exam

1. MOCK BAR EXAMINATION QUESTIONS IN
CIVIL LAW 1
1. 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 instrumental witnesses must sign.
b. The defect is fatal if there is failure to have the original signatures.
c. If there was mere inadvertence of one of the true witnesses or even the testator, the will
must be admitted.
d. The will should not be admitted.
2. A, a minor, executed a last will and testament. He died at the age of 21, after which his will
was submitted to probate. If you were the judge, would you approve it?
a. Yes, because the will is valid.
b. Yes, because the testator is capacitated.
c. No, because the will is void.
d. No, because the will is not in accordance with law.
3. The attestation clause of X’s will do not contain his signature. At its probate, it is being
opposed on that basis. Is the opposition correct? Choose the best answer.
a. Yes, because it is fatal defect.
b. Yes, the will is not valid.
c. No, attestation clause is not an act of the testator.
d. No, attestation clause is not a part of a will.
4. After A has executed a will, he tore it out of anger because B and C were disputing the fact
that a house and lot at San Lorenzo Village should have been given by A to C when the will
gives it to B. Discuss whether the will was revoked or not.
a. The mere act of A is immaterial
b. The tearing of the will may amount 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.
5. 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.
6. Suppose the reservista is survived by the uncles and aunts and by the nephews and nieces
of the propositus, who shall be entitled to the property reserved? Choose the best answer.
a. The uncles and aunts shall inherit the property
b. The nephews and nieces of the decedent survive and are willing and qualified.
c. The uncles and nephews shall inherit together.
d. The aunts and nieces shall inherit together.
7. X and Y are married. The marriage was contracted under articulo mortis, and the testator
died within 3 months from the time of marriage. What is X’s share of his spouse’s
inheritance? Choose the best answer.
a. The surviving spouse shall inherit the whole hereditary estate.
b. The surviving spouse shall inherit ½ of the estate.
c. The surviving spouse shall inherit 1/3 of the estate.
d. The surviving spouse shall inherit ¾ of the estate.
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2. 8. X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced
his inheritance from his father. Upon X’s death, will the right of accretion apply?
a. Yes, A may renounced his inheritance from his father.
b. Yes, the right of accretion applies.
c. No, because the renunciation is void.
d. No, because the renunciation is not in writing.
9. A repudiated his inheritance from his father. Can he be represented by his son, B?
a. Yes, repudiation do not affect right of representation.
b. No, because heirs who repudiate their share may not be represented.
c. Yes, because the act of repudiation is contrary to public policy.
d. None of the above.
10. 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.
11. Rights to succession are transmitted:
a. On date of last will and testament
b. On probate of will
c. On death of testator
d. On date of death of surviving heir
12. What law shall determine the validity of a will?
a. The national law of testator
b. The law at the time it is made
c. The law at the time of probate of the will
d. The law at the time of death of the testator
13. A holographic 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.
14. In case a holographic will is lost, can it still be probated?
a. No, because the best and only evidence of the 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.
15. Disposition captatoria means that the heir shall make provisions in his will:
a. In favor of another heir
b. In favor of testator or any other person
c. In favor of the state
d. In favor of a legatee
16. Preterition or omission of one, some, or all the compulsory heirs, or some of compulsory
heirs in the direct line whether living at the time of the execution of the will or born after the
death of the testator shall:
a. Make the will voidable
b. Make the will void
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3. c. Annul the institution of heirs
d. Make the will unenforceable
17. After the probate of a will, may a case for forgery be filed against an instituted heir?
a. No, because the probate of the will is an evidence of its due execution and authenticity.
b. No, because the probate of the will is a justifying circumstance.
c. Yes, because a forgery is a criminal action.
d. Yes, because this is a statutory right.
18. When an injury or damage is caused to another, there being fault or negligence and there is
no pre-existing contractual relation between the parties, the source of the obligation is:
a. Law
b. Contracts
c. Quasi-contracts
d. Quasi-delicts
19. The bailee has the right to be reimbursed in full for advances he made for extraordinary
expenses of preservation of the subject matter in commodatum.
a. he gave notice to the bailor before he incurred the expense.
b. if the extraordinary expense arose out of the actual use of the thing.
c. if the bailee was negligent in the use of the thing borrowed.
d. even if the cause of the expense was the fault of a third person.
20. What are the objectives of Probate proceedings?
a. Probate proceedings seek to establish the identity of the will, its genuineness and due
execution, and the testamentary capacity of the testator.
b. Probate seeks to determine whether the will is formally valid.
c. Probate seeks to determine whether the will is intrinsically valid.
d. Both b and c are correct.
e. Both a and b are correct.
21. The borrower in a contract of loan or mutuum must pay interest to the lender.
a. if there is an agreement in writing to that effect.
b. as a matter of course.
c. if the amount borrowed is very large.
d. if the lender so demands at the maturity date.
22. Disinheritance is the process or act through testamentary disposition of depriving in a will
any compulsory heir of his legitime for true and lawful causes. The requisites are:
a. Must be a valid will with legal, true and existing cause expressly stated.
b. Must be total and complete and said cause stated in the will.
c. The disinherited heir must be clearly identified and the will is not revoked.
d. All of the above.
23. What crimes committed by a convict will disqualify him as an instrumental witness to a will?
a. Falsification of public document.
b. Perjury and false testimony.
c. Slander by deed.
d. a and b
24. This party in a reserva troncal is the descendant (brother or sister) whose death gives rise to
the reserve and from whom therefore the third degree is counted is known as:
a. Origin
b. Propositus
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4. c. Reservista
d. Reservatorios
25. A has a son B and the latter adopted C. B predeceased his father. Can C represent B in
the inheritance of A?
a. Yes, he is a compulsory heir.
b. Yes, he is the legal representative.
c. No, there is no blood relationship between A and C.
d. No, he is a voluntary heir.
26. X during his lifetime sold and conveyed two (2) parcels of land to his heirs. After X’s death
and the probate of his will, are the conveyed properties subject to collation for determination
of the heirs’ legitime?
a. No, because X is no longer the owner of the conveyed properties.
b. No, because there was no gratuitous conveyance.
c. Yes, because the heirs are already the owners of the conveyed properties.
d. Yes, they are considered advanced legitime.
27. Can a criminal convicted of a crime which carries civil interdiction execute his will?
a. Yes, it is his statutory right.
b. No, it is an accessory penalty.
c. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
d. No, it is inconsistent with public policy.
28. Spouses M and N executed two (2) separate wills containing the same provisions. After
their death, their compulsory heirs filed a petition for joint probate of their wills. One of the
voluntary heirs objected because joint probate is invalid. Is the objection tenable?
a. Yes, joint wills are not allowed in the Civil Code.
b. Yes, because the wills have different voluntary heirs.
c. No, because M and N are spouses.
d. No, because practicable considerations dictate the joint probate of the wills.
29. X was disinherited by his father Y. In the probate of Y’s will, can the children of X represent
their disinherited father?
a. No, the disinheritance affects the heirs of the disinherited person.
b. Yes, representation is allowed in case of disinheritance.
c. Yes, substitution of the disinherited person is allowed.
d. No. Representation is not allowed by law.
30. State the share in the estate of the testator of illegitimate children who survive with the
surviving spouse.
a. 1/3
b. ¼
c. 1/8
d. ½
31. A complaint of forgery was filed against instituted heir after the allowance of probate of the
testator’s will. Will this action prosper?
a. No, the probate of the will is an evidence of the due execution of the will.
b. No, the probate is a justifying circumstance.
c. Yes, forgery is a criminal action.
d. Yes, this is a statutory right.
32. In reserve troncal the relatives within third degree coming from the same line inherit from:
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5. a. Descendant propositus
b. Reservista
c. Origin
d. Testator
33. The renunciation or repudiation of inheritance shall take effect:
a. Date of repudiation or renunciation
b. Date of will
c. Date of allowance of will
d. Date of death of testator
34. Disposition Captatoria is void because the heir makes a disposition in his will in favor of:
a. another heir
b. testator
c. the State
d. a legatee or devisee
35. May the alluvial deposits be lost by prescription in favor of another? Choose the best
answer.
a. No, because there is registration by fiction of law.
b. No, because it is covered by a Torrens title.
c. Yes, because it is not covered by a Torrens title.
d. Yes
36. The northeastern portion of the land of X is bounded by the Manila bay. If there is accretion
formed, who owns the accretion? Choose the best answer.
a. The riparian owner.
b. The accretion belongs to the state.
c. The owner of the contiguous land.
d. Belongs to the land adjoining it.
37. Which of the following is not a characteristic of a co-ownership?
a. There must be more than one subject or owner.
b. There is one physical whole divided into ideal shares.
c. Each share is definite in amount, but is not physically segregated from the first.
d. The co-ownership has juridical personality.
38. The following are modes of extinguishing usufruct except,
a. Expiration of the period for which it was constituted.
b. Merger of the usufruct and ownership in the same person.
c. Total loss of the thing.
d. Bad use of the thing in usufruct..
39. X,Y, and Z are co-owners of a real property which was mortgaged to A. X redeemed it
during the period of redemption with his personal funds. Did X become the sole owner of
the property, thereby terminating the co-ownership?
a. Yes, because his redemption vest in him sole ownership.
b. Yes, because the funds belong to him alone.
c. No, because the redemption inured to the benefit of all co-owners.
d. No, because Y and Z did not consent to the redemption.
40. The following are the classes of possession except.
a. Possession in one’s name or possession in the name of another.
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6. b. Possession in the concept of an owner or possession in the concept of a holder.
c. Possession in good faith or bad faith.
d. Possession with just title.
41. The following are the requisites of the easement of right of way, except.
a. The property is surrounded by other estate.
b. There must be no adequate outlet to a public highway.
c. There must be indemnity.
d. That if there is outlet, it is not convenient to the dominant estate.
42. The following are disqualified to donate to each other, except.
a. Those guilty of adultery or concubinage at the time of the donation.
b. Those found guilty of the same criminal offense in consideration thereof.
c. Those made to public officers or their spouses, descendants, or ascendants, by reason of
their office.
d. Those obliged to support one another.
43. The following are the remedies against private nuisance, except.
a. A civil action
b. A prosecution under the penal code or any local ordinance.
c. Abatement without judicial proceedings.
d. None of the above.
44. The nature of action in Quieting of Title is in personam.
a. No, it is always a real action since the subject is real property.
b. No, because the decision is enforceable against the whole world.
c. Yes, provided the subject is personal property.
d. Yes, because the decision is enforceable only against the defeated party.
e. None of the above.
45. Minerals are still owned by the state even if discovered from a private land.
a. Yes, provided the land is not titled.
b. Yes, because the constitution so provides.
c. No, if the land is titled to a private person.
d. No, it will violate property and property rights.
e. None of the above.
46. The owner and the tenant are in both possession of the land subject of the lease contract.
a. No, only the tenant, because he is in actual possession of the land.
b. No, only the owner, because the other is just a mere tenant.
c. Yes, but of different concept.
d. No, either of them.
e. Yes, as general rule.
47. Negative easement may be acquired by prescription through notarial prohibition.
a. No, because it is non-apparent.
b. Yes, because notarial prohibition makes apparent what is non-apparent.
c. Yes, because it is provided for by law.
d. Yes, only after 10 years from service of notarial prohibition.
e. None of the above.
48. In case of roots of a neighboring tree intruded to the state of another, the neighboring
owner has the right to cut it off.
a. Yes, only after his demand for the cutting is ignored.
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7. b. Yes, because he owns the roots that intruded at his property.
c. No, without permission from the owner of the tree.
d. Yes, only after 10 years of prescription.
e. No, as a general rule.
49. Which statement is correct?
1. Accession is the right of an owner of a property to everything which is produced thereby or
which is incorporated or attached thereto either naturally or artificially.
2. Natural, industrial and civil fruits belong to the owner.
a. Both statements are correct.
b. Statement 1 is correct; statement 2 is incorrect.
c. Statement 1 is correct; statement 2 is correct.
50. It is a process whereby the current of a river, creek, or torrent segregates from an estate on
its bank a known portion of land and transfers it to another estate. Such process is known
as:
a. Alluvion
b. Avulsion
c. Adjunction
d. Commixtion
51. Which provision of the Condominium Act (RA 4796) is correct?
1. A condominium corporation shall not, during its existence, sell, exchange, and lease or
otherwise dispose of the common areas owned by or held by in the condominium project
unless authorized by the affirmative vote of all the stockholders or members.
2. Whenever real property has been divided into condominiums, each condominium separately
owned shall be separately assessed, for purposes of real property taxation and other tax
purposes, to the owners thereof and tax on each such condominium shall constitute a lien
solely thereon.
a. Provision 1 is correct, 2 is incorrect.
b. Both provisions are incorrect.
c. Both provisions are correct.
d. Provision 1 is incorrect, 2 is correct.
52. May a real property be classified validly as personal property?
a. Yes provided it will not prejudice third person/s.
b. Yes by special provision of our laws.
c. Yes by agreement between the parties.
d. No. A real property is always a real property.
e. A, B & C are all correct.
53. Under our law Good Faith is presumed, why?
a. Because of express provision of our law/s.
b. Because it is the right thing to do.
c. No, you have to prove it by extrinsic evidence..
d. No, it is to be proven beyond reasonable doubt.
e. A and B are correct.
54. In like manner, Bad Faith is not presumed. Why?
a. Yes, because bad faith is personal.
b. Yes, because bad faith could be inherited.
c. Yes, because ignorance of the law excuses no one.
d. Yes, because it should be proven in court.
e. A and D are correct.
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8. 55. In land registration cases, the government is always represented by whom?
a. By the Office of the City Prosecutor.
b. By the Office of the Solicitor General.
c. By a private counsel hired for that matter.
d. By the Register of Deeds.
e. By the Bureau of Land.
56. Accession is not a mode of acquiring ownership?
a. Yes, because it was not one of the seven (7) modes of acquiring ownership.
b. No, it is considered as acquisition by law.
c. No, because it is neither alluvium or avulsion.
d. Yes, in accordance with our customs.
e. Yes, as a general rule only.
57. A Torrens Title is not a protection in alluvium?
a. No, because a land covered by Torrens Title is not subject to prescription.
b. No, for economic reason.
c. Yes, because the soil added cannot be identified.
d. No, because the property is titled.
e. Yes, if the river is navigable or floatable only.
58. A possessor in bad faith of a land is entitled for reimbursement as a matter of right?
a. Yes, but only to useful expenses.
b. No to all kind of expenses, because he is in bad faith.
c. Yes, but only to luxury expenses.
d. Yes, but only to necessary expenses.
e. Yes, by agreement with the parties.
59. Illegal condition/consideration will result to nullity of the contract of donation?
a. Yes, because the contract shall be contrary to law.
b. Yes, but if the condition/consideration had been fulfilled already.
c. No, if the condition/consideration had not been fulfilled yet.
d. No, because it will violate the constitutional rights of the parties.
e. B and C are correct
60. In land registration cases, the court may acquire jurisdiction only after:
a. Service of summons to the respondents/defendants.
b. After trial of the case.
c. Upon filing of the petition/complaint.
d. Upon publication.
e. Upon filing of the answer by the respondent/defendants.
61. In the contract of usufruct, the owner of the property is being called the naked owner.
Why?
a. Because the owner lost possession of the property.
b. Only if the subject is real property.
c. Because of the agreement of the parties.
d. Because he was divested of his two (2) major rights.
e. Because it is a good name.
62. In formation of an island, the owner of the nearest margin/distance is the owner of the new
island?
a. Because of the principle that accessory follows the principal.
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9. b. Because of the express provision of laws.
c. Only if the river is floatable or navigable.
d. Only if the river is non-floatable or non-navigable.
e. Only if there is a dries-up river bed.
63. In perpendicular co-ownership, each floor owners must bear expenses pertaining to his own
floor?
a. No, all the co-owners must share proportionately.
b. No, it is covered by Condominium Law.
c. Yes, because his ownership is identified.
d. Yes, as expressly provided for by law.
e. C and D are correct.
64. Easement is always a real right.
a. Yes, if the easement is for use of another real property.
b. No, if the easement is for use of person only.
c. Yes, because it is enforceable against the world.
d. No, because it is a property use limitation.
e. Yes, in the case of contractual easement only.
65. A nuisance is one of the most serious hindrance to the enjoyment of life and property.
a. Yes, because it injures or endanger our health and safety.
b. Yes, because it annoys or offends our senses.
c. Yes, because it shocks, defies or disregards decency or morality.
d. Yes, because it hinders or impairs the use of property.
e. All are correct.
66. Registration of the Register of Deeds is a mode of acquiring ownership.
a. Yes as provided for by P.D. 1529.
b. Yes as provided for by the New Civil Code.
c. No, it is only for the protection of ownership rights.
d. Yes, because if you failed to register it, you may lost it by prescription.
e. None of the above.
67. May a local ordinance extinguish a legal easement?
a. Yes, because it is a recent law.
b. Yes, if the local ordinance expressly provided the same.
c. No, because a local ordinance should not be repugnant to law.
d. No, because the local ordinance is not valid for being contrary to law.
e. C and D are both correct
68. A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as
a matter of right.
a. Yes, from the time he signed the Contract of Sale.
b. Yes, from the time he fully paid the purchase price.
c. Yes, from the time of the delivery of the condo unit.
d. Yes, provided it is stated at the Master Deeds.
e. All of the above.
69. The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into
his own hands.
a. Yes, under special circumstance only.
b. No, because everybody should be law abiding citizen.
c. No, because ignorance of the law excuses no one.
d. No, because the rule allows no exemption.
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10. e. All of the above.
70. The nature of action in Quieting of Title is in personam.
a. No, because the subject of the case is always a real property.
b. No, because the decision in the case is enforceable against the whole world.
c. Yes, provided the subject is a personal property.
d. Yes, because the decision is enforceable only against the litigating parties.
e. None of the above.
71. Under Intellectual Property Code, to be covered by the law, it is required that you register
your business in the Philippines.
a. Yes, because registration will give you such protection.
b. No, because the law is design to protect registered and non-registered owner.
c. No, because the law is design to protect world wide piracy of products.
d. Yes, because registration will give jurisdiction to our court.
e. B and C are correct.
72. Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself?
a. No, because there is no force upon person.
b. Yes, if there is force upon thing.
c. Yes, like in prescription.
d. Yes, because the owner lost only physical possession.
e. No, because there is no more owner to speak with.
73. Reproduction of books by Xerox or photocopying is a violation of the Copyright Law?
a. No, it is being tolerated anyway.
b. No, because there is no law that prohibits it.
c. No, because it is economical.
d. Yes, because it deprives the author of his royalties.
e. Yes, because the operator of the Xerox Machine does not pay his income tax.
74. Donation is both an act and a contract.
a. No, because it is an act of man only.
b. No, because there is no exchange of value.
c. Yes, because it is a gratuitous contract.
d. No, because it is not part of Obligation and Contract of New Civil Code.
e. None of the above.
75. 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 New Civil Code.
c. Yes, because both acts transfer ownership.
d. No, because in donation there is no exchange of value.
e. No, because in sale there is exchange of values.
76. All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).
a. Yes, because it is the intent and spirit of the law.
b. No, only those who had paid at least 2 years of installment and defaulted later.
c. No, they have to apply for it first at HLURB to be covered.
d. Yes, provided it will not violate their contract.
e. No, it is applicable only to buyer in installment of appliances.
77. Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was preparing
for the bar examinations, Miguel, a lawyer and cousin of Liza threatened Noel with the filing
of a complaint for immorality in the Supreme Court, thus, preventing him from taking the
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11. examinations unless he marries Liza. As a consequence of the threat, Noel married Liza.
Can the marriage be annulled on the ground of intimidation under Article 45 of the Family
Code?
a. Yes, because without the threat, Noel would not marry Liza.
b. Yes, because the threat, to enforce the claim of Liza, vitiates the consent of Noel in
contracting the marriage.
c. No, because the threat made by Miguel is just and legal.
d. No, because Miguel is not a party to the contract of marriage between Liza and Noel.
78. Magdalene and Shantung Company entered into a contract of agency before the consul
general of the Philippines in Singapore. They stipulated that Magdalene shall be the
administrator of the real properties of Shantung Company in the said country. By virtue of
the said contract, Magdalene sold the 1 hectare land of Shantung Company located in
Singapore to Mayhem Real Estate Corporation without any special power of attorney. The
said contract of sale was executed before the vice consul of the Philippines in Singapore.
Under the laws of Singapore, the sale of a real property by an agent without a special power
of attorney is valid. Shantung Company filed a suit for the annulment of the contract of sale
on the ground that Magdalene has no authority to sell the property. If you were the judge,
which of the following courses of action should you take?
a. Dismiss the action for annulment on the ground that the forms and solemnities of contracts,
wills and other public instruments shall be governed by the law of the country in which they
are executed.
b. Dismiss the action for annulment on the ground that the property subject of the case is
located in Singapore, thus, the law of Singapore shall govern.
c. Grant the action for annulment on the ground that the forms and solemnities of contracts,
wills and other public instruments shall be governed by the law of the country in which they
are executed.
d. Grant the action for annulment on the ground that Shantung Company did not authorized
Magdalene to sell the property.
79. Wendy, single, bought a parcel of land in Dagupan City from Amante for P600,000.00. A
contract was executed between them which already vested upon Wendy full ownership of
the property, although payable in monthly installments for a period of 4 years. One year
after the execution of the contract, Wendy got married to Lorenzo. 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 because the installments were paid from both the
personal funds of Wendy and the conjugal partnership funds.
d. The land is paraphernal because it was Wendy who purchased the same.
80. Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she
named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling.
Charina, on the other hand fell in love with David and they decided to live together as
husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin
died in an accident. Free at last, Charina and David decided to get married on February 14,
2000 executing an affidavit that they have been living together as husband and wife for
more than five (5) years. The marriage took place but the solemnizing officer failed to
execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2)
years later, Charina died living a considerable amount of properties. Noreen, assisted by
her grandparents, filed a petition questioning the validity of her marriage to David. If you
were the judge, how will you decide on the petition?
a. Dismiss the petition on the ground that Noreen has no personality to question the validity of
the marriage of her mother to David.
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12. b. Grant the petition on the ground that he ascertained the qualifications of the contracting
parties and found no legal impediment to the marriage.
c. Dismiss the petition on the ground that the marriage is valid because Charina and David
lived together as husband and wife for more than 5 years and their marriage took place after
the death of Marvin, the husband of Charina, thus, no need to secure a marriage license.
d. Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their
marital cohabitation is not valid.
81. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal
partnership. Hence, they executed a public document wherein they declare that they had no
debts, that they were voluntarily dissolving their conjugal partnership, and that each of them
would thereafter be free to acquire or dispose of any property independently of the other.
Thereafter, they lived apart. Ana engaged in business which unfortunately failed.
Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire
properties through his own efforts. The creditors of Ana obtained a judgment against the
latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana
obtain satisfaction of the judgment out of the properties of Reynaldo?
a. Yes, because the properties of Reynaldo are conjugal as they were obtained through his
efforts and industry.
b. Yes, because the parties are still legally married to each other when the creditors obtained a
favorable judgment against Ana.
c. No, because the properties of Reynaldo are his exclusive properties as they were obtained
through his own efforts and industries.
d. No, because there was an agreement between the parties to voluntarily dissolved their
conjugal partnership.
82. Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter
accepted in a private instrument. After 6 months of pregnancy, the fetus was born and
baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the
P200,000.00. Is Jessie entitled to recover the money he donated?
a. No, because the donation is valid as Laura already accepted the same
b. No, because when Casey died, Laura, as Casey’s heir, inherited the money donated by
Jessie.
c. Yes, because the donation never produced any legal effect as Casey, the supposed donee,
never acquired civil personality.
d. Yes, because the donation is void as the acceptance was not made in a public instrument,
thus producing no legal effect.
83. Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen last March 8,
1992 with a valid marriage license. It appears that Clark Kent was issued a certificate of
legal capacity to contract marriage after the celebration of the marriage. The U.S. embassy
claims that such marriage is void from the beginning. Is the contention of the U.S. embassy
tenable?
a. Yes, because the law provides that when either or both of the contracting parties are
citizens of a foreign country, it shall be necessary for them, before a marriage license can be
obtained, to submit a certificate of legal capacity to contract marriage, issued by their
respective diplomatic or consular officials.
b. Yes, because the marriage license was wrongfully obtained by the parties, thereby
invalidating the marriage.
c. No, because the U.S. embassy later on issued a certificate of legal capacity to contract
marriage, thus, during the defect in the issuance of the marriage license.
d. No, because the absence of the certificate of legal capacity to contract marriage is a mere
irregularity in the formal requisites of marriage, thus it will not affect the validity of the
marriage.
84. Glenda, a Filipino citizen and John Riel, 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
12

13. accordance with the laws of such consular official. What is the status of the marriage of
Glenda and John Riel?
a. Void, because the consular official has no authority to solemnize the marriage.
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.
85. The doctrine of “Self-Help” is an exemption that a person should not take the law intro his
own hands.
a. Yes, under special circumstances.
b. No, because everybody should be law abiding citizen.
c. No, because ignorance of the law excuses no one.
d. No, because the rule allows no exemption.
e. All of the above.
86. Excited over their impending marriage, the parties overlooked the expiration date of their
marriage license but just the same the marriage was solemnized two days after its
expiration date. The marriage is:
a. valid there being a marriage license validly obtained by the parties.
b. voidable there being a defect in the formal requisite.
c. valid there being only an irregularity in the marriage license.
d. void in the absence of a valid marriage license.
e. valid there being good faith on the part of the parties.
87. Filipinos are governed by their national law with respect to the following matters, except:
a. legal capacity
b. family rights and status
c. personal property
d. testamentary succession
e. intrinsic validity of wills
88. 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.
e. if only one of the spouses is earning.
89. For civil purposes, a fetus may be considered born if:
a. it had an intra-uterine life of 8 months but is dead upon delivery.
b. it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery.
c. it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete
delivery from the maternal womb.
d. it was aborted on request of or with permission from the father to save the life of the mother.
e. it had an intra-uterine life of 9 months but dies in the maternal womb.
90. 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. the child could not be his for biological or scientific reasons.
d. they were living apart.
e. he is physically incapable of sexual intercourse
13

14. 91. 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. between a woman and her husband’s killer/holdup per.
e. solemnized by a commanding officer between two members of his battalion.
92. In legal separation:
a. the aggrieved spouse may file the action within 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.
e. the decree will not be granted solely on the basis of admission.
93. Three years after marriage, wife learned that husband is afflicted with STD. Apparently, he
has been afflicted even before the marriage but concealed such fact. An action for
annulment may be filed by the wife.
a. within five years after marriage.
b. anytime during the lifetime of the husband.
c. within five years upon knowledge of the STD.
d. anytime during the lifetime of the wife.
e. anytime during the marriage.
94. On March 3, 1995, wife delivered a child at which time the husband has been harboring the
suspicion of her unfaithfulness. He has since been contemplating on impugning the
legitimacy of the child until he met an accident and died on March 27, 1996. The legitimacy
of the child may be impugned by:
a. his parents
b. his illegitimate child, if any
c. his brothers or sisters
d. his aunts or uncles
e. none of them
95. Specific guidelines have been laid down by the Supreme Court in the interpretation and
application of psychological incapacity as a ground for annulment.
a. the incapacity must be proven to be existing at the time of the celebration of the marriage.
b. the illness must be grave
c. the burden of proof must rest on the respondent.
d. the roots of the illness can be traced to the history of the subject
e. the incapacity appears to be incurable.
96. Excessive donation inter vivos may be revoked or reduced after the death of the donor.
a. Yes, in so far that it reduces the legitimate of the compulsory heirs.
b. No, because it took effect while the donor is still alive.
c. No, because it will impair the right of a person to enter into a contract.
d. No, because it is not practical.
e. All of the above.
97. A husband by chance discovered hidden treasures 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
14

15. 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
98. Action for rescission on the account of lesion will prescribe within ---
a. 10 years
b. 5 years
c. 7 years
d. answer not given
99. Which one is more burdensome, easement or usufruct?
a. Usufruct because the usufructuary has possession and fruits of the property
b. Easement because the servient estate is under obligation to let others use the property
c. None, because in both cases there is no transfer of title
d. Easement because easement is enforceable even if there is no contract
100. Are growing crops real property?
a. Yes, for the purpose of civil law
b. No, for the purpose of criminal law
c. No, for the purpose of commercial law
d. All of the above
e. None of the above
101. A, donated a parcel of land to the unborn child of H and W, is the donation valid?
a. No, because there is no donee yet
b. No, because there is no one yet to accept the donation
c. Yes, provided the child be born alive or to live for at least 24 hours under certain
conditions
d. No, because the donee has no name yet to whom the land is to be transferred
102. Mr. J constructed a basketball court at the middle of the street, may Mr. J be charged
criminally in court?
.
a. No. because the remedy is only destruction or removal
b. No, because the case is inlay civil in nature
c. Yes, provided that the basketball court be declared first as a public nuisance
d. Yes, provided that Mr. J did not pay any permit to the local government
103. Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. B. After
ten years branches of the mango tree encroached the air space of B. Mr. X is the owner
of the encroaching branches because…
a. of the principle “accessory follows the principal
b. the tree is planted in his (X) land
c. in accordance with the law of easement
d. All of the above
e. None of the above
104. Which among the properties of the states that could be the subject of prescription in favor
of a private person?
a. agricultural land
b. forest land
c. public road
d. seashore
105. Which among the churches listed below is owned by the Roman Catholic Church?
15

16. a. Quiapo Church constructed after 1898
b. San Agustin Church constructed before 1898
c. Manila Cathedral constructed before 1898
d. Vigan Church constructed before 1898
106. Which among the group of things listed below could not be considered as a property?
a. res nullius
b. res communes
c. res alicujus
d. None of the above
107. Patrimonial Property of the State refers to
a. those no longer intended for public use and public service
b. those no longer intended for public good and public welfare
c. those actually possessed, occupied or utilized by indigenous cultural minorities by
themselves or through their ancestors
108. The document issued by the government agency concerned stating that mineral resources
project under consideration will not bring about an unacceptable environmental impact and
that the proponent has satisfied the requirements of the environmental impact system is
called
a. Environmental Compliance Certificate (ECC)
b. Environmental Impact Statement (EIS)
c. Joint Venture Agreement (JVA)
d. Mineral Resource EDUC Certification
109. 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
e. None of the above
110. Which of the following is not included in the attributes of juridical capacity?
a. Juridical Personality is inherent in every natural person, and therefore it is not
acquired.
b. Juridical capacity is lost only through death
c. Juridical capacity can be limited or restricted
d. Juridical capacity cannot exist without capacity to act
e. None of the above
111. 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 drug addiction 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 previous sexual relations prior to
the marriage
e. All of the above
112. 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
16

17. 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 favour of one or both of the future spouses
e. None of the above
113. Which of the following circumstances does not terminate the absolute community of
property?
a. Upon the death of either spouse
b. Upon conviction of a crime involving moral turpitude by either spouse
c. When the marriage is annulled or declared void.
d. When there is a decree of legal separation
e. None of the above
114. The general rule is that both husband and wife must jointly adopt except in the following
cases:
a. When one spouse seeks to adopt his own illegitimate child
b. When one spouse seeks to adopt his own legitimate child
c. When one spouse seeks to adopt the legitimate child of the other
d. A and B
e. A and C
115. Which of the following is not a ground for extinguishment of parental authority?
a. Upon the death of the child
b. Upon adoption of the child
c. Upon appointment of a general guardian
d. All of the above
e. None of the above
116. Bruce was pronounced by his physician to be suffering from an incurable disease and that
he is going to die at anytime. Bruce was engaged to Margarita. In view of the pronouncement of
Bruce’s doctor, the two got married without a marriage license. Six (6) months thereafter, Bruce
died. The validity of their marriage was attacked on the ground that the marriage was not a
marriage in articulo mortis. What is the status of the marriage between Bruce and Margarita.
a. Voidable
b. Valid
c. Valid but subjects the party responsible to civil, criminal and administrative liability
d. Unenforceable
e. Void ab initio
117. Which of the following does not characterized legal separation?
a. The marriage is not defective
b. The grounds arise only after the marriage
c. The spouses are still married to each other and cannot, therefore remarry
d. There are ten (10) grounds for legal separation
e. None of the above
118. The Civil Code of the Philippines took effect on:
a. August 30, 1951
b. June 30, 1950
c. August 30, 1950
d. June 30, 1949
119. Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a
birthday gift. Danny readily accepted the gift with profuse gratitude. One month later, they
17

18. had a serious quarrel; hence, Charlie demanded the return of the watch from Danny. Danny
refused to return the watch.
What is the nature of this donation?
(a) Valid, because there was intention to donate and delivery by the donor Charlie.
(b) Valid, because there was acceptance and receipt of the donated personal property by the
donee Danny.
(c) Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and
acceptance were not in writing.
(d) Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and
acceptance were not in a public instrument.
120. In a residential subdivision in San Pedro, Laguna, Marimar constructed and maintained a
shoe factory which emits pollution and very loud noise 24 hours a day.
How do you classify this nuisance?
(a) Nuisance per se, because it is always a nuisance, regardless of its location and
surroundings.
(b) Nuisance per accidents, because it is only a nuisance based on its location and
circumstances.
(c) Nuisance per se, because it affects the entire subdivision
(d) Nuisance per accidents, because it affects and annoys the entire residential subdivision.
121. Amelia and Arsenio are married. Amelia went to the U.S. to work as a nurse in 2005. She
left her two (2) children, Benjie and Cherry, 4 years old and 2 years old, respectively, with
her parents, Danilo and Elenita. Later, because his parents-in-law, do not want to give his
children to him, Arsenio, through trickery, was able to get his children from their maternal
grandparents. Danilo and Elenita are claiming that they have a better right to have custody
over Benjie and Cherry since they are financially capable of supporting the needs of the
children.
Can the grandparents claim back the children?
(a) Yes, because the mother Amelia has transferred her parental authority over the children in
favor of the grandparents.
(b) Yes, because the grandparents are more financially capable of providing for the needs of the
children.
(c) No, because parental authority should be vested on the present parent, Arsenio.
(d) No, because the children should be given back to their mother considering that being both
less that 7 years of age, their mother must have custody over the children.
122. Occupation is:
a. A derivative mode of acquiring ownership
b. An original mode of acquiring ownership
c. Not a mode of acquiring ownership
d. None of the above
123. Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and
Benjamin to be witnesses during the day of the signing of her will, Clara fell down the stairs and
broke both her arms. Coming from the hospitals, Clara insisted on signing her will by thumb
mark and said that she can sign her full name later. While the will was being signed, Roberta,
experienced a stomach ache and kept going to the restroom for long period of time. Hannah
while waiting for her turn to sign the will, was reading the 7th
Harry Potter book on the couch,
beside the table on which everyone was signing Benjamin, aside from witnessing the will. Also
offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the
street in Greenbelt. May the will of Clara be admitted to probate? Give your reasons briefly.
18

19. a. Yes, because the testatrix signed the will in the presence of 4 credible witnesses
and the credible witnesses signed the will in the presence of the testatrix and of one
another.
b. Yes, because the testatrix signed the will in the presence of 3 credible witnesses and
the 3 credible witnesses signed the will in the presence of the testatrix and of one
another.
c. No, because there were only two credible witnesses who attested and signed the will
in the presence of the testatrix and of the one another.
d. No, because the testatrix was not
124. In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting
reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad
and Jennifer broke up. While Brad was mending his broken hearth, he met Angie and
fell in love. Because the Picasso painting reminded Angie of him, Brad in his will
bequeathed the painting to Angie. Brad died 1995. Saddened by Brad’s death, Jennifer
asked for the Picasso painting as a remembrance of him. Angie refused and claimed
that Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not?
a. Yes, because the painting was owned by Brad
b. Yes, because the painting was given as legacy to her by Brad.
c. No. because the real owner of the painting was Jennifer.
d. Yes, because the painting was given to Brad as a gift by Jennifer.
125. For purpose of this questions, assume all formalities and procedural requirements have
been complied with:
in 1970 Ramon and Dessa got married. Prior to their marriage, Ramon had a child,
Anna. In 1971 and 1972 Ramon and Dessa legally adopted Cherry and Michelle respectively. In
1973, Dessa died while giving birth to Larry. Anna had a child. Lia, Anna never married. Cherry,
on the other hand, legally adopted Shelly. Larry had twins, Hans and Gretel, with his girlfriend,
Fiona. In 2005, Anna, Larry, and Cherry dies. Who may inherit from Ramon and who may not?
Give your reason briefly.
a. Lia shall inherit from Ramon because the iron-barrier rule is not applicable his being
illegitimate daughter of Anna, the illegitimate daughter of Ramon.
b. Hans and Gretel shall not inherit from Ramon, the iron barrier rule applicable in this
case. Hans and Gretel are the legitimate son of Ramon.
c. Michelle shall inherit from Ramon being the legally adopted daughter of Ramon. She
enjoys the same rights and privilege just like a legitimate child, including
successional rights
d. Shelly shall not inherit being the legally adopted daughter of Cherry, the legally
adopted daughter of Ramon. The relationship created by fiction of law extends only
the adopter and adoptee and does not extend anymore to parents of the adopter.
e. All of the above
126. The following constitute fraud which is a ground for annulment of marriage
a. concealment of pregnancy of the wife by a man other than the husband
b. concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism
existing at the time of marriage
c. concealment of physical incapacity of consummating the marriage and such
incapacity continues and appears to be incurable
d. letters a and b
e. all of the above
127. A valid marriage licence secured prior to the marriage is a formal requisite to make the
marriage valid except;
a. marriage in articulo mortis
b. marriage between parties who have been cohabiting for at least 5 years without any
legal impediment to marry each other
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20. c. marriage before the consul, consul-general or vice consul between Filipino citizens
abroad
d. letters a and b
e. all of the above
128. The absolute community of properly terminates
a. upon the death of either spouse
b. when the mirage is annulled or declared void
c. upon separation of the spouses de facto
d. letters a and b
e. all of the above
20

21. ANSWER KEY IN CIVIL LAW 1
1. C 67. C
2. C 68. B
3. C. 69. A
4. C 70. D
5. C 71. E
6. B 72. D
7. C 73. D
8. B 74. C
9. B 75. C
10. A 76. A
11. C 77. C
12. B 78. C
13. A 79. B
14. A 80. D
15. B 81. A
16. C 82. C
17. A 83. D
18. D 84. A
19. A 85. A
20. B 86. C
21. A 87. C
22. D 88. C
23. D 89. B
24. B 90. A
25. C 91. E
26. B 92. C
27. C 93. C
28. D 94. A
29. B 95. A
30. A 96. B
31. A 97. C
32. A 98. D
33. D 99. A
34. B 100. C
35. A 101. C
36. B 102. C
37. D 103. D
38. D 104. A
39. C 105. A
40. C 106. B
41. D 107. B
42. D 108. B
43. B 109. D
44. B 110. D
45. B 111. D
46. D 112. B
47. C 113. E
48. B 114. E
49. A 115. E
50. B 116. B
51. A 117. D
52. E 118. C
53. E 119. C
54. D 120. B
55. B 121. C
56. B 122. C
57. C 123. C
58. D 124. C
59. E 125. E
60. D 126. D
61. D 127. E
62. D 128. E
63. E
64. C
65. E
66. C
21