1.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.
2.The liability of the partners, including
industrial partners for partnership contracts entered into in its name and for
its account, when all partnership assets have been exhausted is
A. Pro-rata.
B. Joint.
C. Solidary.
D. Voluntary.
3. When can a missing person who left someone to
administer his property be declared an absentee by the court? When he has been
missing for
A. 2 years from the receipt of the last news
about him.
B. 7 years from the receipt of the last news
about him.
C. 10 years from the receipt of the last news
about him.
D. 5 years from the receipt of the last news about
him.
4.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.
5.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.
6.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
7.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.
8.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.
9.X and Y, Filipinos, got married in Los
Angeles, USA, using a marriage license issued by the Philippine consul in Los
Angeles, acting as Civil Registrar. X and Y did not know that they were first
cousins because their mothers, who were sisters, were separated when they were
quite young. Since X did not want to continue with the relation when he heard
of it, he left Y, came to the Philippines and married Z. Can X be held liable
for bigamy?
A. No since X’s marriage to Y is void ab initio
or did not exist.
B. No since X acted in good faith, conscious
that public policy did not approve of marriage between first cousins.
C. Yes since he married Z without first securing
a judicial declaration of nullity of his marriage to Y.
D. Yes since his first marriage to Y in Los Angeles is
valid.
10.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.
11.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.
12.A warranty inherent in a contract of sale,
whether or not mentioned in it, is known as the
A. warranty on quality.
B. warranty against hidden defects.
C. warranty against eviction.
D. warranty in merchantability.
13.X, who was abroad, phoned his brother, Y,
authorizing him to sell X’s parcel of land in Pasay. X sent the title to Y by
courier service. Acting for his brother, Y executed a notarized deed of
absolute sale of the land to Z after receiving
payment. What is the status of the sale?
A. Valid, since a notarized deed of absolute
sale covered the transaction and full payment was made.
B. Void, since X should have authorized agent Y
in writing to sell the land.
C. Valid, since Y was truly his brother X’s
agent and entrusted with the title needed to effect the sale.
D. Valid, since the buyer could file an action
to compel X to execute a deed of sale.
14.In a true pacto de retro sale, the title and
ownership of the property sold are immediately vested in the vendee a retro
subject only to the resolutory condition of repurchase by the vendor a retro
within the stipulated period. This is known as
A. equitable mortgage.
B. conventional redemption.
C. legal redemption.
D. equity of redemption.
15.Anne owed Bessy P1 million due on October 1,
2011 but failed to pay her on due date. Bessy sent a demand letter to Anne
giving her 5 days from receipt within which to pay. Two days after receipt of
the letter, Anne personally offered to pay Bessy in manager's check but the
latter refused to accept the same. The 5 days lapsed. May Anne’s obligation be
considered extinguished?
A. Yes, since Bessy’s refusal of the manager’s
check, which is presumed funded, amounts to a satisfaction of the obligation.
B. No, since tender of payment even in cash, if
refused, will not discharge the obligation without proper consignation in
court.
C. Yes, since Anne tendered payment of the full
amount due.
D. No, since a manager’s check is not considered legal
tender in the Philippines.
16.The residents of a subdivision have been
using an open strip of land as passage to the highway for over 30 years. The
owner of that land decided, however, to close it in preparation for building
his house on it. The residents protested, claiming that they became owners of
the land through acquisitive prescription, having been in possession of the
same in the concept of owners,publicly, peacefully, and continuously for more
than 30 years. Is this claim correct?
A. No, the residents have not been in continuous
possession of the land since they merely passed through it in going to the
highway.
B. No, the owner did not abandon his right to
the property; he merely tolerated his neighbors’ use of it for passage.
C. Yes, residents of the subdivision have become
owners by acquisitive
prescription.
D. Yes, community ownership by prescription prevails
over private claims.
17.Janice and Jennifer are sisters. Janice sued
Jennifer and Laura, Jennifer’s business partner for recovery of property with
damages. The complaint did not allege that Janice exerted earnest efforts to
come to a compromise with the defendants and that such efforts failed. The
judge dismissed the complaint outright for failure to comply with a condition
precedent. Is the dismissal in order?
A. No, since Laura is a stranger to the sisters,
Janice has no moral obligation to settle with her.
B. Yes, since court should promote amicable
settlement among relatives.
C. Yes, since members of the same family, as
parties to the suit, are required to exert earnest efforts to settle their disputes
before coming to court.
D. No, the family council, which would
ordinarily mediate the dispute, has been eliminated under the Family Code.
18.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.
19. Which phrase most accurately completes the
statement - If at the time the contract of sale is perfected, the thing which
is the object of the contract has been entirely lost:
a) the buyer bears the risk of loss.
b) the contract shall be without any effect.
c) the seller bears the risk of loss.
d) the buyer may withdraw from the contract
20. Any disposition made upon the condition that the
heir shall make some provision in his will in favor of the testator or of any
other person shall be void. Here, both the condition and the disposition are void.
What principle is being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
21.It is the omission in the testator's will of one;
some or all of the compulsory heirs in direct line, whether living at the time
of execution of the will or born after the death of the testator. What
principle isbeing referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
22.An obligation which is based on equity and natural
law is known as:
a) pure
b) quasi-contract
c) civil
d) natural
23.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
24.The following are solemn contracts (Contracts
which must appear in writing), except:
a) Donations of real estate or of movables if the
value exceeds P5,000.00.
b) Stipulation to pay interest in loans.
c) Sale of land· through an agent (authority must be
in writing)
d) Construction contract of a building.
25.It is a principle which holds that contracts must
be binding to both parties and its validity and effectivity can never be left
to the will of one of the parties.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
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