MCO REVIEWER IN CIVIL LAW SS CIVIL LAW SET 1 Property classified as to its susceptibility of substitution is: (a) generic or specific. (b) consummable or non-consummable. —# (c) fungible or non-fungible. (d) divisible or indivisible. Possession in the concept of owner, public, peaceful and uninterrupted for the required Statutory period of time, provided there is good faith and just title, are 4 (a) Ordinary acquisitive prescription. (b) Laches. (c) Prescription of actions, (d) Extraordinary acquisitive Prescription3. Which among the following must be in writing to be valid? (a) A sale of a land. (b) Every donation of personal or movable property. , (&) A contract of partnership with a contribu- tion of an immovable. (d) An authority by the principal to an agent to sell movables. ~ 4. The sale of a vain hope or expectancy is: ® (a) Void (b) Voidable (c) Rescissible (d) Unenforcable 5. When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such con- demnation or seizure is: is ® (a) Unjustified (b) Unnecessary (c) Undivided (d) Unrequited 3 6 Which of the following is not a requisite for a donation propter nuptias? : (a) The donation must be made before the bration of the marriage 3: : oy (b) (c) (d) The donation shall be automatically re- voked in case of non-celebration of the mar- riage The donation must be made in considera- tion of the marriage The donation must be made in favour of one or both of the future spouses Which of the following marriages is void for reasons of public policy? (a) A (b) _(c) (d) Between brothers and sisters, whether of the full or half blood Between step-parents and step children Between parents-in-law and parents-in-law Between step-brothers and step sisters Patrimonial Property of the State refers to (a) 4 (b) (c) (d) Those no longer intended for public use and public service Those no longer intended for public good and public welfare Those actually possessed, occupied or util- ized by indigenous cultural minorities by themselves or through their ancestors None of the above. They are lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another. @ (b) {c) Quasi-contracts Culpa contractual(d) Solutio Indebiti { 10. The quasi-contract of negotiorum gestio requires the = following. Which is the exception? (a) There must be an abandoned or neglected property or business. (b) Someone voluntary takes charge of that abandoned business or property. A (c) The owner must consent to the manage- ment of his business or property by some- one. (d) The owner has the obligation to reimburse the expenses of the person who takes charge of his business or Property. 11. Which of the following is not a ground extinguishment of parental authority? 3 (a) Upon the death of the child (b) Upon adoption of the child (c) Upon appointment of a general guardian @ () Upon judicial declaration of incapacity civil interdiction13. An unwritten law involved in a conflict of laws case shall be proved by: (a) Affidavit executed by an officer having cus- tody of such law. (b) Applying such law ina given case. 4 (©) Oral testimony of experts or writings of Ju- rists (d) Producing of a copy of the law in question. « 14. When the debtor binds himself to pay when his ~~ means shall permit him to do so, % (a) The obligation is deemed to be one with a period. (b) The obligation is a conditional obligation. (c) The obligation is void. : (d) The obligation is unenforceable. _—= 15. Gross inadequacy of price in a contract of sale may ~~ indicate a defect in the: (a) Contract &(b) Consent (c) Consideration (d) Price ®~16. A promise to buy and sell a determinate thing for a 5s ~ price certain is : (a) Unilaterally Demandable &(b) Reciprocally Demandable (c) Legally Demandable (d) All of the above . Co-ownership exist when: 6of an undivided thing or right gs to different persons. of a divided thing or right be fferent persons. of an undivided thing or right to one person. Ownership of a common thing or right be longing to different person. < © between collateral blood relatives by half — 2) Void for being incestuous Void for reasons of public Policy (c) Void ab initio (da) Valid If a marriage was solemnized by an unauthorized person, and either or both contracting parties be- lieved in good faith tha legal authority, the marr (a) Void ab initio (b) Voidable 4 {) Valid (d) Unenforcable 20. A conceived child is born for all purposes favourable ‘ © It, provided it be born late following ae conditions, EXCEPr. ee a 0) If it had an lacs Seven months, (b) If it had an ints. seven months, uterine life of at vuterine life of more t(c) If it is alive at the time it is completely de- livered from the mother’s womb. (d) If the purpose is favourable to the con- ceived child 21. A certificate of ownership issued under the Torren’s System, through the Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances except such as may be expressly noted or otherwise reserved by law is called (a) Land Title ¢ (b) Torren’s Title (c) Certificate of Deed (d) Land Registration 22. Which of the following is NOT the basis for a petition for judicial declaration of absence of a person who has not been heard of from? ® (a) One year has elapsed and his whereabouts is unknown (b) Two years has elapsed since and his where- abouts is unknown (c) Five years passed since although an agent was previously named (d) Four years since vessel [of which he was passenger] disappeared and not found a hn uw Which of the following is NOT an effect of a loption? (a) Establish a legitimate re lationship of parent and child (b) Adopter and ad pted become nutual corr pulsory heirs of yi me anothersha Sl (c).. Severs the biological relationship between natural parents and the adopted A (d) May be reversed and set aside, if deter. mined to be in the best interest of the par- ties » 24. The following are contracts that Tequire the delivery “sof _ the subject matter before a perfected contract exists. Which is the exception? (a) An agreement to borrow /lend money. : (b) An agreement to borrow/lend a car. ; (©) An agreement to deposit 1,000 bags of ce- ment in a warehouse. @ (a) A sale of a car, : < Ms tera the following expresses a correct Principle Me wag (@) Failure to disclose facts when there is Fe duty to reveal them, does not constitute fraud. ; (b) Violence or intimidation does not render a contract annullable / if employed not by a contracting party but by a third person. (c) A threat to enforce one’s claim competent authority, if the claim is legal Just, does not Vitiate consent. &(d) Simulation of a Void contract, contract always results |(b) A and B are adjoining owners of a rural land. Each land has an area of half a hec- tare. If B sells his land to D who does not own any rural land, C has a right of re- demption. (c) If the right to repurchase is not exercised within the period agreed upon, a judicial order is necessary to consolidate ownership on the buyer. -~ 4 (d) Acontract of sale is not a mode of acquiring ownership. 27. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. Which of the following constitutes an offer? d (a) A definite offer made through an agent (b) Business advertisement of things for sale (c) Advertisements for bidders (d) A declaration of an intent to sell. £23 When goods are delivered to the buyer “on sale or ~~ return”, for a period of seven (7) days, ownership of the goods passes to the buyer, (a) Upon delivery of the goods. # (b) Upon expiration of seven (7) days. ay a by the buyer of the offer e oa Upon perfection of the contract. Rw. AZ ; ss of the land owned by another in bad ‘gan sith, is not entitled for refunds for expenses he tae incurred for the land while in his Possessions?(a) Yes, for all kinds of expenses (b) No, for all kinds of expenses, 4 (c) No, except for luxury expenses only, (d) Yes, but he has the possessory right of in- tention. 30. In case of adjunction whereby two (2) movable objects belonging to 2 different owners were incorpo: rated into one object and separation of which will cause damage to either or both objects, price is always the controlling consideration in determining which one of the two objects is the principal. (a) Yes, because naturally the most valuable — one is the principal object. & (b) No, because there are other things to con- sider first. (c) Yes, because of the principle that accessory follows the principal. (d) Yes, provided he is in good faith, 31. Which of the contracts below are rescissible? # (a) Those entered into by guardians w the wards whom they represent suffer sion by more than one-third of the value the object subject matter thereof. (b) Those entered into by " lesion suffered is one fourth of the value! the property. eS" SS aWhat is the effect if the second heir dies ahead of the first heir in a fideicommisary substitution? Choose the best answer, (a) (b) # (c) (d) No, transmission of right from the first heir to the second. No right of representation The right shall be transmitted to the heirs of the second heir. None of the above. Can a criminal convicted of a crime which carries civil interdiction execute his will? (a) (b) po (d) Yes, it is his statutory right. No, it is an accessory penalty. Yes, it only prohibits disposition of prop- erty inter vivos, not mortis causa. No, it is inconsistent with public policy. In case a holographic will is lost, can it still be probated? (a) (b) © (d) No, because the best and only evidence of the handwriting is the will itself. No, the probate court has no jurisdiction. No, because the testator is still living, Yes, because secondary evidence may be presented. . The nature of action in Quieting of Title is in personam, — (a) No, it is always a real action since the sub- ject is real property.(b) No, because the decision is enforceable against the whole world. (c) Yes, provided the subject is personal Prop. erty. (d) Yes, because the decision is enforceable only against the defeated party. 36. 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. ™ 37. 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 a bad faith. = (c) Yes, but only to luxury expenses, & (a) Yes, but only to necessary expenses. ' 38. In the contract of usufruct, the owner of the property : oa is being called the naked owner, Why? (a) Because the owner lost possession of property. (b) Only if the subject is real property. (c) Because of the agreement of the parties: O(a) Because he was divested of his two (2) a jor rights. .39. Future property can be mortgaged when: (a) it is described specifically in the mortgage agreement. “ (b) the property originally mortgaged deterio- tates and the future property is given as re- placement. (c) the mortgagor and mortgagee agree in writ- ing. (d)_ it is described specifically in the mortgage agreement and registered in the appropriate Register of Deeds. 40. A Filipino citizen of legal age may apply this current year for the registration of: (a) land deposited in 2005 by avulsion beside his riparian lot. (b) land declared alienable and disposable in 1990 but occupied by him and earlier by his parents since 1943, 6 (c) private fishpond converted into a mangrove plantation. (d) alluvial deposited in a shallow lake. 41. During an original registration proceeding, the applicant mortgaged the subject land by means of a deed of sale with right of repurchase (pacto de retro) but failed to redeem within the period of redemption. The court must: (a) substitute the vendee for the applicant a(b) continue the Proceeding even w ithout sub- stitution of the applicant(c) suspend the proceeding in case of the dis. pute between the applicant and the mort- gagee/vendee. (d) require the mortgagee/vendee to file his opposition in the proceeding. 42, A private corporation can be an applicant jn registration proceeding provided: (a) itis at least 60% Filipino-owned. (b) itis 100% Filipino. (c) it has been in possession of alienable and disposable land for 30 years since 12 June 1945, : & (d) it acquired the land from a Filipino who had been in possession thereof for 30 years since 12 June 1945, i “> 43. A guarantor is liable for judicial costs when: (a) the debtor is in delay. (b) the debtor has been sued for payment, (c)_ the guarantor is in delay. : @(d) the guarantor has been sued for payment. 4 In a commodatum, in case of fortuitous event, bailee is still liable for the loss of the thing if: (a) if he lends the thing loaned to a nom household member. (b) if stipulated. (c) if the thing loaned has been previously Praised. : (d)" if he used the thing and it caused det tion. : 4i : 45. Which statement best describes the profit sharing relationship of a general partnership where the partners have agreed only on voting percentage and (a) % (b) (c) (d) cat? (a) # (b) (c) (d) (a) (b) the voting shares are unequal? Partners share in proportion to their voting percentage Partners share in proportion to their contri- butions to the capital and assets of the part- nership Partners share equally. Partners cannot share until they unani- mously agree upon a distribution. _— 46. May a wealthy pet-owner donate property to his pet Yes, he can because the cat has juridical ca- pacity. No, he cannot because the cat has no juridi- cal capacity. Yes, he can because the cat is a living crea- ture. No, he cannot because the cat has no capac- ity to act. 47. A conveyance by a partner of his whole interest in the partnership— automatically dissolves the partnership entitles the assignee to immediately inter- fere in the management of the business entitles the assignee to immediately inspect partnership books= 48. 49. - The liability of debtors is joint, not solidary, when (d) entitles the assignee to receive the which the assignor would have tled . PYofits to been eng. The following cannot be considered as a fortuitous event: (a) Earthquakes and tsunamis te (b) War and labor unrest (c) Declaration of Martial law (d) Other acts of God and nature An “Undertaking for the Use of Safety Deposit Box” — which holds free and blameless a hotel for loss of its content is: (a) valid if posted in the hotel room. @ (&) valid if signed by the hotel guest. (c) null and void if not posted and/or signed. _ ¢7(d) null and void at all time. The following test is not available to determine whether a witness signed in the presence of the : testator and the other witnesses: (a) The Test of Sight (b) The Test of Position < (c) The Test of Available Senses (a) The Test of Knowledge following word is used to describe their liability: (a) Individually i (b) Separately » ©) Jointly 16~Y (d) Distinctively The plaintiff proved his loss but did not present competent evidence for the amount of the loss. He can be awarded: (a) actual and moral damages (b) nominal and moral damages 4 (c) temperate and moral damages (d) liquidated and exemplary damages Mitigation of the amount of damages is not justified when: (a) there is contributory negligence (b) pari-delicto rule applies (c) it cannot be determined who of the plaintiff and defendant violated the contract first (d) the plaintiff did not exercise diligence to minimize his loss A pledge agreement allowed the pledgee to transfer the pledged shares in pledgee’s name in the relevant corporate books if the pledgor fails to remedy a payment default within thirty (30) days from receipt of a written demand from the pledgee. Is the stipula- tion valid? (a) No, because it dispenses with the payment of taxes due on the transfer. & (b) No, because it constitutes pactum commis- sorium (c) Yes, because the transfer is not autom ie., only after pledgor fails to Pp the curing period atic ay during* (d) Yes, because the transfer is only an act of administration. 55. When the agent is possessed of a Special Power of Attorney authorizing him to mortgage the properties of the principal, and he obtains a personal loan from the bank and executes the Real Estate Mortgage over the properties of his principal but with himself (the agent) as the mortgagor, then— : @(a)_ the Real Estate Mortgage is void. (b) the Real Estate Mortgage is unenforceable. (c) the Real Estate Mortgage is valid. (d) the Real Estate Mortgage is voidable. “56. Since an agent assumes no personal liability on | contract he enters into in the name of the principa the agent indeed is a minor, then the agency into is— (a) valid and cannot be annulled. + (b) valid until annulled. (c) void. (d) unenforceable, unless ratified. The benefit of division shall not take place w! (a) thedebtorhasabsconded.(b) Between the adopter and the surviving spouse of the adopted child. Between a stepson and a stepdaughter. (d) Between a parent-in-law and a child-in-law. 59. What is not partner? a proper contribution of a limited (a) apiece of land (b) 500,000 and an office building (c) an expensive sports car # (d) engineering expertise 60. The following act can be delegated by a testator: (a) The effectivity and operativeness of the delegation of an heir, legatee or devisee. (b) The duration of the designation of an heir, legatee or devisee. (c) The determination of the portion which an heir, legatee or devisee, who is referred to by name, can take. 4 (d) The distribution of property that may be left in general to specific classes or causes. 61. Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. They stipulated that Mag- dalene shall be the administrator of the real proper- ties of Shantung Company in the said country. By virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company, located in Singa- pore to Mayhem Real Estate Corporation without any special power of attorney. The said contract of sale was executed before the vice consul of the Ph Bese ; ilippines in Singapore. Under the laws of Singapore, th le sale of 19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 follow- ing 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 instru- ments 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 Sin- gapore shall govern. “ty (©) Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instru- ments 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 au- thorize Magdalene to sell the property. 62. “T”, who had no compulsory heir, died leaving a will whereby he gave a devise of a commercial land and a building thereon to his brother, “B”, as the first heir, imposing upon the latter the obligation to preserve and to transmit the Property upon his death, to “S”, the son of “B”, jb. the first heir and.“S”, the second helz, were both living at the time of the death of the testator. How- Cver, “S” the second heir died ahead of “B”, the first heir. “S” was survived by “W”, his wife, as his only , 20heir. Upon the death of “B”, is “W” entitled to the property? &(a) Yes, because “S” the second heir acquired the right to the property from the time of the testator’s death, and even if “S” died ahead before “B”, the right of “S” is trans- mitted to “W” as his only heir. (b) No, because the fideicomissary substitution of heirs is not valid since “B” is not one degree (generation) related to “T”, the testa- tor. (c) No, because “W” is not an intestate heir of “Br, (d) No, because “W” is not the legal heir of “T”. 63. Robert, a foreign national, who had just arrived in the Philippines on February 12 purposely to marry Maria, executed a false joint affidavit with Maria that both have been living together as husband and wife for at least 5 years, without any impediment to marry each other. Hence, Robert and Maria were married before a judge on February 14 without a marriage license. Is the marriage valid? @ (a) No, the marriage is void because of the ab- sence of a marriage license which is essen- tial to the validity of a marriage. (b) Yes, because the absence of a marriage |i- cense is a mere irregularity. (c) Yes, because the affidavit, although falsi- fied, dispenses with the requirement of a marriage license. (d) Yes, the marriage is voidable, valid until annulled. a64. A marriage between “H,” 21 years of age, and “Ww” 17 years of age is: @ (a) void. (b) voidable, and may be annulled by either ce or “W.” (c) valid, but will subject the parties responsi- ble to civil, administrative and criminal li- ability, (d) voidable, and may be annulled only by ow” 65. Your client lost a loan agreement containing a real estate mortgage executed by your clients some 15 years ago which the client was able to register and the transfer certificate of title over the property was duly annotated. Your client is the mortgagee and all your client has in its possession at the moment is the owner's duplicate certificate of title. The loan appears — to be in arrears but your client needs to find out about the terms of the loan agreement before taking any further action. Your client turns to you for help, what do you do? (a) file for an extrajudicial foreclosure (b) demand for a copy of the loan agreement from the other party and should the other party fail to provide said document, file for — judicial foreclosure ; 4 (©) took up the loan agreement in the primary ES book of entry and then request for a copy from the registrar of deeds (d) check the reverse side of the owner's certifle cate of title for the encumbrance annotated | thereon66. A lis pendens annotated on the title was ordered cancelled by the Regional Trial Court (RTC) after it granted a motion to dismiss of the defendant. The defendant filed an appeal and demanded that the Registry of Deeds desist from canceling the lis pendens. The Registrar of Deeds filed a motion for reconsideration of the order of the RTC with the RTC. What is the status of such a motion? (a) The motion should be granted by the RTC since an appeal has been filed before the lis pendens was cancelled. A(b) The Registrar of Deeds should have ele- vated the matter to the Commissioner of Land Registration instead of addressing it to the RTC. (c) It will depend if at this stage the lis pendens is still necessary to protect the rights of the party who caused it to be registered and the motion may be granted or denied accord- ingly. (a) The motion was filed in the wrong court and should be filed with the Court of Ap- peals. * 67. Alfonso and Associates, Inc..a general partnership organized for the practice of accounting borrowed money from Vic. Alfonso and Associates, Inc. secured his obligation by mortgaging a parcel of land it owned. The due date of the obligation fell due and passed without Vic being paid. Vic foreclosed the mortgage. The sale of the property was registered on the title of the same on 15 April 2003. The w: bidder at the sale was Jeff. Alfonso and Associates then offered to pay the full tedemption price on 15 March 2004. Can Jeff refuse to allow inning the redemption? 23» (a) No, because the creditor is an individual, (b) No, because the debtor is a juridical entity, (c) Yes, because three (3) months have lapsed since the sale. (d) Yes, because the foreclosure was Properly done. 68. Fred delivered to Dennis a laptop computer and fold him that he could use it. Fred and Dennis entered into — a contract of: x (a) mutuum (b) deposit #(c) precarium % (d) commodatum 69. 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, prevent ’ ing him from taking the examinations unless he marries Liza. As a consequence of the threat, Noel married Liza. Can the marriage be annulled on iy ground of intimidation under Article 45 of the Family _ Code? < (a) Yes, because without the threat, would not marry Liza. (b) Yes, because the threat, to enforce of Liza, vitiates the consent of Noel tracting the marriage. ae oe 20 No, because the threat made by Miguel justand legal.70. (d) No, because Miguel is not a party to the contract of marriage between Liza and Noel. X was disinherited by his father Y. In the probate of Y’s will, can the children of X represent their disin- herited father? (a) No, the disinheritance affects the heirs of the disinherited person. # (b) Yes, representation is allowed in case of dis- inheritance. (c) Yes, substitution of the disinherited person is allowed. (d) No. Representation is not allowed by law. 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 isa compulsory heir. (b) Yes, he is the legal representative. -g (©) No, there is no blood relationship between A and C. (d) No, he is a voluntary heir. 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 renounce his inherit ance from his father. A (b) Yes, the right of accretion applies, {c) No, because the renunc lation is void (d) No, bec ause the renunciation js Not in writ ing.73. Three years after marriage, wife learned that husband is afflicted with STD. Apparently, he has been af- flicted 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 hus- band. ~(c) Within five years upon knowledge of the STD. (d) Anytime during the lifetime of the wife. 74. 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 — es by Jessie £ (©) Yes, because the donation never produced | any legal effect as Casey, the sup) ts donee, never acquired civil personality. (d) Yes, because the donation is void as theme ceptance was not made in a public instr” ment, thus producing no legal effect. 5 75, Glenda, a Filipino citizen and John Riel, an A\ on citizen, got married in the consular office of ee Philippines in Australia. According to the laws, Australia, a marriage solemnized by 4 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 author- ity to celebrate the marriage. (c) Voidable, because there is an irregularity in the authority of the consular official to sol- emnize marriages. (d) Valid, because such marriage is recognized as valid in the place where it was cele- brated. — 76. Lisa bought a lot from Meg. Lisa paid a 30% downpayment and undertook to pay the balance of the price in 60 equal monthly installments. Lisa mortgaged the lot to Meg to secure payment of the balance. Lisa defaulted in the payment of the install- ments. Meg sued to resolve the sale, Can Meg opt to resolve the sale? (a) No, because availability of foreclosure pre- cludes an action for resolution. A(b) No, because the mortgage of the lot con- i summated the sale transaction {c) Yes, because the creditor can opt for resolu tion, collection or foreclosure. (d) Yes, because Meg gave up remedy of fore closure upon suing for resolution, © 77. Borrower borrowed Php1,000,000 fro: m Lender. In the ARS Joan contract, Borrower agreed to pay (a) interestA 78, monthly at the rate of 1.1% per month and (b) the principal on or before the second anniversary of the loan. To secure payment, Borrower gave Lender written authority to collect the rentals due from lessees of Borrower's three (3) condominium units and to apply them to the interests and the Principal as they accrue pursuant to the loan contract. If Borrower defaults, can Lender foreclose the units? (a) No, because an antichresis requires posses- sion by Lender of the units. (b) No, because the written authority did not state the principal and interest. #(c) Yes, because the written authority and the loan contract evidence an antichresis. (d) Yes, because the written authority includes the authority to foreclose. Lender loaned P1,000,000 to Borrower. Borrower secured payment of the loan with a pledge by Pledgor of shares worth P1,200,000. Borrower de- faulted. After Borrower refused several demands for payment of the Loan, Lender caused the notarial sale of the pledged shares. The public auction was sched- uled on 24 September 2010 at 9:00 a.m. Borrower and Pledgor separately received notices of the auction from the notary public on 23 September 2010 at 4:00 p-m. Borrower and Pledgor were not able to attend the auction due to the short notice. Hence, ene was the sole and winning bidder with a eg Php1,200,000. Borrower and Pledgor questioned validity of sale. Do they have basis to do so? (a) No, because they received reasonable n tice. (b) No, because Lender pai the shares. d the full worth of¢ 79. Bank, Inc., a duly licensed banking institution, (c) Yes, because it amounts to pactum commis- sorium. % (d) Yes, because only the Lender participated in the bid. extended a P10,000,000 loan to XYZ Corp., a local corporation. XYZ Corp. secured the loan with a real estate mortgage on its office building. The mortgage contract authorized an extrajudicial foreclosure of the mortgage. XYZ Corp. defaulted and Bank, Inc. extrajudicially foreclosed the mortgage on 31 March 2002. Bank, Inc.-was the winning bidder at the foreclosure. On 25 July 2002, XYZ Corp. offered to redeem the foreclosed property. Bank, Inc. refused but registered the sale only on 30 August 2002. Can XYZ Corp. redeem the property? (a) No, because the sale was already registered. # (b) No, because the redemption period already lapsed. (c) Yes, because the offer to redeem was made prior to registration. (d) Yes, because the redemption period is one year from date of registration. . A loan agreement contains the following provision: “Interest. The Borrower shall pay interest, computed and compounded monthly. The Lender shall have the right to adjust the interest rate on the Loan every ninety (90) days from date hereof based on changes in (a)-prevailing interest rates of the top five (5) com- mercial banks in Makati City for similar loans time deposits, (b) Philippine peso-US dollar ex rate, (c) inflation rate, and (d) other relevant economic and financial factors.” Is provision valid? and change 29* (a) No, because it violates the mutuality of con- tracts. (b) No, because there is no de-escalation clause (c) Yes, because of the principle of autonomy of contracts. (d) Yes, because there is a reasonable adjust. ment formula, ** 81. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following, statements is more likely in accordance with accepted legal principles? (a) Mr. P may initiate a criminal action against Allied Bus Lines. (b) Mr. P may initiate-a civil action against Al- lied Bus Lines based on a breach of contract — theory only. ae Mr. P may initiate a criminal action only — against the driver of the bus. (d) Mr. P may initiate civil action for damages ‘ on a quasi-delict theory against the driver of the bus. * 82. Marta offered to sell her 2007 model car tn lee ~ price certain but the latter told her that she decide to buy within three days. At around 9 o'cles! in the morning of the third day, Marta ae Josie withdrawing her offer while Josie, on the day at around 3 o'clock in the afternoon, infor Marta through a messenger that she was —o the offer. Marta received Josie’s acceptance morning of the fourth day while Josie £0Marta’s withdrawal in the afternoon of the same day. Is there a perfected contract of sale? » (a) (b) 40 (d) There is because the offer was accepted. There is none since there is no consideration given for the exercise of the option whether to buy the car or not. There is none since when the offer was ac- cepted it was no longer existing. There is since the offeror received first the acceptance than the offeree who received the withdrawal of the offer later in the day. Jose, who borrowed P50,000.00 from Maria, executed a promissory note to pay the amount to Maria “at such time that he (Jose) wants to pay”. Can Maria demand immediate payment from Jose? av (a) (b) (c) No. Maria must first file a case in court to fix the period of payment of Jose’s obliga- tion since the obligation does not fix a pe- riod to pay and it can be inferred that a pe- riod is intended by the parties. No, the obligation of Jose to pay is void be- cause it depends upon the sole will of Jose. Yes, the obligation of Jose is demandable at once because it is a pure obligation, there being no period nor condition thereof, A”, “B” and “C”, as debtors in a contract of loan, executed a promissory note whereby they promised and obligated themselves to pay, jointly and sever- ally, “X", “Y" and “2”, their solidary creditors, the amount of P90,000.00 on March 2, 2010, On March 2 2010, how much can “X” collect from “A”? : A (a) 90,000.00 oT(b) P30,000.00. (c) P60,000.00. (d) 10,000.00. § 5, Jose purchased a parcel of land from Pablo, kno} — it was then under litigation between the latter and Pedro. He planted coconut trees and built a rampart to prevent erosion. Eventually, Pedro won the case, Jose should be reimbursed: (a) nothing at all (6) purchase price (c) value of coconut trees ¥ (d)_ expenses for rampart 86. 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, — gal 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 install ments were paid from the conjugal partner: - ship funds. : ® (b) The land is paraphernal because ownership - thereof was acquired before the marriage: E (©) The land is both conjugal and paraphernal : because the installments were paid. fromLAW LIBRARY both the personal funds of Wendy and the conjugal partnership funds. (d) The land is paraphernal because it was Wendy who purchased the same. Spouses Reynaldo and Ana decided to separate and to voluntarily 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 mar ried to each other when the creditors ob- tained a favorable judgment against Ana (c) No, because the properties of Reynaldo are his exclusive properties as they were ob tained through his own efforts and indus- tries. (d) No, because there was an agreement be- tween the parties to voluntarily dissolvec their conjugal partnership dissolved BG _2ondian‘ 88. Clark Kent, an American national, Married Dara 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 US, embassy tenable? : (a) Yes, because the law provides that when ei- ther or both of the contracting parties are citizens of a foreign country, it shall be nec- essary 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. 9 (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 is sued a certificate of legal capacity to com tract marriage, thus, curing the defect in the issuance of the marriage license. 4 (4) No, because the absence of the certificate of legal capacity to contract marriage is a Me irregularity in the formal requisites of mar riage, thus it will not affect the validity the marriage. 91 89. Excited over their impending marriage, the partie overlooked the expiration date of their ma license but just the same the marriage was nized two days after its expiration date, The 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 li- cense. 90. 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 A (©) One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property. (d) aandb 91. 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 4% (©) Yes, provided the child be born alive or to live for at least 24 hours under certain con- ditions (d) No, because the donee has no name yet to whom the land is to be transferred(d) The surviving spouse shall inherit % of the estate. 95. A repudiated his inheritance from his father. Can he be represented by his son, B? (a) Yes, repudiation do not affect right of rep- resentation. A (b) No, because heirs who repudiate their share may not be represented. (c) Yes, because the act of repudiation is con- trary to public policy. (d) None of the above. _ 96. 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. 4(b) No, because there was no gratuitous con- veyance. (c) Yes, because the heirs are already the own- ers of the conveyed properties. (d) Yes, they are considered advanced legitime. x 97, The northeastern portion of the land of X is bounded by the Manila bay. If there is accretion formed, w ho owns the accretion? Choose the best answer (a) The riparian owner (ob) The accretion belongs to the State. {c) The owner of the contiguous land {d) Belongs to the land adjoining it 5798. X,Y, and Z are co-owners of a real Property which was mortgaged to A. X redeemed it during the periog 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 ow nership. (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. : \ 99. Carla is the creditor of Claire in the amount of # 5,000,000.00. Melvin and Rommel served as guaran-— tors of Claire. Claire made a few bad investments and — thus was left with only the clothes on her back, with — debts amounting to 2 25,000,000.00, including the debt to Carla. Carla immediately demanded payment of B 5,000,000.00 from Melvin. Melvin opposed. DECIDE. (a) Carla can collect P 2,500,000.00. (b) Carla cannot collect from Melvin due to the benefit of excussion. (Q Carla cannot collect from Melvin due to ¥ benefit of division. a (a) Carla can collect P 5,000,000.00. ~ finance a business venture, As “security, eal me a parcel of land to Joel. The loan mortgage agreements signed by the parties Cen ae Ri eeet oritoen fis ofan BMEee Joel. Gabriel sold the parcel of land to Norman without first offering it to Joel. Joel sued Gabriel for violation of their agreements. DECIDE. (a) Gabriel wins but the sale to Norman is re- scissible. (b) Gabriel wins and the sale to Norman is valid. (c) Joel wins and the sale to Norman is rescis- sible. (d) Joel wins and the sale to Norman is void- ableD2. 93) » A, a minor, executed a last will and testament. died at the age of 21, after which his will was submip. ted 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. 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 revo-_ cation. 4 (©) The tearing of the will may amount to revo- i cation if coupled with intent of revokingit (d) The act of tearing the will is material. X and Y are married. The marriage was ome : under articulo mortis, and the testator died within : months from the time of marriage. What is X's of his spouse’s inheritance? Choose the best answer (a) The surviving spouse shall inherit whole hereditary estate. ce (b) The surviving spouse shall inheri ¥ of the estate. . $ (©) The surviving spouse shalt inherit the estate, a