2011 BAR MCQs

Birth determines personality. Death extinguishes it. Under what circumstances may the
personality of a deceased person continue to exist?
a) In the settlement of the estate of a deceased person.
b) In case of declaration of presumptive death of a missing spouse.
c) In case of re-appearance of a missing person presumed dead.
d) In protecting the works of a deceased under intellectual property laws.
e)
Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the
pain of the legacy of P100 Million in her favor becoming a nullity. But a year after Fernandos
death, Marina was so overwhelmed with love that she married another man. Is she entitled to
the legacy, the amount of which is well within the capacity of the disposable free portion of
Fernandos estate?
a) No, since such prohibition is authorized by law and is not repressive; she could remarry but must
give up the money.
b) Yes, since the prohibition against remarrying is absolute, it is deemed not written.
c) No, because the nullity of the prohibition also nullifies the legacy.
d) Yes, because the prohibition is inhuman and oppressive and violates Marinas rights as a free
woman.
Can future inheritance be the subject of a contract of sale?
a) No, since it will put the predecessor at the risk of harm from a tempted buyer, contrary to public
policy.
b) Yes, since the death of the decedent is certain to occur.
c) Yes, but on the condition that the amount of the inheritance can only be ascertained after the
obligations of the estate have been paid.
d) No, since the seller owns no inheritance while his predecessor lives.
When does a declaration of absence of a missing person take effect?
a)
b)
c)
d)

Immediately from the issuance of the declaration of absence.

15 days from the issuance of the declaration of absence.
3 months after the publication of the declaration of absence.
6 months after the publication of the declaration of absence.

Ric and Josie, Filipinos, have been sweethearts for 5 years. While working in a European
country where the execution of joint wills are allowed, the two of them executed a joint
holographic will where they named each other as sole heir of the other in case either of them
dies. Unfortunately, Ric died a year later. Can Josie have the joint will successfully probated in
the Philippines?
a) No, since Philippine law prohibits the execution of joint wills and such law is binding on Ric and Josie
even abroad.
b) Yes, since they executed their joint will out of mutual love and care, values that the generally
accepted principles of international law accepts.
c) Yes, since it is valid in the country where it was executed, applying the principle of lex loci
celebrationis.
d) Yes, in the highest interest of comity of nations and to honor the wishes of the deceased.
Pepito executed a will that he and 3 attesting witnesses signed following the formalities of
law, except that the Notary Public failed to come. Two days later, the Notary Public notarized
the will in his law office where all signatories to the will acknowledged that the testator signed
the will in the presence of the witnesses and that the latter themselves signed the will in the
presence of the testator and of one another. Was the will validly notarized?
a) Yes, but the defect in the mere notarization of the will is not fatal to its execution.

b) No, since the notary public did not require the signatories to sign their respective attestations
again.
c) Yes, since the Notary Public has to be present only when the signatories acknowledged the acts
required of them in relation to the will.
d) No, since it was not notarized on the occasion when the signatories affixed their signatures on the
will.
The testator executed a will following the formalities required by the law on succession
without designating any heir. The only testamentary disposition in the will is the recognition of
the testator's illegitimate child with a popular actress. Is the will valid?
a)
b)
c)
d)

Yes, the recognition of an illegitimate heir is an ample reason for a will.

No, because the non-designation of heirs defeats the purpose of a will.
No, the will comes to life only when the proper heirs are instituted.
Yes, since in recognizing his illegitimate child, the testator has made him his heir.

Joanne married James, a person with no known relatives. Through James' hard work, he and his
wife Joane prospered. When James died, his estate alone amounted to P100 million. If, in his
will, James designates Joanne as his only heir, what will be the free portion of his estate.
a)
b)
c)
d)

Joanne
Joanne
Joanne
Joanne

gets
gets
gets
gets

1/4; the remaining 3/4 is free portion.

all; estate has no free portion left.
1/2; the other half is free portion.
1/3; the remaining 2/3 is free portion.

An Australian living in the Philippines acquired shares of stock worth P10 million in food
manufacturing companies. He died in Manila, leaving a legal wife and a child in Australia and a
live-in partner with whom he had two children in Manila. He also left a will, done according to
Philippine laws, leaving all his properties to his live-in partner and their children. What law will
govern the validity of the disposition in the will?
a) Australian law since the intrinsic validity of the provisions of a will is governed by the decedents
national law.
b) Philippine law since the decedent died in Manila and he executed his will according to such law.
c) Philippine law since the decedents properties are in the Philippines.
d) Australia law since his legal wife and legitimate child are Australians and domiciled in Australia.
In a case, a very old woman executed a will. A friend, a cousin, and a notary public came to
witness the will. Due to old age she thumbmarked the will instead of signing it. The friend
signed the pages on the right margin, thinking it looked better. The cousin did not see this
because his eyes were on a painting that hanged on a nearby wall. Finally, the notary public
notarized the will. The will is invalid because
a)
b)
c)
d)

the cousin looked away just as the friend was signing the will.
the testator failed to subscribe the will.
the friend signed at the right margin.
of lack of sufficient witnesses

2012 BAR MCQs

4. The capacity of an heir to succeed shall be governed by the:

a) national law of the decedents heirs

b) law of the country where the decedent was a resident at the time of his death
c) national law of the person who died
d) law of the country where the properties of the decedent are located.

5. Atty. BUKO, a Filipino, executed a will while he was in Spain. The attestation clause of the
said will does not contain Bukos signature. It is valid under Spanish law. At its probate in
Manila, it is being opposed on the ground that the attestation clause does not contain BUKOs
signature. Is the opposition correct? Choose the best answer.

a) Yes, because it is a fatal defect.

b) Yes, the will is not valid under Philippine law.
c) No, attestation clause is not an act of the testator.
d) No, the governing law is Spanish law.

6. Ramon, a Filipino, executed a will in Manila, where he left his house and located in BP
Homes Paraaque in favor of his Filipino son, Ramgen. Ramons other children RJ and Ramona,
both Turkish nationals, are disputing the bequest to Ramgen. They plotted to kill Ramgen.
Ramon learned of the plot, so he tore his will in two pieces out of anger. Which statement is
most accurate?

a) The mere act of Ramon Sr. is immaterial because the will is still readable.
b) The mere act of tearing the will amounts to revocation.
c) The tearing of the will may amount to revocation if coupled with intent of revoking it.
d) The act of tearing the will is material.

7. Even if the applicable law is a foreign law, a count in the Philippines may be constrained to
apply Philippine law under any of the following instances, except:

a) when the foreign law, judgment or contract is contrary to a sound and important public policy of
the forum;
b) when the property subject of the case is located outside of the Philippines;

c) when the foreign law or judgment is penal in nature;

d) when the foreign law is procedural in nature.

8. If a will is executed by a testator who was born a Filipino citizen but became naturalized
Japanese citizen at the time of his death, what law will govern its testamentary provisions if
the will is executed in China and the property being disposed is located in Indonesia?

a) Chinese law
b) Philippine law
c) Indonesia law
d) Japanese law

10. Pedro (Filipino) and his wife Jane (American) executed a joint will in Canada, where such
joint will is valid. In case the joint will is probated in Japan, what law will govern the
formalities of the joint will?
a) American law
b) Philippine law
c) Canadian law
d) Japanese law

11. A French national revokes his will in Japan where he is domiciled. He then changed his
domicile to the Philippines where he died. The revocation of his will in Japan is valid under
Japanese law but invalid under Philippine law. The affected heir is a Malaysian national
residing in the Philippines. What law will apply?

a) Japanese law
b) Philippine law
c) French law
d) Malaysian law

13. The will of a Filipino executed in a foreign country ---

a) cannot be probated in the Philippines;

b) may be probated in the Philippines provided that properties in the estate are located in the
Philippines;
c) cannot be probated before the death of the testator;
d) may be probated in the Philippines provided it was executed in accordance with the laws of the
place where the will was executed.

39. The following are the limitations on the right of ownership imposed by the owner
himself, except:

a) Will/Succession
b) Mortgage
c) Pledge
d) Lease

90. The requisites of succession are as follows, except:

a) Death of decedent
b) Transmissible estate
c) Existence and capacity of successor, designated by decedent or law
d) Payment of Taxes

91. The characteristics of succession are as follows, except:

a) It is a legal contract.

b) Only property, rights and obligations to the extent of the value of the inheritance are
transmitted.
c) The transmission takes place only at the time of death.
d) The transmission takes place either by will or by operation of law.

92. The following rights are extinguished by death, except:

a) Legal support
b) Parental authority
c) Right to inherit
d) Agency

93. The attestation clause contains the following, except:

a) the number of pages used;

b) that the testator signed or caused another to sign the will and every page thereof in the
presence of the instrumental witnesses;
c) notary public;
d) the instrumental witnesses witnessed and signed the will and all the pages thereof in the
presence of the testator and one another.
94. The following are the formalities required in the execution of holographic will, except:

a) Entirely written;
b) Dated;
c) Signed by testator himself
d) Notarized by a notary public.

95. The following are the grounds for disallowance of wills, except:

a) The formalities required by law have not been complied with.

b) The testator was insane or mentally incapable of making will.
c) The will was executed through force or under duress, or influence of fear or threats.
d) The will contains an attestation clause.

96. It is the omission in the testators will of one, some or all of the compulsory heirs in direct
line, whether living at the time of execution of the will or born after the death of the testator.
What principle is being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria

97. Any disposition made upon the condition that the heir shall make some provision in his will
in favor of the testator or of any other person shall be void. Here, both the condition and the
disposition are void. What principle is being referred to?

a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria

MOCK BAR QUESTIONS

1. A executed a will consisting of ten pages. At the probate, B, one of his children interposed
an opposition on the ground that one of the pages of the same has not been signed by A
and one of the witnesses. Rule on the opposition.
a. The testator and the instrumental witnesses must sign.
b. The defect is fatal if there is failure to have the original signatures.
c. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be
admitted.
d. The will should not be admitted.
2. A, a minor, executed a last will and testament. He died at the age of 21, after which his will
was submitted to probate. If you were the judge, would you approve it?

a.
b.
c.
d.

Yes, because the will is valid.

Yes, because the testator is capacitated.
No, because the will is void.
No, because the will is not in accordance with law.

3. The attestation clause of Xs will do not contain his signature. At its probate, it is being
opposed on that basis. Is the opposition correct? Choose the best answer.
a.
b.
c.
d.

Yes, because it is fatal defect.

Yes, the will is not valid.
No, attestation clause is not an act of the testator.
No, attestation clause is not a part of a will.

4. After A has executed a will, he tore it out of anger because B and C were disputing the fact
that a house and lot at San Lorenzo Village should have been given by A to C when the will
gives it to B. Discuss whether the will was revoked or not.
a.
b.
c.
d.

The
The
The
The

mere act of A is immaterial

tearing of the will may amount to revocation
tearing of the will may amount to revocation if coupled with intent of revoking it.
act of tearing the will is material.

11. Rights to succession are transmitted:

a.
b.
c.
d.

On
On
On
On

date of last will and testament

probate of will
death of testator
date of death of surviving heir

12. What law shall determine the validity of a will?

a.
b.
c.
d.

The
The
The
The

national law of testator

law at the time it is made
law at the time of probate of the will
law at the time of death of the testator

13. A holographic has no date except one found on the first page, is the will valid?
a.
b.
c.
d.

Yes, because the law does not specify the place where the date should be placed.
No, because the date should be after the signature of the testator.
No, because it did not follow the requirements of law.
Yes, because the intention of the testator must be respected.

14. In case a holographic will is lost, can it still be probated?

a.
b.
c.
d.

No, because the best and only evidence of the handwriting is the will itself.
No, the probate court has no jurisdiction.
No, because the testator is still living.
Yes, because secondary evidence may be presented.

17. After the probate of a will, may a case for forgery be filed against an instituted heir?
a.
b.
c.
d.

No, because the probate of the will is an evidence of its due execution and authenticity.
No, because the probate of the will is a justifying circumstance.
Yes, because a forgery is a criminal action.
Yes, because this is a statutory right.

20. What are the objectives of Probate proceedings?

a. Probate proceedings seek to establish the identity of the will, its genuineness and due execution, and
the testamentary capacity of the testator.
b. Probate seeks to determine whether the will is formally valid.
c. Probate seeks to determine whether the will is intrinsically valid.
d. Both b and c are correct.
e. Both a and b are correct.
27. Can a criminal convicted of a crime which carries civil interdiction execute his will?
a.
b.
c.
d.

Yes, it is his statutory right.

No, it is an accessory penalty.
Yes, it only prohibits disposition of property inter vivos, not mortis causa.
No, it is inconsistent with public policy.

28. Spouses M and N executed two (2) separate wills containing the same provisions. After
their death, their compulsory heirs filed a petition for joint probate of their wills. One of
the voluntary heirs objected because joint probate is invalid. Is the objection tenable?
a.
b.
c.
d.

Yes, joint wills are not allowed in the Civil Code.

Yes, because the wills have different voluntary heirs.
No, because M and N are spouses.
No, because practicable considerations dictate the joint probate of the wills.

31. A complaint of forgery was filed against instituted heir after the allowance of probate of
the testators will. Will this action prosper?
a.
b.
c.
d.

No, the probate of the will is an evidence of the due execution of the will.
No, the probate is a justifying circumstance.
Yes, forgery is a criminal action.
Yes, this is a statutory right.

123. Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and
Benjamin to be witnesses during the day of the signing of her will, Clara fell down the stairs
and broke both her arms. Coming from the hospitals, Clara insisted on signing her will by
thumb mark and said that she can sign her full name later. While the will was being signed,
Roberta, experienced a stomach ache and kept going to the restroom for long period of time.
Hannah while waiting for her turn to sign the will, was reading the 7 th Harry Potter book on
the couch, beside the table on which everyone was signing Benjamin, aside from witnessing
the will. Also offered to notarize it. A week after, Clara was run over by a drunk driver while
crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give your
reasons briefly.
a. Yes, because the testatrix signed the will in the presence of 4 credible witnesses and the
credible witnesses signed the will in the presence of the testatrix and of one another.
b. Yes, because the testatrix signed the will in the presence of 3 credible witnesses and the 3
credible witnesses signed the will in the presence of the testatrix and of one another.
c. No, because there were only two credible witnesses who attested and signed the will in the
presence of the testatrix and of the one another.
d. No, because the testatrix did not intend for her thumbmark to be the signature.

124. In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting
reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad
and Jennifer broke up. While Brad was mending his broken hearth, he met Angie and fell
in love. Because the Picasso painting reminded Angie of him, Brad in his will
bequeathed the painting to Angie. Brad died 1995. Saddened by Brads death, Jennifer
asked for the Picasso painting as a remembrance of him. Angie refused and claimed
that Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not?
a.
b.
c.
d.

Yes, because the painting was owned by Brad

Yes, because the painting was given as legacy to her by Brad.
No. because the real owner of the painting was Jennifer.
Yes, because the painting was given to Brad as a gift by Jennifer.