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a) Minority
b) Marriage
c) Deaf-mute
d) Civil Interdiction
3. This attribute or incident of a case determine
whether it is a conflict-of-laws case or one covered by
domestic law.
a) Cause of action
b) Foreign element
c) Jurisdiction
d) Forum non conveniens
4. The capacity of an heir to succeed shall be
governed by the:
a) national law of the decedents heirs
b) law of the country where the decedent was
a resident at the time of his death
c) Canadian law
d) Japanese law
11. A French national revokes his will in Japan where
he is domiciled. He then changed his domicile to the
Philippines where he died. The revocation of his will in
Japan is valid under Japanese law but invalid under
Philippine law. The affected heir is a Malaysian
national residing in the Philippines. What law will
apply?
a) Japanese law
b) Philippine law
c) French law
d) Malaysian law
12. In the absence of contrary stipulation in a
marriage settlement, property relations of Filipino
spouses shall be governed by ---
c) Indonesia law
a) Philippines laws
d) Japanese law
b) Philippine law
a) cannot be probated in the Philippines;
c) Singapore law
d) Japanese law
10. Pedro (Filipino) and his wife Jane (American)
executed a joint will in Canada, where such joint will is
valid. In case the joint will is probated in Japan, what
law will govern the formalities of the joint will?
a) American law
b) Philippine law
b) Void
c) Voidable
d) Unenforceable
17. What is the status of the marriage between
Charice and Bugoy under Philippine laws?
a) American law
a) Valid
b) Philippine law
b) Void
c) Australian law
c) Voidable
d) Japanese law
d) Unenforceable
b) Void
c) Voidable
d) Dissolved
16. What id the status of the marriage between
Charice and Bugoy under Philippine laws?
a) Valid
d) b and c
29.
The
following
constitute
the
different
circumstances or case of fraud which will serves as
ground for the annulment of a marriage, except?
made
in
c) 15
d) 16
35. Which of the following DOES NOT result in
permanent termination of parental authority?
a) Death of the parents.
a) 30 and 15
b) 27 and 16
c) 50 and 10
d) 18 and 15
34. Under RA 8043, a child qualified to be adopted is
any person below _____ years old.
a) 18
b) 21
a) Accion publiciana
d) Quieting of Title
b) Accion reinvindicatoria
c) Accion interdictal
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
a) Will/Succession
b) Mortgage
c) Pledge
d) Lease
c) rivers.
d) lands reclaimed by the state from the sea.
44. Which of the following statements is wrong?
a) patrimonial property of the state, when no
longer intended for public use or for public
service, shall become property of public
dominion.
c) Accion interdictal
d) Quieting of Title
c) Prestation
d) Contract
49. It is a juridical relation arising from lawful,
voluntary and unilateral acts based on the principle
that no one should unjustly enrich himself at the
expense of another.
a) Quasi-contract
46. Donation is perfected from the moment --a) the donee accepts the donation.
a) Act or omission
b) Fault/negligence
c) Damage/injury
are
the
elements
of
an
d) Pre-existing contract
51. A debtor is liable for damages in case of delay if
he is guilty of any of the following, except:
a) default (mora)
b) mistake
a) Juridical/Legal Tie
c) negligence (culpa)
b) Active subject
c) Passive subject
d) Consideration
48. It is a conduct that may consist of giving, doing, or
not doing something.
a) Obligation
b) Mora solvendi
b) Juridical necessity
c) Compensation morae
d) Solution indibiti
53. The following are the requisites of mora
solvendi, except:
a) Negligence
b) Fraud
c) Delay
d) Mistake
55. The following are the requisites of fortuitous
event, except:
a) Cause is independent of the will of the
debtor.
b) The event is unforeseeable/unavoidable.
c)
Occurrence
renders
it absolutely
impossible for the debtor to fulfill his obligation
in a normal manner; impossibility must
be absolute not partial, otherwise not force
majeure.
d) Debtor contributed to the aggravation of the
injury to the creditor.
56. A debtor may still be held liable for loss or
damages even if it was caused by a fortuitous event
in any of the following instances, except:
c) P 100,000.00
c) All contracts are required to be in writing.
d) P 150,000.00
61. Dina bought a car from Jai and delivered a check
in payment of the same. Has Dina paid the
obligation? Why?
a) No, not yet. The delivery of promissory
notes payable to order, or bills of exchange or
other mercantile documents shall produce the
effect of payment only when they have been
cashed, or when through the fault of the
creditor they have been impaired.
b) Yes, because a check is a valid legal tender
of payment.
d) Relativity of contracts
b) Acceptance of the offer by the offeree.
66. It refers to the rule that a contract is binding not
only between parties but extends to the heirs,
successors in interest, and assignees of the
parties, provided that
the
contract
involved
transmissible rights by their nature, or by stipulation or
by law.
a) Obligatory force of contracts
b) Mutuality of contracts
contracts
are
c) Autonomy of contracts
d) Relativity of contracts
67. It is rule which holds that the freedom of the
parties to contract includes the freedom to stipulate,
provided the stipulations are not contrary to law,
morals, good customs, public order or public policy.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
68. The following are the ways by which innominate
contracts are regulated, except:
78. The creditor has the right to the fruits of the thing
from the time:
a) Pactum commissorium
a) voidable
b) rescissible
c) void
d) unenforceable
80. When both parties to the contract are minors, the
contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
81. When the consent of one of the parties was
vitiated, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
82. An obligation which is based on equity and natural
law is known as:
a) pure
c)
A donation
worth P 4,500.00.
of
wrist
watch
b) quasi-contract
c) civil
d) natural
83. Consent was given by one in representation of
another but without authority. The contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
of
succession
are
as
a) Death of decedent
b) Transmissible estate
c) Existence and capacity of successor,
designated by decedent or law
d) Payment of Taxes
of
succession
are
as
a) It is a legal contract.
b) Contracts take effect only between the
parties, their assign and heirs, except in case
where the rights and obligations arising from
the contract are not transmissible by their
nature, or by stipulation or by provision of law.
c) If a contract should contain some stipulation
in favor of a third person, he may demand its
fulfillment provided he communicated his
acceptance to the obligor before its
revocation.
d) In contracts creating real rights, third
persons who come into possession of the
object of the contract are not bound thereby.
89. Which phrase most accurately completes the
statement Any third person who induces another to
violate his contract:
rights
a) Legal support
b) Parental authority
c) Right to inherit
d) Agency
are
extinguished
by
93.
The
attestation
following, except:
clause
contains
the
c) fideicommissary
d) disposicion captatoria
c) notary public;
a) reserva troncal
d) the instrumental witnesses witnessed and
signed the will and all the pages thereof in the
presence of the testator and one another.
b) preterition
c) fideicommissary
d) disposicion captatoria
98. Which phrase most accurately completes the
statement If at the time the contract of sale is
perfected, the thing which is the object of the contract
has been entirely lost:
of
Armand's
estate
is
(B) P300,000
(C) P400,000
(D) P150,000
(E) None of the above.
I. (2) How much is Dante's share in the net
estate? (1%)
(A) P150,000.
(B) P200,000.
(C) P300,000.
(D) P400,000.
(E) None of the above.
2013
I. Armand died intestate. His full-blood brothers,
Bobby and Conrad, and half-blood brothers, Danny,
Edward and Floro, all predeceased him. The following
are the surviving relatives:
(D) P200,000.
(C) P300,000.
(D) P0.
(B) P175,000.
(C) P280,000.
(D) P200,000.
(E) None of the above.
V. (2) In 2007, how much is the share of 0, a
limited partner, in the net loss of P500,000?
(1%)
(A) P 0.
(B) P1 00,000.
(C) P125,000.
(D) P200,000.
(E) None of the above.
V. (3) Can the partnership creditors hold L, 0
and Pliable after all the assets of the
partnership are exhausted? (1%)
(A) Yes. The stipulation exempting P
from losses is valid only among the
partners. L is liable because the
agreement limiting his liability to his
capital contribution is not valid insofar
as the creditors are concerned.
Having taken part in the management
of the partnership, 0 is liable as
capitalist partner.
(B) No. P is not liable because there is
a valid stipulation exempting him from
losses. Since the other partners
allowed him to engage in an outside
business activity, the stipulation
absolving P from liability is valid. For
0, it is basic that a limited partner is
liable only up to the extent of his
capital contribution.
(C) Yes. The stipulations exempting P
and L from losses are not binding
upon the creditors. 0 is likewise liable
because the partnership was not
formed in accordance with the
requirements of a limited partnership.
(D) No. The Civil Code allows the
partners to stipulate that a partner
shall not be liable for losses. The
registration of the Articles of
Partnership
embodying
such
stipulations serves as constructive
notice to the partnership creditors.(E)
Lito was a commercial pilot who flew for PacificMicronesian Air. In 1998, he was the co-pilot of the
airline's Flight MA916 that mysteriously disappeared
two hours after take-off from Agana, Guam,
presumably over the Pacific Ocean. No trace of the
plane and its 105 passengers and crew was ever
found despite diligent search; Lito himself was never
heard of again. Lito left behind his wife, Lita, and their
two children.
VIII.
Which of the following actions or defenses are
meritorious: (1%)
(A) An action for recovery of downpayment
paid under a rescinded oral sale of real
property.
X.
2014
V.
What is the effect of preterition ? (1%)
(A) It annuls the devise and legacy
XIX.
Who enjoys the Right of Retention? (1%)
XXI.
(B) avulsion
XIV.
(C) alluvium
XXIII.
After undergoing sex reassignment in a foreign
country, Jose, who is now using the name of "Josie,"
married his partner Ador. Is the marriage valid? (1%)
(A) Yes, the marriage is valid for as long as it
is valid in the place where it is celebrated
following Article 17 of the Civil Code.
(B) Yes, the marriage is valid if all the
essential and formal elements of marriage
under the Family Code are present.
(C) No, the marriage is not valid because one
essential element of marriage is absent.
(D) No, the marriage is not valid but is
voidable because "Josie" concealed her real
identity.