Multiple Choice Questions 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.
CIVIL REVIEW I
8. X and Y are married. They have children A, B, and C.
1. A executed a will consisting of ten pages. At the probate, During the lifetime of X, A renounced his inheritance from
B, one of his children interposed an opposition on the his father. Upon X’s death, will the right of accretion
ground that one of the pages of the same has not been apply?
signed by A and one of the witnesses. Rule on the
opposition. a. Yes, A may renounced his inheritance from his
father.
a. The testator and the instrumental witnesses must b. Yes, the right of accretion applies.
sign. c. No, because the renunciation is void.
b. The defect is fatal if there is failure to have the d. No, because the renunciation is not in writing.
original signatures.
c. If there was mere inadvertence of one of the true 9. A repudiated his inheritance from his father. Can he be
witnesses or even the testator, the will must be represented by his son, B?
admitted.
d. The will should not be admitted. a. Yes, repudiation do not affect right of
representation.
2. A, a minor, executed a last will and testament. He died at b. No, because heirs who repudiate their share may
the age of 21, after which his will was submitted to not be represented.
probate. If you were the judge, would you approve it? c. Yes, because the act of repudiation is contrary to
public policy.
a. Yes, because the will is valid. d. None of the above.
b. Yes, because the testator is capacitated.
c. No, because the will is void. 10. If a compulsory heir is disinherited, is it limited to his
d. No, because the will is not in accordance with law. legitime?

3. The attestation clause of X’s will do not contain his a. No, it also covers the free portion.
signature. At its probate, it is being opposed on that b. Yes, it is limited only to his legitime.
basis. Is the opposition correct? Choose the best answer. c. Disinheritance affect only the free portion but not
the legitime
a. Yes, because it is fatal defect. d. None of the above.
b. Yes, the will is not valid.
c. No, attestation clause is not an act of the testator. 11. Rights to succession are transmitted:
d. No, attestation clause is not a part of a will.
a. On date of last will and testament
4. After A has executed a will, he tore it out of anger because b. On probate of will
B and C were disputing the fact that a house and lot at c. On death of testator
San Lorenzo Village should have been given by A to C d. On date of death of surviving heir
when the will gives it to B. Discuss whether the will was
revoked or not. 12. What law shall determine the validity of a will?

a. The mere act of A is immaterial a. The national law of testator

b. The tearing of the will may amount to revocation b. The law at the time it is made
c. The tearing of the will may amount to revocation if c. The law at the time of probate of the will
coupled with intent of revoking it. d. The law at the time of death of the testator
d. The act of tearing the will is material.
13. A holographic has no date except one found on the first
5. What is the effect if the second heir dies ahead of the first page, is the will valid?
heir in a fideicommisary substitution? Choose the best
answer. a. Yes, because the law does not specify the place
where the date should be placed.
a. No, transmission of right from the first heir to the b. No, because the date should be after the signature
second. of the testator.
b. No right of representation c. No, because it did not follow the requirements of
c. The right shall be transmitted to the heirs of the law.
second heir. d. Yes, because the intention of the testator must be
d. None of the above. respected.

6. Suppose the reservista is survived by the uncles and aunts 14. In case a holographic will is lost, can it still be probated?
and by the nephews and nieces of the propositus, who
shall be entitled to the property reserved? Choose the a. No, because the best and only evidence of the
best answer. handwriting is the will itself.
b. No, the probate court has no jurisdiction.
a. The uncles and aunts shall inherit the property c. No, because the testator is still living.
b. The nephews and nieces of the decedent survive d. Yes, because secondary evidence may be
and are willing and qualified. presented.
c. The uncles and nephews shall inherit together.
d. The aunts and nieces shall inherit together. 15. Disposition captatoria means that the heir shall make
provisions in his will:
7. X and Y are married. The marriage was contracted under
articulo mortis, and the testator died within 3 months from a. In favor of another heir
the time of marriage. What is X’s share of his spouse’s b. In favor of testator or any other person
inheritance? Choose the best answer. c. In favor of the state
d. In favor of a legatee
a. The surviving spouse shall inherit the whole
hereditary estate.
16. Preterition or omission of one, some, or all the 23. What crimes committed by a convict will disqualify him
compulsory heirs, or some of compulsory heirs in the as an instrumental witness to a will?
direct line whether living at the time of the execution of
the will or born after the death of the testator shall: a. Falsification of public document.
b. Perjury and false testimony.
a. Make the will voidable c. Slander by deed.
b. Make the will void d. a and b
c. Annul the institution of heirs
d. Make the will unenforceable 24. This party in a reserva troncal is the descendant (brother
or sister) whose death gives rise to the reserve and from
17. After the probate of a will, may a case for forgery be filed whom therefore the third degree is counted is known as:
against an instituted heir?
a. Origin
a. No, because the probate of the will is an evidence of b. Propositus
its due execution and authenticity. c. Reservista
b. No, because the probate of the will is a justifying d. Reservatorios
circumstance.
c. Yes, because a forgery is a criminal action. 25. A has a son B and the latter adopted C. B predeceased
d. Yes, because this is a statutory right. his father. Can C represent B in the inheritance of A?

18. When an injury or damage is caused to another, there a. Yes, he is a compulsory heir.
being fault or negligence and there is no pre-existing b. Yes, he is the legal representative.
contractual relation between the parties, the source of c. No, there is no blood relationship between A and C.
the obligation is: d. No, he is a voluntary heir.

a. Law 26. X during his lifetime sold and conveyed two (2) parcels
b. Contracts of land to his heirs. After X’s death and the probate of
c. Quasi-contracts his will, are the conveyed properties subject to collation
d. Quasi-delicts for determination of the heirs’ legitime?

19. The bailee has the right to be reimbursed in full for a. No, because X is no longer the owner of the
advances he made for extraordinary expenses of conveyed properties.
preservation of the subject matter in commodatum. b. No, because there was no gratuitous conveyance.
c. Yes, because the heirs are already the owners of the
a. he gave notice to the bailor before he incurred the conveyed properties.
expense. d. Yes, they are considered advanced legitime.
b. if the extraordinary expense arose out of the actual
use of the thing. 27. Can a criminal convicted of a crime which carries civil
c. if the bailee was negligent in the use of the thing interdiction execute his will?
borrowed.
a. Yes, it is his statutory right.
d. even if the cause of the expense was the fault of a
b. No, it is an accessory penalty.
third person.
c. Yes, it only prohibits disposition of property inter
vivos, not mortis causa.
20. What are the objectives of Probate proceedings?
d. No, it is inconsistent with public policy.

a. Probate proceedings seek to establish the identity of 28. Spouses M and N executed two (2) separate wills
the will, its genuineness and due execution, and the containing the same provisions. After their death, their
testamentary capacity of the testator. compulsory heirs filed a petition for joint probate of their
b. Probate seeks to determine whether the will is wills. One of the voluntary heirs objected because joint
formally valid. probate is invalid. Is the objection tenable?
c. Probate seeks to determine whether the will is
intrinsically valid. a. Yes, joint wills are not allowed in the Civil Code.
d. Both b and c are correct. b. Yes, because the wills have different voluntary
e. Both a and b are correct. heirs.
c. No, because M and N are spouses.
21. The borrower in a contract of loan or mutuum must pay d. No, because practicable considerations dictate the
interest to the lender. joint probate of the wills.

a. if there is an agreement in writing to that effect. 29. X was disinherited by his father Y. In the probate of Y’s
will, can the children of X represent their disinherited
b. as a matter of course.
father?
c. if the amount borrowed is very large.
d. if the lender so demands at the maturity date. a. No, the disinheritance affects the heirs of the
disinherited person.
22. Disinheritance is the process or act through testamentary b. Yes, representation is allowed in case of
disposition of depriving in a will any compulsory heir of disinheritance.
his legitime for true and lawful causes. The requisites c. Yes, substitution of the disinherited person is
are: allowed.
d. No. Representation is not allowed by law.
a. Must be a valid will with legal, true and existing
cause expressly stated. 30. State the share in the estate of the testator of
b. Must be total and complete and said cause stated in illegitimate children who survive with the surviving
the will. spouse.
c. The disinherited heir must be clearly identified and
the will is not revoked. a. 1/3
d. All of the above. b. ¼
c. 1/8
d. ½
 b. Yes, because the funds belong to him alone.
31. A complaint of forgery was filed against instituted heir c. No, because the redemption inured to the benefit of
after the allowance of probate of the testator’s will. Will all co-owners.
this action prosper? d. No, because Y and Z did not consent to the
redemption.
a. No, the probate of the will is an evidence of the due
execution of the will. 40. The following are the classes of possession except.
b. No, the probate is a justifying circumstance.
c. Yes, forgery is a criminal action. a. Possession in one’s name or possession in the name
d. Yes, this is a statutory right. of another.
b. Possession in the concept of an owner or possession
32. In reserve troncal the relatives within third degree in the concept of a holder.
coming from the same line inherit from: c. Possession in good faith or bad faith.
d. Possession with just title.
a. Descendant propositus
b. Reservista 41. The following are the requisites of the easement of right
c. Origin of way, except.
d. Testator
a. The property is surrounded by other estate.
33. The renunciation or repudiation of inheritance shall take b. There must be no adequate outlet to a public
effect: highway.
c. There must be indemnity.
a. Date of repudiation or renunciation d. That if there is outlet, it is not convenient to the
b. Date of will dominant estate.
c. Date of allowance of will
d. Date of death of testator 42. The following are disqualified to donate to each other,
except.
34. Disposition Captatoria is void because the heir makes a
disposition in his will in favor of: a. Those guilty of adultery or concubinage at the time
of the donation.
a. another heir b. Those found guilty of the same criminal offense in
b. testator consideration thereof.
c. the State c. Those made to public officers or their spouses,
d. a legatee or devisee descendants, or ascendants, by reason of their
office.
35. May the alluvial deposits be lost by prescription in favor d. Those obliged to support one another.
of another? Choose the best answer.
43. The following are the remedies against private nuisance,
a. No, because there is registration by fiction of law. except.
b. No, because it is covered by a Torrens title.
c. Yes, because it is not covered by a Torrens title. a. A civil action
d. Yes b. A prosecution under the penal code or any local
ordinance.
36. The northeastern portion of the land of X is bounded by c. Abatement without judicial proceedings.
the Manila bay. If there is accretion formed, who owns d. None of the above.
the accretion? Choose the best answer.
44. The nature of action in Quieting of Title is in personam.
a. The riparian owner.
b. The accretion belongs to the state. a. No, it is always a real action since the subject is real
c. The owner of the contiguous land. property.
d. Belongs to the land adjoining it. b. No, because the decision is enforceable against the
whole world.
37. Which of the following is not a characteristic of a co- c. Yes, provided the subject is personal property.
ownership? d. Yes, because the decision is enforceable only
against the defeated party.
a. There must be more than one subject or owner. e. None of the above.
b. There is one physical whole divided into ideal
shares. 45. Minerals are still owned by the state even if discovered
c. Each share is definite in amount, but is not from a private land.
physically segregated from the first.
d. The co-ownership has juridical personality. a. Yes, provided the land is not titled.
b. Yes, because the constitution so provides.
38. The following are modes of extinguishing usufruct c. No, if the land is titled to a private person.
except, d. No, it will violate property and property rights.
e. None of the above.
a. Expiration of the period for which it was constituted.
b. Merger of the usufruct and ownership in the same 46. The owner and the tenant are in both possession of the
person. land subject of the lease contract.
c. Total loss of the thing.
d. Bad use of the thing in usufruct. a. No, only the tenant, because he is in actual
possession of the land.
39. X,Y, and Z are co-owners of a real property which was b. No, only the owner, because the other is just a
mortgaged to A. X redeemed it during the period of mere tenant.
redemption with his personal funds. Did X become the c. Yes, but of different concept.
sole owner of the property, thereby terminating the co- d. No, either of them.
ownership? e. Yes, as general rule.

a. Yes, because his redemption vest in him sole 47. Negative easement may be acquired by prescription
ownership. through notarial prohibition.
 a. No, because it is non-apparent. 54. In like manner, Bad Faith is not presumed. Why?
b. Yes, because notarial prohibition makes apparent
what is non-apparent. a. Yes, because bad faith is personal.
c. Yes, because it is provided for by law. b. Yes, because bad faith could be inherited.
d. Yes, only after 10 years from service of notarial c. Yes, because ignorance of the law excuses no one.
prohibition. d. Yes, because it should be proven in court.
e. None of the above. e. A and D are correct.

48. In case of roots of a neighboring tree intruded to the 55. In land registration cases, the government is always
state of another, the neighboring owner has the right to represented by whom?
cut it off.
a. By the Office of the City Prosecutor.
a. Yes, only after his demand for the cutting is b. By the Office of the Solicitor General.
ignored. c. By a private counsel hired for that matter.
b. Yes, because he owns the roots that intruded at his d. By the Register of Deeds.
property. e. By the Bureau of Land.
c. No, without permission from the owner of the tree.
d. Yes, only after 10 years of prescription. 56. Accession is not a mode of acquiring ownership?
e. No, as a general rule.
a. Yes, because it was not one of the seven (7) modes
49. Which statement is correct? of acquiring ownership.
b. No, it is considered as acquisition by law.
1. Accession is the right of an owner of a property to c. No, because it is neither alluvium nor avulsion.
everything which is produced thereby or which is d. Yes, in accordance with our customs.
incorporated or attached thereto either naturally or e. Yes, as a general rule only.
artificially.
2. Natural, industrial and civil fruits belong to the owner. 57. A Torrens Title is not a protection in alluvium?

a. Both statements are correct. a. No, because a land covered by Torrens Title is not
b. Statement 1 is correct; statement 2 is incorrect. subject to prescription.
c. Statement 1 is correct; statement 2 is correct. b. No, for economic reason.
c. Yes, because the soil added cannot be identified.
50. It is a process whereby the current of a river, creek, or d. No, because the property is titled.
torrent segregates from an estate on its bank a known e. Yes, if the river is navigable or floatable only.
portion of land and transfers it to another estate. Such
process is known as: 58. A possessor in bad faith of a land is entitled for
reimbursement as a matter of right?
a. Alluvion
b. Avulsion a. Yes, but only to useful expenses.
c. Adjunction b. No to all kind of expenses, because he is in bad
d. Commixtion faith.
c. Yes, but only to luxury expenses.
51. Which provision of the Condominium Act (RA 4796) is d. Yes, but only to necessary expenses.
correct? e. Yes, by agreement with the parties.

1. A condominium corporation shall not, during its existence, 59. Illegal condition/consideration will result to nullity of the
sell, exchange, and lease or otherwise dispose of the contract of donation?
common areas owned by or held by in the condominium
project unless authorized by the affirmative vote of all a. Yes, because the contract shall be contrary to law.
the stockholders or members. b. Yes, but if the condition/consideration had been
2. Whenever real property has been divided into fulfilled already.
condominiums, each condominium separately owned c. No, if the condition/consideration had not been
shall be separately assessed, for purposes of real fulfilled yet.
property taxation and other tax purposes, to the owners d. No, because it will violate the constitutional rights of
thereof and tax on each such condominium shall the parties.
constitute a lien solely thereon. e. B and C are correct

a. Provision 1 is correct, 2 is incorrect. 60. In land registration cases, the court may acquire
b. Both provisions are incorrect. jurisdiction only after:
c. Both provisions are correct.
d. Provision 1 is incorrect, 2 is correct. a. Service of summons to the respondents/defendants.
b. After trial of the case.
52. May a real property be classified validly as personal c. Upon filing of the petition/complaint.
property? d. Upon publication.
e. Upon filing of the answer by the
a. Yes provided it will not prejudice third person/s. respondent/defendants.
b. Yes by special provision of our laws.
c. Yes by agreement between the parties. 61. In the contract of usufruct, the owner of the property is
d. No. A real property is always a real property. being called the naked owner. Why?
e. A, B & C are all correct.
a. Because the owner lost possession of the property.
53. Under our law Good Faith is presumed, why? b. Only if the subject is real property.
c. Because of the agreement of the parties.
a. Because of express provision of our law/s. d. Because he was divested of his two (2) major
b. Because it is the right thing to do. rights.
c. No, you have to prove it by extrinsic evidence.. e. Because it is a good name.
d. No, it is to be proven beyond reasonable doubt.
e. A and B are correct.
62. In formation of an island, the owner of the nearest
margin/distance is the owner of the new island? 70. The nature of action in Quieting of Title is in personam.

a. Because of the principle that accessory follows the a. No, because the subject of the case is always a real
principal. property.
b. Because of the express provision of laws. b. No, because the decision in the case is enforceable
c. Only if the river is floatable or navigable. against the whole world.
d. Only if the river is non-floatable or non-navigable. c. Yes, provided the subject is a personal property.
e. Only if there is a dries-up river bed. d. Yes, because the decision is enforceable only
against the litigating parties.
63. In perpendicular co-ownership, each floor owners must e. None of the above.
bear expenses pertaining to his own floor?
71. Under Intellectual Property Code, to be covered by the
a. No, all the co-owners must share proportionately. law, it is required that you register your business in the
b. No, it is covered by Condominium Law. Philippines.
c. Yes, because his ownership is identified.
d. Yes, as expressly provided for by law. a. Yes, because registration will give you such
e. C and D are correct. protection.
b. No, because the law is design to protect registered
64. Easement is always a real right. and non-registered owner.
c. No, because the law is design to protect world wide
a. Yes, if the easement is for use of another real piracy of products.
property. d. Yes, because registration will give jurisdiction to our
b. No, if the easement is for use of person only. court.
c. Yes, because it is enforceable against the world. e. B and C are correct.
d. No, because it is a property use limitation.
e. Yes, in the case of contractual easement only. 72. Finder of lost movable property is guilty of the crime of
theft if he keeps the thing to himself?
65. A nuisance is one of the most serious hindrance to the
enjoyment of life and property. a. No, because there is no force upon person.
b. Yes, if there is force upon thing.
a. Yes, because it injures or endanger our health and c. Yes, like in prescription.
safety. d. Yes, because the owner lost only physical
b. Yes, because it annoys or offends our senses. possession.
c. Yes, because it shocks, defies or disregards decency e. No, because there is no more owner to speak with.
or morality.
d. Yes, because it hinders or impairs the use of 73. Reproduction of books by Xerox or photocopying is a
property. violation of the Copyright Law?
e. All are correct.
a. No, it is being tolerated anyway.
66. Registration of the Register of Deeds is a mode of b. No, because there is no law that prohibits it.
acquiring ownership. c. No, because it is economical.
d. Yes, because it deprives the author of his royalties.
a. Yes as provided for by P.D. 1529. e. Yes, because the operator of the Xerox Machine
b. Yes as provided for by the New Civil Code. does not pay his income tax.
c. No, it is only for the protection of ownership rights.
d. Yes, because if you failed to register it, you may lost 74. Donation is both an act and a contract.
it by prescription.
e. None of the above. a. No, because it is an act of man only.
b. No, because there is no exchange of value.
67. May a local ordinance extinguish a legal easement? c. Yes, because it is a gratuitous contract.
d. No, because it is not part of Obligation and Contract
a. Yes, because it is a recent law. of New Civil Code.
b. Yes, if the local ordinance expressly provided the e. None of the above.
same.
c. No, because a local ordinance should not be 75. Donation of the same thing to two or more persons shall
repugnant to law. be governed by the rule on double sale?
d. No, because the local ordinance is not valid for
being contrary to law. a. No, because they are of different contracts.
e. C and D are both correct b. No, because they are covered by different chapters
of the New Civil Code.
68. A condominium buyer is entitled to the issuance of the c. Yes, because both acts transfer ownership.
Condominium Certificate of Title as a matter of right. d. No, because in donation there is no exchange of
value.
a. Yes, from the time he signed the Contract of Sale. e. No, because in sale there is exchange of values.
b. Yes, from the time he fully paid the purchase price.
c. Yes, from the time of the delivery of the condo unit. 76. All installment buyers of real estate are protected by
d. Yes, provided it is stated at the Master Deeds. R.A. 6552 (Maceda Law).
e. All of the above.
a. Yes, because it is the intent and spirit of the law.
69. The doctrine of “Hot Pursuit” is an exemption to that a b. No, only those who had paid at least 2 years of
person should not take the law into his own hands. installment and defaulted later.
c. No, they have to apply for it first at HLURB to be
a. Yes, under special circumstance only. covered.
b. No, because everybody should be law abiding d. Yes, provided it will not violate their contract.
citizen. e. No, it is applicable only to buyer in installment of
c. No, because ignorance of the law excuses no one. appliances.
d. No, because the rule allows no exemption.
e. All of the above.
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 101. A, donated a parcel of land to the unborn child of H and
the husband has been harboring the suspicion of her W, is the donation valid?
unfaithfulness. He has since been contemplating on
impugning the legitimacy of the child until he met an a. No, because there is no donee yet
accident and died on March 27, 1996. The legitimacy of b. No, because there is no one yet to accept the
the child may be impugned by: donation
c. Yes, provided the child be born alive or to live for at
a. his parents least 24 hours under certain conditions
b. his illegitimate child, if any d. No, because the donee has no name yet to whom the
c. his brothers or sisters land is to be transferred
d. his aunts or uncles
102. Mr. J constructed a basketball court at the middle of the
e. none of them street, may Mr. J be charged criminally in court?
.
95. Specific guidelines have been laid down by the Supreme a. No. because the remedy is only destruction or
Court in the interpretation and application of removal
psychological incapacity as a ground for annulment. b. No, because the case is inlay civil in nature
c. Yes, provided that the basketball court be declared
a. the incapacity must be proven to be existing at the first as a public nuisance
time of the celebration of the marriage. d. Yes, provided that Mr. J did not pay any permit to
b. the illness must be grave the local government
c. the burden of proof must rest on the respondent.
d. the roots of the illness can be traced to the history 103. Mr. X planted a mango tree at the edge of the boundary
of the subject line of his (X) land with Mr. B. After ten years
e. the incapacity appears to be incurable. branches of the mango tree encroached the air
space of B. Mr. X is the owner of the encroaching
96. Excessive donation inter vivos may be revoked or branches because…
reduced after the death of the donor.
a. of the principle “accessory follows the principal
b. the tree is planted in his (X) land
a. Yes, in so far that it reduces the legitimate of the c. in accordance with the law of easement
compulsory heirs.
d. All of the above
b. No, because it took effect while the donor is still e. None of the above
alive.
c. No, because it will impair the right of a person to 104. Which among the properties of the states that could be
enter into a contract. the subject of prescription in favor of a private person?
d. No, because it is not practical.
e. All of the above. a. agricultural land
b. forest land
97. A husband by chance discovered hidden treasures on c. public road
the paraphernal property of his wife, who owns the d. seashore
discovered treasure.
105. Which among the churches listed below is owned by the
a. The half pertaining to the husband (finder) belongs Roman Catholic Church?
to the conjugal partnership
b. The half pertaining to the wife (as owner) belongs to a. Quiapo Church constructed after 1898
the conjugal partnership b. San Agustin Church constructed before 1898
c. One half shall belong to the husband as finder and c. Manila Cathedral constructed before 1898
the other half shall belong to the wife as owner of d. Vigan Church constructed before 1898
the property.
d. a and b 106. Which among the group of things listed below could not
be considered as a property?
98. Action for rescission on the account of lesion will
prescribe within --- a. res nullius
b. res communes
a. 10 years c. res alicujus
b. 5 years d. None of the above
c. 7 years
d. answer not given 107. Patrimonial Property of the State refers to

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
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
 a. Upon the death of the child
109. Which of the following marriages is void for reasons of b. Upon adoption of the child
public policy? c. Upon appointment of a general guardian
d. All of the above
a. Between brothers and sisters, whether of the e. None of the above
full or half blood
b. Between step-parents and step children 116. Bruce was pronounced by his physician to be suffering
c. Between parents-in-law and children-in-law from an incurable disease and that he is going to die at
d. B and C anytime. Bruce was engaged to Margarita. In view of the
e. None of the above pronouncement of Bruce’s doctor, the two got married
without a marriage license. Six (6) months thereafter, Bruce
110. Which of the following is not included in the attributes died. The validity of their marriage was attacked on the
of juridical capacity? ground that the marriage was not a marriage in articulo
mortis. What is the status of the marriage between Bruce
a. Juridical Personality is inherent in every natural and Margarita.
person, and therefore it is not acquired.
b. Juridical capacity is lost only through death a. Voidable
c. Juridical capacity can be limited or restricted b. Valid
d. Juridical capacity cannot exist without capacity to c. Valid but subjects the party responsible to civil,
act criminal and administrative liability
e. None of the above d. Unenforceable
e. Void ab initio
111. The following constitute the different circumstances or
cases of fraud which will serve as ground for the annulment 117. Which of the following does not characterized legal
of a marriage, except? separation?

a. Non-disclosure of the previous conviction by final a. The marriage is not defective

judgment of the other party of a crime b. The grounds arise only after the marriage
involving moral turpitude c. The spouses are still married to each other and
b. Concealment of drug addiction of a sexually- cannot, therefore remarry
transmissible disease, regardless of its nature, d. There are ten (10) grounds for legal separation
existing at the time of the marriage e. None of the above
c. Concealment of drug addiction, habitual
alcoholism, homosexuality or lesbianism existing 118. The Civil Code of the Philippines took effect on:
at the time of marriage
d. Concealment by the wife or the husband of the a. August 30, 1951
fact of previous sexual relations prior to the b. June 30, 1950
marriage c. August 30, 1950
e. All of the above d. June 30, 1949

112. Which of the following is not a requisite for a valid 119. Charlie gave his diamond-encrusted watch worth Php
donation propter nuptias? 25,000.00 to his friend Danny as a birthday gift. Danny
readily accepted the gift with profuse gratitude. One
a. The donation must be made before the month later, they had a serious quarrel; hence, Charlie
celebration of the marriage demanded the return of the watch from Danny. Danny
b. The donation shall be automatically revoked in refused to return the watch.
case of non-celebration of the marriage
c. The donation must be made in consideration of What is the nature of this donation?
the marriage
d. The donation must be made in favour of one or a. Valid, because there was intention to donate and
both of the future spouses delivery by the donor Charlie.
e. None of the above b. Valid, because there was acceptance and receipt of
the donated personal property by the donee Danny.
113. Which of the following circumstances does not c. Void, because the value of the thing donated
terminate the absolute community of exceeded Php 5,000.00 and the donation and
property? acceptance were not in writing.
d. Void, because the value of the thing donated
a. Upon the death of either spouse exceeded Php 5,000.000 and the donation and
b. Upon conviction of a crime involving moral acceptance were not in a public instrument.
turpitude by either spouse
c. When the marriage is annulled or declared void. 120. In a residential subdivision in San Pedro, Laguna,
d. When there is a decree of legal separation Marimar constructed and maintained a shoe factory
e. None of the above which emits pollution and very loud noise 24 hours a
day.
114. The general rule is that both husband and wife must
jointly adopt except in the following cases: How do you classify this nuisance?

a. When one spouse seeks to adopt his own a. Nuisance per se, because it is always a nuisance,
illegitimate child regardless of its location and surroundings.
b. When one spouse seeks to adopt his own b. Nuisance per accidents, because it is only a nuisance
legitimate child based on its location and circumstances.
c. When one spouse seeks to adopt the legitimate c. Nuisance per se, because it affects the entire
child of the other subdivision
d. A and B d. Nuisance per accidents, because it affects and
e. A and C annoys the entire residential subdivision.

115. Which of the following is not a ground for 121. Amelia and Arsenio are married. Amelia went to the
extinguishment of parental authority? 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 7th 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
SUCCESSION
1. A executed a will in his handwriting with three
(3) witnesses, one of whom is the notary
public. The probate was contested on the
 ground that the notary public before whom it
was acknowledged was one of the witnesses.
How do you think the court will decide?
a. It will declare the will void because there
are only two (2) witnesses;
b. It will declare the will void because the
notary public cannot subscribe before
himself;
c. It may grant the probate and consider it a
holographic will
d. It will declare the will extrinsically void.
2. The following are the questions which a probate
court can determine, except:
a. Question on the identity of the will;
b. Question on the due execution of the will
c. Question of validity and nature of contracts
d. Question on the capacity of the testator.
3. Of the enumeration below, which is not a
limitation of fideicommissary substitution?
a. The substitution must not go beyond one
degree from the heir originally instituted
(Art. 863, NCC);
b. The fiduciary and the fideicommissary must
be living at the time of the death of the
testator (Art. 863);
c. The substitution can burden the legitime
(Art. 864);
d. The substitution must be made expressly
(Art. 865).
4. In the will of Doña A, one of the beneficiaries is
the wife of the minister who rendered aid to the
testator during the latter’s illness. Is she
qualified?
a. No, because of the possibility of undue
influence that may have been exerted by
the minister;
b. No, because since the priest is disqualified,
the will is a circumvention of the
prohibition;
c. Yes, because the law extends the
disqualification of priests and ministers of
the gospel to their relatives within the
fourth degree as well as the church, order
chapter, community or institution to which
they may belong. (Art. 1027(2);
d. No, because what cannot be done directly,
it cannot be done indirectly.
5. A left a gross estate of P600,000.00 and
debts amounting to P60,000.00. He was
survived by his wife, three (3) legitimate
children, and acknowledged illegitimate
child and an unacknowledged adulterous
child. How will you divide the estate?
a. I will divide the estate giving ½ to the
legitimates; ¼ to the wife and the rest
to the two (2) illegitimates;
b. I will distribute it by giving ½ to the
legitimates; same share as one of the
legitimates to the widow; the
illegitimates will get ½ of the share of
each of the legitimates;
c. I will divide the estate equally among
the legitimate children and the widow;
d. I will not give the illegitimates because
of the iron curtain.
6. The following can be considered as the
rationale behind reserva troncal, except:
a. To reserve certain property in favor of
certain relatives;
b. To maintain as absolutely as possible,
with respect to the property to which it
refers, a separation between the
paternal and maternal lines, so that
property of one line may not pass to
the other, or through them to
strangers;
c. To prevent persons outside of a family
from securing, by some accident of
life, property that would otherwise
remain therein;
d. To show solidarity of the family.
7. In relation to reserva troncal, the following
statements are correct, except:
a. The reservista can sell the property,
but subject to resolutory condition;
b. The reservatarios may rescind the
contract of sale by the reservista upon
the death of the reservista;
c. The reservista can sell because he
acquires ownership of the reservable
property subject to the resolutory
condition that there must exist at the
time of his death reservatarios;
d. The reservista can execute a will to
dispose of the property subject of
reserve to his own relatives.
(Edroso v. Sablan, 25 Phil. 295;
Lunsod v. Ortega, 446 Phil. 664)
8. A executed a last will and testament instituting
his parents, brothers and sisters. He did not
institute his wife. Is the will valid is he did not
institute his wife?
a. The will is valid because it is A’s
prerogative as to the persons whom he
wishes to institute because a will is an act
whereby a person is given the right to
control to a certain degree the disposition
of his estate to take effect after his death.
b. The will is valid because the wife is not an
heir in direct line, hence there is no
preterition.
c. The will is void because the wife is a
compulsory heir of A.
d. The will is valid, anyway, the wife has a
share in the conjugal partnership.
9. One of the four (4) witnesses in the will of A is
the notary public. Is the will valid?
a. The will is valid because the signature of
the notary public is a mere surplusage.
b. The will us void because the notary public
cannot subscribe before himself.
c. The will is valid because there is
substantial compliance with the
requirements of a will.
d. The will is valid especially so that the law
must give tender care to the will because it
is the voice of the testator even after his
death.
(Cruz v. Villasor)
10. In cases of reserve troncal, the reservista can
sell the property subject of reserva. True or
false?
a. True, but subject to resolutory condition,
hence, can rescind the conrtact;
b. False, because he/she is not the owner as
he holds the property merely in trust for
the reservatarios.
 c. True, because having a title over it, the
buyer can just rely upon the title under the
mirror doctrine.
d. True, because from the moment of death
of the descendant propositus, the
reservista acquired ownership over the
property subject of reserva.
11. A & B are married. They have children, C & D. C
is married to X and they have children, Y & Z. D
is married to S and they have children, T & U.
He has likewise an illegitimate child, V. Before A
died he executed a will instituting his heirs
including V. Can V inherit from A considering
that he is an illegitimate child of D?
a. V cannot inherit because he is an
illegitimate child of D.
b. V cannot inherit despite his institution
because of the barrier between the
legitimates and the illegitimates.
c. V can inherit because the iron curtain
applies only in cases of intestacy.
d. V can inherit because the will of A is an act
whereby he is given the right to determine
his heirs.
12. A executed a will with B, C & D as witnesses. At
the time of the subscription by A, C & D on
each and every page of the will, B was outside
the room with an open door. Is the will valid?
a. The will is void because it was not
subscribed in his presence.
b. The will is valid because the phrase “in the
presence” does not mean actual seeing but
mere opportunity to have witnessed and
seen the signing.
c. The will is valid because there is
substantial compliance with the law.
d. The will is void because it requires the
presence of the witnesses to prevent fraud,
in the execution of the will and to protect
the integrity of the will.
13. X executed a will instituting his heirs. It was
discovered 15 years after his death, hence, the
heirs consulted you whether they can still file a
petition for its probate, considering that they
have already extrajudicially settled his estate.
What is your advice?
a. Yes, because the probate of a will is
imprescriptible as it is mandated by public
policy.
b. No more because it has already prescribed.
c. Yes because they cannot extrajudicially
settle the estate due to the existence of a
will.
d. No more because of laches.
14. A executed a will instituting his heirs and X, his
illegitimate child whom he recognized. Before
his death, he revoked the will. What is the
effect of the revocation of the will?
a. The revocation necessarily carries with it
the revocation of the recognition of X.
b. The revocation has no effect on X as the
will can be used as an authentic writing as
proof of filiation.
c. With the revocation of the will, X has yet to
go to court and prove filiation with the use
of the will.
d. The will has no favorable effect on X
because of its revocation and its non-
admission to probate.
(Art. 834, NCC; 172(1), FC)
15. Mr. Tiok Chua executed a last will and
testament. X, a niece was charged with the
crime of forgery alleging that she forged Mr.
Chua’s signature. In the meantime, the will was
admitted to probate. State the effect of the
admission of the will to probate.
a. X can still be prosecuted.
b. X can no longer be prosecuted because the
admission of the will to probate is the best
evidence of its due execution.
c. The probate of the will is res judicata to the
prosecution of X.
d. X cannot be prosecuted anymore because
of the presumption of innocence especially
with the probate of the will.
(Art. 838, NCC)
16. A & B are married. They have children, C & D. C
has an illegitimate child, E. A died in 2007 and
B, C & D inherited from him. C, specifically
inherited a house & lot from A located at Ayala
Alabang. C died in 2009. Who can inherit from
C?
a. B & D alone can inherit from C.
b. E cannot inherit because there is a barrier
between illegitimates and legitimates.
c. E can inherit from C because the iron
curtain does not apply to C & E.
d. E cannot inherit considering that the only
estate C left was his inheritance from A,
hence, the iron curtain still applies.
17. A & B are married. They have a son C who is
married to D with children, E & F. C & D
adopted G. C died in 2006. A died in 2010. Can
G inherit by right of representation?
a. G can inherit by right of representation
being the son of C.
b. G cannot inherit by right of representation
because such right applies only to blood
relatives.
c. G can inherit by right of representation
because one of the rights of an adopted
child is the right of inheritance without any
distinction and discrimination.
d. G can inherit by right of representation like
E & F otherwise, he would be deprived of
his legitime resulting in unfairness.
18. X executed a holographic will dated December
2000. After his death, A and B, the heirs filed a
petition for probate, but C, the daughter
opposed on the ground that the will is not valid
because it is not completely dated.
a. C is correct because the law requires that
the holographic will must be completely
dated;
b. C is not correct because there is substantial
compliance with the requirement of the
law.
c. C is correct because the incomplete date
affects the integrity of the will.
d. C is correct because the complete date
protects the will from commission of fraud
and trickery.
(Roxas v. De Jesus)
19. A and B are married. They have children X, Y
and Z. Before his death, A donated a parcel of
land to X denominated as an irrevocable
donation. He died leaving a will but did not
institute X. When the will was submitted to
probate, X opposed on the ground of
preterition. Is X correct?
 a. X is correct because he is an heir in the b. Grant it because the subsequent capacity
direct line, hence, entitled to his legitime. cured the defect of the void will;
b. X is not correct because the donation is an c. Deny probate because the will is void ab
advance inheritance. initio;
c. X is correct because donation being d. Grant it since the will is extrinsically valid
irrevocable is not collationable. and complete
d. X is correct, otherwise, it would be unfair
to him being an heir of A. 26. What do you call the act of a testator of
(De Roma v. CA) designating a person to take the estate in case
of default of the instituted heir?
20. A executed a 5-page notarial will before a
notary public and three witnesses. All of them a. Substitution
signed each and every page of the will. One of b. Representation
the witnesses was B, the father of one of the c. Institution
legatees to the will. What is the effect of B d. Accretion
being a witness to the will?
27. In which of the following is the right of
a. The will is invalidated; representation inapplicable?
b. The will is valid and effective;
c. The legacy given to B’s child is not valid; a. In case of predecease of an heir;
d. The will is valid and the legacy will be given b. In case of repudiation by an heir;
to B’s child because a will is the voice of c. In case of incapacity of an heir;
the testator even after death. d. In case of a valid disinheritance of an heir.

21. A executed a holographic will disinheriting his 28. When is the capacity of the testator considered?
eldest son for a valid and legal reason. He did
not institute his children B, C and D. Is there a. At the time of the probate of the will;
preterition? b. At the time of the death of the testator;
c. At the time of the execution of the will;
a. Yes, because of the total institution of the d. At the time of the allowance of the will.
descendants;
b. Yes, because failure to state the ground for 29. A executed a will in English, but did not
the non-institution of the descendants; understand the language. If the will is
c. No, because B, C and D shall inherit from submitted to probate, how do you think the
the estate of A by the rules of intestacy; court will decide?
d. No, because B, C and D are deemed
instituted. a. Deny probate because the will is void as he
did not understand the language;
22. A executed a holographic will disinheriting his b. Deny because he could not have written in
children B but did not institute C and D. Is a language he did not understand;
there a need for the will to be probated? c. Grant probate provided that it was
explained to him in a language understood
a. No more, because it would be an exercise by him;
in futility as no one will inherit on the basis d. Deny because of the possibility of fraud.
of the will;
b. Yes, because without the will being 30. A died without leaving a compulsory heir.
admitted to probate the disinheritance shall Before he died, he donated his properties to the
be ineffective; church. After his death, his brothers questioned
c. Yes, because a will shall not pass any right the validity of the donation. Is their act correct?
to the heirs unless it is admitted to
probate; a. Yes, because they are compulsory heirs;
d. Both B and C. b. No, because they are not compulsory heirs
entitled to a legitimate;
23. When does the right of representation take c. Yes, because while the donor can donate
place? his properties, he must leave something to
his relatives;
a. In the direct descending line; d. Yes, because of the close family ties of
b. If there is an adopted child; Filipinos.
c. In the ascending line; (Arellano v. Pascual, G.R. No. 189776,
d. Even in the collateral line. December 15, 2010)

24. In fideicommissary substitution when will there
be transmission of rights to the second heir?
a. Upon the death of the testator;
b. Upon the death of the first heir;
c. Upon the death of the last relative of the
testator;
d. Upon the execution of the will by the
second heir.
25. At the time A executed his will there was a
pronouncement that he was insane. A week
after he died, but he was already of sound
mind. If the will is submitted to probate, how
do you think the court will decide?
31. A died leaving no compulsory heirs except his
brothers and sisters of the full blood and a
cousin. How shall his estate be partitioned?
a. The brothers and sisters and the cousin will
inherit in equal shares;
b. The brothers and sisters will inherit in
equal shares;
c. The cousin will get ½ of the share of each
brother;
d. The cousin is not entitled to any share not
being a collateral relative who is entitled
under the law of intestate succession.
(Arts. 1003; 1004; Arellano v. Pascual,
G.R. No. 189776, December 15, 2010)

a. Grant it because A was of sound mind at

the time of death;
32. A, the son of X and Y was indebted to B in the
amounted of P10M. Should the amount be
brought to collation if X and Y paid the same?
a. No, because it is the duty of the parents to
support a child;
b. Yes, because it is a donation inter vivos
made to A, a compulsory heir, hence, an
advance inheritance;
c. No, because A is merely indebted to X and
Y;
d. No, because it was not gratuitously given.
(Arts. 1066 & 1069, NCC; 1061, NCC)
gratuitous title by the testator during his
lifetime;
c. One of the purposes of collation is to
secure equality among the compulsory
heirs in so far as it is possible and to
determine the free portion after finding the
legitime so that inofficious donations may
be reduced. (6 Manresa 406)
d. There must be actual return of the property
donated. (Arellano v. Pascual, G.R. No.
189776, 15 December 2010)

33. X and Y sold a house and lot to their son valued

at P10M for only P3M with the condition that it
will be delivered after their death. After their
death, should the property be brought to
collation?

a. Yes, because the contract was not a sale

but a donation inter vivos;
b. Yes, because it was a donation mortis
causa;
c. No, because it was not acquired by
gratuitous title but by onerous title; (Reyes
v. CA)
d. Yes, because it was a simulated sale as the
price is unusually inadequate.

34. A, while travelling in Cananda executed a will

before Philippine Consul B with only two (2)
witnesses. Under Canadian Law, two (2)
witnesses would suffice. When he arrived in the
Philippines he filed a petition for probate. How
do you think the court will decide?

a. It will admit the will to probate because of

the doctrine of lex loci celebrationis;
b. It will not admit the will to probate unless
probated first in Canada;
c. It will deny probate because of failure to
comply with the formalities under
Philippine law; (Art. 17, NCC)
d. It will admit the will to probate because
Canadian laws cannot apply in the
Philippines if proven as facts according to
the rules of evidence.

35. The attestation in the will of A omitted to state

that the testator signed the pages of the will in
the presence of the instrumental witnesses. Can
evidence aliunde be admitted to prove such fact
in the probate proceeding?

a. Yes, to give due course to the petition for

probate;
b. No, because such fact cannot be
determined from an examination of the will
itself;
c. Yes, because the will of a person is his
voice even after his death; (Reyes v. CA)
d. Yes, because the court should give tender
care to the will.
(Art. 805, NCC; Uy v. Sioca, 43 Phil. 405;
Tenefrancia v. Abaya, 47 O.G. No. 12,
Suppl. P. 327 – oral evidence does not
possess the reliability of an express
statement in the attestation clause.)

36. Which is not correct in the following

statements:

a. Collation is a mere mathematical operation

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