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MCQ on Civil Law of ____________________ 1.

Tomadatsi, a 15 years old Japanese national, inherited a parcel of land from his Filipino mother. He wanted to sell the same to a Filipino citizen. May he validly execute a deed of sale ? a.
b. c.

yes. otherwise, his right to transfer would be hampered; yes. his capacity to sell is govern by his national law ; no. in the absence of any law to the contrary, the processual presumption shall

apply; d. no. he is under age as far as the Philippine law is concerned. 1-1. Without reaching the age of majority under the Philippine law, he insist on selling the said parcel of land to OFW Juan. As legal practitioner, what would be your advice to effectuate such sale : a. majority; b.
c. d.

execute a conditional deed of sale to be effective upon reaching his age of execute a deed of sale signed by his guardian; execute a deed of sale and have it approved by the Philippine court; execute a deed of sale before the Japanese embassy.

1.2 Supposing in Japan, 15 year old is considered of legal age, may he validly execute a deed of sale in the Philippines ? a. yes. The Philippine recognizes the nationality theory of Tomadatsi b. yes. the legal capacity of a person is determine by his national law c. no. considering that the property involved is located in the Philippines, the forms and solemnities shall be governed by the law where the property is situated d. no. he can not execute a contract. He has no right over the property being an alien. 2. Equity follows the law means that : a. equity applies in the absence of but never against a statutory law; b. equity can not prevail over a law; c. equity being a common law principle can derogate a positive law; d. courts exercising equity jurisdiction are bound by rules of law and have no arbitrary discretion to disregard them. 3. The congress passed a law on December 20, 2010 which was approved by the President the following day. The law is urgent because it will provide for the relief of victims of calamities who have not eaten for 10 days. Hence, on December 22, 2010, the DBM started to release the funds for the victims. Is the release proper ? a. the release is improper because it has not yet been published; b. the release is proper because this is a kind of law which is remedial in nature; c. the release is premature. Every law must undergo the required publication and 15 days thereafter before it became effective; d. the release is proper. Further delay would be prejudicial to its purpose. 4. Waiver of rights is premised upon : a. damnum absque injuria; c. consented act;

b. volenti non fit injuria

d. forgiveness of a wrong;

5. The Philippine law recognizes the operation of foreign laws in the Philippines due to : a. conflict of laws ; c. doctrine of incorporation ; b. comity with all nations; d. principle of reciprocity. 6. Branch of law that regulates the relationship among members of the family as well as members of the society: a. civil code of the Philippines; c. political law; b. civil law; d. Social law. 7. What is the effect to a person who violated a law which was not published ? a. denial of information; c. denial of the right to information; b. denial of due process; d. denial of the right to notice. 8. As a rule, laws shall be prospective, except when the law is : a. curative in nature; b. penal law;. c. statutory law; d. civil law;

9. Penal laws is subject to the following principles : a. principles of territoriality; c. principle of prospectivity; b. principle of generality; d. all of the above. 10. Law on human relation is subject to the principle of : a. principle of unjust enrichment and abuse of rights; c. principle of volenti non fit injuria; b. principle of damnum absque injuria; d. principle of civil negligence; 11. The forms and solemnities of a contract executed abroad may be governed by the : a. law of the place where the contract was executed; c. law of the forum; b. nationality of the contracting parties; d. law of the place where it was notarized 12. OFW Juan executed a special power of attorney in favor of his wife who is in Davao City. The deed was prepared by his Saudi friend notary public of Dubai, KSA. But notarized before the Philippine Embassy in Saudi Arabia. The forms and solemities shall follow : a. the law of Dubai, KSA; c. the law of Saudi Arabia; b. the law of the Philippines; d. the law of the forum. 13. The applications of a law may be : a. mandatory; b. penal; e. prohibitory; f. retroactive c. curative; g. prospective d. remedial h. all of the above.

14. As a rule, laws shall take effect after 15 days following the completion of its publication in a news paper of general circulation or official gazette. However, it may take effect even before the 15 days requirement when such law pertains to : a. general law; c. procedural law; b. administrative law; d. special law. 15. RA 1234 amnesty law - provides that the same shall take effect immediately upon signing of the president. The law provides for an immediate release of the political prisoners. Hence, Senator Trillanes and his Magdalo group were immediately release

without observing the publication and the 15 days requirement.. This kind of law partakes of a : a. curative law; b. procedural law; c. amnesty law; d. remedial law. 16. Millionaire Samson waived his right in favor of his sister Delilah, for whatever inheritance he may be entitled from their father, Don Pepot. Upon hearing, Don Pepot was so delighted that he suffered a heart attack. Thereafter, he died intestate leaving behind Samson and Delilah as the surviving heirs. Decide whether the waiver of Samson is valid ? a. the waiver is valid. Rights may be waived; b. the waiver is valid. It not a case of waiver of future inheritance but a case of donation of a future property which may be in form of donation mortis cause or donation inter vivos; c. the waiver is invalid. Future inheritance can not be waived; d. the waiver is invalid. Therefore, Samson is entitle to receive his inheritance. . 17. As a condition for the release of the Magdalo group, they were made to sign a waiver stating that they renounce and would never participate in any future political activities, including coup attempt. However, a year later, they discovered rampant corruption in the government and they wanted to correct it. Could they again engage themselves in a political activities to curb these corruption in the government ?
a.

b. c. release; d. no. it would amount to violation of their waiver and may cause their imprisonment for the first offense.

yes. it is a duty of every citizen as sovereignty resides upon them; yes. the waiver is invalid. Right to future political activities can not be waived; no. any political activities is not suppressed by the waiver executed during their

18. A judgment of the MTC or RTC, if not appealed, becomes final and executory. It becomes : a. the law of the parties which must be observed; b. the contract between the parties executed before the court; c. a part of the law; d. a judicial legislation. e. the law of the case. 19. Filipino Juan is now married to an American Citizen Jane and presently residing in California. His minor Filipino children by previous marriage is asking whether their father, Juan, would still be obliged to support them. If so, on what theory ? a. principle of nationality theory; c. principle of receiprocity theory; b. principle of domiciliary theory; d. principle of familiarity theory. 20. Would you sustained that theory if Juan is now an American citizen ? a. yes. the Philippine law is based upon consanguinity; b. yes. being a former Filipino and they were his children. Under the international law of children, they are entitled to be supported by their parents; c. no. he no longer embraces the Filipino nationality theory. Hence, his obligation to support ceases; d. no. he has now a new family entitled to be supported.

21. Indian national Sakura brought a car to Manila which he uses it for collection of his 56 operation. What law shall govern the said car ? a. law of the nationality of the owner ; c. law of the forum; b. law of the place where the car is located ; d. law of origin; 21-1 On the other hand, after executing a last will and testament in Manila, Sakura died leaving a child and a Filipino spouse in Manila, how will the car be distributed ? a. according to the Philippine law on succession; b. according to the national law of the decedent; c. based on the referrals of the laws; d. according to the last will and testament of Sakura. 21-2. According to the laws of India, there is no need for the probate of a will. Will the said will be excluded from the probate requirement in the Philippines ? a. the said will is exempt from the probate requirement because in case of testate and intestate succession, it shall be governed by the national law of the decedent; b. the will shall be subject for probate. The philippine law on succession provides that no property shall passed unless the will is probated; c. the will need not be probated. This is a case of conflict of laws and that the Philippine law recognizes the operation of a foreign law in the Philippines. d. the will must be probated. Because of the principle of generality. 21-3 In case of conflict of laws, particularly on the distribution of properties in the Philippines owned by an alien, it shall be distributed according to :
a. b.

c. testator; d.

order of succession of the national law of the decedent; amount of successional rights of the heirs of the decedent; intrinsic validity of the testamentary provision executed by the alien all of the above.

22. Mr. Samotski, single and a 15 year old German citizen , entered into a marriage contract with Filipina Lucia Matambokin solemnized by Judge Tahimik based on the certificate issued by the German Embassy that Samotski is of legal age. However, for failure to have a child despite of 5 years cohabitation due to incompatibility of their blood, they decided to part their ways. What legal way would you suggest to them a. file a petition for annulment of their marriage, Samotski being below 18 years of age at the time of the celebration of their marriage; b. file a petition for legal separation; c. file a petition for nullity of their marriage; d. Samotski should file a petition for divorce in his country or elsewhere where it recognizes divorce. 22-1. In what possible instance may Lucia be allowed to file such action : a. when Lucia file such action in Germany which allows divorce; b. when Lucia renounces her Filipino citizenship at the time of the celebration of their marriage; c. when Lucia obtain dual citizenship; d. when Lucia went to Nevada, USA, and file a petition for divorce. 23. As a policy, the shipper is made to sign a waiver against possible damage in connection with the shipping. Unfortunately, the goods, ship thru the airlines, slip from the

hands of the airport porter while loading it to the airplane resulting to its breakage. Whether such airline be exempted from such liability due to the waiver ? a. the airline is not liable. the damage was done by its porter and not related to the shipping; b. the airline is not liable. the damage occurred in the hands of the porter. Hence, the porter is liable; c. the airline is liable, being a common carrier, it is obliged to transport the goods in good condition. Such damage resulted from its own negligence. d. The airline is liable. such waiver is contrary to law where it provides that common carrier is obliged to transport the goods in good condition. Hence, such waiver in void. 24. Chiguito, a super handsome guy that even males could not resist, uses his charisma to attract women who succumbed to his modus operandi resulting to their untimely pregnancy. A woman victim complain to you whether Chiguito be made responsible for her pregnancy based on what ground where she also consented to such act :
a.

based on act contra bonus mores; based on accion in rem verso;

c. based on breach of promise to d. based on unjust enrichment.

marry;
b.

25. Under the present financial condition of the Philippines, would it be proper to send delegates to the Olympic competition ? a. improper. Due to the financial difficulties of the state where more than of its citizens were under poverty level; b. improper. The obligation of the state towards its foreign creditors should first be satisfied before engaging in such competition activities which is not compulsory; c. proper, because the state is not under an acute public want or emergency; d. proper, because the state should not isolate itself from the outside world. 26. Due to sudden burst of lightning, the carabao of Juan was frighten and run for unknown direction crushing the rice field of Tomas which is about to be harvest. Should Juan be held liable for the damages suffered by Tomas ? a. no. Juan is not liable. this is a case of fortuitous event where no one is liable; b. no. Juan is not liable. the act done by the carabao is unforeseeable; c. yes. Juan is liable. el que de la causa is causa del mal causado; d. yes. Juan is liable, the carabao benefited from such act. 27. Susan, the mother of Jose, a polio victim, over-heard her neighbors talking about Jose that yan si Jose na polio victim, wala ng future yan aside from teasing Jose as pilay. Hurt by what he heard, what proper action should she institute against the tsismosas ? a. criminal action of libel for defaming Jose; b. criminal action of oral defamation; c. civil action for damages due to vexing or humiliating Jose physical condition; d. civil action for violation of Jose zone of privacy. 28. Johnny and Susan were sweetheart. However, Susan was forced to marry Max when the latter raped her. But her heart belongs to Johnny. Hence, they continue their relationship thru text messages expressing their love despite of her marriage to Max. Max consulted you whether these acts of Johnny and Susan is an actionable wrong ?

a. yes. it is an actionable wrong which constitutes as meddling into the life of a married couple; b. yes. it is an actionable wrong which would constitutes as alienation of love from the Max; c. no. it is an expression of their undying love; d. no. it does not constitute as a criminal act. 29. Hubert Web and his group were acquitted from the Visconde murder case because the prosecution failed to establish their guilt beyond reasonable doubt. Hence, the victim ask your opinion whether there is still a possibility of seeking justice from them ? a. no more. Otherwise, to appeal or a motion for reconsideration of such acquittal would amount to double jeopardy; b. no more. The criminal and the civil aspect has been included in the determination of the case; c. yes. when accused is acquitted, the plaintiff may file a civil action for damages for the same act, only preponderance of evidence is required. d. Yes. when the criminal and the civil aspect arising from such act is separated, the dismissal of the criminal action will not affect the civil action arising from the same act. 30. As a rule of procedure, criminal cases takes precedents in the trial over civil action. Exception to this is when there is : a. prejudicial question; b.. date of filing; c. priority in time ; d. certified as urgent; 31. Mariano, single, 70 years old, married Maria, 18 years old. During their honeymoon, they meet an accident where Mariano died instantly, while Maria was brought to the hospital but dead on arrival. Parents of both parties were claiming the estate of the spouses. Distribute the estate: a. 50% goes to the surviving parents of both; b. 25% goes to the parents of Mariano and 75% goes to the parents of Maria; c. 75% goes to the parents of Mariano and 25% goes to the parents of Maria; d. Nothing goes to the surviving parents. 32. 65 years old father and 25 years old son boarded a plane which crashed. All passengers died. The father was survived by his wife Maria. While the son was survived by his wife, Susan. Under the civil law, Susan shall inherit : a. of the estate of the father; c. all of the estate of the father; b. nothing from the estate of the father; d. of the estate of the father; 32-1. Under the rules of court, how much would Susan inherit from the estate of the father : a. all of the estate of the father; c. of the estate of the father; b. of the estate of the father ; d. Nothing from the estate of the father; 33. Ericski, a 20 year old Russian residing in Moscow. Although still a minor in Russia, he entered into a 2 years contract with X Corporation in Manila. However, after 2 months of work, he transferred to Y Corporation due to juicy offer. Hence, X Corporation sued him for breach of contract. What is the status of the contract : a. void; b. voidable; c. valid; d. unenforceable. 33-1. what is the basis why you decided to adopt the above answer ?

a.

domiciliary theory;

b. lex patriae;

c. nationality theory

d. lex

contractus. 34. Japanese Musimusi inherited a parcel of land from his Filipino mother. He execute a deed of sale in America. What law shall govern the property ? a. lex rei sitae; b.. lex situs; c. lex loci contractu; d. lex loci celebrationis 35. A a rule, only those who have juridical personality may received donation and other benefits. However, when may a donation to a foetus is valid ? a. when the donation is received by the mother in behalf of the foetus; b. when the foetus is born alive at the time it is completely separated from the maternal womb; c. when the foetus incurred an intra-uterine life of less that 7 months, provided, it is alive within 24 hours from the time of delivery; d. when the donation is absolute. 36. Is marriage contract governed by the law on obligations and contracts ? a. yes, because marriage contract partakes a contract between a male and a female; b. yes, because it has all the essential elements of a contract; c. no. because marriage contract is a special contract that governs the relationship between a man and a woman for purposes of procreation and establishment of their marriage life; d. no. because marriage contract governs their property relations. 37. Juan killed BB. due to insufficiency of evidences, Juan was acquitted for failure of the prosecution to prove his guilt beyond reasonable doubt. Hence, the victims relatives filed a separate civil action for damages. Decide whether the action would prosper . a. it will not prosper. Due to failure to reserve the civil aspect; b. it will not prosper. The criminal and the civil aspect has been included in the determination of the case, unless the right to institute the civil action has be reserved; c. yes. when accused is acquitted, the plaintiff may file a civil action for damages for the same act, only preponderance of evidence is required. d. Yes. when the criminal and the civil aspect arising from such act is separated, the dismissal of the criminal action will not affect the civil action arising from the same act. 38. The essential requisites for marriage are : legal capacity of the parties who must a male and a female and that their consent must be freely given before the solemnizing officer, while the formal requisites are : authority of the solemnizing officer, valid marriage license and a marriage ceremony in the presence of at least 2 witnesses where they declares that they take each other as husband and wife. Based on the above premises: 1. when any or both of the contracting parties is/are of 17 years old, this is a ground for : a. petition for nullity of marriage ; b. petition for annulment of marriage; c. petition for legal separation; 2. When the solemnizing officer inadvertently forgot that his commission to solemnized marriage expired a day before the solemnization, the status of the marriage solemnized is :

a. void;

b. valid;

c. voidable;

d. unenforceable;

2.a. This is a case of : a. absence of authority; b. defect in the authority;

c. good faith on the part the officer ; d. irregularity.

2.b. On the part of the newly wed couple, what would be the best argument to save their marriage : a. that they are not aware of such fact; b. that they believe in good faith that the solemnizing officer has the authority to solemnize; c. that they are not a party to such act; d. that they are in good faith. 3. During the marriage ceremony, the priest was in a hurry due to commitments that he forgot to pronounce that they are now husband and wife, what would be the effect on the status of the marriage due to such inadvertentment ? a. the marriage is null and void; c. the marriage is voidable; b. the marriage is still valid; d. the validity of marriage is not affected. 4. Because of excitement, Ogie and Regine misplaced their marriage license, although, they have been living together as husband and wife while Michelle, former wife of Ogie, was still filling a petition for divorce which was finally granted after 8 years. However, due to request of Ogie and Regene to the solemnizing officer, the marriage ceremony was held. This is a case of : a. absence of marriage license; c. failure to comply the requirement; b. defect of marriage license; d. exempt from the requirement of marriage license 5. On board a PAL plane from Davao to Manila were a catholic priest accompanying the Pope, RTC judge, Captain of the plane, CA justice and the President of the Philippines, whom do you think could validly perform a marriage ceremony of a passenger under articulo mortis ? a. the priest; b. the judge; c. the captain d. the justice; e. the president. 5.A . If the same plane was hijacked and now in an unknown territorial air space, whom do you think could validly perform a marriage ceremony of a passenger under articulo mortis ?
a.

the priest; b. the judge; c. the captain d. the justice; e. the pope.

5.b. On board a JAL airplane bound for Australia from Tokyo were Filipino passengers, sweetheart Johnny and Susan. Susan suffered a heart attack and considered under articulo mortis and wanted to have her marriage with Johnny be solemnized. Among the following on board, whom do you think can validly solemnized their marriage ? a. Captain of the plane; Pope. 6. Kiram and Soraida, both muslim have their marriage solemnized under the muslim law in Saudi Arabia. Considering that they are Filipino citizen, they decided to return to the c. Philippine consul; c. Justice of the SC; d.

Philippines and resided in Davao City. It is thru the insinuation of Father Makulit that they decided and converted into a catholic believer. What would be the status of their marriage solemnized under the muslim rites ? a. the marriage remain valid. Such new faith to catholic pertains to their belief and does affect their marriage; b. the marriage remain valid. Under the principle of lex loci celebrationis re marriage; c. the marriage is affected, they have to enter another marriage under the catholic norm due to their new faith; d. the marriage becomes invalid. 39. Max married Maxima. Max went to America and became a naturalized American citizen. Maxima followed him in America. Due to heated quarrel, Maxima filed and granted a divorce decree against Max. Thereafter, she married OFW David, after residing 2 years in California and a child, they return to the Philippines and another child was born. What is the status of the marriage of Maxima and David ? a valid marriage ; b. bigamous marriage; c. voidable marriage; d. void marriage 1. What would be the status of the child born in California ? a. legitimate; b. illegitimate; c. adopted; d. legitimated. 2. What would be the status of the child born in the Philippines ? a. legitimate; b. illegitimate; c. adopted; d. legitimated. 3. Upon knowing that Maxima married David and residing in the Philippines, he filed a concubinage case against them. Decide. a. the case will not prosper. The divorce decree is binding upon him and he has no more rights to be protected; b. the case will prosper. The divorce decree is not binding upon Maxima. Therefore, she remain married to Max; c. the case will not prosper. The marriage was solemnized outside the Philippine territory and therefore, the court has no jurisdiction over the case; d. the case will prosper. Concubinage is committed when a man and a women sport themselves as husband and wife; 4. Supposing the marriage of Maxima and David is defective, what legal process should be done to legalized their union ? a. enter into another marriage in the Philippines; b. file a divorce against Max; c. reside in America; d. disregard this question because their marriage is valid. 40. Johnny married Susan. When Johnny became a naturalized American citizen which he applied while still single, he filed a petition for divorce which was granted. Susan is now asking whether she is now qualified to marry her childhood sweetheart Abdul ? a. yes. the Philippine recognizes the effect of divorce decree; b. yes. the Susan is qualified to remarry ; c. no. the Philippine law does not recognize divorce;

d. no. any subsequent marriage without the first marriage having been dissolve is null and void. 41. Bruno and Suzeth, both Filipino, got married in Nevada, USA. While waiting for the divorce decree, Suzeth became an American citizen. Will the subsequent granting of divorce decree qualified Suzeth to remarry ? a. yes. it is the time of granting the divorce decree that determine its validity ; b. no. it is the time of filing the divorce decree that determine its validity; c. yes. because Suzeth is qualified for the divorce decree; d. no. because suzeth is a Filipino citizen and therefore disqualified to file a divorce decree. 42. Kuroda and Yamashita entered into an employment contract in Japan where Yamashita will supervise the construction in the Philippines awarded to Kuroda. Yamashita being a resident of Cavite City. Due to misunderstanding, Yamashita was dismissed from service prior to the expiration of the employment contract. Hence, he filed an illegal dismissal before the labor arbiter. Decide. a. the labor arbiter can not assume jurisdiction over the case because the parties involved are aliens ; b. the labor arbiter may assume jurisdiction based on lex loci contractus; c. the labor arbiter may not assume jurisdiction based on forum non conveniens;
d. the labor, in its discretion, assume the case based on lex loci contractus or reject

the case based on forum non conveniens. 43. Due to high pressure of the water operated by the Davao water district, its pipe burst hitting the head of a 5 year old boy which cause his serious physical injury. May the water district be liable ? a. no. the injury resulted from fortuitous event and, accordingly, no person is liable; b. no. the injury is purely an accident. Damnum absque injuria; c. yes. any person who negligently causes damage/injury shall compensate the latter; d. yes. he who is the cause of the cause is the cause of the evil cause. 44. Juan confessed to his wife that the P1M inside the bag is the fruit of their robbery commit against the bank. Unfortunately, he was caught and charged. During the trial, the prosecution wanted the wife to divulge such confession to the court which the counsel objected on the ground of : a. privilege marital communication; b. marital communication rule; c. marital privilege rule; c. privilege marital rule. 1. While inside the jail, will the obligation to give support still required ? a. yes. such obligation to give support ceases only when he died; b. yes. such obligation includes TESDAC; c. no. while inside the jail he cannot be gainfully employed; d. no. while in jail, his obligation is suspended. 2. To regain his temporary liberty, he was allowed to post a P500,000.00 bail. Juan consulted you where to get the money ? a. from the personal property of Juan; b. from a possible creditor; c. from the community property and shall be treated as an advance of Juan to be deducted from his share upon dissolution of marriage;

d.

from the P!M proceeds of the robbery.

3. Due to loneliness inside the jail for 20 years, Juan became mentally and emotionally disturbed. Hence, when release, the family senses different n attitudes from him for he now acted as a gay. May the wife petition for nullity of their marriage due to psychological incapacity ? a. a petition for psychological incapacity is appropriate. He could no longer perform his marital obligation towards his wife; b. a petition for psychological incapacity is the proper remedy to declare their marriage void; c. a petition for psychological incapacity is inappropriate, it should be psychological insanity; d. a petition for psychological incapacity is improper, the defect occurred after the marriage and while inside the jail. 4. On the contrary, may Juan himself institute Psychological incapacity ? a. yes. the law does not requires that only the spouse free from psychological incapacity may institute the petition; b. yes. it could be instituted by any interested person; c. no. he who comes to court must come with clean hands; d. no. it should be the spouse free from psychological incapacity may institute the same. 5. Will the money stolen be part of their absolute community property ? a. yes. any income derived shall form part of the community property; b. yes. under the claim of right theory; c. no. because ownership of the P1M belongs to the bank and could not be transferred to the family of Juan; d. no. because such act (robbery) is contrary to law. 6. Would it be proper for Juan to report the matter to the BIR and pay the corresponding income tax ? a. no. because the ownership of the money still belonging to the bank; b. no. because object wrongfully taken may ripen into ownership after 8 years; c. yes. although the ownership is retained by the bank, yet, Juan has a claim or right over it. Whoever in possession of money creates a presumption of ownership; d. yes. as a good citizen. 45. A grade 5 pupil secretly brought to the school a watusi (form of firecracker) and exploded it inside his room during the class while the assigned teacher is busy having a chat outside with a co-teacher from the next room. What form of liability may the teacher assigned for the injuries of the pupils ? a. primarily liable; b. secondarily liable; c. principally liable d. subsidiarily liable 1. what would be the basis for such liability towards the injured pupils ? a. failure to exercise parental authority; c. negligence; b. failure to exercise substituted parental authtority; d. quasi-delict. 46. In 1980, Daniel married Manuela, both Filipino, in England according to the English law on marriage which recognizes complete separation of property regime and does not provide for inheritance to their children. Upon their return to Manila, they ask the following questions to you as family counsel :

What property regime shall govern their family relations : a. conjugal partnership of gain; b. absolute community property; c. complete separation of property under the family code; d. complete separation under the English law. 1. whether they could execute a will in favor of their children ? a. yes. they shall be governed by their national law; b. yes. being a Filipino, they are governed by the Philippine alw, particularly the law on succession; c. no. they are governed by the law of England which is the basis of their marriage; d. no. based on the principle of lex loci contractus (law of the place where the contract is to be executed) 2. whether the P1M property owned by Daniel be included in the whatever property regime they may have because of fear that his son by previous marriage may be deprived of its support ? a. yes. included; b. no. it should be excluded; c. yes. it should be included because the family code allows retroactive effect provided it does not impair any vested right acquired under the old law; d. no. it should be excluded due to retroactive effect of the family code which does not impaired any vested right acquired. 47. Properties acquired before the marriage shall form part of the properties acquired during their union. This regime is known as : a. conjugal partnership of gain; c. complete separation of property regime; b. absolute community regime; d. dowry system. 1. On the other hand, if it is only the fruits will form part of the properties acquired during the union, this regime is known as : a. conjugal partnership of gain; c. complete separation of property regime; b. absolute community regime; d. dowry system. 48. During the courtship in 2005, Manny gives a diamond ring to Crista worth P1M. hence, Manny is asking whether the said diamond ring is a property owned by the union ? a. yes. jewelries form part of the community property; b. yes. jewelries form part of the conjugal partnership of gain; c. no. it is an exclusive property of Crista, being a donation received previously; d. no. it is an exclusive property received by gratuitous title; 49. Refers to an agreement between the future spouses regarding their property relations that will govern their properties that may be acquired :
a. b.

conjugal partnership; absolute community;

c. complete separation; d. marriage settlement.

50. After 10 years of happy marriage, Mario discovered thru DNA test that the father of their eldest son was the former boyfriend of his wife. They had a last minute farewell

contact before Maria went to the altar to say I do to Mario. What possible action may Mario undertake against Maria :
a. b.

petition for nullity of marriage; petition for annulment of marriage;

c. petition for legal separation; d. separation de facto.

1. Justify any answer chosen : pregnant by a man other than her husband ___________________________________________________________ 51. Susan discovered that her husband maintained a mistress whom they had already a 5 year old son. What should be the proper remedy of Susan under the situation ? a. file a petition for nullity of marriage based on psychological incapacity against the husband ; b. accept the presence of the mistress in order to preserve to save their marriage; c. adopt the son in order to give a better future to him; d. file an action in court, i.e. concubinage against the husband and his mistress. 52. Psychological incapacity is characterized by : a. gravity, juridical antecedent and incurability; b. gravity, juridical theory and incurability; c. gravity, medically proven and curability; d. gravitational, medical proven and incurability. 53. The husband is a gambler while the wife is a drunkard. There is peace in the house only when both were asleep. The husband had a mistress while the wife has a paramour. What proper action would you suggest regarding their marriage : a. file a petition for nullity of their marriage; b. file a petition for annulment of their marriage; c. file a petition for legal separation; d. file a petition for psychological incapacity. 54. Due to inaction of the spouses, their eldest child filed the above-action. Will it prosper ? a. yes. it is for the good of the family; b. yes. it could be instituted by any interested person; c. no. only the spouses themselves could institute such action; d. no. children can not institute such above-action while their parents are still alive. 55. John and Susy signed a marriage contract even without having a marriage ceremony. After a 13 year cohabitation, they decided to part their ways and each wanted to marry a new partner in life. Are they required to have a final judgment dissolving their marriage ? a. yes. a final declaration dissolving their marriage is needed. Otherwise, any subsequent marriage shall be considered void; b. yes. a final declaration is needed for it is not for the parties to declare it void; c. no. the previous marriage was not a marriage at all because of absence of formal requisite which is the marriage ceremony; d. no. nothing is to be dissolved because of absence of marriage ceremony. 56. Jenny files a petition for declaration of presumptive death of her husband Richard when he disappeared during the typhoon Butsiki 10 years ago. The court granted the said

petition. Hence, Jenny married Amorsolo. Thereafter, Richard reappear and had agreed with Jenny not to disturb the happy union of the latter. How should the later union be classified ? a. a valid marriage ; c. a valid bigamous marriage; b.d. a voidable marriage. d. a void marriage; 1.a Prior to the said marriage, Jenny and Amorsolo had been living exclusively as husband and wife for the last 8 years and 2 children were born. For purposes of the later marriage, is marriage license a requirement for them ? a. Exempted from the requirement of marriage license for having live together for at least 5 years as husband and wife; b. Exempted from the requirement. Their subsequent marriage is a matter of comvalidation of their union; c. They are required to have a marriage license. The exemption requires that both parties must be free from any legal impediment during the 5 years cohabitation; d. They must secure a marriage license. Otherwise, the subsequent marriage would be considered void. 1.b. Would the subsequent marriage of Jenny and Amorsolo affect the status of their 2 children ? a. The 2 children became legitimated. The subsequent marriage of their parents elevates their status to legitimate one thru the process of legitimation; b. The 2 children remain illegitimate. The process of legitimation does apply to them; c. In case of doubt, the doubt should be interpreted in favor of the children. Hence, they should be treated as legitimated one; d. The 2 children remain illegitimate. The benefit of legitimation could only be availed by the children when during the cohabitation, their parents are both free from any legal impediment to marry each other. 1.c. By reason of such agreement between Jenny and Richard. If Richard dies and survived by his parents, his illegitimate child and Jenny. Who will be his heirs ? a. parents ; b. illegitimate children ; c. Jenny; d. all of them; 57. During their 10 years married like, the wife remain virgin although they have plenty sexual activities with the husband although the manoy of the husband is as big as the size of the ring finger and 1 and a half inches long. What would be the basis if a petition to dissolve their marriage is instituted ? a. psychological incapacity; c. trennial cohabitation; b. physical incapacity; d. failure to cupolate. 58. A Filipino spouse may validly filed a petition for absolute divorce and shall dissolve their marriage, provided that he is no longer a Filipino citizen at the time of : a. filing the petition for divorce; c. granting the divorce decree; b. his naturalization in foreign country; d. residing abroad. 59. The husband acquired an STD during their first night. Such STD is a ground for : a. annulment of marriage; b. nullity of marriage; c. legal separation; d. separation de facto.

60. Due to constant quarrel resulting to repeated physical violence, they decided to part their ways thru : a. legal separation; c. nullity of marriage; b. annulment of marriage; d. separation de facto. 61. Susan, at the age of 18 got married without parental consent. After 3 years cohabitation, Susan meet Arroyo, a handsome gigolo who propose marriage to her. What remedy would you suggest to Susan who is madly in love with Arroyo in order to consummate their marriage. a. file a petition for nullity of marriage due to immaturity; b. file a petition for annulment of her marriage due to absence of parental consent; c. or let the parents who have not given consent file for annulment of marriage; d. file a divorce in foreign country and have their marriage solemnized there. 62. Max married Maxima. It was discovered that Max is suffering from occasional insanity behavior particularly when it is full moon. May Max file for annulment of their marriage ? a. b.
c.

d.

no. only the sane spouse may be allowed to file for annulment; or the relative of the insane who is having legal charged over him; yes. during his lucid intervals; yes. by his guardian ad litem.

63. As a rule, a petition for annulment of marriage does not allow a motion to dismiss. However, such motion is allowed when the ground is :
a. b.

lack of cause of action; failure to state a cause of action;

c. lack of jurisdiction; d. absence of probable cause.

64. A 6 months cooling-off period is mandatory upon filing of a petition for legal separation. When may such be disregarded ? a. when the petition is urgent ? b. when in the petition alleged danger on the life of the petitioner; c. when alleged in the petition is violence against women and child; d. when the grounds for writ of amparo is alleged. The Maligaya apartment is consist of 3 doors. Door 1 was occupied by AA, door 2 by BB and door 3 by CC. One day, BB parked his car in front of door 1 whereby depriving AA its engress and egress of his vehicle. The act of BB constitute : a. malicious mischief; c. unjust enrichment; b. unjust vexation; d. abuse of right.
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Property 1. Max claimed as an owner of the accretion created by an alluvium along the bank of the creek since 1940. Lately, the City Government of Davao constructed an access road traversing such accretion. Decide the status of accretion : a. part of public domain ; b. part of the adjacent private property considering that the boundary is the creek; c. exclusively owned by Max as claimant of the accretion thru acquisitive prescription; d. owned by the City of Davao.

2. Don Pepot constructed a road connecting the 2 barangays for the convenience of the residents of therein. And now asking the ownership of the said road : a. owned by Don Pepot; b. owned by the state under the concept of public domininion; c. owned by the barangay residents; d. owned by the municipality where the 2 barangays located. 3. How about if the said road was constructed thru the accumulated funds of the 2 barangays traversing the private property of Don Pepot with it having sold by Don Pepot. This is a case of : a. escheat; b. easement; c. expropriation; d. servitude. 4. The mall of Asia was constructed on a reclaimed area along Manila bay. The construction and the reclamation was financed by the SM group of companies. Decide whether the City government of Manila can imposed a real property tax on the Mall of Asia. a. yes. on the ground that the said reclaimed property is a private property; b. yes. on the improvement introduced but not on the reclaimed land; c. no. because the reclaimed land is owned by the national government. Otherwise, it would be an ultra vires act; d. yes. the local government is delegated to imposed real property tax on the properties located within its territory. 4.1 On the other hand, a small portion of the reclaimed area was occupied by the barangay for its hall and tanod outpost. Should the same be subject to real property tax ? a. the portion occupied is subject to pay rentals to the SM group of companies, being the constructors lien ; b. the portion is exempt from real property taxation. The occupant is part of the government mechanism; c. that portion is subject to real property taxation for no one is above the law; d. that portion is exempt from real property tax considering that there can be no imperii in an imperium. 4.2 How about if a chapel was constructed in another portion exclusively for worshipping. Should the said portion be subject to real property tax ? a. yes. being part of the reclaimed area which is owned by the government; b. yes. under the concept of life blood theory ; c. no. it enjoys exemption from real property tax because it is directly, exclusively and actually used for the exercise of freedom of religion; d. no. due to the separation of church and the state. 4.3 When does the aboved reclaimed area be owned by private individuals ? e. upon purchase of the same by a private individual; f. upon exclusive occupation by a private individual for at least 30 years; g. upon declaration that it is no longer use for its purpose; h. upon declaration of abandonement and declaring it as disposable and alienable land; 5. A private property covered by an American torrens title was occupied by the Japanese Army during the 2nd world war as its headquarters. After the war, the same was used by

the Philippine Army as its headquarter. Today, the original owner is asking you opinion whether he could recover back the said property ? a. yes. the occupation of the Philippine Army is illegal. No right arise from illegal source; b. no. due to lapse of 30 years. the owner losses the property thru the extinctive prescription , while the Philippine Army acquires it thru acquisitive prescription; e. yes. this is a case of illegal squatting and the Philippine Army is considered informal squatters; d. yes. due to imprescriptibility of a title. 6. Manuel discovered a spring inside his titled property where he developed it as a spring resort where people enjoys swimming. For which he charges P100.00 entrance fee. The municipal council passed a resolution declaring the P100.00 entrance fee as exorbitant and imposed a P10.00 entrance fee. By what authority does the municipal council may invoke such P10.00 entrance fee : a. under the concept of ownership; b. under the concept of general welfare; c. under the concept of public dominion; d. under the concept of patrimonial property. 7. The barangay council of Matambok constructed a reservoir trapping the waters descending from the mountain and distributed it among the residences for a P10.00 monthly maintenance fee. The residences complaint that the barangay is engaged in business rather than service. Decide. i. The barangay is considered engage in business thru the imposition of the P10.00. Water is res nullus; j. The imposition is illegal. The water being a property of state and intended for public use; k. The imposition is valid. It is intended for maintenance and not for the use; l. The imposition is proper considering that the barangay incurred expenses for the maintenance of the reservoir and other facilities. 8. Juan Tamban owned a 500 sq. m. land covered by TCT # 1234, adjacent to the shoreline. Due to the rising of water during the recent flash flood. The whole area was covered with water and have not subside. Hence, Juan Tamban is asking your legal opinion whether the land is now converted into a property of public dominion in form of : a. public use; b. public service; c. property use for development of wealth; d. res nullus ; e. res alicujus ; f. patrimonial property. 9. The bridge that connect the 2 cities was so dilapidated that the DPWH engineers decided to construct a new one because it is more expensive to repair the old one. After the completion of the new bridge, the old bridge was abandoned and motorist were no longer allowed to passed thru it. Jose was one of the occupants of the said abandoned bridge and ask you whether there is a possibility of acquiring ownership over the bridge where his house was constructed ? a. There is no possibility of owning a portion of the bridge even though declared as abandoned by the state. Bridge is beyond the commerce of men; b. The bridge can not be owned by any person because it is an improvement introduced to a land. The law allows acquisitive prescription on the land itself; c. yes. acquisitive prescription applies after 30 years prescription; d. yes. acquisitive prescription applies after 30 years possession.

10. The government declared the Kalayaan Island as alienable and disposable. Mang Kepwing ask your advise as to when he could owned the land ? a. after 30 years prescription; b. after 30 years possession; c. after the declaration that the island is alienable and disposable ; d. after the application for free patent. 11. Modes of prescription through which patrimonial immovable properties owned by the state may be acquired by private individuals under the Civil Code. a. ordinary acquisitive prescription of 8 years; b. extraordinary acquisitive prescription of 10 years; e. ordinary acquisitive prescription of 4 years; f. extraordinary acquisitive prescription of 30 years. 12. Bruno sold his land to the City government of Davao for its airport expansion project. However, the project was declared abandoned when the airport was transferred to Samal Island. Hence, Bruno occupied the same portion that he sold and in what mode he may become the owner thereof : a. ordinary acquisitive prescription of 8 years; b. extraordinary acquisitive prescription of 10 years; g. ordinary acquisitive prescription of 4 years; h. extraordinary acquisitive prescription of 30 years. 13. Macario built a shanty on a land whom he believe as his land. The shanty was made of trees cut from the vicinity enough to have a shade. Unfortunately, the real owner of the land complaint and as a barangay chairman, resolve the conflict amicably : a. Macario should be treated as a builder in good faith. Hence, he is entitled for a reimbursement of the value of the shanty, if the land owner decided to appropriate it for himself, or if not, Macario should vacate the land and be allowed to take back the shanty; b. Macario should be treated as a builder in good faith and should vacate the property; e. Macario should be treated as an informal settler and should pay a rental to the land owner; f. Macario should vacate the land and not entitled to reimbursement because what he had built is not an structure define under the civil code on builder in good faith. 14. AA and BB were sweetheart for 50 years. Now they decided to buy a lot for their future residence where both of them shall contribute from their salaries. Having fully paid the said lot, they had a misunderstanding due to hearing difficulty. And finally, both decided to part their ways. What would be the status of the lot ? a. the lot remains as co-owned by them until any one of them demand for its division; b. the co-ownership over the lot is deemed dissolve because the purpose of which could no longer be achieved; c. the lot ceases to be owned under the concept of co-ownership due to their separation;

d. the parties may now demand for the division of the land. 15. Believing that a yamasita treasure was buried on a land whom he believe as his own. Carlos started to dig which positively yielded a chest of gold. When the news spread out, the real owner of the land surface and demanded a share over of the chest of gold. How should the gold be shared ? a. 100% of the gold should go to the land owner; b. 100% of the gold should go to Carlos as the finder; c. 50-50 sharing between Carlos and the land owner; d. 100% goes to the government. 16. One morning when James wake-up, he discovered that Criselda had constructed a barong-barong on his property against his consent. What proper remedy he should take against Criselda ? a. file a complaint before the barangay chairman; b. file a criminal complaint for trespass to property; c. file a petition to quiet title; d. file a complaint for forcible entry. 16.1 In the event that Criselda present evidences showing that she has a right over the said property, what proper remedy then should James take ? a. file a complaint before the barangay chairman; b. file a criminal complaint for trespass to property; c. file a petition to quiet title; d. file a complaint for forcible entry. 17. Maxie and his group went hunting in Mt. Apo area. Luckily, Maxie spotted and shot a wild boar. Despite of the injury, the boar was able to run but died inside the property of Mang Teban who prevented Maxie from entering his property to get the dead wild boar. Whom do you think owns the wild boar ? a. Mang Teban because anything found within his property belongs to him; b. Mang Teban because of accessory follows the principal theory; c. Maxie is the owner of the dead boar because he was the one who captures the same; d. Maxie should be the owner of the dead boar as a fruit of his labor. 18. Jose hired Engr. Matamata for the construction of a store space which he leased it to EE enterprises, wholesaler and retailer of merchandise. During the recent rainy days, the merchandise were damaged due to rain that penetrate the flooring passing thru a crack from the wall. Whom do you think EE Enterprise should sue for damages ? a. Jose being the lessee; b. Engr. Matamata being the contractor/builder whose guaranteed liability is up to 15 years from completion of the construction; c. workers of EE Enterprise for being negligent; d. no one is responsible for being a fortuitous event. 19. City prosecutor Susana suffered a leg injury when the front wheel of the car she was driving fell on an uncovered PLDT manhole along Leon Garcia St., Davao City, which is classified as a national highway. Hence, she consulted you against whom she should institute a case for damages. The said cover was stolen ?

a. The office of the City Mayor because the incident happen within the jurisdiction of the City; b. The DPWH being the one in charged for the maintenance of national highways; c. The local CENRO being the specific agency tasked to maintain road worthiness ; d. The PLDT for negligently failed to cover the manhole. 20. Manuel subdivided his land into 10 lots. All lots were sold except Lot 10 because it was located at the middle and without passage for engrees and egress. However, the adjacent lot 9 owner verbally granted the buyer, Susan, a right of way. Hence, Susan purchased and constructed a house on lot 10. Thereafter, Susan worked as OFW and upon her return, she noticed that lot 9 was sold to another person who refuses to allows Susan the use of such right of way granted by the former owner. What legal advice would you suggest to Susan. a. demand for the enforcement of the agreed right of way against the new owner; b. demand from Manuel its obligation to provide for a right of way as a subdivision owner ; c. demand for right of way against any lot owner which is the shortiest and least prejudicial to the servient estate; d. demand for the refund of the value of the lot and its improvement from Manuel. 21. Margie, a widow with Margarita as her daughter from her deceased husband, instructed thru the phone, Margarita to sell her share from the inheritance (500 sq.m. residential lot). Per instruction, Margarita sold it to their neighbor Leonila who immediately fenced it. A deed of sale was executed signed by Margarita. Not knowing about the sale, Margie sold it to Esteban, an OFW in California, USA where Margie resided upon her marriage to American Steve Mckonat. Both sale were unregistered. a. Leonila has a better right over the property. Based on priority in time, priority in right; b. Leonila has a better right over the property. She being in possession over the same; c. Esteban has a better right over the property. The sale to Leonida is invalid for absence of Margaritas authority to sell the land: d. both buyer has no right over the property. The sale were not registered. 22. The rules required that for a donation to be valid, there must be an acceptance by the donee. Hence, when donor Don Tekyo donated a mansion worth P2M unto Atty. Macario, single and studying at London School of Music, he wanted the same to be valid but how ? a. let the acceptance be made by his parents in the Philippines; b. let the acceptance be e-mailed to Don Tekyo and have it attached to the deed of donation; c. let the acceptance be made upon his return to the Philippines; d. let the acceptance be done at any time convenient to the donee; 23. The son forged the signature of his father in a deed of sale allegedly selling his land to him. Later, The son sold the land to Maximo who purchased it relying on the certificate of title in the name of the son. When the father died, other heirs wanted to recover the said land from Maximo who had already transferred it in his name. Decide. a. The land could no longer be recovered by the heirs because of the transfer of such title; b. The ownership claimed by Maximo is invalid because the source of which is illegal. The son could not transfer a right which he does not possess; c. The land rightfully belongs to Maximo under the mirror principle ;

d. the land rightfully belongs to Maximo because of the indefeasiblity of torrens title. 24. Max owns the property adjacent to the river bank. And on the opposite is the property owned by Bruno. After 10 years, Max noticed that his property is reduced by 200 sq. meters for having been eaten by the river. While Brunos property had increased by 200 sq. meters. Who owns the 200 sq. meters increased ? a. Max as a compensation of the 200 sq. meters property lost ; b. Bruno as the result of alluvium; c. the Municipality where the property is located ; d. the state being a part of the public dominium. 25. Ramos discovered that his property was titled in the name of Magtangol, an employee of the DAR 5 years ago. What proper action would you institute to recover the same ? a. file an action for cancellation of title; b. file an action for reconveyance; c. file an action for land grabbing; d. file an action for nullification of title. 26. Susan love so much her movie star idol Lorenz that she took a picture of him and have it framed into a life size one. Thereafter, she hung it inside her room for the rest of her life to see. Would you consider it as movable or immovable property of Susan? a. movable property because at any time it could be transferred; b. movable property because it is portable; c. immovable property because it is mounted in a permanent manner; d. immovable property because of the intention of having it hanging for the rest of the life of Susan. 27. Due to heavy rain, the limestone on the land of Johnny were washed out and find its way to the adjacent rice land owned by Susan. Susan is contemplating to file for damages against Johnny. Decide. a. the action will not prosper. This is a case of natural calamity; b. the action will not prosper. This is a case of fortuitous event; c. the action will not prosper. This is a case of damnum absque injuria; d. the action will not prosper. This is a case of act of good. 27.1 On the other hand, may Johnny have a right to recover the limestone ? a. yes. the limestone being identifiable from the rice land; b. yes, the limestone belongs to Johnny; c. no. the limestone becomes an accession and therefore owned by Susan; d. no. the limestone becomes a part of the rice land thru natural mixture . 28. Gen. Garcis amazed a huge sum of money from the government coffer. The money was used to buy a condominium but placed it in the name his paramour. The paramour is now asking what is the status of her possession over the condominium ? a. as a cestui que trust; b. as owner; c. as co-owner; d. as entrustee; 28.1 What is the relationship between Gen. Garcis and his paramour as far as the aboved-condominuim is concern ? a. cestui que trust ; c. co-ownership;

b. trustor- trustee relationship;

d. partnership.

29. When the flood subside, waters were trapped inside the bedroom of Mang Kaloy and discovered that it was alkaline and mineral drinking water. So, he asked your opinion whether he could appropriate and sell it to the public: a. no. the water is owned by the state as part of its public dominiun; Wills and succession
1.

Institution of an heir for a particular purpose or cause : a. modal institution; b. substitution; c. Simple substitution; d. fedeicommissary substitution.

1.1. The testator designates one or more persons to substitute the heir instituted in case such heir died ahead of the testator or becomes incapacitated to accept the donation. This is a type of : a. modal institution; b. substitution; c. Simple substitution; d. fedeicommissary substitution. 1.2. or the Testator institutes a first heir with the obligation to preserve the inheritance and to transmit it to the second heir : a. modal institution; b. substitution; c. Simple substitution; d. fedeicommissary substitution. 1.3. or appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted : a. modal institution; b. substitution; c. Simple substitution; d. fedeicommissary substitution. Aling Osang request Pastor ACQX to pray for her numbers in lotto for the March 15, 2011 draw to hit the jockpot worth P1M and executed a deed of donation donating of the price to the congregation. The deed of donation was accepted by Pastor ACQX and notarized by the chief justice. True enough, Aling Osang won the jockpot. Hence, Pastor ACQX wanted to claim the said P500,000.00 based on the deed of donation. Decide.
2.

a. Pastor ACQX is entitled to the donation. The deed of donation is a contract between the parties and must be complied with in good faith pursuant to the doctrine of pacta sunt servanda; b. Pastor ACQX is not entitled to the donation. The deed of donation is not binding because future property can not be subject to donation or inheritance ; c. Pastor ACQ is not entitled to the donation. The donation was made in favor of the congregation. Therefore, it should be claimed by the donee congregation; d. For all intent and purposes, the deed of donation is valid because all the elements of donation were present. 3. Johnny and Susan were childhood sweetheart. Later, Johnny married a wealthy woman whom she told Johnny, during his birthday, to give something to her former sweetheart. Hence, Johnny donated a parcel of land taken from their community of property to Susan who accepted the same in a notarized document. Is the donation valid ? a. the donation is invalid. Donation may be made provided it is moderate and during family rejoicing; b. the donation is valid. The wife has consented such donation and considering their financial status, a parcel of land is minimal;

c. the donation is invalid. Such donation constitute a donation to a mistress; d. the donation is valid. All the elements for a valid donations are present. 4. Supposing the estate of the deceased is worth P100,000.00 and survived by the surviving spouse, 2 legitimate children and an acknowledged illegitimate child, shall they be entitled to equal sharing ? a. no. the share of the legitimate children is greater than the share of an illegitimate children; b. no. the share of an illegitimate child is of the share of the legitimate child; c. yes. for the sake of equality; d. yes. because the illegitimate child was acknowledged by the putative father. 4.1 Under the above-condition of the estate and surviving heirs, if a will is executed, would there be a free portion ? a. yes. free portion is always present in testate succession; b. yes. all of the heirs are entitled to the free portion; c. no. there is no free portion available; d. no. free portion given only according to the choice of the testator. 5. Johnny died leaving behind an estate worth P100,000.00 and survived by his legitimate spouse and 2 common law spouses, his parents and an alledged illegitimate children. Decide as to who would be entitled to his estate : a. all of them. b. Legitimate spouse, the alledged illegitimate children and the parents; c. Legitimate spouse, 2 common law spouses; d. Legitimate spouse and parents. 6. Don Teban had pregnated his labandera who is now carrying a 3 months old foetus. He consulted you whether the said foetus be included as an heir in his last will ? a. the foetus should not be included in the will because it has no personality yet; b. the foetus should be given only a donation because it is favorable to it; c. the foetus should be considered as an heir provided it be born latter; d. the foetus should be treated as an heir and for the meantime, its legitime be received by her mother. 7. Don Pepot requested his family counsel to execute his last will and testament where his only 3 sons were required to sign as the notarial witnesses. What is the effect of signing as the notarial witnesses towards the will ? a. the will is invalidated ; c. the will becomes ineffective; b. the will remain valid ; d. the will becomes void. 7.1 Supposing the said will was probated after the death of Don Pepot, as a judge would you allow the said will ? a. the probate of the will should be disallowed for the will does not comply with the forms and solemnities of a will; b. the probate proceedings should be dismissed for lack of the required number of witness; c. the probate of the will should be granted. The sons who witnesses the will shall not be allowed to received any other property other than their legitime; d. the probate of the will should be granted in order to avoid intestacy. 8. The Chinese husband executes a will in China distributing his properties in China and in the Philippines to his Filipino heirs. Does the said will be probated before the Philippine

although the Chinese law on succession does not requires probate ? a. yes. probate of the will is necessary because no property shall passed until the will is probated; b. yes. probate is necessary to determine the validity of its disposition, the genuiness of it signature and to determine the capacity of the testator; c. no. probate is not necessary by following the nationality of the testator; d. no. probate is not necessary. By adhering to the principle of comity among nations. 9. Spouses Wang Tau and Ming Lam, both Hongkong nationals, executes a joint will , which is allowed in Hongkong, involving their properties in the Philippines. Decide whether it should be allowed for probate in the Philippines ? a. joint will is prohibited under the Philippine law. Therefore, it can not be probated; b. joint will should be allowed for probate because the testators are govern by their owned nationality theory; c. prohibited acts provided under the Philippine law can not be rendered nugatory by means of foreign laws, judgment or conventions; d. joint should be allowed for probate. The law prefers testate than intestate succession. 10. In Manila, A Chinaman executes a will in Chinese character leaving his properties in the Philippines worth P1M to his Filipino wife and 2 children, While his properties in China worth P5M were given to his chinese wife and 2 children. This is a case of : a. joint will; c. foreign will; b. notarial will; d. holographic will. 11. If the said will is presented in court for probate, will the same be allowed ? a. it will not be allowed for probate. Because the judge can not understand the Chinese character; b. it will be allowed for probate. Provided, is accompanied with English translation; c. it will not be allowed because it includes the property in China. And the Philippine court has no jurisdiction over the state of China; d. it will be allowed because , to disallow it means a disfranchisement of the Filipino heirs. But limit it only to the properties located in the Philippines. 12. As a rule, does probate of a will allows piece-meal or partial probate ? a. Piece-meal probate is not allowed. b. Probate of a will must be done in its entirety ; c. Piece-meal could be done when it is presented by the testator himself; d. Piece-meal probate is not allowed to avoid confussion. 13. The Testator had several wives whom he had several children., Later, the testator died and when the will was probated, it was discovered that his 4th wife, including their 4 children were not mentioned in the will. This is a case of : a. disfranchisement or disinheritance; c. invalidity of a will; b. preterition; d. disallowance of a will. 13.1 As the probate judge, in situation like this, what would be your order ? a. dismiss the case without prejudice ; b. disallow the probate of the will; c. approve the probate of the will;

d.

suspend the proceedings until the heirs have agreed among themselves.

13.2 As counsel of the 4th wife and the 4 children, what would you suggest to protect your client ? a. consider the will invalid and distribute the inheritance thru intestate succession; b. consider the will valid but redistribute their legitime and by this time include the 4 children of the 4th wife under testate succession ; c. execute a new will or a codicil; d. consider the will invalid due to mental incapacity of the testator. He should know the bounty of his properties and his heirs. 14. The testator disinherited his wife when he caught his wife in a bed with another man, both were naked, and charged them for concubinage. However, due to inexperience of his counsel, the guilt was not proven beyond reasonable doubt which resulted to their acquittal. Decide whether the wife could inherit from the estate of the testator ? a. the wife could inherit. There is no basis for her disinheritance due to her acquittal. B. The wife should not be allowed to inherit because she tainted the honor of the testaor; c. the wife should be allowed to receive her legitime. In case of doubt, the doubt should be resolved in favor of inheritance; d. the wife should not be allowed to inherit due to immorality. 15. Spouses Johnny and Susan both died in a plane crash. The union got no child. But Johnny had an illegitimate child (AA), while Susan had a legitimate child (BB) by previous marriage. They were survived by AA and BB. How will be the estate of the spouses be distributed ? a. the estate of Johnny will goes to AA and the estate of Susan will goes to BB; b. the entire estate of the spouses shall be divided between AA and BB; c. the estate of Johnny be divided between AA and BB and the estate of Susan be divided between AA and BB; d. the entire estate shall go to BB being the legitimate child. 16. Max died and was survived by his acknowledged illegitimate child, Ana, and legitimate child Siano and an estate worth P P150,000.00. distribute the estate to the heirs : a. each heir is entitled to P75,000.00; b. Ana is entitled to P50,000.00. while Siano is entitled to P100,000.00; c. the entire estate goes to Ana; d. the entire estate goes to Siano. 16. 1 After the distribution, Ana died. If Ana received a part of the estate, to whom shall her (Ana) estate goes ? a. Siano; b. State; c. Municipality/City where the property is located; d. charity. 17. Due to intense quarrel, Susan picked up a knife and stab Johnny. However, Johnny was able to evade the same. Upon investigation, the stabbing incident occurred when Johnny hit Susan with a 2x2 wood on her body. Hence, Susan was disinherited. Decide . a. the disinheritance is valid. Any attempt against the life of the testator is a ground for disinheritance;

b. the disinheritance is valid. Any attempt against the life of the testator is a ground for disinheritance even without conviction of such attempt; c. the disinheritance is improper. It was a self-defense; d. the disinheritance is improper. There should be conviction before disinheritance could prosper. 18. Roger executes a holographic will. Later, he remembered something and inserted it in the said will without having countersigned such insertion. As a probate judge, would you allows the will ? a. the will should be disallowed due to unsigned insertion which in validated the will; b. the will should be disallowed due to presence of such unsigned insertion which rendered the will doubtful as to its due execution; c. the will should be allowed. Such insertion will not invalidate the will. Instead such insertion shall be treated as nothing at all; d. the intention of the law is to have testacy succession rather than instestate succession. Along this premise, any doubt should be resolved in favor of testate succession. 19. The heirs discovered that their grand father executed a will during the 2nd world war. Although the estate was inherited by their father, the only son. And since their father died intestate. They wanted to know whether it is necessary to probate the will of their grandfather where a legacy was given to Maria who is not aware of such legacy ? a. yes. for no property shall passed unless the will is probated; b. yes. otherwise, it will frustrate the will of the testator; c. no need because of lapse of time. Prescription sits in; d. no need because to probate the will now it will become moot and academic. 20. It is an act whereby a person, with the formalities of the law to control the disposition of his estate; a. donation inter vivos; c. last will and testament; b. donation mortis causa; d. deed of conveyance. 21. The objective of the law for requiring the probate of a will is in order to determine its : a. genuiness of the signature of the testator; c. due execution; b. the validity of its dispositions; d. capacity to execute a will. 22. Don Pepot has 2 parcel of land consisting of lot 1 and lot 2. During his life time, he orally gives to his son, Primero , lot 1 and to his other son, Segundo, lot 2. But when he died, the 2 sons discovered a will designating lot 1 for Segundo, while lot 2 for Primero. The 2 sons were confused because they have already introduced permanent improvement on their respective lot as instructed by their father when he was still alive. Resolve the confusion of the 2 sons. a. the will must be probated and the follow the disposition thereon; b. the will must give way to the present conditions of the 2 sons; c. the 2 sons may kept quiet about the will; d. the will must be allowed and let the 2 sons convey to each other the properties as stated in the will. e. petition for the declaration of nullity of the will because the testator is not aware of the bounties of his property.

23. Don Teban had a son, Goliath, and daughter, Tisay. When these 2 children reach the age of 30, Don Teban executed a will where it provides that Goliath shall graduate from the college of law and passed the Bar exam.Only by then that he could get his inheritance. Hence, Goliath consulted you as an expert in succession. What would be your legal advice ? a. have the will probated and disregard the condition imposed in the will; b. have the will probated and follow the condition thereon; c. have the will probated and move for the declaration of the condition as void; d. do not present the will for probate. 23.1 on the part of Tisay, whether the condition imposed on her to marry Vic bosing is valid ? a. the condition is valid because that is the will of the testator; b. the condition imposed is invalid. The testator can not imposed any condition on the legitime of the compulsory heirs, except in case of legatee or divisee; c. the condition shall be disregarded for being burdensome on the part of the heir; d. the will is the will of the testator speaking after his death. And therefore, it shall be complied. Obligation and contract a. Jose mortgage his land to Leopoldo as a collateral to a loan. It was agreed that in case of non-payment of the loan. Jose shall execute a deed of sale in favor of Leopoldo. Is the agreement valid ? a. the agreement is invalid. This is a case of pactum commissorium; b. the agreement is invalid. In case of non-payment of the loan, there must be foreclosure and auction sale of the land; c. the agreement is valid. This is a case of dacion en pago; d. the agreement is valid. This because it was freely entered into by the contracting parties. 2. X and Y entered into a joint venture on a 50-50 basis for the construction of a building on the property of X. The contribution of X is the land valued at P10M while Y shall invest cash worth P10M. To start the project, Geo Analytics was hired and conducted soil testing which cost P1M. However, the joint venture refuses to pay the bill and abandoned its project. Decide whether X should share in the P1M obligation ? a. no. because its contribution consist of a land. therefore, it should be shouldered by Y ; b. no. because the cash outlay was assumed by Y; c. yes, because of their joint venture which is a form of partnership wherein in the absence of sharing agreement, they shall share 50-50 both in profit and the loss; d. yes. otherwise. It would constitute as unjust enrichment on the part of X. 2.1 what is the nature of the obligation of X and Y towards the claim of Geo Analytics ? a. joint obligation ; c. enforceable only against X; b. solidary obligation; d. enforceable only against Y. 2.2 when may solidary obligation arise : a. when the law so provides; c. when the nature of the obligation requires solidarity; b. when there is an agreement; d. all of the above.

2.3 Possible sources of an obligation : a. law; b. contract; c. delicts;

d. quasi-delict; e. all of the above.

3. Max sold his carabao to Bruno to be delivered tomorrow. What is the obligation of Max towards the carabao prior to its delivery ? a. to take care the carabao prior to its delivery; b. to see to it that the carabao is will provided; c. to deliver the carabao on the agreed date; d. to take care the carabao with the diligence of a good father of the family. 3.1 Supposing the carabao died due to heat stroke before the delivery. What proper act should be done by the Seller ? a. report the matter to the buyer; b. replace it with another carabao; c. butcher the carabao and deliver the meat to the buyer; d. buried the dead carabao. 3.2 would the seller be held liable for the death of such carabao ? a. yes, due to his negligence; b. yes, for failure to take care the carabao with the diligence of a good father of the family; c. yes. due to contributory negligence; d. no. such death is considered a fortuitous event and therefore, no one is responsible. 4. Susan ordered a fried Oyster in Famous restaurant. When served, she notice that inside the shell was a black pearl with estimated cost of P1M. The oyster shell carries with it a mark of Bureau of Fisheries However, it was also claimed by the restaurant owner. Who has a better right over the black pearl ? a. the restaurant owner; c. Bureau of Fisheries; b. Susan; d. fisherman. 4.1 justify your answer _________________________________________________________________________ _________________________________________________________________________ 5. Carlos sold his only monkey to Maria of Davao City and Susan of Gensan City. This is a case of : a. double sale ; c. future sale; b. individual sale; d. forward sale. 5.1 If the monkey commit suicide before the date of delivery, would Carlos be held liable to his buyers ? a. no. due to fortuitous event; b. no. the act of the monkey is beyond the control of Carlos; c. yes. Carlos is liable even if the cause is fortuitous event; d. yes. due to their contract. 5.2 Supposing the above-mentioned monkey give birth to an orangutan before it commit suicide. Who shall be entitled to the baby orangutan ? a. Maria for being the first buyer of the monkey; b. Susan, in case of default or refusal of Maria;

c.
d.

The Seller because the orangutan was not included in the sale; The government being an endangered specie.

6. Leo obtained a loan from the bank payable on January 10, 2010. However, it remain unpaid up to this time. Is Leo considered in delay ? a. Leo is considered in delay because the loan remain unpaid; b. Leo is considered in delay for not complying the stipulation; c. Leo is not yet in delay for there was no demand yet from the bank; d. Leo is not yet in delay considering that the bank is negligent. 7. Joel brought his car for the repair of its brakes. However, unknown to Joel, the repairman repair its horn instead of the brakes. After paying the repair fee, Joel was made to sign a waiver against any defect. Due to faulty brakes, Joel meet an accident. Will Joel be entitled to demand damages from the repairman ? a. no. due to waiver; b. no. because brakes was not covered by the repair; c. yes. there can be no waiver for any future fraud; d. yes. the waiver pertains to the repair of horn; 8. Jaime deposited P100,000.00 thousand in X Bank and at the same time obtained a loan of P300,000.00. However, Jaime simply ignored the demand to pay when the loan matured. Hence the bank ask your opinion whether compensation (set-off) could be done ? a. compensation is improper because loan is separate from each other; b. compensation was not agreed upon in the loan as a mode of paying the loan; c. compensation is proper considering that in loan and in deposit, their relationship is both debtor and creditor; d. compensation applys by operation of law and need not be agreed upon; 9. as : The omission of that diligence required at that particular time is known a. fault; b. delict; c. negligence; d. bad faith; e. all of the above.

10. Passenger Maria was injured when the driver of the bus applys a sudden brake to avoid hitting a passing pedestrian while traversing the diversion road. Would the driver be held liable for such injury ? a. no. the passengers injury was due to her owned negligent. The bus is not considered insurance for all possible injury that a passenger may suffer; b. no. the passenger is not entitled to demand for damages suffered thru injury because the act of the driver is legitimate; c. yes. the driver is considered negligent. He should have anticipated that pedestrian would cross the street; d. yes. the driver is liable for breach of its obligation to transport the passenger safe and sound from point of origin up to her destination 10.1 On the other hand, as counsel, what possible defense to lessen the P1M claim of Maria due to scratch on her leg due to such sudden brake, would you present in favor of the driver ? a. the incident is purely an accident; b. the incident is a case of caso fortuito; c. the driver is evading a pedestrian which is proper ; d. the driver is performing an utmost diligence; 10.2 as a judge, would you consider the claim for damages is proper ?

a. b.
c.

d.

the claim is proper. Its the claimant who determine the amount ; the claim is proper. Legs are her only asset to attract men; the claim is exorbitant and the court may reduce it; the claim is exorbitant.

11. For failure to pay the debt, the creditor assigned the debt to Mario without the knowledge of the debtor. Hence, Mario now is the one who filed a collection case against the debtor. Will the action prosper ? a. the action will not prosper. Mario has no lucos standi; b. the action will not prosper. Mario is not a party to the contract of loan; c. the action will prosper. Mario has acquired a right by virtue of subrogation. Rights arising from obligation is transmissible; d. the action will prosper. This is a case of assignment of credit which is a recognized practice. 12. X obtain a loan payable by his son. This is a case of : a. payable on demand; c. conditional obligation; b. stipulation pour autrui; d. joint and solidary obligation; 13. The father promised to give a brand new car to his son Macaroni upon passing the bar examination. The condition set forth by the father is a : a. conditional obligation ; c. suspensive condition; b. pure obligation; d. resolutory condition. 14. X ask a P20.00 from Y. The money was used for betting in a lotto game. Luckily enough, it won P1M. So, Y is demanding the P1M winning. Decide . a. the P1M should be given to Y, being the source of the bet; b. Y is entitled to the P1M. Otherwise, there could be no winning had there been no P20 bet which comes from him; c. X is entitled to the P1M. the P20.00 used to bet is a loan obtained from Y which is separate from the winnings; d. the P1M should go to X. the owner of the P20.00 is X thru a loan and his obligation is to pay it back to Y in the amount agreed upon. 15. Obligation arising from contract shall have the force of law refers to the principle of : a. obligatory force of contract; c. consensuality of contract; b. enforceability of contract; d. autonomy of contract; 15.1 and shall be complied with in good faith refers to principle of : a. compliance in good faith; c. obligatory force of contract; b. pacta sunt servanda; d. enforceability of contract. 16. The parties may establish such terms and conditions, clauses, stipulation that they may deem convenient refers to the principle of : a. consensuality of contract; c. independence of contract; b. autonomous of contract; d. of freedom. 17. Contracts take effect only between the parties, their assigns and heirs, refers to the principle of : a. consensuality; c. relativity; b. enforceability, d. independence.

17.1 And when the said contract grants a favor to a 3rd person, such stipulation is considered as : a. conditional obligation; b. relativity; c. consenuality obligation; d. pour autrui. 18. The testator obtained a P1M loan from the bank. He bequeathed his entire estate worth P200,000.00 unto his only 2 legitimate sons subject to the condition that they will pay the loan. The will was approved by the bank. Decide whether the bank can enforce the payment against the 2 heirs ? a. the 2 heirs are liable for the payment because it was stipulated in the will; b. the 2 heirs are estopped from denying the payment due to approval of the will by the bank; c. the 2 heirs are liable as a condition set forth in the will; d. the 2 heirs are liable to pay the loan up to the value they received from the testator. 19. Contracts are perfected by mere consent. This refers to the principle of : a. perfection; b. relativity; c. consensuality; d. consentuality 20. Johnny obtained an insurance policy. Generally, insurance contract is a : a. contract of indemnification; b. contract of adhesion; c. contract of surety; d. contract of pour autrui. 21. The General Manager of X-7 production Corp. thru its board resolution, offered Willie who agreed, an exclusive contract actor of Vilma production Corp., for a show sponsored by the former for a talent fee worth more than the value of the latter. Hence, Vilma production Corp. was insulted and wanted to file for damages. Against whom should it be instituted ? a. Willie; c. Willie and the general manager; b. the general manager of X-7 corp. d. Willie and X-7 production Corp. 21.1 What would be the basis for damages against the above-mentioned parties? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________. 22. For failure of the debtor to pay his P50,000.00 loan, he consulted you as to what possible remedy the obligation secured by a chattel mortgage over his rest house in Boracay may be extinguished ? a. apply the concept of dacion en pago; c. apply the process of foreclosure; b. apply the concept of payment by cession; d. consignation. 23. X and Y were inmates of a mental hospital. While waiting for their release, they entered into a partnership contract for the rehabilitation of the physicians in mental hospitals. Due to absence of insane lawyer, X and Y signed the contract by their own blood. A week later, X and Y were released and now asking you the status of their contract ? a. valid; b. unenforceable; c. void; d. voidable;
24.

XX sold his property immediately to YY when he learned that a tax evasion case was instituted against him. Assail the validity of the sale. a. the sale is valid considering that YY is an innocent buyer for value;

b. the sale is valid considering that at the time of sale XX exercise ownership over the property and could validly transfer ownership; c. the sale is invalid. It is an act of evading from its obligation in the evasion case; d. the sale is void. A desperate act of saving his property from the long arms of the law. 25. Max orally sold his land to Bruno for P1,000.00. After 40 years, the grandchildren of Max wanted to buy-back the said land and offer to return the purchased price. However, the heirs of Bruno refuses to accept the offer because the land now was improved as a tourist spot earning P10,000.00 a day for the entrance alone and not to mention the improvement introduces. Decide . a. the grandchildren has no right to buy-back the property considering that their offer is too low; b. the grandchildren has a right to buy-back the land considering that the sale is unenforceable being not reduced into writing. And therefore, there was no valid transfer of ownership to Bruno; c. the heirs of Bruno has the right to retain the land due to acquisitive prescription; d. the grandchildren of Max can not enforce the buy-backing due to estoppel. 26. The Pajero of Jose was carnapped by Max. When Max died, the said Pajero was inherited by his son Bruno who is not aware that the Pajero was a carnapped vehicle. 10 years later, Bruno ask your opinion whether he may validly owned the Pajero thru prescription ? a. yes. acquisition for 8 years of personal property in bad faith will ripen into ownership; b. yes. Bruno is not a party to the illegal act; c. no. since the origin is illegal, it will not ripen into ownership; d. no. otherwise, it is as if the law is rewarding unlawful act. 27. Maria married to Max. Their marriage was annulled. Thereafter, Maria and their 7 year old son is asking whether they are still entitled for support from Max ? a. Maria is not entitled for support as a wife. Their respective obligations to support each other as husband and wife ceases upon annulment of their marriage. However, the support for the 7 year old son continues. This stem from their relation as father and son which is not affected by the annulment of marriage. b. The obligation of Max to provide for support which stem from marriage ceases upon the annulment of their marriage. However, the obligation to give support to their son continues which stem from their relationship as father and son; 28. Marioski, a german citizen, doubted the fidelity of his Filipino wife Maria when he caught her wife and their driver Bruno in compromising situation inside their car, went back to Germany and obtained a divorce decree. Thereafter, return to their conjugal home to claim his personal properties and to file a concubinage case against his Maria and the driver. Decide on the legality of the action ? a. the action would not prosper due to absence of lucos standi; b. the action would not prosper due to lack of cause of action; c. the action will not prosper because the plaintiff is no longer the real partyin-interest;

d. Due to dissolution of their marriage. Marioski is no longer considered as a husband who has a right to honor to be protected. Hence, Maria is free to have a relation with another man, 29 . In 1970, the Municipality of Matabungkay sold its property (municipal lot A) thru public bidding. The Municipal mayor executed a deed of sale in favor of Max as a result of being the highest bidder, but the provincial governor did not approve the sale although Max immediately took possession on municipal lot A. later, Max sold a portion of it to Bruno thru a private document. Thereafter, Max and Bruno died. In 1990, the Mayor executed a deed of transfer of the lot unto the estate of Max and a TCT was issued in 1992. When does Max (represented by his heirs) obtained ownership over the land ? a. 1970 after the bidding b. 1970 when Max took possession over the Lot A c. 1990 when a deed of transfer was executed by the mayor d. 1992 when a TCT was issued in favor of the estate of Max Whether the sale of Max to Bruno is valid ? a. the sale is void. Sale of real property must be reduced into public instrument. Otherwise, it is void. b. The sale is void. For failure to comply the requirements under the statute of fraud; c. The sale is valid. The requirements of reducing the agreement into writing is for the convenience and not for its validity between the contracting parties. d. The sale is valid. the necessity of reducing it into a public instrument is to bind the whole world. On the other hand, if the sale of Bruno to Max was verbally done and payment was made without receipt, may such sale be binding ? a. yes, the sale between the parties are valid in any form; b. yes. the sale is valid because contract may be done orally c. no. the sale is void for failure to comply the statute of fraud which requires that sale of real property must be in public instrument d. no. the sale is void. It would result to commission of badge of fraud Max offered his brand new Pajero to Bruno for P100,000.00 for 7 days. Bruno feel interested on the offer. Hence, what possible remedy for him to do so that Max could not withdraw the offer within the 7 days ? a. post a bond b. put up an option money c. put-up an earnest money d. send a letter of acceptance of the offer. Max sense that his offer is disadvantageous to him, he decided to withdraw the same after he received the message of acceptance from Bruno. Is his withdrawal effective ? a. the withdrawal is ineffective due to acceptance of Bruno b. the withdrawal is ineffective due to knowledge that Bruno had accepted the offer c. the withdrawal is effective. The acceptance of Bruno is ineffective for failure to post an option money d. the withdrawal is effective. The acceptance of Bruno can not deprived Max his right to withdraw his offer. Carlos purchased a car on installment. After defaulted for 3 consecutive monthly installments, the unpaid seller consulted you as what to do with the remaining installments. Please advice your client.

a. foreclose the car and forego with the remaining unpaid installments b. cancel the sale and take possession over the car c. file a collection case for the remaining unpaid installments d. take an option on any of the above-solution

Note : Under the theory of cognition, the acceptance is considered to effectively bind the offeror only from the time it came to his knowledge. Under the theory of manifestation, the contract is perfected at the moment when the acceptance is declared or made by the offeree.