental authority given to schools, admins, and teacher etc, to the exclusion of parents and substitute parents exercising parental authority
C. Limited, specific parental authority given to schools, its admins, and teachers, etc, concurrent with the exercising substitute parental authority
D. Limited, specific parental authority given to schools, its admins, and teachers, concurrent with those exercising parental authority

Answer 43

.

Question 44

11
Which of the following adopter will be disqualified to adopt?

A. A US citizen to adopt the legitimate child of his Fil spouse
B. A US citizen with his Fil spouse, to jointly adopt a nephew of the latter
C. A US citizen (former Fil cit) seeking to adopt, with the consent of the spouse, children who have been previously raised as his own
D. An unmarried former Fil citizen who seeks to adopt a first cousin

Answer 44

.

Question 45

12
Which of the following obligations will NOT be chargeable to the conjugal partnership?

A. Taxes, liens, charges and expenses on conjugal property
B. Expenses of spouse to earn a professional or vocational degree
C. Support for illegitimate children
D. Loans incurred for playing slot machines and gaming tables

Answer 45

.

Question 46

13
Presumption of conjugal ownership arises:

A. Title to property is in the name of the spouse
B. Title, though not in the name if the spouses, was registered during the marriage
C. Conjugal funds were used to acquire the property
D. Property was acquired during the marriage even without proof that conjugal funds were used

Answer 46

.

Question 47

14
Which of the following is a ground for annulment of marriage

A. Concealment of possible sexually transmissible disease existing at the time of marriage
B. Concealment of sexually transmissible disease existing at the time of marriage
C. Concealment of past sexually transmissible disease existing prior to marriage
D. Concealment of serious sexually transmissible disease existing at the time of the marriage

Answer 47

.

Question 48

15
What is the prescriptive period to annul a marriage based on unsound mind?

A. Before the death of either party
B. Five years from the marriage
C. Five years from the time the person recovers his sanity
D. Lifetime of the party

Answer 48

.

Question 49

16
Who does not have legal standing to question the validity of a marriage?

A. Office of the Public Prosecutor
B. Child of the legal marriage
C. SolGen
D. The legal spouse

Answer 49

.

Question 50

17
Which of the following relationship is incestuous?

A. Legitimate relations of aunt and nephews
B. Legitimate half-brother and illegitimate sister
C. Illegitimate relations of aunt and nephew
D. Legitimate relations of uncle and third-degree cousin

Answer 50

.

Question 51

18
Which of the following, if missing, may nonetheless allow for a valid marriage?

A. Consent freely given in the presence of the solemnizing officer
B. Legal capacity of the contracting parties
C. Authority of the solemnizing officer
D. A valid marriage license except in the cases provided for in Chapter 2 of this Title

Answer 51

.

Question 52

22
Intestate heirs can validly partition the estate of a decedent different from what the law on intestacy provides.

A. True, the heirs are merely exercising their rights as co-owners
B. True, as long as such Rita have testamentary capacity
C. True, but only after all the heirs accept the inheritance
D. False, bec any partition in violation of the law is void

Answer 52

.

Question 53

23
A fiduciary has the same rights as a usufructuary

A. Yes, since both the usufructuary and the fideicommissary have rights to the use and fruits to the property
B. Yes, as long as the rights of the usufructuary to the use/fruits of the property are limited by the lifetime of the grantor
C. No, bec a usufructuary doesn’t own the property while the fiduciary heirs owns the property upon the death of the testator and all throughout his own lifetime.
D. No, because usufructuary rights can only be given by way of acts inter vivos while rights of the fiduciary and the fideicommissary are given by way of acts mortis causa

Answer 53

.

Question 54

24
When does an heir acquire the right to the hereditary properties under a negative potestative condition?

A. Upon the posing of a jobs or security, known as caucion muciana
B. From the moment of the death of the testator
C. Upon acceptance of the heir of the inheritance
D. Upon the fulfillment of the negative potestative condition

Answer 54

.

Question 55

25
Which statement is NOT true about the legitime of a surviving spouse?

A. Generally, the same share as that of one legitimate child
B. 1/2 of the estate but if the deceased spouse died three months after contracting marriage in articulo mortis with the surviving spouse, then legitime is reduced to 1/3 of the estate
C. If the deceased spouse died within three months after contracting marriage in articulo mortis with the surviving spouse and they have been living as husband and wife for more than 5 years prior the marriage, then the surviving spouse is entitled to 1/2 of the estate as legitime instead of the usual 1/3
D. 1/2 of the free portion if no other compulsory heirs concur with such spouse

Answer 55

.

Question 56

28
Donation is both an act and a contract

A. No, bec it is an act of man only
B. No, bec there is no exchange of value
C. Yes, bec it is a gratuitous contract
D. No, bec it is not part of Obligation and Contract of NCC

Answer 56

.

Question 57

30
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. solemnized by a commanding officer between two members of his battalion

Answer 57

.

Question 58

33
A joint will executed by both Filipino is

A. Valid provided there is no prohibition in the country where in it was executed
B. not valid if executed in the Philippines
C. Not valid even if executed in a foreign country even though authorized by the laws of the country where they may have been executed
D. Not valid if probated in the Phils

Answer 58

.

Question 59

46
Which of the following events makes a donation propter nuptias considered in law as automatically revoked?

A. Marriage does not take place although there was a pre-nuptial agreement
B. In legal separation, where the dinner gave cause
C. In annulment of marriage, where the donee gave cause
D. Marriage was judicially declared void ab initio

Answer 59

.

Question 60

54
The contract of lease between H and W, husband and wife, who were living separately from each other whereby W leased her separate and exclusive parcel of land to H is:

A. Void
B. Voidable
C. Unenforceable
D. Recessible

Answer 60

.

Question 61

72
Distribute the estate with the following surviving relatives: 3 first cousins, uncle, and a nephew.

A. The uncle gets half of the estate while the nephew gets the other half applying the rule of proximity
B. The uncle gets half of the estate while the nephews gets the other half applying the rule of equal division
C. The nephew gets the entire estate
D. The cousins will divide the estate among themselves

Answer 61

.

Question 62

74
H and W are married to each other but without a valid marriage license. H also married W2 but the latter is a minor.

A. H cannot be charged for bigamy because both marriages are void
B. H can be charged for bigamy although the first marriage is void
C. Since there was no final judgment declaring the first marriage void, said marriage is considered valid
D. The first marriage is void because of a defect in a formal requisite

Answer 62

.

Question 63

76
A decedent who was a national and domiciliary of Texas at the time of his death executed 2 wills, one to govern his Texas estate and the other his Phil estate, which provided that his properties be distributed in accordance with the Phil law and not his national law. Is the second will valid?

A. No, bec the decedent is a resident and a domicile of Texas
B. Yes, bec the Phil law provides that the estate of the decedent found in the Phil should be governed by lex loci rei si tae
C. No, bec the will must be first probated in the Phil before it will be given effect
D. No, bec the Phil law prohibits the testator to make two separate wills

Answer 63

.