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POLITICAL LAW -- 15%

1.) What vote is required for Congress to submit to the electorate the question
of calling a constitutional convention?

A. A vote of two-thirds of all its Members.


B. A vote of two-thirds of a quorum.
C. A majority vote of all its Members.
D. A majority vote of a quorum.

2.) The Supreme Court will entertain a constitutional question only if it is


determinative of the case itself because

A. it would prejudice the administration of justice.


B. the separation of powers demands respect due the other departments.
C. the Court would not have acquired jurisdiction over the case.
D. there is no actual case or controversy that justifies such a review.

3.) Which is unconstitutional for being an invalid exercise of police power?

A. A law prohibiting the use of motor vehicles on certain days of the week.
B. A law imposing rent control.
C. A law prescribing minimum standards for the practice of the engineering
profession.
D. A law prohibiting the sale of cigarettes to young men and women ages 18 to
25.

4.) An artificial being created by operation of law, having the right of succession
and the powers, attributes and properties expressly authorized by law or
incident to its existence.

A. estate
B. de jure partnership
C. implied trust
D. corporation

Answers: 1.) C 2.) B 3.) D 4.) D

LABOR LAW -- 10%

Labor Standards
1.) This is issued by DOLE authorizing a person or entity to operate a private
employment agency.

a. License
b. Document
c. Authority
d. Charter party

2.) The following may engage in the recruitment and placement of workers,
locally and overseas, except:
a. Public employment offices
b. Private employment agencies
c. Shipping or manning agents
d. Local employment agencies

3.) Direct hiring of Filipino workers for overseas employment is not allowed.
The following are not covered by this rule, except:

a. Members of the diplomatic corps


b. International organizations
c. Multinational Corporations
d. Name hirees

4.) The accused X and Y represented themselves to complainants A and B to


have the capacity to send workers abroad, although they did not have any
authority or license. It is by this representation that they induced
complainants to pay a placement fee. X and Y may also be liable for

a. Illegal recruitment by economic sabotage


b. Illegal recruitment in large scale
c. Syndicated Illegal recruitment
d. Estafa

5.) The Labor Code applies to:

a. Employees in a government corporation incorporated under the Corporation


Code
b. International Agencies
c. Employees of government corporations created by special or original charter
d. Government employees

6.) Which of the following is the most essential element without which there is
no employer-employee relationship.

a. Hiring
b. Control
c. Firing
d. Payment of wages

7.) Who has jurisdication over all money claims of overseas filipino workers
arising from employer-employee relationship?

a. labor arbiters
b. POEA
c. regular courts
d. voluntary arbitrators

8.) A Filipino serviceman who is working in a US military installation in


Pakistan is mandatorily required by law to remit to his family or dependents in
the Philippines ____ of his foreign exchange earnings.

a. 70 per cent
b. 50 per cent
c. 80 per cent
d. none
9.) Illegal recruitment involving economic sabotage prescribes in:

a. 10 years
b. 20 years
c. 5 years
d. imprescriptible

10.) Being the judge of the trial court, you found the accused Jonie guilty of
simple illegal recruitment. The proper penalty you would impose would be

a. life imprisonment
b. prision correctional
c. prision mayor
d. destierro

11.) Statement A - A company that exercises its prerogative to dismiss is not


allowed to turn around and deny employee-employer relationship.

Statement B - Alleging abandonment indicates employer-employee relationship.

a.) Both statements are true


b.) Both statements are false
c.) Only statement A is true
d.) Only statement B is true

12.) Statement A - It is the employer’s duty to inform the probationary


employee reasonable work standards.

Statement B -The employer may terminate the services of probationary


employee without valid cause as long as such termination is done within the
six month trial period.

a) Both statements are true


b) Both statements are false
c) Only statement A is true
d) Only statement B is true

Answers: 1.) a 2.) d 3.) c 4.) d 5.) b 6.) b 7.) a 8.) d 9.) b 10.) c 11.) a 12.) c

1. The government-owned and –controlled corporations “with original charter”


refer to corporations chartered by special law distinguished from corporations
organized under our general incorporation statute, the Corporation Code.
Thus, under the present state of the law, GOCCs with original charter are
subject to what law?

A. Labor Code
B. Corporation Code
C. Civil Service Law
D. Civil Service Rules

2. In the case of Euro-Linea Phils. Inc. vs. National Labor Relations


Commission, it was held that in interpreting the Constitution’s protection to
labor and social justice provisions and the labor laws and rules and regulations
implementing the constitutional mandate, the Supreme Court adopts what
approach which favors the exercise of labor rights?

A. Labor’s Welfare
B. Liberal’s Approach
C. Liberal Worker’s Approach
D. Laborer’s Approach

3. There are important principles for the entitlement to Maternity Leave under
the SSS law. One of this is:

A. Full payment shall be advanced by the employer within 30 days from the
filing of the maternity leave application
B. Full payment shall be advanced by the employer within 15 days from the
filing of the maternity leave application
C. Maternity benefits shall be paid only for the first 2 deliveries of miscarriages
D. Maternity benefits shall be paid only for the first 5 deliveries of miscarriages

4. Under RA 9262 on Battered Woman Leave, it provides that an employee is


entitled to a paid leave of up to 10 days in addition to other paid leaves under
the Labor Code, other laws and company policies, provided the following
requisites must be present, except for one invalid requisite:

A. Employee is a woman
B. She is a victim of physical, sexual or psychological violence
C. She applies for the issuance of the protection order
D. She can claim administrative and court order to claim such leave

5. Under RA 8187 on Paternity Leave Act of 1996, paternity leave refers to the
benefits granted to the following employees:

A. Both male and female employees in public sectors only


B. Both male and female employees in private sectors only
C. All married male employees in the public and privates sectors
D. All married male employees in the private sectors

6. Anti-Sexual Harassment Act is committed by any person having:

A. Authority or Influence
B. Authority, influence, moral ascendancy over another in a work or education
or training environment, and who demands, requests or otherwise requires any
lascivious favor which would result in a hostile or offensive environment
C. Authority, influence, moral ascendancy over another in a work or education
or training environment, and who demands money which would result in a
hostile or offensive environment
D. Authority, influence, moral ascendancy over another in a work or education
or training environment, and who demands, requests or otherwise requires any
sexual favor which would result in a hostile or offensive environment

7. Anti-Child Abuse Act, or otherwise known as, “An Act Providing for Stronger
Deterrence and Special Protection against Child Abuse, Exploitation and
Discrimination, providing Penalties for its Violation and for Other Purposes,”
was strengthened by what Republic Act?

A. RA 7658
B. RA 7758
C. RA 7856
D. RA 7652

8. In Article 151 of the Labor Code, it implied that since the relationship
between the employer and the househelper is a fiduciary one, the Court cannot
order the employer to re-hire the househelper, even if the latter was unjustly
dismissed. Is this valid?

A. No, the employer cannot re-hire the househelper


B. No, the employer can indemnify the househelper
C. Yes, the Court can order the employer to re-hire the househelper
D. Yes, the Court cannot order the employer to re-hire the househelper, by
operation of the law

9. All rights and benefits granted to workers under the Labor Code shall,
except as may otherwise be provided in the Code, apply alike to all workers,
whether:

A. Agricultural or commercial
B. Agricultural or industrial
C. Agricultural or non-agricultural
D. Non-industrial or non-commercial

10. Complaints for violation of labor standards and the terms and conditions of
employment involving money claims of homeworkers exceeding PhP5,000 per
homeworker shall be heard and decided by the:

A. Regional Director
B. Labor Arbiter in the NLRC
C. Secretary of Labor
D. Homeworkers Union

11. In the case of People v. Panis, which defined “Recruitment and Placement”
in Article 13 (b), the Court ruled that:

(a) That the number of persons is an essential ingredient of the act of


recruitment and placement of workers.
(b) That the number of persons is not an essential ingredient of the act of
recruitment and placement of workers.
(c) That the number of workers is essential to the employment.
(d) That the number of workers are not essential to the employment.

12. To pursue its responsibility to promote employment opportunities, the


DOLE carries out programs for local and overseas employment. However,
effective allocation of manpower resources in local employment is assigned to
the:

(a) National Labor Relations Commission (NLRC)


(b) Philippine Overseas Employment Administration (POEA)
(c) Bureau of Local Employment (BLE)
(d) Department of Labor and Employment (DOLE)

13. It shall be the duty of every employer to furnish his employees in any
locality with free medical and dental attendance and facilities. If the
company/industry has one hundred (100) employees and exceeds to three
hundred (300), what does the provision stipulates?
(a) The services of full-time physician, dentist and a full-time registered nurse
as well as a dental clinic, and an infirmary or emergency hospital with one bed
capacity.
(b) The services of a full-time registered nurse, a part-time physician and
dentist, and an emergency clinic.
(c) The services of a full-time registered nurse.
(d) None of the above

14. Which of the following is NOT a policy of the State?

(a) To promote and maintain a state of full employment through improved


manpower training, allocation and utilization.
(b) To protect every citizen desiring to work locally or overseas by securing for
him the best possible terms and condition of employment.
(c) To facilitate a free choice of available employment by persons seeking work
in conformity with the national interest.
(d) To ignore the movement of workers in conformity with the national interest.

15. Article 40 requires only non-resident aliens to secure employment permit.


Resident aliens are not required. For immigrants and resident aliens what is
required is an:

(a) Employer-Employee Contract


(b) Alien Permit
(c) Alien Employment Registration Certificate
(d) Business Permit

16. Apprenticeship is the arrangement and the period when an upcoming


worker undergoes hands-on training, more or less formal, to learn the ropes of
a skilled job. This program aims to:

(a) help meet the demand of the economy for trained manpower.
(b) establish a national apprenticeship program through the participation of
employers, workers and government and non-government agencies.
(c) establish apprenticeship standards for the protection of apprentices.
(d) All of the Above

17. When the death of a seaman resulted from a deliberate or willful act on his
own life, and it is directly attributable to the seaman himself, such death is:

(a) not compensable


(b) compensable
(c) maybe compensable
(d) valid
18. Who are NOT covered by the 24-Hour Duty Doctrine?

(a) Soldiers
(b) Doctors
(c) Policemen
(d) Peace Officers

19. Rafael was dismissed from overseas employment without just, valid or
authorized cause, can he claim full reimbursement of his placement fee? And
can he obtain other benefits, if any?
(a) None, because of premature termination of contract.
(b) Yes, he can claim full reimbursement of his placement fee without other
benefits.
(c) Yes, he can claim full reimbursement of his placement fee with interest at
12% per annum, plus his salary for the unexpired portion of his employment
(d) None of the above

20.) Maria is a domestic helper of a Filipino business tycoon based in


California, USA where she complains about money claims. The Labor Code,
under the Migrant Workers’ Law, do the statute and regulations limit the
coverage to non-Filipino or alien employers only?

(a) No, because nationality is immaterial


(b) Yes, because aliens are the ones covered under the law
(c) All of the above
(d) None of the Above

CIVIL LAW -- 15%

1. The majority age begins at the age of

A. 21
B. 20
C. 18
D. 16

2. Who may solemnize marriage anywhere in the Philippines?

A. A Consul-general
B. A Court of Appeals justice
C. A ship captain
D. A military commander

3.To be enforceable, when must a contract comply with the Statute of Frauds?
When by its terms it is to be performed beyond

A. a year from its making.


B. 5 years from its making.
C. a year from its ratification.
D. 5 years from its ratification.

4.) An uninterrupted possession for a statutory period of time without the need
of just title and good faith are requisites for

A. laches.
B. prescription of actions.
C. ordinary acquisitive prescription.
D. extraordinary acquisitive prescription.

5.) Sonny, a Filipino citizen, obtained in a divorce in Canada from his wife,
Lulu, also a Filipino citizen. Is the divorce valid and binding?

A. It is not since Philippine law binds Filipinos abroad and it does not permit
divorce.
B. It is since Philippine law does not operate in Canada.
C. It is not since Philippine law is recognized in Canada.
D. It is since international law demands local recognition of foreign acts.

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

Answers: 1.) C 2.) B 3.) A 4.) D 5.) A 6.) D

TAXATION -- 10%

1.) Fringe Benefit Tax is payable by the


A. Employee
B. Donor
C. Employer
D. Beneficiary

2.) The following can claim for a tax credit, except


A. Citizen
B. Beneficiary of an estate or trust
C. Member of a General Professional Partnership
D. Foreign corporation

3.) Optional Standard Deduction is applicable to all individuals except


A. Resident Aliens
B. Non-resident aliens
C. Resident Citizens
D. Non-resident Citizen

4.) A fringe benefit may be subject to fringe benefit tax if received by


A. any employee
B. rank and file employees
C. managerial employees
D. Stockholders

5.) A laundry allowance of P300 per month is an example of


A. fringe benefit
B. allowance
C. tax benefit
D. de minimis benefit

6.) Which of the following forms part of the stages of taxation?


A. payment and filing
B. filing and collection
C. withholding and levying
D. assessment and payment
7.) Any good, service or other benefit furnished or granted in cash or in kind by
an employer to an individual employee refers to
A. de minimis benefit
B. company benefit
C. fringe benefit
D. annuity

8.) Fringe benefit tax is imposed on the fringe benefit's


A. fair market value
B. actual monetary value
C. grossed-up monetary value
D. assessed value

9.) The following fringe benefits are not taxable except


A. fringe benefits which are authorized and exempted from tax under special
laws
B. life or health insurance and other non-life insurance premiums or similar
amounts in excess of what the law allows
C. benefits given to the rank and file employees, whether granted under a
collective bargaining agreement or not
D. de minimis benefits

10.) Deductions from gross income are not allowed to taxpayers earning
compensation income arising from personal services rendered under an
employer-employee relationship, except
A. bad debts
B. ordinary and necessary trade, business or professional expenses
C. charitable and other contributions
D. premium payments on health and/or hospitalization insurance of an
individual taxpayer

11.) X is a Brazilian citizen working as a host and model in a local television


show here in the Philippines. X is therefore taxable as a
A. non resident alien engaged in trade or business
B. resident alien
C. foreign citizen
D. resident citizen

12.) The following dividends are taxable except


A. property dividends
B. liquidating dividends
C. cash dividends
D. stock dividends

13.) Under the tax code, the following are income taxpayers, except:

a. GOCC
b. Estate and Trust
c. Min wage income earners
d. non-resident foreign corp.

Answers: 1.) C 2.) D 3.) B 4.) C 5.) D 6.) D 7.) C 8.) C 9.) B 10.) D 11.) B 12.) B
13.) c

MERCANTILE LAW (COMMERCIAL LAW) -- 15%

1.) The bank deposit secrecy law bars all inquiries into a bank deposit. A
deposit may, however, be looked into
A. after prior notice to the depositor.
B. upon court order in annulment of marriage cases.
C. in cases of impeachment.
D. on motion in a bribery case.

2.) A draws a bill payable to B or order with X, as the drawee. The bill was
successively endorsed to C, D, E and F, holder. X does not pay and F has duly
protested non-payment. Y pays for the honor of C. Which of the following
statement is wrong?

A. D is discharged.
B. E is discharged.
C. C is discharged.
D. Y can ask reimbursement from A.

3.) When an endorser waives presentment and notice of dishonor, he increases


his liability. His endorsement is:

A. Facultative endorsement
B. Qualified endorsement
C. Alternative endorsement
D. Restrictive endorsement

4.) Ariel issued a note to Brando. There was a total failure of consideration.
Brando issued the note for consideration to Cecil who is a holder in due
course. Cecil indorsed the note to David who knew of the failure of
consideration. Can David successfully collect from Ariel?

A. No, because David knew the failure of consideration.


B. No, although David acquired the rights of Cecil, a holder in due course and
he was not a party to any illegality.
C. Yes, because David acquired the note for consideration.
D. No, because David is not a holder in due course.

5.) The SEC, after notice and hearing, may dissolve a corporation upon filing of
a verified petition for the dissolution, on grounds provided by law. Which of the
following statement is not correct?

a. In case of deadlock in the management of the affairs and business of a close


corporation, the SEC, upon written petition by any stockholder, shall have the
power to make such order as it deems appropriate, including an order
dissolving the corporation.
b. Any stockholder of a corporation may, by written petition to the SEC, compel
the dissolution of the corporation whenever any acts of its directors, officers or
those in control of the corporation is illegal, fraudulent or dishonest.
c. The SEC can automatically issue a certificate of dissolution in case a
corporation filed for its dissolution and there are creditors affected provided
that majority of the board of directors or trustee consented to such action.
d. The SEC, after notice and hearing, may dissolve a corporation in case there
are violations of the provisions of the Corporation Code not specially penalized
therein.

6.) Which of the following will cause the automatic dissolution of a corporation?

a. Commission by the corporation of an ultra vires act


b. Continuous non-operation for a period of at least 5 years
c. Refusal to comply with or defiance of any lawful order of the SEC restraining
commission of acts which would amount to grave violation of its franchise
d. None of the above

7.) SUJU Corporation, through its Board of Directors and with the unanimous
approval of the stockholders declared to grant stock dividends to its
stockholders for the year 2008 amounting to 79 Billion Pesos. After examining
the books and other records of the corporation, Sungmin Lee, Vice President
for Finance, discovered that the authorized capital stock of the Corporation is
almost depleted, that is – almost all were already issued and the remaining
cannot accommodate the needed stocks for stock dividend distribution. The
Corporation though was liquid in cash and has retained earnings amounting to
365 Billion Pesos. How should the Board of Directors of SUJU Corporation best
act on it?

a. Issue a Board Resolution deferring the distribution of dividends for the said
year.
b. Increase the authorized capital stock and amend the Articles of
Incorporation of SUJU Corporation to cater to the needed stocks for stock
dividend distribution.
c. Divide the remaining unissued stocks pro rata to the stockholders as stock
dividends.
d. Recall its previous Resolution declaring stock dividends and in its stead,
issue another Resolution declaring cash dividends for year 2008.

8.) FYI Corporation has increased its capital stock and new shares of stock are
issued. The stockholders of FYI Corp wish to exercise their pre-emptive right
regarding the shares to be issued. Which of the following shares does a pre-
emptive right of stockholders extends?

a. to shares to be issued in compliance with laws requiring stock offerings or


minimum stock ownership by the public
b. to shares to be issued in good faith with the approval of stockholders
representing 2/3 of the outstanding capital stock in exchange for property
needed for corporate purposes
c. to shares to be issued in good faith with the approval of the stockholders
representing 2/3 of the outstanding capital stock in payment of previously
contracted debt
d. treasury shares reacquired using the funds from the surplus profits of the
corporation which could have been declared as dividends

9.) The following instances are considered as “indicators” that a foreign


corporation is “transacting business” in the Philippines, even without securing
a license, except

a. Soliciting orders, purchases and service contracts


b. Subscribing shares of stock from a domestic corporation
c. Engaging into continuous business acts or transactions
d. Participating in the management, supervision or control of any domestic
business firm, entity or corporation in the Philippines

10.) Which among the following is not a necessary result or consequence when
a foreign corporation secures a license and/or registers?

A. the foreign corporation can do regular business in the Philippines


B. the foreign corporation can avail the aid of the Philippine courts and sue
C. the foreign corporation may be sued in any regular court for any valid cause
of action recognized under Philippine laws.
D. the foreign corporation can intervene in any action, suit or proceeding in
any court or administrative agency

11.)Assuming all the other requisites of negotiability are present, which of the
following instruments is NOT payable to bearer?

a. "Pay to the order of Cash."


b "Pay to the order of Jose Rizal, national hero."
c. "Pay to Pedro Padernal, bearer."
d. "Pay to Pedro Padernal or bearer."

12.) Unless the by-laws provide otherwise, written notice of regular meetings
shall be sent to all stock holders of record:

a. at least one day prior to the meeting


b. at least two days prior to the meeting
c. at least one week prior to the meeting
d. at least two weeks prior to the meeting

Answers: 1.) c 2.) c 3.) a 4.) c 5.) d 6.) d 7.) b 8.) d 9.) b 10.) b 11.) c 12.) d

CRIMINAL LAW -- 10%

1. Badong, with evident premeditation and treachery killed his father. What
was the crime committed?

a. Murder
b. Parricide
c. Homicide
d. Qualified Homicide

2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on
suspicion that Totoy keep unlicensed firearms in his home. What was the
crime committed by PO3 Bagsik?

a. Trespass to Dwelling
b. Violation of Domicile
c. Usurpation Of Authority
d. Forcible Trespassing

3. Berung and Betang had been married for more than six months. They live
together with the children of Betang from her first husband. Berung had sexual
relationship with Bea, the 14 year old daughter of Betang. Bea love Berung
very much. What was the crime committed by Berung, if any?

a. Simple Seduction
b. Qualified Seduction
c. Consented Abduction
d. Rape

4. Prof. Dabcat gave a failing grade to one of his students, Sixto. When the two
met the following day, Sixto slapped Prof. Dabcat on the face. What was the
crime committed by Sixto?
a. Corruption of Public Officials
b. Direct Assault
c. Slight Physical Injuries
d. Grave Coercion

5. A warrant of arrest was issued against Pekto for the killing of his parents.
When PO2 Tapang tried to arrest him, Pekto gave him 1 million Pesos to set
him free. PO2 Tapang refrained in arresting Pekto. What was the crime
committed by PO2 Tapang?

a. Indirect Bribery
b. Direct Bribery
c. Corruption of Public Officials
d. Qualified Bribery

6. Exemption to the hearsay rule made under the consciousness of an


impending death.

a. parol evidence b. ante mortem statement


c. suicide note d. dead man statute

7. The meaning of factum probans.

a. preponderance of evidence
b. ultimate fact
c. evidentiary fact
d. sufficiency of evidence

8. It refers to family history or descent transmitted from one generation to


another.

a. inheritance
b. heritage
c. pedigree
d. culture

9. The authority of the court to take cognisance of the case in the first
instance.

a. Appellate Jurisdiction
b. General Jurisdiction
c. Original Jurisdiction
d. Exclusive Jurisdiction

10. A person designated by the court to assist destitute litigants.

a. Counsel de officio
b. Attorney on record
c. Attorney at law
d. Special counsel

11. Which of the following is not covered by the Rules on Summary Procedure?

a. Violation of rental laws


b. Violation of traffic laws
c. The penalty is more than six months of imprisonment
d. The penalty does not exceed 6 months imprisonment

12. It refers to a territorial unit where the power of the court is to be exercised.

a. jurisdiction b. jurisprudence
c. venue d. bench

13. The Anti-Bouncing Check Law.

a. RA 6425 b. RA 8353
c. BP 22 d. RA 6975

14. The taking of another person’s personal property, with intent to gain, by
means of force and intimidation.

a. qualified theft b. robbery


c. theft d. malicious mischief

15. Felony committed when a person compels another by means of force,


violence or intimidation to do something against his will, whether right or
wrong.

a. grave threat b. grave coercion


c. direct assault d. slander by deed

16. Persons having no apparent means of subsistence but has the physical
ability to work and neglects to apply himself or herself to lawful calling.

a. pimps b. prostitutes
c. gang members d. vagrants

17. A medley of discordant voices, a mock serenade of discordant noises


designed to annoy and insult.

a. tumultuous b. charivari
c. sedition d. scandal

18. The unauthorized act of a public officer who compels another person to
change his residence.

a. violation of domicile b. arbitrary detention


c. expulsion d. direct assault

19. The deprivation of a private person of the liberty of another person without
legal grounds.

a. illegal detention b. arbitrary detention


c. forcible abduction d. forcible detention

20. An offense committed by a married woman through carnal knowledge with


a man not her husband who knows her to be married, although the marriage
be later declared void.

a. concubinage b. bigamy
c. adultery d. immorality
21. Age of absolute irresponsibility in the commission of a crime.

a. 15-18 years old b. 18-70 years old


c. 9 years old and below d. between 9 & 15 years old

22. Those who, not being principals cooperate in the execution of the offense by
previous or simultaneous acts.

a. accomplices b. suspects
c. principal actors d. accessories

23. The loss or forfeiture of the right of the government to execute the final
sentence after the lapse of a certain time fixed by law.

a. prescription of crime
b. prescription of prosecution
c. prescription of judgement
d. prescription of penalty

24. A kind of executive clemency whereby the execution of penalty is


suspended.

a. pardon b. commutation
c. amnesty d. reprieve

25. Infractions of mere rules of convenience designed to secure a more orderly


regulation of the affairs of the society.

a. mala prohibita b. mala in se


c. private crimes d. public crimes

26. Felony committed by a public officer who agrees to commit an act in


consideration of a gift and this act is connected with the discharge of his public
duties.

a. qualified bribery b. direct bribery


c. estafa d. indirect bribery

27. The wilful and corrupt assertion of falsehood under oath of affirmation,
administered by authority of law on a material matter.

a. libel b. falsification
c. perjury d. slander

28. Deliberate planning of act before execution.

a. treachery b. evident premeditation


c. ignominy d. cruelty

29. Whenever more than 3 armed malefactors shall have acted together in the
commission of a crime.

a. gang b. conspiracy
c. band d. piracy
30. The failure to perform a positive duty which one is bound to.

a. negligence b. imprudence
c. omission d. act

31. Ways and means are employed for the purpose of trapping and capturing
the law breaker in the execution of his criminal plan.

a. misfeasance b. entrapment
c. inducement d. instigation

32. Those where the act committed is a crime but for reasons of public policy
and sentiment there is no penalty imposed.

a. impossible crimes
b. aggravating circumstances
c. absolutory causes
d. complex crimes

33. An alternative circumstance.

a. insanity b. intoxication
c. passion or obfuscation d. evident premeditation

34. If the accused refuse to plead, or make conditional plea of guilty, what shall
be entered for him?

a. a plea of not guilty b. a plea of guilty


c. a plea of mercy d.plea of surrender

35. At what time may the accused move to quash the complaint or
information?

a. at any time before his arrest


b. only after entering his plea
c. any time before entering his plea
d. Monday morning

36. The process whereby the accused and the prosecutor in a criminal case
work out a mutually satisfactory disposition on the case subject to court
approval.

a. arraignment b. plea bargaining


c. preliminary investigation d. trial

37. The security given for the release of a person in custody, furnished by him
or a bondsman, conditioned upon his appearance before any court as required
under the conditions specified by law.

a. subpoena b. recognizance
c. bail d. warrant

38. The examination before a competent tribunal, according to the laws of the
land, of the acts in issue in a case, for the purpose of determining such issue.

a. trial b. arraignment
b. pre-trial d. judgment

39. The adjudication by the court that the accused is guilty or is not guilty of
the offense charged, and the imposition of the proper penalty and civil liability
provided for by law on the accused.

a. trial b. pre-trial
c. arraignment d. judgment

40. It is an inquiry or proceeding for the purpose of determining whether there


is sufficient ground to engender a well founded belief that an offense has been
committed and the offender is probably guilty thereof and should be held for
trial.

a. pre-trial b. arraignment
c. preliminary investigation d. plea bargaining

41. It is evidence of the same kind and to the same state of facts.

a. secondary evidence b. prima facie evidence


c. corroborative evidence d. best evidence

42. It is that which, standing alone, unexplained or uncontradicted is sufficient


to maintain the proposition affirmed.

a. secondary evidence b. prima facie evidence


c. corroborative evidence d. best evidence

43. A form of evidence supplied by written instruments or derived from


conventional symbols, such as letters, by which ideas are represented on
material substances.

a. documentary evidence b.testimonial evidence


c. material evidence d. real evidence

44. When the witness states that he did not see or know the occurrence of a
fact.

a. positive evidence b.corroborative evidence


c. secondary evidence d. negative evidence

45. Personal property that can be subjects for search and seizure.

a. used or intended to be used as means in committing an offense


b. stolen or embezzled and other proceeds or fruits of the offense
c. subject of the offense
d. all of the above

46. All persons who can perceive and perceiving, can make known their
perception to others.

a. suspects b. witnesses
c. victims d. informers

47. The unlawful destruction, or the bringing forth prematurely, of human


fetus before the natural time of birth which results in death.
a. abortion b. infanticide
c. murder d. parricide

48. Felony committed when a person is killed or wounded during the confusion
attendant to a quarrel among several persons not organized into groups and
the parties responsible cannot be ascertained.

a. alarm and scandal


b. mysterious homicide
c. death under exceptional circumstances
d. tumultuous affray

49. A question which arises in a case the resolution of which is the logical
antecedent of the issue involved in said case and the cognisance of which
pertains to another tribunal.

a. legal question b. juridical question


c. prejudicial question d. judicial question

50. The offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or two or more crimes to which it attaches
a lighter penalty.

a. reiteracion b. recidivism
b. quasi-recidivism d. habitual delinquency

51. An act or omission which is a result of a misapprehension of facts that is


voluntary but not intentional.

a. impossible crime b. mistake of facts


c. accidental crime d. complex crime

52. Infanticide is committed by killing a child not more than….

a. 36 hours b. 24 hours
c. 48 hours d. 72 hours

53. Ignorance of the law excuses no one from compliance therewith.

a. ignorantia legis non excusat b. parens patriae


c. res ipsa loquitur d. dura lex sed lex

54. An act which would be an offense against persons or property were if not
for the inherent impossibility of its accomplishment.

a. compound crime b. impossible crime


c. complex crime d. accidental crime

55. The law which reimposed the death penalty.

a. RA 5425 b. RA 8553
c. RA 7659 d. RA 8551

56. One who is deprived completely of reason or discernment and freedom of


the will at the time of the commission of the crime.
a. discernment b. insanity
c. epilepsy d. imbecility

57. The quality by which an act may be subscribed to a person as its owner or
author.

a. responsibility b. duty
c. guilt d. imputability

58. Something that happen outside the sway of our will, and although it comes
about through some acts of our will, lies beyond the bounds of humanly
foreseeable consequences.

a. fortuitous event b. fate


c. accident d. destiny

59. A sworn written statement charging a person with an offense, subscribed


by the offended party , any peace officer or other public officer charged with the
enforcement of the law violated.

a. subpoena b. information
c. complaint d. writ

60. This right of the accused is founded on the principle of justice and is
intended not to protect the guilty but to prevent as far as human agencies can,
the conviction of an innocent person.

a. right to due process of law


b. presumption of innocence
c. right to remain silent
d. right against self-incrimination

61. Known in other countries as the body of principles, practices, usages and
rules of action which are not recognized in our country.

a. penal laws b. special laws


c. common laws d. statutory laws

62. Circumstances wherein there is an absence in the agent of the crime any of
all the conditions that would make an act voluntary and hence, though there is
no criminal liability there is civil liability.

a. exempting b. alternative
c. justifying d. aggravating

63. Circumstances wherein the acts of the person are in accordance with the
law, and hence, he incurs no criminal and civil liability.

a. exempting b. alternative
c. justifying d. aggravating

64. When the offender enjoys and delights in making his victim suffer slowly
and gradually, causing him unnecessary physical pain in the consummation of
the criminal act.
a. ignominy b. cruelty
c. treachery d. masochism

65. One, who at the time of his trial for one crime shall have been previously
convicted by final judgment of another crime embraced in the same title of the
Revised Penal Code.

a. recidivism b. habitual delinquency


c. reiteracion d. quasi-recidivism

66. Alevosia means

a. craft b. treachery
c. evident premeditation d. cruelty

67. The law hears before it condemns, proceeds upon inquiry and render
judgment after a fair trial.

a. ex post facto law


b. equal protection of the law
c. rule of law
d. due process of law

68. A person if within a period of 10 years from the date of his release or last
conviction of the crime of serious or less serious physical injuries, robbery,
theft, estafa or falsification, he is found guilty of any of the said crimes a third
time or oftener.

a. recidivist b. quasi-recidivist
c. habitual delinquent d. hardened criminal

69. A kind of evidence which cannot be rebutted or overcome.

a. Primary b. Best
c. Secondary d. Conclusive

70. A kind of evidence which cannot be rebutted or overcome.

a. Primary b. Best
c. Secondary d. Conclusive

71. These questions suggest to the witness the answers to which an examining
party requires.

a. leading b. misleading
c. stupid d. hearsay

72. A method fixed by law for the apprehension and prosecution of persons
alleged to have committed a crime, and for their punishment in case of
conviction.

a. Criminal Law b. Criminal Evidence


c. Criminal Procedure d. Criminal Jurisprudence

73. The period of prescription of crimes punishable by death.


a. 20 years b. 15 years
c. 10 years d. 40 years

74. Persons who take direct part in the execution of a crime.

a. accomplices
b. accessories
c. instigators
d. principals

75. A crime against honor which is committed by performing any act which
casts dishonor, discredit, or contempt upon another person.

a. libel
b. slander by deed
c. incriminating innocent person
d. intriguing against honor

76. The improper performance of some act which might lawfully be done.

a. misfeasance
b. malfeasance
c. nonfeasance
d. dereliction

77. A sworn statement in writing, made upon oath before an authorized


magistrate or officer.

a. subpoena
b. writ
c. warrant
d. affidavit

78. Any other name which a person publicly applies to himself without
authority of law.

a. alias
b. common name
c. fictitious name
d. screen name

79. A special aggravating circumstance where a person, after having been


convicted by final judgment, shall commit a new felony before beginning to
serve such sentence, or while serving the same.

a. quasi-recidivism
b. recidivism
c. reiteracion
d. charivari

80. Which of the following is not a person in authority.

a. Municipal mayor
b. Private School Teacher
c. Police Officer
d. Municipal Councilor
81. In its general sense, it is the raising of commotions or disturbances in the
State.

a. Sedition
b. Rebellion
c. Treason
d. Coup d’etat

82. The length of validity of a search warrant from its date.

a. 30 days
b. 15 days
c. 10 days
d. 60 days

83. The detention of a person without legal grounds by a public officer or


employee.

a. illegal detention
b. arbitrary detention
c. compulsory detention
d. unauthorized detention

84. A breach of allegiance to a government, committed by a person who owes


allegiance to it.

a. treason
b. espionage
c. rebellion
d. coup d’etat

85. A building or structure, exclusively used for rest and comfort.


a. sanctuary
b. prison
c. jail
d. dwelling

86. The mental capacity to understand the difference between right and wrong.
a. treachery
b. premeditation
c. recidivism
d. discernment

87. Conspiracy to commit this felony is punishable under the law.


a. Estafa
b. Murder
c. Rebellion
d. Rape

88. It means that the resulting injury is greater than that which is intended.
a. Aberratio ictus
b. Error in personae
c. Dura Lex Sed lex
d. Praeter Intentionem
89. It means mistake in the blow.
a. Aberratio Ictus
b. Error in Personae
c. Dura lex sed lex
d. Praeter Intentionem

90. A stage of execution when all the elements necessary for its execution and
accomplishment are present.
a. Attempted
b. Frustrated
c. Consummated
d. Accomplished

91. An act or omission which is the result of a misapprehension of facts that is


voluntary but not intentional.
a. Absolutory Cause
b. Mistake of facts
c. Conspiracy
d. Felony

92. Crimes that have three stages of execution.


a. Material
b. Formal
c. Seasonal
d. Continuing

93. Felonies where the acts or omissions of the offender are malicious.
a. Culpable
b. Intentional
c. Deliberate
d. Inculpable

94. It indicates deficiency of perception.


a. Negligence
b. Diligence
c. Imprudence
d. Inference

95. Acts and omissions punishable by special penal laws.


a. Offenses
b. Misdemeanours
c. Felonies
d. Ordinances

96. A character of Criminal Law, making it binding upon all persons who live or
sojourn in the Philippines.
a. General
b. Territorial
c. Prospective
d. Retroactive

97. A legislative act which inflicts punishment without judicial trial.


a. Bill of Attainder
b. Bill of Rights
c. Ex Post Facto Law
d. Penal Law
98. The taking of a person into custody in order that he may bound to answer
for the commission of an offense.
a. Search
b. Seizure
c. Arrest
d. Detention

99. Pedro stole the cow of Juan. What was the crime committed?
a. Robbery
b. Farm Theft
c. Qualified Theft
d.Simple Theft

100. Pedro, a 19 year old man had sexual intercourse with her 11 year old
girlfriend without threat, force or intimidation. What was the crime committed?
a. Child rape
b. Qualified Rape
c. Statutory Rape
d. None

101.) The Revised Penal Code may be enforced outside the jurisdiction of the
Philippines when

A. one commits an offense on any ship or airship.


B. one introduces into the Philippines any counterfeit coin.
C. a public officer enters into a bigamous marriage.
D. one commits a crime against national security.

102.) A warrantless search is valid when the search is made by

A. a customs officers at the home of a known smuggler.


B. anti-drug enforcers.
C. policemen at a COMELEC checkpoint.
D. NBI agents looking for a bomb at a mall.

103.) A justifying circumstance is exemplified by

A. a retreat from aggression.


B. a pre-emptive blow.
C. a counter blow.
D. a good intention.

104.) A person walks into a police station and declares that he has committed
a crime before the police could take him into custody. May his declaration be
admitted against him?

A. No since he has not been forewarned of his rights to silence and to counsel.
B. Yes since he made his declaration before he could be taken into custody and
investigated.
C. No since he has entered the police station and came within its jurisdiction.
D. Yes since he freely gave his declaration to the police.

105.) Rape is sexual intercourse with the use of

A. deceit
B. moral ascendance
C. intrigue
D. force or intimidation.

106.) The act of the police in placing the accused in a police line-up without his
prior consent

A. violates his right against self-incrimination.


B. violates his right to counsel.
C. constitutes a valid police investigation procedure.
D. is valid conditioned on his being identified at the trial.

107.) A warrantless search is valid when it is made

A. by customs officers at the home of a known smuggler.


B. by anti-drug enforcers.
C. by policemen at a COMELEC checkpoint for illegal firearms.
D. by the NBI for a bomb at the mall.

108.) A qualifying circumstance cannot be presumed, but must be established


by

A. proof beyond reasonable doubt


B. clear and convincing evidence
C. substantial evidence
D. preponderance of evidence

ANSWERS:
1. B 26. B 51. B 76. A

2. B 27. C 52. D 77. D

3. B 28. B 53. A 78. A

4. B 29. C 54. B 79. A

5. D 30. C 55. C 80. C

6. D 31. B 56. D 81. A

7. C 32. C 57. D 82. C

8. C 33. B 58. C 83. B

9. C 34. A 59. C 84. A

10. A 35. C 60. B 85. D

11. C 36. B 61. C 86. D

12. C 37. C 62. A 87. C

13. C 38. A 63. C 88. D

14. B 39. D 64. B 89. A


15. B 40. C 65. A 90. C

16. D 41. C 66. B 91. B

17. B 42. B 67. D 92. A

18. C 43. A 68. C 93. A

19. A 44. D 69. D 94. A

20. C 45. D 70. D 95. A

21. C 46. B 71. A 96. A

22. A 47. A 72. C 97. A

23. D 48. D 73. A 98. C

24. D 49. C 74. D 99. C

25. A 50. A 75. B 100. C 101. ) D 102.) C 103.) C 104.) B 105.) D 106.) C 107.)
C 108.) B

REMEDIAL LAW -- 20%

1. The jurisdiction of courts are determined by

A. Congress.
B. The Supreme Court.
C. The Judicial and Bar Council.
D. The Court Administrator.

2.) Which of the following constitutes antecedent collateral evidence of a bank


robbery that several accused committed?

A. The act of the lookout during the robbery.


B. The kinship among them.
C. The amount missing from the bank’s vault
D. The fingerprints on the teller’s counter.

3.) Real or object evidence is authenticated by showing

A. who owns it.


B. that it is what it is claimed to be.
C. how the evidence got to court.
D. similar or like objects.

4.) A couple named their son Mario Lopez. But a confused clerk at the hospital
registered his name as Maria Lopez and his gender as female. The city civil
registrar has authority to

A. correct his name and gender.


B. correct his name but not his gender.
C. correct his gender but not his name.
D. indorse the case to court.
5.) A decision states that the defendant is entitled to moral damages but its
dispositive portion did not carry an award of moral damages. The writ of
execution, however, orders the defendant to pay moral damages of P5,000.
Must he comply?

A. Yes since the body of the decision contains the justification for it.
B. No since it is the dispositive portion of the decision that controls.
C. Yes since the writ of execution affirms it.
D. No since the plaintiff needed to pay docket fee on the P5,000.

6.) A criminal action must be filed in the place where

A. the offense took place.


B. the accused was apprehended and detained.
C. the offended party resides.
D. the preliminary investigation took place.

7.) The police nabbed two robbery suspects whom they convinced during the
investigation to go with them to the scene of the crime to reenact how they
committed it. Is the reenactment admissible in evidence?

A. No since it amounts to waiver of right to silence without the advice of


counsel.
B. Yes since the reenactment was voluntary.
C. No since it is irrelevant evidence.
D. Yes since the reenactment was unaccompanied by any statement from the
suspects.

8.) To prove that Susan stabbed her husband Sergio, Pete testified that he
heard Rico running down the street, shouting excitedly, “Sinaksak daw ni
Susan ang asawa niya!” Rico’s declaration is

A. admissible as part of res gestae.


B. inadmissible as hearsay.
C. admissible as independently relevant statement.
D. inadmissible as a mere opinion.

9.) The law that will determine jurisdiction over a particular case is the law in
force at the time

A. the cause of action accrued.


B. the action is filed.
C. the issues in the action are joined.
D. the defendant receives the complaint.

10.) The right to be presumed innocent is NOT violated by a law that


establishes a presumption of guilt based on a certain fact proved provided that

A.the accused has a chance to overcome it.


B. the nature of the crime permits it.
C. what is proved and presumed are reasonably connected.
D. the law is not retroactive.

11.) Choose which of the following is correct:

a. Documentary evidence is that which is directly addressed to the senses of


the court and consists of tangible things
b. Documentary evidence is offered when a document is presented to prove its
existence or condition
c. Where the purpose is to prove a collateral fact that took place while a
document was being prepared, rule on documentary evidence shall apply
d. Documentary evidence applies only when the contents of such document is
the subject of inquiry

Answers: 1. A 2. B 3. B 4. B 5. B 6. A 7. A 8. B 9. B 10. C 11.) d

LEGAL ETHICS/FORMS -- 5%

1.) The practice of law is a right in the sense that a lawyer cannot be prevented
from practicing law except for valid reasons.

2.) The practice of law is a privilege because it is limited to persons of good


moral character with special qualifications duly ascertained and certified.

Tags: philippine MCQ bar exam, multiple choice test, sample mcq bar
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exam philippines examination

MOCK BAR EXAMINATION QUESTIONS IN

CIVIL LAW 1

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. Yes, because the will is valid.


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

3. The attestation clause of X’s 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. Yes, because it is fatal defect.


b. Yes, the will is not valid.
c. No, attestation clause is not an act of the testator.
d. 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. The mere act of A is immaterial


b. The tearing of the will may amount 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.

5. What is the effect if the second heir dies ahead of the first heir in a
fideicommisary substitution? Choose the best answer.

a. No, transmission of right from the first heir to the second.


b. No right of representation
c. The right shall be transmitted to the heirs of the second heir.
d. None of the above.

6. Suppose the reservista is survived by the uncles and aunts and by the nephews
and nieces of the propositus, who shall be entitled to the property reserved?
Choose the best answer.

a. The uncles and aunts shall inherit the property


b. The nephews and nieces of the decedent survive and are willing and qualified.
c. The uncles and nephews shall inherit together.
d. The aunts and nieces shall inherit together.

7. X and Y are married. The marriage was contracted under articulo mortis, and
the testator died within 3 months from the time of marriage. What is X’s share
of his spouse’s inheritance? Choose the best answer.

a. The surviving spouse shall inherit the whole hereditary estate.


b. The surviving spouse shall inherit ½ of the estate.
c. The surviving spouse shall inherit 1/3 of the estate.
d. The surviving spouse shall inherit ¾ of the estate.
8. X and Y are married. They have children A, B, and C. During the lifetime of X,
A renounced his inheritance from his father. Upon X’s death, will the right of
accretion apply?

a. Yes, A may renounced his inheritance from his father.


b. Yes, the right of accretion applies.
c. No, because the renunciation is void.
d. No, because the renunciation is not in writing.

9. A repudiated his inheritance from his father. Can he be represented by his son,
B?

a. Yes, repudiation do not affect right of representation.


b. No, because heirs who repudiate their share may not be represented.
c. Yes, because the act of repudiation is contrary to public policy.
d. None of the above.

10. If a compulsory heir is disinherited, is it limited to his legitime?


a. No, it also covers the free portion.
b. Yes, it is limited only to his legitime.
c. Disinheritance affect only the free portion but not the legitime
d. None of the above.

11. Rights to succession are transmitted:

a. On date of last will and testament


b. On probate of will
c. On death of testator
d. On date of death of surviving heir

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

a. The national law of testator


b. The law at the time it is made
c. The law at the time of probate of the will
d. The 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. Yes, because the law does not specify the place where the date should be
placed.
b. No, because the date should be after the signature of the testator.
c. No, because it did not follow the requirements of law.
d. Yes, because the intention of the testator must be respected.

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

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

15. Disposition captatoria means that the heir shall make provisions in his will:

a. In favor of another heir


b. In favor of testator or any other person
c. In favor of the state
d. In favor of a legatee

16. Preterition or omission of one, some, or all the compulsory heirs, or some of
compulsory heirs in the direct line whether living at the time of the execution of
the will or born after the death of the testator shall:

a. Make the will voidable


b. Make the will void
c. Annul the institution of heirs
d. Make the will unenforceable

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

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

18. When an injury or damage is caused to another, there being fault or


negligence and there is no pre-existing contractual relation between the
parties, the source of the obligation is:

a. Law
b. Contracts
c. Quasi-contracts
d. Quasi-delicts

19. The bailee has the right to be reimbursed in full for advances he made for
extraordinary expenses of preservation of the subject matter in commodatum.

a. he gave notice to the bailor before he incurred the expense.


b. if the extraordinary expense arose out of the actual use of the thing.
c. if the bailee was negligent in the use of the thing borrowed.
d. even if the cause of the expense was the fault of a third person.

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.

21. The borrower in a contract of loan or mutuum must pay interest to the lender.

a. if there is an agreement in writing to that effect.


b. as a matter of course.
c. if the amount borrowed is very large.
d. if the lender so demands at the maturity date.

22. Disinheritance is the process or act through testamentary disposition of


depriving in a will any compulsory heir of his legitime for true and lawful
causes. The requisites are:

a. Must be a valid will with legal, true and existing cause expressly stated.
b. Must be total and complete and said cause stated in the will.
c. The disinherited heir must be clearly identified and the will is not revoked.
d. All of the above.

23. What crimes committed by a convict will disqualify him as an instrumental


witness to a will?

a. Falsification of public document.


b. Perjury and false testimony.
c. Slander by deed.
d. a and b

24. This party in a reserva troncal is the descendant (brother or sister) whose
death gives rise to the reserve and from whom therefore the third degree is
counted is known as:
a. Origin
b. Propositus
c. Reservista
d. Reservatorios

25. A has a son B and the latter adopted C. B predeceased his father. Can C
represent B in the inheritance of A?

a. Yes, he is a compulsory heir.


b. Yes, he is the legal representative.
c. No, there is no blood relationship between A and C.
d. No, he is a voluntary heir.

26. X during his lifetime sold and conveyed two (2) parcels of land to his heirs.
After X’s death and the probate of his will, are the conveyed properties subject
to collation for determination of the heirs’ legitime?

a. No, because X is no longer the owner of the conveyed properties.


b. No, because there was no gratuitous conveyance.
c. Yes, because the heirs are already the owners of the conveyed properties.
d. Yes, they are considered advanced legitime.

27. Can a criminal convicted of a crime which carries civil interdiction execute his
will?

a. Yes, it is his statutory right.


b. No, it is an accessory penalty.
c. Yes, it only prohibits disposition of property inter vivos, not mortis causa.
d. 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. Yes, joint wills are not allowed in the Civil Code.


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

29. X was disinherited by his father Y. In the probate of Y’s will, can the children
of X represent their disinherited father?

a. No, the disinheritance affects the heirs of the disinherited person.


b. Yes, representation is allowed in case of disinheritance.
c. Yes, substitution of the disinherited person is allowed.
d. No. Representation is not allowed by law.

30. State the share in the estate of the testator of illegitimate children who
survive with the surviving spouse.

a. 1/3
b. ¼
c. 1/8
d. ½
31. A complaint of forgery was filed against instituted heir after the allowance of
probate of the testator’s will. Will this action prosper?

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

32. In reserve troncal the relatives within third degree coming from the same line
inherit from:

a. Descendant propositus
b. Reservista
c. Origin
d. Testator

33. The renunciation or repudiation of inheritance shall take effect:

a. Date of repudiation or renunciation


b. Date of will

c. Date of allowance of will


d. Date of death of testator

34. Disposition Captatoria is void because the heir makes a disposition in his will
in favor of:

a. another heir
b. testator
c. the State
d. a legatee or devisee

35. May the alluvial deposits be lost by prescription in favor of another? Choose
the best answer.

a. No, because there is registration by fiction of law.


b. No, because it is covered by a Torrens title.
c. Yes, because it is not covered by a Torrens title.
d. Yes

36. The northeastern portion of the land of X is bounded by the Manila bay. If
there is accretion formed, who owns the accretion? Choose the best answer.

a. The riparian owner.


b. The accretion belongs to the state.
c. The owner of the contiguous land.
d. Belongs to the land adjoining it.

37. Which of the following is not a characteristic of a co-ownership?

a. There must be more than one subject or owner.


b. There is one physical whole divided into ideal shares.
c. Each share is definite in amount, but is not physically segregated from the
first.
d. The co-ownership has juridical personality.
38. The following are modes of extinguishing usufruct except,

a. Expiration of the period for which it was constituted.


b. Merger of the usufruct and ownership in the same person.
c. Total loss of the thing.
d. Bad use of the thing in usufruct..

39. X,Y, and Z are co-owners of a real property which was mortgaged to A. X
redeemed it during the period of redemption with his personal funds. Did X
become the sole owner of the property, thereby terminating the co-ownership?

a. Yes, because his redemption vest in him sole ownership.


b. Yes, because the funds belong to him alone.
c. No, because the redemption inured to the benefit of all co-owners.
d. No, because Y and Z did not consent to the redemption.

40. The following are the classes of possession except.

a. Possession in one’s name or possession in the name of another.


b. Possession in the concept of an owner or possession in the concept of a
holder.
c. Possession in good faith or bad faith.
d. Possession with just title.

41. The following are the requisites of the easement of right of way, except.

a. The property is surrounded by other estate.


b. There must be no adequate outlet to a public highway.
c. There must be indemnity.
d. That if there is outlet, it is not convenient to the dominant estate.

42. The following are disqualified to donate to each other, except.

a. Those guilty of adultery or concubinage at the time of the donation.


b. Those found guilty of the same criminal offense in consideration thereof.
c. Those made to public officers or their spouses, descendants, or ascendants,
by reason of their office.
d. Those obliged to support one another.

43. The following are the remedies against private nuisance, except.

a. A civil action
b. A prosecution under the penal code or any local ordinance.
c. Abatement without judicial proceedings.
d. None of the above.

44. The nature of action in Quieting of Title is in personam.

a. No, it is always a real action since the subject is real property.


b. No, because the decision is enforceable against the whole world.
c. Yes, provided the subject is personal property.
d. Yes, because the decision is enforceable only against the defeated party.
e. None of the above.

45. Minerals are still owned by the state even if discovered from a private land.
a. Yes, provided the land is not titled.
b. Yes, because the constitution so provides.
c. No, if the land is titled to a private person.
d. No, it will violate property and property rights.
e. None of the above.

46. The owner and the tenant are in both possession of the land subject of the
lease contract.

a. No, only the tenant, because he is in actual possession of the land.


b. No, only the owner, because the other is just a mere tenant.
c. Yes, but of different concept.
d. No, either of them.
e. Yes, as general rule.

47. Negative easement may be acquired by prescription through notarial


prohibition.

a. No, because it is non-apparent.


b. Yes, because notarial prohibition makes apparent what is non-apparent.
c. Yes, because it is provided for by law.
d. Yes, only after 10 years from service of notarial prohibition.
e. None of the above.

48. In case of roots of a neighboring tree intruded to the state of another, the
neighboring owner has the right to cut it off.

a. Yes, only after his demand for the cutting is ignored.


b. Yes, because he owns the roots that intruded at his property.
c. No, without permission from the owner of the tree.
d. Yes, only after 10 years of prescription.
e. No, as a general rule.

49. Which statement is correct?

1. Accession is the right of an owner of a property to everything which is produced


thereby or which is incorporated or attached thereto either naturally or
artificially.
2. Natural, industrial and civil fruits belong to the owner.

a. Both statements are correct.


b. Statement 1 is correct; statement 2 is incorrect.
c. Statement 1 is correct; statement 2 is correct.

50. It is a process whereby the current of a river, creek, or torrent segregates from
an estate on its bank a known portion of land and transfers it to another
estate. Such process is known as:

a. Alluvion
b. Avulsion
c. Adjunction
d. Commixtion

51. Which provision of the Condominium Act (RA 4796) is correct?


1. A condominium corporation shall not, during its existence, sell, exchange, and
lease or otherwise dispose of the common areas owned by or held by in the
condominium project unless authorized by the affirmative vote of all the
stockholders or members.
2. Whenever real property has been divided into condominiums, each
condominium separately owned shall be separately assessed, for purposes of
real property taxation and other tax purposes, to the owners thereof and tax on
each such condominium shall constitute a lien solely thereon.

a. Provision 1 is correct, 2 is incorrect.


b. Both provisions are incorrect.
c. Both provisions are correct.
d. Provision 1 is incorrect, 2 is correct.

52. May a real property be classified validly as personal property?

a. Yes provided it will not prejudice third person/s.


b. Yes by special provision of our laws.
c. Yes by agreement between the parties.
d. No. A real property is always a real property.
e. A, B & C are all correct.

53. Under our law Good Faith is presumed, why?

a. Because of express provision of our law/s.


b. Because it is the right thing to do.
c. No, you have to prove it by extrinsic evidence..
d. No, it is to be proven beyond reasonable doubt.
e. A and B are correct.

54. In like manner, Bad Faith is not presumed. Why?

a. Yes, because bad faith is personal.


b. Yes, because bad faith could be inherited.
c. Yes, because ignorance of the law excuses no one.
d. Yes, because it should be proven in court.
e. A and D are correct.

55. In land registration cases, the government is always represented by whom?

a. By the Office of the City Prosecutor.


b. By the Office of the Solicitor General.
c. By a private counsel hired for that matter.
d. By the Register of Deeds.
e. By the Bureau of Land.

56. Accession is not a mode of acquiring ownership?

a. Yes, because it was not one of the seven (7) modes of acquiring ownership.
b. No, it is considered as acquisition by law.
c. No, because it is neither alluvium or avulsion.
d. Yes, in accordance with our customs.
e. Yes, as a general rule only.

57. A Torrens Title is not a protection in alluvium?


a. No, because a land covered by Torrens Title is not subject to prescription.
b. No, for economic reason.
c. Yes, because the soil added cannot be identified.
d. No, because the property is titled.
e. Yes, if the river is navigable or floatable only.

58. A possessor in bad faith of a land is entitled for reimbursement as a matter of


right?

a. Yes, but only to useful expenses.


b. No to all kind of expenses, because he is in bad faith.
c. Yes, but only to luxury expenses.
d. Yes, but only to necessary expenses.
e. Yes, by agreement with the parties.

59. Illegal condition/consideration will result to nullity of the contract of


donation?

a. Yes, because the contract shall be contrary to law.


b. Yes, but if the condition/consideration had been fulfilled already.
c. No, if the condition/consideration had not been fulfilled yet.
d. No, because it will violate the constitutional rights of the parties.
e. B and C are correct

60. In land registration cases, the court may acquire jurisdiction only after:

a. Service of summons to the respondents/defendants.


b. After trial of the case.
c. Upon filing of the petition/complaint.
d. Upon publication.
e. Upon filing of the answer by the respondent/defendants.

61. In the contract of usufruct, the owner of the property is being called the
naked owner. Why?

a. Because the owner lost possession of the property.


b. Only if the subject is real property.
c. Because of the agreement of the parties.
d. Because he was divested of his two (2) major rights.
e. Because it is a good name.

62. In formation of an island, the owner of the nearest margin/distance is the


owner of the new island?

a. Because of the principle that accessory follows the principal.


b. Because of the express provision of laws.
c. Only if the river is floatable or navigable.
d. Only if the river is non-floatable or non-navigable.
e. Only if there is a dries-up river bed.

63. In perpendicular co-ownership, each floor owners must bear expenses


pertaining to his own floor?

a. No, all the co-owners must share proportionately.


b. No, it is covered by Condominium Law.
c. Yes, because his ownership is identified.
d. Yes, as expressly provided for by law.
e. C and D are correct.

64. Easement is always a real right.

a. Yes, if the easement is for use of another real property.


b. No, if the easement is for use of person only.
c. Yes, because it is enforceable against the world.
d. No, because it is a property use limitation.
e. Yes, in the case of contractual easement only.

65. A nuisance is one of the most serious hindrance to the enjoyment of life and
property.

a. Yes, because it injures or endanger our health and safety.


b. Yes, because it annoys or offends our senses.
c. Yes, because it shocks, defies or disregards decency or morality.
d. Yes, because it hinders or impairs the use of property.
e. All are correct.

66. Registration of the Register of Deeds is a mode of acquiring ownership.

a. Yes as provided for by P.D. 1529.


b. Yes as provided for by the New Civil Code.
c. No, it is only for the protection of ownership rights.
d. Yes, because if you failed to register it, you may lost it by prescription.
e. None of the above.

67. May a local ordinance extinguish a legal easement?

a. Yes, because it is a recent law.


b. Yes, if the local ordinance expressly provided the same.
c. No, because a local ordinance should not be repugnant to law.
d. No, because the local ordinance is not valid for being contrary to law.
e. C and D are both correct

68. A condominium buyer is entitled to the issuance of the Condominium


Certificate of Title as a matter of right.

a. Yes, from the time he signed the Contract of Sale.


b. Yes, from the time he fully paid the purchase price.
c. Yes, from the time of the delivery of the condo unit.
d. Yes, provided it is stated at the Master Deeds.
e. All of the above.

69. The doctrine of “Hot Pursuit” is an exemption to that a person should not
take the law into his own hands.

a. Yes, under special circumstance only.


b. No, because everybody should be law abiding citizen.
c. No, because ignorance of the law excuses no one.
d. No, because the rule allows no exemption.
e. All of the above.

70. The nature of action in Quieting of Title is in personam.


a. No, because the subject of the case is always a real property.
b. No, because the decision in the case is enforceable against the whole world.
c. Yes, provided the subject is a personal property.
d. Yes, because the decision is enforceable only against the litigating parties.
e. None of the above.

71. Under Intellectual Property Code, to be covered by the law, it is required that
you register your business in the Philippines.

a. Yes, because registration will give you such protection.


b. No, because the law is design to protect registered and non-registered owner.
c. No, because the law is design to protect world wide piracy of products.
d. Yes, because registration will give jurisdiction to our court.
e. B and C are correct.

72. Finder of lost movable property is guilty of the crime of theft if he keeps the
thing to himself?

a. No, because there is no force upon person.


b. Yes, if there is force upon thing.
c. Yes, like in prescription.
d. Yes, because the owner lost only physical possession.
e. No, because there is no more owner to speak with.

73. Reproduction of books by Xerox or photocopying is a violation of the


Copyright Law?

a. No, it is being tolerated anyway.


b. No, because there is no law that prohibits it.
c. No, because it is economical.
d. Yes, because it deprives the author of his royalties.
e. Yes, because the operator of the Xerox Machine does not pay his income tax.

74. Donation is both an act and a contract.

a. No, because it is an act of man only.


b. No, because there is no exchange of value.
c. Yes, because it is a gratuitous contract.
d. No, because it is not part of Obligation and Contract of New Civil Code.
e. None of the above.

75. Donation of the same thing to two or more persons shall be governed by the
rule on double sale?

a. No, because they are of different contracts.


b. No, because they are covered by different chapters of the New Civil Code.
c. Yes, because both acts transfer ownership.
d. No, because in donation there is no exchange of value.
e. No, because in sale there is exchange of values.

76. All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).

a. Yes, because it is the intent and spirit of the law.


b. No, only those who had paid at least 2 years of installment and defaulted
later.
c. No, they have to apply for it first at HLURB to be covered.
d. Yes, provided it will not violate their contract.
e. No, it is applicable only to buyer in installment of appliances.

77. Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel
was preparing for the bar examinations, Miguel, a lawyer and cousin of Liza
threatened Noel with the filing of a complaint for immorality in the Supreme
Court, thus, preventing him from taking the examinations unless he marries
Liza. As a consequence of the threat, Noel married Liza. Can the marriage be
annulled on the ground of intimidation under Article 45 of the Family Code?

a. Yes, because without the threat, Noel would not marry Liza.
b. Yes, because the threat, to enforce the claim of Liza, vitiates the consent of
Noel in contracting the marriage.
c. No, because the threat made by Miguel is just and legal.
d. No, because Miguel is not a party to the contract of marriage between Liza
and Noel.

78. Magdalene and Shantung Company entered into a contract of agency before
the consul general of the Philippines in Singapore. They stipulated that
Magdalene shall be the administrator of the real properties of Shantung
Company in the said country. By virtue of the said contract, Magdalene sold
the 1 hectare land of Shantung Company located in Singapore to Mayhem Real
Estate Corporation without any special power of attorney. The said contract of
sale was executed before the vice consul of the Philippines in Singapore. Under
the laws of Singapore, the sale of a real property by an agent without a special
power of attorney is valid. Shantung Company filed a suit for the annulment of
the contract of sale on the ground that Magdalene has no authority to sell the
property. If you were the judge, which of the following courses of action should
you take?

a. Dismiss the action for annulment on the ground that the forms and
solemnities of contracts, wills and other public instruments shall be governed
by the law of the country in which they are executed.
b. Dismiss the action for annulment on the ground that the property subject of
the case is located in Singapore, thus, the law of Singapore shall govern.
c. Grant the action for annulment on the ground that the forms and solemnities
of contracts, wills and other public instruments shall be governed by the law of
the country in which they are executed.
d. Grant the action for annulment on the ground that Shantung Company did
not authorized Magdalene to sell the property.

79. Wendy, single, bought a parcel of land in Dagupan City from Amante for
P600,000.00. A contract was executed between them which already vested
upon Wendy full ownership of the property, although payable in monthly
installments for a period of 4 years. One year after the execution of the
contract, Wendy got married to Lorenzo. They executed a marriage settlement
whereby they agreed that their properties shall be governed by the regime of
conjugal partnership of gains. Thereafter, subsequent installments were paid
from the conjugal partnership funds. Is the land conjugal or paraphernal?

a. The land is conjugal because the installments were paid from the conjugal
partnership funds.
b. The land is paraphernal because ownership thereof was acquired before the
marriage.
c. The land is both conjugal and paraphernal because the installments were
paid from both the personal funds of Wendy and the conjugal partnership
funds.
d. The land is paraphernal because it was Wendy who purchased the same.

80. Marvin was married to Charina on February 14, 1990. Charina gave birth to
a baby girl she named Noreen. Due to irreconcilable differences, Marvin left
the conjugal dwelling. Charina, on the other hand fell in love with David and
they decided to live together as husband and wife on May 12, 1992. Six (6)
years after or on September 8, 1998, Marvin died in an accident. Free at last,
Charina and David decided to get married on February 14, 2000 executing an
affidavit that they have been living together as husband and wife for more than
five (5) years. The marriage took place but the solemnizing officer failed to
execute an affidavit that he ascertained the qualifications of the contracting
parties. Two (2) years later, Charina died living a considerable amount of
properties. Noreen, assisted by her grandparents, filed a petition questioning
the validity of her marriage to David. If you were the judge, how will you decide
on the petition?

a. Dismiss the petition on the ground that Noreen has no personality to question
the validity of the marriage of her mother to David.
b. Grant the petition on the ground that he ascertained the qualifications of the
contracting parties and found no legal impediment to the marriage.
c. Dismiss the petition on the ground that the marriage is valid because Charina
and David lived together as husband and wife for more than 5 years and their
marriage took place after the death of Marvin, the husband of Charina, thus,
no need to secure a marriage license.
d. Grant the petition on the ground that the marriage is void ab anitio, as the
ratification of their marital cohabitation is not valid.

81. Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their
conjugal partnership. Hence, they executed a public document wherein they
declare that they had no debts, that they were voluntarily dissolving their
conjugal partnership, and that each of them would thereafter be free to acquire
or dispose of any property independently of the other. Thereafter, they lived
apart. Ana engaged in business which unfortunately failed. Reynaldo, on the
other hand, continued to be gainfully employed and was able to acquire
properties through his own efforts. The creditors of Ana obtained a judgment
against the latter which they could not satisfy because Ana was insolvent.
Could the creditors of Ana obtain satisfaction of the judgment out of the
properties of Reynaldo?

a. Yes, because the properties of Reynaldo are conjugal as they were obtained
through his efforts and industry.
b. Yes, because the parties are still legally married to each other when the
creditors obtained a favorable judgment against Ana.
c. No, because the properties of Reynaldo are his exclusive properties as they
were obtained through his own efforts and industries.
d. No, because there was an agreement between the parties to voluntarily
dissolved their conjugal partnership.

82. Jessie donated P200,000.00 to the unborn child of his cousin Laura, which
the latter accepted in a private instrument. After 6 months of pregnancy, the
fetus was born and baptized Casey. Casey died 22 hours after birth. Jessie
sought to recover the P200,000.00. Is Jessie entitled to recover the money he
donated?

a. No, because the donation is valid as Laura already accepted the same
b. No, because when Casey died, Laura, as Casey’s heir, inherited the money
donated by Jessie.
c. Yes, because the donation never produced any legal effect as Casey, the
supposed donee, never acquired civil personality.
d. Yes, because the donation is void as the acceptance was not made in a public
instrument, thus producing no legal effect.

83. Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen
last March 8, 1992 with a valid marriage license. It appears that Clark Kent
was issued a certificate of legal capacity to contract marriage after the
celebration of the marriage. The U.S. embassy claims that such marriage is
void from the beginning. Is the contention of the U.S. embassy tenable?

a. Yes, because the law provides that when either or both of the contracting
parties are citizens of a foreign country, it shall be necessary for them, before a
marriage license can be obtained, to submit a certificate of legal capacity to
contract marriage, issued by their respective diplomatic or consular officials.
b. Yes, because the marriage license was wrongfully obtained by the parties,
thereby invalidating the marriage.
c. No, because the U.S. embassy later on issued a certificate of legal capacity to
contract marriage, thus, during the defect in the issuance of the marriage
license.
d. No, because the absence of the certificate of legal capacity to contract
marriage is a mere irregularity in the formal requisites of marriage, thus it will
not affect the validity of the marriage.

84. Glenda, a Filipino citizen and John Riel, an Australian citizen, got married in
the consular office of the Philippines in Australia. According to the laws of
Australia, a marriage solemnized by a consular official is valid, provided that
such marriage is celebrated in accordance with the laws of such consular
official. What is the status of the marriage of Glenda and John Riel?

a. Void, because the consular official has no authority to solemnize the


marriage.
b. Valid, because according to the laws of Australia, such consular official has
authority to celebrate the marriage.
c. Voidable, because there is an irregularity in the authority of the consular
official to solemnize marriages.
d. Valid, because such marriage is recognized as valid in the place where it was
celebrated.

85. The doctrine of “Self-Help” is an exemption that a person should not take the
law intro his own hands.

a. Yes, under special circumstances.


b. No, because everybody should be law abiding citizen.
c. No, because ignorance of the law excuses no one.
d. No, because the rule allows no exemption.
e. All of the above.

86. Excited over their impending marriage, the parties overlooked the expiration
date of their marriage license but just the same the marriage was solemnized
two days after its expiration date. The marriage is:

a. valid there being a marriage license validly obtained by the parties.


b. voidable there being a defect in the formal requisite.
c. valid there being only an irregularity in the marriage license.
d. void in the absence of a valid marriage license.
e. valid there being good faith on the part of the parties.

87. Filipinos are governed by their national law with respect to the following
matters, except:

a. legal capacity
b. family rights and status
c. personal property
d. testamentary succession
e. intrinsic validity of wills

88. Separation of property between spouses during the marriage may take place
only:

a. by agreement of the spouses.


b. if one of the spouses has given ground for legal separation.
c. upon order of the court.
d. if one spouse has abandoned the other.
e. if only one of the spouses is earning.

89. For civil purposes, a fetus may be considered born if:

a. it had an intra-uterine life of 8 months but is dead upon delivery.


b. it had an intra-uterine life of less than 7 months and it died after 5 days upon
delivery.
c. it had an intra-uterine life of less than 7 months and dies within 24 hours
after its complete delivery from the maternal womb.
d. it was aborted on request of or with permission from the father to save the life
of the mother.
e. it had an intra-uterine life of 9 months but dies in the maternal womb.

90. The husband may impugn the legitimacy of his child but not on the ground
that:

a. the wife is suspected of infidelity.


b. the husband had a serious illness that prevented him from engaging in sexual
intercourse.
c. the child could not be his for biological or scientific reasons.
d. they were living apart.
e. he is physically incapable of sexual intercourse

91. A marriage is void if:

a. solemnized with a marriage license issued without complying with the


required 10-day posting.
b. solemnized by a minister whom the parties believe to have the authority.
c. between parties both 23 years of age but without parental advice.
d. between a woman and her husband’s killer/holdup per.
e. solemnized by a commanding officer between two members of his battalion.

92. In legal separation:

a. the aggrieved spouse may file the action within 5 years from the time of the
occurrence of the cause.
b. no trial shall be held without the 6-month cooling off period being observed.
c. the spouses will be entitled to live separately upon the start of the trial.
d. the prosecuting attorney has to conduct his own investigation.
e. the decree will not be granted solely on the basis of admission.

93. Three years after marriage, wife learned that husband is afflicted with STD.
Apparently, he has been afflicted even before the marriage but concealed such
fact. An action for annulment may be filed by the wife.

a. within five years after marriage.


b. anytime during the lifetime of the husband.
c. within five years upon knowledge of the STD.
d. anytime during the lifetime of the wife.
e. anytime during the marriage.

94. On March 3, 1995, wife delivered a child at which time the husband has been
harboring the suspicion of her unfaithfulness. He has since been
contemplating on impugning the legitimacy of the child until he met an
accident and died on March 27, 1996. The legitimacy of the child may be
impugned by:

a. his parents
b. his illegitimate child, if any
c. his brothers or sisters
d. his aunts or uncles
e. none of them

95. Specific guidelines have been laid down by the Supreme Court in the
interpretation and application of psychological incapacity as a ground for
annulment.

a. the incapacity must be proven to be existing at the time of the celebration of


the marriage.
b. the illness must be grave
c. the burden of proof must rest on the respondent.
d. the roots of the illness can be traced to the history of the subject
e. the incapacity appears to be incurable.

96. Excessive donation inter vivos may be revoked or reduced after the death of
the donor.

a. Yes, in so far that it reduces the legitimate of the compulsory heirs.


b. No, because it took effect while the donor is still alive.
c. No, because it will impair the right of a person to enter into a contract.
d. No, because it is not practical.
e. All of the above.

97. A husband by chance discovered hidden treasures on the paraphernal


property of his wife, who owns the discovered treasure.

a. The half pertaining to the husband (finder) belongs to the conjugal


partnership
b. The half pertaining to the wife (as owner) belongs to the conjugal partnership
c. One half shall belong to the husband as finder and the other half shall belong
to the wife as owner of the property.
d. a and b
98. Action for rescission on the account of lesion will prescribe within ---

a. 10 years
b. 5 years
c. 7 years
d. answer not given

99. Which one is more burdensome, easement or usufruct?

a. Usufruct because the usufructuary has possession and fruits of the property
b. Easement because the servient estate is under obligation to let others use the
property
c. None, because in both cases there is no transfer of title
d. Easement because easement is enforceable even if there is no contract

100. Are growing crops real property?

a. Yes, for the purpose of civil law


b. No, for the purpose of criminal law
c. No, for the purpose of commercial law
d. All of the above
e. None of the above

101. A, donated a parcel of land to the unborn child of H and W, is the donation
valid?

a. No, because there is no donee yet


b. No, because there is no one yet to accept the donation
c. Yes, provided the child be born alive or to live for at least 24 hours under
certain conditions
d. No, because the donee has no name yet to whom the land is to be
transferred

102. Mr. J constructed a basketball court at the middle of the street, may Mr. J be
charged criminally in court?
.
a. No. because the remedy is only destruction or removal
b. No, because the case is inlay civil in nature
c. Yes, provided that the basketball court be declared first as a public nuisance
d. Yes, provided that Mr. J did not pay any permit to the local government

103. Mr. X planted a mango tree at the edge of the boundary line of his (X) land with
Mr. B. After ten years branches of the mango tree encroached the air space of
B. Mr. X is the owner of the encroaching branches because…

a. of the principle “accessory follows the principal


b. the tree is planted in his (X) land
c. in accordance with the law of easement
d. All of the above
e. None of the above

104. Which among the properties of the states that could be the subject of
prescription in favor of a private person?

a. agricultural land
b. forest land
c. public road
d. seashore

105. Which among the churches listed below is owned by the Roman Catholic
Church?

a. Quiapo Church constructed after 1898


b. San Agustin Church constructed before 1898
c. Manila Cathedral constructed before 1898
d. Vigan Church constructed before 1898

106. Which among the group of things listed below could not be considered as a
property?

a. res nullius
b. res communes
c. res alicujus
d. None of the above

107. Patrimonial Property of the State refers to

a. those no longer intended for public use and public service


b. those no longer intended for public good and public welfare
c. those actually possessed, occupied or utilized by indigenous cultural
minorities by themselves or through their ancestors

108. The document issued by the government agency concerned stating that
mineral resources project under consideration will not bring about an
unacceptable environmental impact and that the proponent has satisfied the
requirements of the environmental impact system is called

a. Environmental Compliance Certificate (ECC)


b. Environmental Impact Statement (EIS)
c. Joint Venture Agreement (JVA)
d. Mineral Resource EDUC Certification

109. Which of the following marriages is void for reasons of public policy?

a. Between brothers and sisters, whether of the full or half blood


b. Between step-parents and step children
c. Between parents-in-law and children-in-law
d. B and C
e. None of the above

110. Which of the following is not included in the attributes of juridical


capacity?

a. Juridical Personality is inherent in every natural person, and therefore it is


not acquired.
b. Juridical capacity is lost only through death
c. Juridical capacity can be limited or restricted
d. Juridical capacity cannot exist without capacity to act
e. None of the above
111. The following constitute the different circumstances or cases of fraud
which will serve as ground for the annulment of a marriage, except?

a. Non-disclosure of the previous conviction by final judgment of the other party


of a crime involving moral turpitude
b. Concealment of drug addiction of a sexually-transmissible disease, regardless
of its nature, existing at the time of the marriage
c. Concealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism existing at the time of marriage
d. Concealment by the wife or the husband of the fact of previous sexual
relations prior to the marriage
e. All of the above

112. Which of the following is not a requisite for a valid donation propter
nuptias?

a. The donation must be made before the celebration of the marriage


b. The donation shall be automatically revoked in case of non-celebration of the
marriage
c. The donation must be made in consideration of the marriage
d. The donation must be made in favour of one or both of the future spouses
e. None of the above

113. Which of the following circumstances does not terminate the absolute
community of
property?

a. Upon the death of either spouse


b. Upon conviction of a crime involving moral turpitude by either spouse
c. When the marriage is annulled or declared void.
d. When there is a decree of legal separation
e. None of the above

114. The general rule is that both husband and wife must jointly adopt except
in the following cases:

a. When one spouse seeks to adopt his own illegitimate child


b. When one spouse seeks to adopt his own legitimate child
c. When one spouse seeks to adopt the legitimate child of the other
d. A and B
e. A and C

115. Which of the following is not a ground for extinguishment of parental


authority?

a. Upon the death of the child


b. Upon adoption of the child
c. Upon appointment of a general guardian
d. All of the above
e. None of the above

116. Bruce was pronounced by his physician to be suffering from an incurable


disease and that he is going to die at anytime. Bruce was engaged to Margarita.
In view of the pronouncement of Bruce’s doctor, the two got married without a
marriage license. Six (6) months thereafter, Bruce died. The validity of their
marriage was attacked on the ground that the marriage was not a marriage in
articulo mortis. What is the status of the marriage between Bruce and
Margarita.

a. Voidable
b. Valid
c. Valid but subjects the party responsible to civil, criminal and administrative
liability
d. Unenforceable
e. Void ab initio

117. Which of the following does not characterized legal separation?

a. The marriage is not defective


b. The grounds arise only after the marriage
c. The spouses are still married to each other and cannot, therefore remarry
d. There are ten (10) grounds for legal separation
e. None of the above

118. The Civil Code of the Philippines took effect on:

a. August 30, 1951


b. June 30, 1950
c. August 30, 1950
d. June 30, 1949

119. Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend
Danny as a birthday gift. Danny readily accepted the gift with profuse
gratitude. One month later, they had a serious quarrel; hence, Charlie
demanded the return of the watch from Danny. Danny refused to return the
watch.

What is the nature of this donation?

(a) Valid, because there was intention to donate and delivery by the donor Charlie.
(b) Valid, because there was acceptance and receipt of the donated personal
property by the donee Danny.
(c) Void, because the value of the thing donated exceeded Php 5,000.00 and the
donation and acceptance were not in writing.
(d) Void, because the value of the thing donated exceeded Php 5,000.000 and the
donation and acceptance were not in a public instrument.

120. In a residential subdivision in San Pedro, Laguna, Marimar constructed and


maintained a shoe factory which emits pollution and very loud noise 24 hours
a day.

How do you classify this nuisance?

(a) Nuisance per se, because it is always a nuisance, regardless of its location and
surroundings.
(b) Nuisance per accidents, because it is only a nuisance based on its location and
circumstances.
(c) Nuisance per se, because it affects the entire subdivision
(d) Nuisance per accidents, because it affects and annoys the entire residential
subdivision.
121. Amelia and Arsenio are married. Amelia went to the U.S. to work as a nurse
in 2005. She left her two (2) children, Benjie and Cherry, 4 years old and 2
years old, respectively, with her parents, Danilo and Elenita. Later, because his
parents-in-law, do not want to give his children to him, Arsenio, through
trickery, was able to get his children from their maternal grandparents. Danilo
and Elenita are claiming that they have a better right to have custody over
Benjie and Cherry since they are financially capable of supporting the needs of
the children.

Can the grandparents claim back the children?

(a) Yes, because the mother Amelia has transferred her parental authority over the
children in favor of the grandparents.
(b) Yes, because the grandparents are more financially capable of providing for the
needs of the children.
(c) No, because parental authority should be vested on the present parent,
Arsenio.
(d) No, because the children should be given back to their mother considering that
being both less that 7 years of age, their mother must have custody over the
children.

122. Occupation is:

a. A derivative mode of acquiring ownership


b. An original mode of acquiring ownership
c. Not a mode of acquiring ownership
d. None of the above

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 was not

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 Brad’s 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. Yes, because the painting was owned by Brad


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

125. For purpose of this questions, assume all formalities and procedural
requirements have been complied with:

in 1970 Ramon and Dessa got married. Prior to their marriage, Ramon
had a child, Anna. In 1971 and 1972 Ramon and Dessa legally adopted Cherry
and Michelle respectively. In 1973, Dessa died while giving birth to Larry. Anna
had a child. Lia, Anna never married. Cherry, on the other hand, legally
adopted Shelly. Larry had twins, Hans and Gretel, with his girlfriend, Fiona. In
2005, Anna, Larry, and Cherry dies. Who may inherit from Ramon and who
may not? Give your reason briefly.

a. Lia shall inherit from Ramon because the iron-barrier rule is not applicable
his being illegitimate daughter of Anna, the illegitimate daughter of Ramon.
b. Hans and Gretel shall not inherit from Ramon, the iron barrier rule applicable
in this case. Hans and Gretel are the legitimate son of Ramon.
c. Michelle shall inherit from Ramon being the legally adopted daughter of
Ramon. She enjoys the same rights and privilege just like a legitimate child,
including successional rights
d. Shelly shall not inherit being the legally adopted daughter of Cherry, the
legally adopted daughter of Ramon. The relationship created by fiction of law
extends only the adopter and adoptee and does not extend anymore to parents
of the adopter.
e. All of the above

126. The following constitute fraud which is a ground for annulment of


marriage

a. concealment of pregnancy of the wife by a man other than the husband


b. concealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism existing at the time of marriage
c. concealment of physical incapacity of consummating the marriage and such
incapacity continues and appears to be incurable
d. letters a and b
e. all of the above

127. A valid marriage licence secured prior to the marriage is a formal requisite
to make the marriage valid except;

a. marriage in articulo mortis


b. marriage between parties who have been cohabiting for at least 5 years
without any legal impediment to marry each other
c. marriage before the consul, consul-general or vice consul between Filipino
citizens abroad
d. letters a and b
e. all of the above
128. The absolute community of properly terminates

a. upon the death of either spouse


b. when the mirage is annulled or declared void
c. upon separation of the spouses de facto
d. letters a and b
e. all of the above
ANSWER KEY IN CIVIL LAW 1

1. C 67. C
2. C 68. B
3. C. 69. A
4. C 70. D
5. C 71. E
6. B 72. D
7. C 73. D
8. B 74. C
9. B 75. C
10. A 76. A
11. C 77. C
12. B 78. C
13. A 79. B
14. A 80. D
15. B 81. A
16. C 82. C
17. A 83. D
18. D 84. A
19. A 85. A
20. B 86. C
21. A 87. C
22. D 88. C
23. D 89. B
24. B 90. A
25. C 91. E
26. B 92. C
27. C 93. C
28. D 94. A
29. B 95. A
30. A 96. B
31. A 97. C
32. A 98. D
33. D 99. A
34. B 100. C
35. A 101. C
36. B 102. C
37. D 103. D
38. D 104. A
39. C 105. A
40. C 106. B
41. D 107. B
42. D 108. B
43. B 109. D
44. B 110. D
45. B 111. D
46. D 112. B
47. C 113. E
48. B 114. E
49. A 115. E
50. B 116. B
51. A 117. D
52. E 118. C
53. E 119. C
54. D 120. B
55. B 121. C
56. B 122. C
57. C 123. C
58. D 124. C
59. E 125. E
60. D 126. D
61. D 127. E
62. D 128. E
63. E
64. C
65. E
66. C