Roman Law

Name: ______________________________________________
Year and Section:________________ Date: ________________
Professor: ___________________________________________
1. The following are common causes for disinheritance in the
Civil Code EXCEPT:
A. Accusation of testator for a crime
B. Attempt against the life of testator
C. Compelling testator by fraud to change the will
D. Marriage of a daughter without parental consent
2. The following are the order of intestate succession under the
Justinian law EXCEPT
A. Brothers and sisters of the whole blood
B. Collaterals which are nearest in degree
C. Descendants, including children by adoption
D. Persons under Patria potesta
3. N, a 21 year old foreigner, volunteered to be a witness to a will
of H, who is a stranger to N. Can N be a witness?
A. No because N is a foreigner.
B. No because N is a stranger to H.
C. Yes because N is of legal age.
D. Yes because N freely gave consent.
4. An act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the disposition of
this estate, to take effect after his death.
A. Consent
C. Succession
B. Inheritance
D. Will
5. Article 804 of the NCC states that every will must be in writing
and executed in a language or dialect known to the testator.
A. Always False
C. Such is governed by Art. 800

B. Always TrueD. Validated by legal capacity

6. H died leaving a will without designation of shares. As such,
heirs shall inherit
A. As governed by law on consanguinity.
B. Based the law on affinity.
C. In accordance with the heirs agreement.
D. In equal parts.
7. It is the capacity to make a will, to receive under a will or to be
witness to a will.
A. Capitis diminution
C. Parentis inter liberos
B. De militari Testamento D. Testamenti factio
8. R wanted to revoke his will, so he threw it into a stove so that
it would be burned later on when a fire would be lighted in the
stove. However the will was later removed by P from the stove
before the stove was lighted. Was there revocation?
A. No because there was no intent to revoke.
B. No because of the absence of the overt act of burning.
C. Yes because there was an intention to revoke.
D. Yes because the means was through fire.
9. Witnesses to a will as governed by Roman law and the New
Civil Code include:
I. Captives II. Deaf and Dumb III. Foreigners IV. Slaves
A. I and II B. I, III and IV C. II and III D. III and IV
10. W made a will making D his heir. W then learned that D was
dead, so he made another will instituting E as heir. If D turns out
to be still alive, who inherits?
A. D and E equally inherit by virtue of equality governing
succession.
B. D inherits by virtue of succession provided for in the
will before Ws death.
C. Inheritance is granted upon E because W expressly
changed his will before his death.
D. Inheritance is in favor of D because the revocation
was based on a false cause.

11. A person may execute a holographic will entirely written,

dated and signed. Who signs the holographic will?
A. Counsel B. Judge C. Prosecutor D. Testator
12. If conditions to a will are impossible and contrary to law or
good customs, the will shall be considered:
A. as not imposed
C. subject to prescription
B. imposed ipso facto
D. valid if signed by testator
13. The subsequent incompetence of the witness shall not
prevent the allowance of the will if during the attestation
A.
The witness was competent.
B.
The witness was of legal age.
C.
The witness was under oath.
D.
The witness was a relative.
14. A legacy is constituted validly but the will is void or voidable.
In effect the legacy,
A.
Becomes valid by prescription
B.
Cannot produce effect
C.
Cannot be ratified
D.
Valid upon death of testator
15. The following are true EXCEPT
A. Every fideicommissary substitution must be expressly
made in order that it may be valid.
B. Provisions on fideicommissary substitution which
contain a perpetual prohibition to alienate shall not
take effect.
C. The first test to a valid will is to find out if the testator
has the legal capacity to make a testament.
D. To make a valid will, the testator must have the legal
capacity to execute it in the form he deemed
acceptable.