sample examination

FINAL EXAMINATION IN CIVIL LAW REVIEW

1. Can future inheritance be the subject of a contract of sale?
A. No, since it will put the predecessor at the risk of harm from a tempted buyer,
contrary to public policy.
B. Yes, since the death of the decedent is certain to occur.
C. No, since the seller owns no inheritance while his predecessor lives.
D. Yes, but on the condition that the amount of the inheritance can only be
ascertained after the obligations of the estate have been paid.

2. The presence of a vice of consent vitiates the consent of a party in a contract and this renders the contract
A. Rescissible.
B. Unenforceable.
C. Voidable.
D. Void.

3. An action for reconveyance of a registered piece of land may be brought against the owner appearing on the title based on a claim that the latter merely holds such title in trust for the plaintiff. The action prescribes, however, within 10years from the registration of the deed or the date of the issuance of the certificate of title of the property as long as the trust had not been repudiated. What is the exception to this 10-year prescriptive period?
A. When the plaintiff had no notice of the deed or the issuance of the certificate of title.
B. When the title holder concealed the matter from the plaintiff.
C. When fortuitous circumstances prevented the plaintiff from filing the case sooner.
D. When the plaintiff is in possession of the property.

4. Pepito executed a will that he and 3 attesting witnesses signed following the formalities of law, except that the Notary Public failed to come. Two days later, the Notary Public notarized the will in his law office where all signatories to the will acknowledged that the testator signed the will in the presence of the
witnesses and that the latter themselves signed the will in the presence of the testator and of one another. Was the will validly notarized?
A. No, since it was not notarized on the occasion when the signatories affixed their signatures on the will.
B. Yes, since the Notary Public has to be present only when the signatories acknowledged the acts required of them in relation to the will.
C. Yes, but the defect in the mere notarization of the will is not fatal to its execution.
D. No, since the notary public did not require the signatories to sign their
respective attestations again.

5. What is the prescriptive period for filing an action for revocation of a donation based on acts of ingratitude of the donee?
A. 5 years from the perfection of the donation.
B. 1 year from the perfection of the donation.
C. 4 years from the perfection of the donation.
D. Such action does not prescribe.

6. Because of X’s gross negligence, Y suffered injuries that resulted in the abortion of the foetus she carried. Y sued X for, among other damages, P1 million for the death of a family member. Is Y entitled to indemnity for the death of the foetus she carried?
A. Yes, since the foetus is already regarded as a child from conception, though unborn.
B. No, since X’s would not have known that the accident would result in Y’s abortion.
C. No, since birth determines personality, the accident did not result in the death of a person.
D. Yes, since the mother believed in her heart that she lost a child.

7. Upon the proposal of a third person, a new debtor substituted the original debtor without the latter’s consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation. What is the effect of the new debtor’s default upon the original debtor?
A. The original debtor is freed of liability since novation took place and this relieved him of his obligation.
B. The original debtor shall pay or perform the obligation with recourse to the new debtor.
C. The original debtor remains liable since he gave no consent to the substitution.
D. The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on his part.


8. Which of the following is an indispensable requirement in an action for “quieting of title” involving real property? The plaintiff must
A. be in actual possession of the property.
B. be the registered owner of the property.
C. have legal or equitable title to the property.
D. be the beneficial owner of the property.

9. X and Y were to marry in 3 months. Meantime, to express his affection, X donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote back, accepting the donation and took possession of the property. Before the wedding, however, Y suddenly died of heart attack. Can Y’s heirs get the property?
A. No, since the marriage did not take place.
B. Yes, since all the requisites of a donation of an immovable are present.
C. No, since the donation and its acceptance are not in a public instrument.
D. Yes, since X freely donated the property to Y who became its owner.


10. Lucio executed a simple deed of donation of P50 million on time deposit with a bank in favor of A, B, C, D, and E, without indicating the share of each donee. All the donees accepted the donation in writing. A, one of the donees, died. Will B, C, D, and E get A’s share in the money?
A. Yes, accretion will automatically apply to the joint-donees in equal shares.
B. Yes, since the donor’s intention is to give the whole of P50 million to the jointdonees
in equal shares.
C. No, A”s share will revert to the donor because accretion applies only if the
joint-donees are spouses.
D. No, A’s share goes to his heirs since the donation did not provide for reversion
to donor.


11. Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before the land could be partitioned, however, Raul sold his hereditary right to Raffy, a stranger to the family, for P5 million. Do Ester and Rufus have a remedy for keeping the land within their family?
A. Yes, they may be subrogated to Raffy’s right by reimbursing to him within the
required time what he paid Raul.
B. Yes, they may be subrogated to Raffy’s right provided they buy him out before
he registers the sale.
C. No, they can be subrogated to Raffy’s right only with his conformity.
D. No, since there was no impediment to Raul selling his inheritance to a
stranger.


12. When one exercises a right recognized by law, knowing that he thereby causes an injustice to another, the latter is entitled to recover damages. This is known as the principle of
A. res ipsa loquitur.
B. damnum absque injuria.
C. vicarious liability.
D. abuse of rights.


13. Which of the following is NOT a basis for rendering a disinheritance defective or imperfect?
A. Its cause comes from the guilt of a spouse in a legal separation case, the
innocent-spouse having died.
B. The truth of its cause is denied and not sufficiently proved by evidence.
C. Its cause is not authorized by the law.
D. Its cause is not specified.

14. Who can make a donation?
A. All persons who can enter into contracts and dispose of their property.
B. All persons who are of legal age and suffer from no civil interdiction.
C. All persons who can make a last will and testament.
D. All persons, whether natural or artificial, who own property

15. The liability of the partners, including industrial partners for partnership contracts entered into in its name and for its account, when all partnership assetshave been exhausted is
A. Pro-rata.
B. Joint.
C. Solidary.
D. Voluntary.

16. Which of the following claims against the debtor enjoys preference over the others with respect to his specific immovable property and real rights?
A. Unpaid price of real property sold, upon the immovable property.
B. Mortgage credits recorded in the registry of property, upon the mortgaged real
estate.
C. Taxes due, upon the land or building.
D. Expenses for the preservation and improvement of property, when the law
authorizes reimbursement, upon the preserved or improved immovable.

17. When bilateral contracts are vitiated with vices of consent, they are rendered
A. rescissible.
B. void.
C. unenforceable.
D. voidable.

18. An agent, authorized by a special power of attorney to sell a land belonging to the principal succeeded in selling the same to a buyer according to the instructions given the agent. The agent executed the deed of absolute sale on behalf of his principal two days after the principal died, an event that neither the agent nor the buyer knew at the time of the sale. What is the standing of the
sale?
A. Voidable.
B. Valid.
C. Void.
D. Unenforceable.

19. Spouses A and B leased a piece of land belonging to B's parents for 25 years. The spouses built their house on it worth P300,000.00. Subsequently, in a case that C filed against A and B, the court found the latter liable to C for P200,000.00. When the sheriff was attaching their house for the satisfaction of the judgment, A and B claimed that it was exempt from execution, being a family
home. Is this claim correct?
A. Yes, because while B’s parents own the land, they agreed to have their daughter build her family home on it.
B. No, because there is no judicial declaration that it is a family home.
C. No, since the land does not belong to A and B, it cannot qualify as a family home.
D. Yes, because the A and B’s family actually lives in that house.

20. Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria confessed to Fidel that she was two-month pregnant with the child of a black African who had left the country for good. When the child was born, Fidelcould not accept it being too black in complexion. What is the status of the child?
A. Illegitimate, because Gloria confessed that the child is not Fidel’s.
B. Illegitimate, because by the color of its skin, the child could not possibly be
that of Fidel.
C. Legitimate, because the child was born within a valid marriage.
D. Legitimate, because Fidel agreed to treat the child as his own after Gloria told
him who the father was.

21. The husband’s acts of forcibly ejecting his wife without just cause from the conjugal dwelling and refusing to take her back constitutes
A. desertion.
B. recrimination.
C. constructive abandonment.
D. de facto separation.

22. In his will, the testator designated X as a legatee to receive P2 million for the purpose of buying an ambulance that the residents of his Barangay can use. What kind of institution is this?
A. a fideicomissary institution.
B. a modal institution.
C. a conditional institution.
D. a collective institution.

23. X insured himself for P5 million, designating Y, his wife, as his sole beneficiary. The designation was irrevocable. A few years later, X had their marriage annulled in court on the ground that Y had an existing prior marriage. X subsequently died, Is Y entitled to the insurance benefits?
A. Yes, since the insurance was not dependent on the marriage.
B. Yes, since her designation as beneficiary was irrevocable.
C. No, X’s designation of Y is revoked by operation of law upon the annulment of
their marriage based on Y’s fault.
D. Yes, since without judicial revocation, X’s designation of Y remains valid and
binding.

24. May a spouse freely donate communal or conjugal property without the
consent of the other?
A. Absolutely not, since the spouses co-own such property.
B. Yes, for properties that the family may spare, regardless of value.
C. Yes, provided the donation is moderate and intended for charity or family rejoicing.
D. Yes, in a donation mortis causa that the donor may still revoke in his lifetime.

25. The decedent died intestate leaving an estate of P10 million. He left the
following heirs: a) Marlon, a legitimate child and b) Cecilia, the legal spouse.
Divide the estate.
A. Marlon gets 1/4 and Cecilia gets 3/4.
B. Marlon gets 2/3 and Cecilia 1/3.
C. Marlon gets 1/2 and Cecilia gets 1/2.
D. Marlon gets 3/4 and Cecilia 1/4.

26. Contracts take effect only between the parties or their assigns and heirs, except where the rights and obligations arising from the contract are not transmissible by their nature, by stipulation, or by provision of law. In the latter case, the assigns or the heirs are not bound by the contracts. This is known as the principle of
A. Relativity of contracts.
B. Freedom to stipulate.
C. Mutuality of contracts.
D. Obligatory force of contracts.

27. A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered 6,000 apples. What are the rights and obligations of the buyer?
A. He can accept all 6,000 apples and pay the seller at P20 per apple.
B. He can accept all 6,000 apples and pay a lesser price for the 1,000 excess apples.
C. He can keep the 6,000 apples without paying for the 1,000 excess since the seller delivered them anyway.
D. He can cancel the whole transaction since the seller violated the terms of their agreement.

28. Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owns, without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots he owned Lino undertook to sell to Ramon. What is the standing of the contract?
A. Unenforceable.
B. Voidable.
C. Rescissible.
D. Void.

29. Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter about it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects. Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus damages?
A. Yes. X is liable whether or not he was aware of the hidden defect.
B. Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing the fact to Y.
C. No, because Y is in estoppel, having changed engine without prior demand.
D. No, because Y waived the warranty against hidden defects.

30. Acme Cannery produced sardines in cans known as “Sards.” Mylene bought a can of Sards from a store, ate it, and suffered from poisoning caused by a noxious substance found in the sardines. Mylene filed a case for damages against Acme. Which of the following defenses will hold?
A. The expiry date of the “Sards” was clearly printed on its can, still the store sold and Mylene bought it.
B. Mylene must have detected the noxious substance in the sardines by smell, yet she still ate it.
C. Acme had no transaction with Mylene; she bought the “Sards” from a store, not directly from Acme.
D. Acme enjoys the presumption of safeness of its canning procedure and Mylene has not overcome such presumption.

31. Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain of the legacy of P100 Million in her favor becoming a nullity. But a year after Fernando’s death, Marina was so overwhelmed with love thatshe married another man. Is she entitled to the legacy, the amount of which iswell within the capacity of the disposable free portion of Fernando’s estate?
A. Yes, since the prohibition against remarrying is absolute, it is deemed not written.
B. Yes, because the prohibition is inhuman and oppressive and violates Marina’s rights as a free woman.
C. No, because the nullity of the prohibition also nullifies the legacy.
D. No, since such prohibition is authorized by law and is not repressive; she could remarry but must give up the money.

392 X, the owner, constituted a 10-year usufruct on his land as well as on the building standing on it in Y’s favor. After flood totally destroyed the building 5 years later, X told Y that an act of God terminated the usufruct and that he should vacate the land. Is X, the owner of the land, correct?
A. No, since the building was destroyed through no fault of Y.
B. No, since Y still has the right to use the land and the materials left on it.
C. Yes, since Y cannot use the land without the building.
D. Yes, since the destruction of the building without the X’s fault terminated the usufruct.

33. In gratitude, the groom’s parents made a donation of a property in writing to the bride’s parents shortly before their children’s wedding. The donation was accepted. What is the nature of the donation?
A. It is an ordinary donation since it was not given to the bride or groom.
B. It is donation propter nuptias since it was given with the marriage in mind.
C. It is an indirect donation propter nuptias since the bride would eventually inherit the property from her parents.
D. It is a remunatory donation.

34. X and Y, both Filipinos, were married and resided in Spain although they intend to return to the Philippines at some future time. They have not executed any marriage settlements. What law governs their property relations?
A. They may choose between Spanish law and Philippine law.
B. Philippine law since they are both Filipinos.
C. No regime of property relations will apply to them.
D. Spanish law since they live in Spain.

35. Birth determines personality. Death extinguishes it. Under what circumstances may the personality of a deceased person continue to exist?
A. In case of re-appearance of a missing person presumed dead.
B. In protecting the works of a deceased under intellectual property laws.
C. In case of declaration of presumptive death of a missing spouse.
D. In the settlement of the estate of a deceased person.

36. Six tenants sued X, the landowner, for willfully denying them water for their farms, which water happened to flow from land under X’s control, his intention being to force them to leave his properties. Is X liable for his act and why?
A. No, because the tenants must be content with waiting for rainfall for their farms.
B. No, since X owns both the land and the water.
C. Yes, because the tenants’ farms have the natural right of access to water wherever it is located.
D. Yes, since X willfully caused injury to his tenants contrary to morals, good customs or public policy.

37. Illegitimate brothers and sisters, whether of full or half-blood, are bound to support each other, EXCEPT when
A. the brother or sister who needs support lives in another place.
B. such brothers and sisters are not recognized by their father.
C. the brother or sister in need stops schooling without valid reason.
D. the need for support of a brother or sister, already of age, is due to the latter's fault.

38. Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year old child, surreptitiously entered the garden and merrily romped around the ledges of the pool. He accidentally tripped, fell into the pool, and drowned. MB’s parents sued Virgilio for damages arising from their child’s death, premised on the principle of “attractive nuisance”. Is Virgilio liable for the death of MB?
A. No, the child was 7 years old and knew the dangers that the pool offered.
B. Yes, being an attractive nuisance, Virgilio had the duty to prevent children from
coming near it.
C. No, since the pool was bare and had no enticing or alluring gadgets, floats, or
devices in it that would attract a 7-year old child.
D. Yes, since Virgilio did not cover the swimming pool while not in use to prevent
children from falling into it.

39. The term of a 5-year lease contract between X the lessor and Y the lessee, where rents were paid from month to month, came to an end. Still, Y continued using the property with X’s consent. In such a case, it is understood that they impliedly renewed the lease
A. from month to month under the same conditions as to the rest.
B. under the same terms and conditions as before.
C. under the same terms except the rent which they or the court must fix.
D. for only a year, with the rent raised by 10% pursuant to the rental control law.

40. Rex, a philanthropist, donated a valuable lot to the municipality on the condition that it will build a public school on such lot within 2 years from its acceptance of the donation. The municipality properly accepted the donation but did not yet build the public school after 2 years. Can Rex revoke the donation?
A. Yes, since the donation is subject to a resolutory condition which was not fulfilled.
B. No, but Rex is entitled to recover the value of the land from the municipality.
C. No, the transfer of ownership has been completed.
D. Yes, the donation is not deemed made until the suspensive condition has been fulfilled.
48. Illegitimate children, those not recognized by their biological fathers, shall use the surname of their
A. biological father subject to no condition.
B. mother or biological father, at the mother’s discretion.
C. mother.
D. biological father unless he judicially opposes it.

41. Asiong borrowed P1 million from a bank, secured by a mortgage on his land. Without his consent, his friend Boyong paid the whole loan. Since Asiong benefited from the payment, can Boyong compel the bank to subrogate him in its right as mortgagee of Asiong's land?
A. No, but the bank can foreclose and pay Boyong back.
B. No, since Boyong paid for Asiong’s loan without his approval.
C. Yes, since a change of creditor took place by novation with the bank’s
consent.
D. Yes, since it is but right that Boyong be able to get back his money and, if not,
to foreclose the mortgage in the manner of the bank.

42. Rudolf borrowed P1 million from Rodrigo and Fernando who acted as solidary creditors. When the loan matured, Rodrigo wrote a letter to Rudolf, demanding payment of the loan directly to him. Before Rudolf could comply, Fernando went to see him personally to collect and he paid him. Did Rudolf
make a valid payment?
A. No, since Rudolf should have split the payment between Rodrigo and
Fernando.
B. No, since Rodrigo, the other solidary creditor, already made a prior demand
for payment from Rudolf.
C. Yes, since the payment covers the whole obligation.
D. Yes, since Fernando was a solidary creditor, payment to him extinguished the
obligation.

43. QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry them on the beach of Boracay. Since the Judge maintained Boracay as his residence, he agreed. The sponsors were all public officials.
What is the status of the marriage.
A. Valid, since the improper venue is merely an irregularity; all the elements of a valid marriage are present.
B. Void, because the couple did not get local permit for a beach wedding.
C. Voidable, because the Judge acted beyond his territorial jurisdiction and is administratively liable for the same.
D. Void, because the Judge did not solemnize the marriage within the premises of his court.

44. Allan bought Billy’s property through Carlos, an agent empowered with a special power of attorney (SPA) to sell the same. When Allan was ready to pay as scheduled, Billy called, directing Allan to pay directly to him. On learning of this, Carlos, Billy's agent, told Allan to pay through him as his SPA provided and to protect his commission. Faced with two claimants, Allan consigned the payment in court. Billy protested, contending that the consignation is ineffective since no tender of payment was made to him. Is he correct?
A. No, since consignation without tender of payment is allowed in the face of the conflicting claims on the plaintiff.
B. Yes, as owner of the property sold, Billy can demand payment directly to himself.
C. Yes, since Allan made no announcement of the tender.
D. Yes, a tender of payment is required for a valid consignation.

45. X sold Y 100 sacks of rice that Y was to pick up from X’s rice mill on a particular date. Y did not, however, appear on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid?
A. Yes, automatic rescission is allowed since, having the character of movables
and consumables, rice can easily deteriorate.
B. No, the buyer is entitled to a customary 30-day extension of his obligation to
take delivery of the goods.
C. No, since there was no express agreement regarding automatic rescission.
D. No, the seller should first determine that Y was not justified in failing to appear.

46. An Australian living in the Philippines acquired shares of stock worth P10 million in food manufacturing companies. He died in Manila, leaving a legal wife and a child in Australia and a live-in partner with whom he had two children in Manila. He also left a will, done according to Philippine laws, leaving all his properties to his live-in partner and their children. What law will govern the validity of the disposition in the will?
A. Australia law since his legal wife and legitimate child are Australians and domiciled in Australia.
B. Australian law since the intrinsic validity of the provisions of a will is governed by the decedent’s national law.
C. Philippine law since the decedent died in Manila and he executed his will according to such law.
D. Philippine law since the decedent’s properties are in the Philippines.

47. X bought a land from Y, paying him cash. Since they were friends, they did not execute any document of sale. After 7 years, the heirs of X asked Y to execute a deed of absolute sale to formalize the verbal sale to their father.
Unwilling to do so, X’s heirs filed an action for specific performance against Y. Will their action prosper?
A. No, after more than 6 years, the action to enforce the verbal agreement has already elapsed.
B. No, since the sale cannot under the Statute of Frauds be enforced.
C. Yes, since X bought the land and paid Y for it.
D. Yes, after full payment, the action became imprescriptible.

48. A court declared Ricardo, an old bachelor, an absentee and appointed Cicero administrator of his property. After a year, it was discovered that Ricardo had died abroad. What is the effect of the fact of his death on the administration of his property?
A. With Ricardo no longer an absentee but a deceased person, Cicero will cease to be administrator of his properties.
B. The administration shall be given by the court having jurisdiction over the intestate proceedings to a new administrator whom it will appoint.
C. Cicero automatically becomes administrator of Ricardo’s estate until judicially relieved.
D. Cicero’s alienations of Ricardo's property will be set aside.

49. In the order of intestate succession where the decedent is legitimate, who is the last intestate heirs or heir who will inherit if all heirs in the higher level are disqualified or unable to inherit?
A. Nephews and nieces.
B. Brothers and sisters.
C. State.
D. Other collateral relatives up to the 5th degree of consanguinity.

50. Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in Subic. Before they could deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall not exempt Roy and Carlos from their obligation. Owing to the loss of the motor boat, such obligation is deemed converted into one of indemnity for damages. Is the liability of Roy and Carlos joint or solidary?
A. Neither solidary nor joint since they cannot waive the defense of fortuitous
event to which they are entitled.
B. Solidary or joint upon the discretion of Sam.
C. Solidary since Roy and Carlos failed to perform their obligation to deliver the
motor boat.
D. Joint since the conversion of their liability to one of indemnity for damages
made it joint.