Sample MCQ Bar Questions
Sample MCQ
bar exam questions
Multiple
Choice Exam
This Sample Multiple Choice Questions (MCQ) for bar examinations will be updated from time to time.
Answers are provided after each bar subject.
POLITICAL LAW -- 15%
1.) What vote is required for Congress to submit to the electorate the question of calling a constitutional convention?
A. A vote of two-thirds of all its Members.
B. A vote of two-thirds of a quorum.
C. A majority vote of all its Members.
D. A majority vote of a quorum.
2.) The Supreme Court will entertain a constitutional question only if it is determinative of the case itself because
A. it would prejudice the administration of justice.
B. the separation of powers demands respect due the other departments.
C. the Court would not have acquired jurisdiction over the case.
D. there is no actual case or controversy that justifies such a review.
3.) Which is unconstitutional for being an invalid exercise of police power?
A. A law prohibiting the use of motor vehicles on certain days of the week.
B. A law imposing rent control.
C. A law prescribing minimum standards for the practice of the engineering profession.
D. A law prohibiting the sale of cigarettes to young men and women ages 18 to 25.
4.) An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.
A. estate
B. de jure partnership
C. implied trust
D. corporation
Answers: 1.) C 2.) B 3.) D 4.) D
LABOR LAW -- 10%
Labor Standards
1.) This is issued by DOLE authorizing a person or entity to operate a private employment agency.
a. License
b. Document
c. Authority
d. Charter party
2.) The following may engage in the recruitment and placement of workers, locally and overseas, except:
a. Public employment offices
b. Private employment agencies
c. Shipping or manning agents
d. Local employment agencies
3.) Direct hiring of Filipino workers for overseas employment is not allowed. The following are not covered by this rule, except:
a. Members of the diplomatic corps
b. International organizations
c. Multinational Corporations
d. Name hirees
4.) The accused X and Y represented themselves to complainants A and B to have the capacity to send workers abroad, although they did not have any authority or license. It is by this representation that they induced complainants to pay a placement fee. X and Y may also be liable for
a. Illegal recruitment by economic sabotage
b. Illegal recruitment in large scale
c. Syndicated Illegal recruitment
d. Estafa
5.) The Labor Code applies to:
a. Employees in a government corporation incorporated under the Corporation Code
b. International Agencies
c. Employees of government corporations created by special or original charter
d. Government employees
6.) Which of the following is the most essential element without which there is no employer-employee relationship.
a. Hiring
b. Control
c. Firing
d. Payment of wages
7.) Who has jurisdication over all money claims of overseas filipino workers arising from employer-employee relationship?
a. labor arbiters
b. POEA
c. regular courts
d. voluntary arbitrators
8.) A Filipino serviceman who is working in a US military installation in Pakistan is mandatorily required by law to remit to his family or dependents in the Philippines ____ of his foreign exchange earnings.
a. 70 per cent
b. 50 per cent
c. 80 per cent
d. none
9.) Illegal recruitment involving economic sabotage prescribes in:
a. 10 years
b. 20 years
c. 5 years
d. imprescriptible
10.) Being the judge of the trial court, you found the accused Jonie guilty of simple illegal recruitment. The proper penalty you would impose would be
a. life imprisonment
b. prision correctional
c. prision mayor
d. destierro
11.) Statement A - A company that exercises its prerogative to dismiss is not allowed to turn around and deny employee-employer relationship.
Statement B - Alleging abandonment indicates employer-employee relationship.
a.) Both statements are true
b.) Both statements are false
c.) Only statement A is true
d.) Only statement B is true
12.) Statement A - It is the employer’s duty to inform the probationary employee reasonable work standards.
Statement B -The employer may terminate the services of probationary employee without valid cause as long as such termination is done within the six month trial period.
a) Both statements are true
b) Both statements are false
c) Only statement A is true
d) Only statement B is true
Answers: 1.) a 2.) d 3.) c 4.) d 5.) b 6.) b 7.) a 8.) d 9.) b 10.) c 11.) a 12.) c
1. The government-owned and –controlled corporations “with original charter” refer to corporations chartered by special law distinguished from corporations organized under our general incorporation statute, the Corporation Code. Thus, under the present state of the law, GOCCs with original charter are subject to what law?
A. Labor Code
B. Corporation Code
C. Civil Service Law
D. Civil Service Rules
2. In the case of Euro-Linea Phils. Inc. vs. National Labor Relations Commission, it was held that in interpreting the Constitution’s protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts what approach which favors the exercise of labor rights?
A. Labor’s Welfare
B. Liberal’s Approach
C. Liberal Worker’s Approach
D. Laborer’s Approach
3. There are important principles for the entitlement to Maternity Leave under the SSS law. One of this is:
A. Full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application
B. Full payment shall be advanced by the employer within 15 days from the filing of the maternity leave application
C. Maternity benefits shall be paid only for the first 2 deliveries of miscarriages
D. Maternity benefits shall be paid only for the first 5 deliveries of miscarriages
4. Under RA 9262 on Battered Woman Leave, it provides that an employee is entitled to a paid leave of up to 10 days in addition to other paid leaves under the Labor Code, other laws and company policies, provided the following requisites must be present, except for one invalid requisite:
A. Employee is a woman
B. She is a victim of physical, sexual or psychological violence
C. She applies for the issuance of the protection order
D. She can claim administrative and court order to claim such leave
5. Under RA 8187 on Paternity Leave Act of 1996, paternity leave refers to the benefits granted to the following employees:
A. Both male and female employees in public sectors only
B. Both male and female employees in private sectors only
C. All married male employees in the public and privates sectors
D. All married male employees in the private sectors
6. Anti-Sexual Harassment Act is committed by any person having:
A. Authority or Influence
B. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any lascivious favor which would result in a hostile or offensive environment
C. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands money which would result in a hostile or offensive environment
D. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any sexual favor which would result in a hostile or offensive environment
7. Anti-Child Abuse Act, or otherwise known as, “An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, providing Penalties for its Violation and for Other Purposes,” was strengthened by what Republic Act?
A. RA 7658
B. RA 7758
C. RA 7856
D. RA 7652
8. In Article 151 of the Labor Code, it implied that since the relationship between the employer and the househelper is a fiduciary one, the Court cannot order the employer to re-hire the househelper, even if the latter was unjustly dismissed. Is this valid?
A. No, the employer cannot re-hire the househelper
B. No, the employer can indemnify the househelper
C. Yes, the Court can order the employer to re-hire the househelper
D. Yes, the Court cannot order the employer to re-hire the househelper, by operation of the law
9. All rights and benefits granted to workers under the Labor Code shall, except as may otherwise be provided in the Code, apply alike to all workers, whether:
A. Agricultural or commercial
B. Agricultural or industrial
C. Agricultural or non-agricultural
D. Non-industrial or non-commercial
10. Complaints for violation of labor standards and the terms and conditions of employment involving money claims of homeworkers exceeding PhP5,000 per homeworker shall be heard and decided by the:
A. Regional Director
B. Labor Arbiter in the NLRC
C. Secretary of Labor
D. Homeworkers Union
11. In the case of People v. Panis, which defined “Recruitment and Placement” in Article 13 (b), the Court ruled that:
(a) That the number of persons is an essential ingredient of the act of recruitment and placement of workers.
(b) That the number of persons is not an essential ingredient of the act of recruitment and placement of workers.
(c) That the number of workers is essential to the employment.
(d) That the number of workers are not essential to the employment.
12. To pursue its responsibility to promote employment opportunities, the DOLE carries out programs for local and overseas employment. However, effective allocation of manpower resources in local employment is assigned to the:
(a) National Labor Relations Commission (NLRC)
(b) Philippine Overseas Employment Administration (POEA)
(c) Bureau of Local Employment (BLE)
(d) Department of Labor and Employment (DOLE)
13. It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities. If the company/industry has one hundred (100) employees and exceeds to three hundred (300), what does the provision stipulates?
(a) The services of full-time physician, dentist and a full-time registered nurse as well as a dental clinic, and an infirmary or emergency hospital with one bed capacity.
(b) The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic.
(c) The services of a full-time registered nurse.
(d) None of the above
14. Which of the following is NOT a policy of the State?
(a) To promote and maintain a state of full employment through improved manpower training, allocation and utilization.
(b) To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and condition of employment.
(c) To facilitate a free choice of available employment by persons seeking work in conformity with the national interest.
(d) To ignore the movement of workers in conformity with the national interest.
15. Article 40 requires only non-resident aliens to secure employment permit. Resident aliens are not required. For immigrants and resident aliens what is required is an:
(a) Employer-Employee Contract
(b) Alien Permit
(c) Alien Employment Registration Certificate
(d) Business Permit
16. Apprenticeship is the arrangement and the period when an upcoming worker undergoes hands-on training, more or less formal, to learn the ropes of a skilled job. This program aims to:
(a) help meet the demand of the economy for trained manpower.
(b) establish a national apprenticeship program through the participation of employers, workers and government and non-government agencies.
(c) establish apprenticeship standards for the protection of apprentices.
(d) All of the Above
17. When the death of a seaman resulted from a deliberate or willful act on his own life, and it is directly attributable to the seaman himself, such death is:
(a) not compensable
(b) compensable
(c) maybe compensable
(d) valid
18. Who are NOT covered by the 24-Hour Duty Doctrine?
(a) Soldiers
(b) Doctors
(c) Policemen
(d) Peace Officers
19. Rafael was dismissed from overseas employment without just, valid or authorized cause, can he claim full reimbursement of his placement fee? And can he obtain other benefits, if any?
(a) None, because of premature termination of contract.
(b) Yes, he can claim full reimbursement of his placement fee without other benefits.
(c) Yes, he can claim full reimbursement of his placement fee with interest at 12% per annum, plus his salary for the unexpired portion of his employment
(d) None of the above
20.) Maria is a domestic helper of a Filipino business tycoon based in California, USA where she complains about money claims. The Labor Code, under the Migrant Workers’ Law, do the statute and regulations limit the coverage to non-Filipino or alien employers only?
(a) No, because nationality is immaterial
(b) Yes, because aliens are the ones covered under the law
(c) All of the above
(d) None of the Above
CIVIL LAW -- 15%
1. The majority age begins at the age of
A. 21
B. 20
C. 18
D. 16
2. Who may solemnize marriage anywhere in the Philippines?
A. A Consul-general
B. A Court of Appeals justice
C. A ship captain
D. A military commander
3.To be enforceable, when must a contract comply with the Statute of Frauds? When by its terms it is to be performed beyond
A. a year from its making.
B. 5 years from its making.
C. a year from its ratification.
D. 5 years from its ratification.
4.) An uninterrupted possession for a statutory period of time without the need of just title and good faith are requisites for
A. laches.
B. prescription of actions.
C. ordinary acquisitive prescription.
D. extraordinary acquisitive prescription.
5.) Sonny, a Filipino citizen, obtained in a divorce in Canada from his wife, Lulu, also a Filipino citizen. Is the divorce valid and binding?
A. It is not since Philippine law binds Filipinos abroad and it does not permit divorce.
B. It is since Philippine law does not operate in Canada.
C. It is not since Philippine law is recognized in Canada.
D. It is since international law demands local recognition of foreign acts.
6.) In a case, a very old woman executed a will. A friend, a cousin, and a notary public came to witness the will. Due to old age she thumbmarked the will instead of signing it. The friend signed the pages on the right margin, thinking it looked better. The cousin did not see this because his eyes were on a painting that hanged on a nearby wall. Finally, the notary public notarized the will. The will is invalid because
A. the cousin looked away just as the friend was signing the will.
B. the testator failed to subscribe the will.
C. the friend signed at the right margin.
D. of lack of sufficient witnesses.
Answers: 1.) C 2.) B 3.) A 4.) D 5.) A 6.) D
TAXATION -- 10%
1.) Fringe Benefit Tax is payable by the
A. Employee
B. Donor
C. Employer
D. Beneficiary
2.) The following can claim for a tax credit, except
A. Citizen
B. Beneficiary of an estate or trust
C. Member of a General Professional Partnership
D. Foreign corporation
3.) Optional Standard Deduction is applicable to all individuals except
A. Resident Aliens
B. Non-resident aliens
C. Resident Citizens
D. Non-resident Citizen
4.) A fringe benefit may be subject to fringe benefit tax if received by
A. any employee
B. rank and file employees
C. managerial employees
D. Stockholders
5.) A laundry allowance of P300 per month is an example of
A. fringe benefit
B. allowance
C. tax benefit
D. de minimis benefit
6.) Which of the following forms part of the stages of taxation?
A. payment and filing
B. filing and collection
C. withholding and levying
D. assessment and payment
7.) Any good, service or other benefit furnished or granted in cash or in kind by an employer to an individual employee refers to
A. de minimis benefit
B. company benefit
C. fringe benefit
D. annuity
8.) Fringe benefit tax is imposed on the fringe benefit's
A. fair market value
B. actual monetary value
C. grossed-up monetary value
D. assessed value
9.) The following fringe benefits are not taxable except
A. fringe benefits which are authorized and exempted from tax under special laws
B. life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows
C. benefits given to the rank and file employees, whether granted under a collective bargaining agreement or not
D. de minimis benefits
10.) Deductions from gross income are not allowed to taxpayers earning compensation income arising from personal services rendered under an employer-employee relationship, except
A. bad debts
B. ordinary and necessary trade, business or professional expenses
C. charitable and other contributions
D. premium payments on health and/or hospitalization insurance of an individual taxpayer
11.) X is a Brazilian citizen working as a host and model in a local television show here in the Philippines. X is therefore taxable as a
A. non resident alien engaged in trade or business
B. resident alien
C. foreign citizen
D. resident citizen
12.) The following dividends are taxable except
A. property dividends
B. liquidating dividends
C. cash dividends
D. stock dividends
13.) Under the tax code, the following are income taxpayers, except:
a. GOCC
b. Estate and Trust
c. Min wage income earners
d. non-resident foreign corp.
Answers: 1.) C 2.) D 3.) B 4.) C 5.) D 6.) D 7.) C 8.) C 9.) B 10.) D 11.) B 12.) B 13.) c
MERCANTILE LAW (COMMERCIAL LAW) -- 15%
1.) The bank deposit secrecy law bars all inquiries into a bank deposit. A deposit may, however, be looked into
A. after prior notice to the depositor.
B. upon court order in annulment of marriage cases.
C. in cases of impeachment.
D. on motion in a bribery case.
2.) A draws a bill payable to B or order with X, as the drawee. The bill was successively endorsed to C, D, E and F, holder. X does not pay and F has duly protested non-payment. Y pays for the honor of C. Which of the following statement is wrong?
A. D is discharged.
B. E is discharged.
C. C is discharged.
D. Y can ask reimbursement from A.
3.) When an endorser waives presentment and notice of dishonor, he increases his liability. His endorsement is:
A. Facultative endorsement
B. Qualified endorsement
C. Alternative endorsement
D. Restrictive endorsement
4.) Ariel issued a note to Brando. There was a total failure of consideration. Brando issued the note for consideration to Cecil who is a holder in due course. Cecil indorsed the note to David who knew of the failure of consideration. Can David successfully collect from Ariel?
A. No, because David knew the failure of consideration.
B. No, although David acquired the rights of Cecil, a holder in due course and he was not a party to any illegality.
C. Yes, because David acquired the note for consideration.
D. No, because David is not a holder in due course.
5.) The SEC, after notice and hearing, may dissolve a corporation upon filing of a verified petition for the dissolution, on grounds provided by law. Which of the following statement is not correct?
a. In case of deadlock in the management of the affairs and business of a close corporation, the SEC, upon written petition by any stockholder, shall have the power to make such order as it deems appropriate, including an order dissolving the corporation.
b. Any stockholder of a corporation may, by written petition to the SEC, compel the dissolution of the corporation whenever any acts of its directors, officers or those in control of the corporation is illegal, fraudulent or dishonest.
c. The SEC can automatically issue a certificate of dissolution in case a corporation filed for its dissolution and there are creditors affected provided that majority of the board of directors or trustee consented to such action.
d. The SEC, after notice and hearing, may dissolve a corporation in case there are violations of the provisions of the Corporation Code not specially penalized therein.
6.) Which of the following will cause the automatic dissolution of a corporation?
a. Commission by the corporation of an ultra vires act
b. Continuous non-operation for a period of at least 5 years
c. Refusal to comply with or defiance of any lawful order of the SEC restraining commission of acts which would amount to grave violation of its franchise
d. None of the above
7.) SUJU Corporation, through its Board of Directors and with the unanimous approval of the stockholders declared to grant stock dividends to its stockholders for the year 2008 amounting to 79 Billion Pesos. After examining the books and other records of the corporation, Sungmin Lee, Vice President for Finance, discovered that the authorized capital stock of the Corporation is almost depleted, that is – almost all were already issued and the remaining cannot accommodate the needed stocks for stock dividend distribution. The Corporation though was liquid in cash and has retained earnings amounting to 365 Billion Pesos. How should the Board of Directors of SUJU Corporation best act on it?
a. Issue a Board Resolution deferring the distribution of dividends for the said year.
b. Increase the authorized capital stock and amend the Articles of Incorporation of SUJU Corporation to cater to the needed stocks for stock dividend distribution.
c. Divide the remaining unissued stocks pro rata to the stockholders as stock dividends.
d. Recall its previous Resolution declaring stock dividends and in its stead, issue another Resolution declaring cash dividends for year 2008.
8.) FYI Corporation has increased its capital stock and new shares of stock are issued. The stockholders of FYI Corp wish to exercise their pre-emptive right regarding the shares to be issued. Which of the following shares does a pre-emptive right of stockholders extends?
a. to shares to be issued in compliance with laws requiring stock offerings or minimum stock ownership by the public
b. to shares to be issued in good faith with the approval of stockholders representing 2/3 of the outstanding capital stock in exchange for property needed for corporate purposes
c. to shares to be issued in good faith with the approval of the stockholders representing 2/3 of the outstanding capital stock in payment of previously contracted debt
d. treasury shares reacquired using the funds from the surplus profits of the corporation which could have been declared as dividends
9.) The following instances are considered as “indicators” that a foreign corporation is “transacting business” in the Philippines, even without securing a license, except
a. Soliciting orders, purchases and service contracts
b. Subscribing shares of stock from a domestic corporation
c. Engaging into continuous business acts or transactions
d. Participating in the management, supervision or control of any domestic business firm, entity or corporation in the Philippines
10.) Which among the following is not a necessary result or consequence when a foreign corporation secures a license and/or registers?
A. the foreign corporation can do regular business in the Philippines
B. the foreign corporation can avail the aid of the Philippine courts and sue
C. the foreign corporation may be sued in any regular court for any valid cause of action recognized under Philippine laws.
D. the foreign corporation can intervene in any action, suit or proceeding in any court or administrative agency
11.)Assuming all the other requisites of negotiability are present, which of the following instruments is NOT payable to bearer?
a. "Pay to the order of Cash."
b "Pay to the order of Jose Rizal, national hero."
c. "Pay to Pedro Padernal, bearer."
d. "Pay to Pedro Padernal or bearer."
12.) Unless the by-laws provide otherwise, written notice of regular meetings shall be sent to all stock holders of record:
a. at least one day prior to the meeting
b. at least two days prior to the meeting
c. at least one week prior to the meeting
d. at least two weeks prior to the meeting
Answers: 1.) c 2.) c 3.) a 4.) c 5.) d 6.) d 7.) b 8.) d 9.) b 10.) b 11.) c 12.) d
CRIMINAL LAW -- 10%
1. Badong, with evident premeditation and treachery killed his father. What was the crime committed?
a. Murder
b. Parricide
c. Homicide
d. Qualified Homicide
2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Totoy keep unlicensed firearms in his home. What was the crime committed by PO3 Bagsik?
a. Trespass to Dwelling
b. Violation of Domicile
c. Usurpation Of Authority
d. Forcible Trespassing
3. Berung and Betang had been married for more than six months. They live together with the children of Betang from her first husband. Berung had sexual relationship with Bea, the 14 year old daughter of Betang. Bea love Berung very much. What was the crime committed by Berung, if any?
a. Simple Seduction
b. Qualified Seduction
c. Consented Abduction
d. Rape
4. Prof. Dabcat gave a failing grade to one of his students, Sixto. When the two met the following day, Sixto slapped Prof. Dabcat on the face. What was the crime committed by Sixto?
a. Corruption of Public Officials
b. Direct Assault
c. Slight Physical Injuries
d. Grave Coercion
5. A warrant of arrest was issued against Pekto for the killing of his parents. When PO2 Tapang tried to arrest him, Pekto gave him 1 million Pesos to set him free. PO2 Tapang refrained in arresting Pekto. What was the crime committed by PO2 Tapang?
a. Indirect Bribery
b. Direct Bribery
c. Corruption of Public Officials
d. Qualified Bribery
6. Exemption to the hearsay rule made under the consciousness of an impending death.
a. parol evidence b. ante mortem statement
c. suicide note d. dead man statute
7. The meaning of factum probans.
a. preponderance of evidence
b. ultimate fact
c. evidentiary fact
d. sufficiency of evidence
8. It refers to family history or descent transmitted from one generation to another.
a. inheritance
b. heritage
c. pedigree
d. culture
9. The authority of the court to take cognisance of the case in the first instance.
a. Appellate Jurisdiction
b. General Jurisdiction
c. Original Jurisdiction
d. Exclusive Jurisdiction
10. A person designated by the court to assist destitute litigants.
a. Counsel de officio
b. Attorney on record
c. Attorney at law
d. Special counsel
11. Which of the following is not covered by the Rules on Summary Procedure?
a. Violation of rental laws
b. Violation of traffic laws
c. The penalty is more than six months of imprisonment
d. The penalty does not exceed 6 months imprisonment
12. It refers to a territorial unit where the power of the court is to be exercised.
a. jurisdiction b. jurisprudence
c. venue d. bench
13. The Anti-Bouncing Check Law.
a. RA 6425 b. RA 8353
c. BP 22 d. RA 6975
14. The taking of another person’s personal property, with intent to gain, by means of force and intimidation.
a. qualified theft b. robbery
c. theft d. malicious mischief
15. Felony committed when a person compels another by means of force, violence or intimidation to do something against his will, whether right or wrong.
a. grave threat b. grave coercion
c. direct assault d. slander by deed
16. Persons having no apparent means of subsistence but has the physical ability to work and neglects to apply himself or herself to lawful calling.
a. pimps b. prostitutes
c. gang members d. vagrants
17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and insult.
a. tumultuous b. charivari
c. sedition d. scandal
18. The unauthorized act of a public officer who compels another person to change his residence.
a. violation of domicile b. arbitrary detention
c. expulsion d. direct assault
19. The deprivation of a private person of the liberty of another person without legal grounds.
a. illegal detention b. arbitrary detention
c. forcible abduction d. forcible detention
20. An offense committed by a married woman through carnal knowledge with a man not her husband who knows her to be married, although the marriage be later declared void.
a. concubinage b. bigamy
c. adultery d. immorality
21. Age of absolute irresponsibility in the commission of a crime.
a. 15-18 years old b. 18-70 years old
c. 9 years old and below d. between 9 & 15 years old
22. Those who, not being principals cooperate in the execution of the offense by previous or simultaneous acts.
a. accomplices b. suspects
c. principal actors d. accessories
23. The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time fixed by law.
a. prescription of crime
b. prescription of prosecution
c. prescription of judgement
d. prescription of penalty
24. A kind of executive clemency whereby the execution of penalty is suspended.
a. pardon b. commutation
c. amnesty d. reprieve
25. Infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of the society.
a. mala prohibita b. mala in se
c. private crimes d. public crimes
26. Felony committed by a public officer who agrees to commit an act in consideration of a gift and this act is connected with the discharge of his public duties.
a. qualified bribery b. direct bribery
c. estafa d. indirect bribery
27. The wilful and corrupt assertion of falsehood under oath of affirmation, administered by authority of law on a material matter.
a. libel b. falsification
c. perjury d. slander
28. Deliberate planning of act before execution.
a. treachery b. evident premeditation
c. ignominy d. cruelty
29. Whenever more than 3 armed malefactors shall have acted together in the commission of a crime.
a. gang b. conspiracy
c. band d. piracy
30. The failure to perform a positive duty which one is bound to.
a. negligence b. imprudence
c. omission d. act
31. Ways and means are employed for the purpose of trapping and capturing the law breaker in the execution of his criminal plan.
a. misfeasance b. entrapment
c. inducement d. instigation
32. Those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.
a. impossible crimes
b. aggravating circumstances
c. absolutory causes
d. complex crimes
33. An alternative circumstance.
a. insanity b. intoxication
c. passion or obfuscation d. evident premeditation
34. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for him?
a. a plea of not guilty b. a plea of guilty
c. a plea of mercy d.plea of surrender
35. At what time may the accused move to quash the complaint or information?
a. at any time before his arrest
b. only after entering his plea
c. any time before entering his plea
d. Monday morning
36. The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition on the case subject to court approval.
a. arraignment b. plea bargaining
c. preliminary investigation d. trial
37. The security given for the release of a person in custody, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions specified by law.
a. subpoena b. recognizance
c. bail d. warrant
38. The examination before a competent tribunal, according to the laws of the land, of the acts in issue in a case, for the purpose of determining such issue.
a. trial b. arraignment
b. pre-trial d. judgment
39. The adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused.
a. trial b. pre-trial
c. arraignment d. judgment
40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that an offense has been committed and the offender is probably guilty thereof and should be held for trial.
a. pre-trial b. arraignment
c. preliminary investigation d. plea bargaining
41. It is evidence of the same kind and to the same state of facts.
a. secondary evidence b. prima facie evidence
c. corroborative evidence d. best evidence
42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed.
a. secondary evidence b. prima facie evidence
c. corroborative evidence d. best evidence
43. A form of evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances.
a. documentary evidence b.testimonial evidence
c. material evidence d. real evidence
44. When the witness states that he did not see or know the occurrence of a fact.
a. positive evidence b.corroborative evidence
c. secondary evidence d. negative evidence
45. Personal property that can be subjects for search and seizure.
a. used or intended to be used as means in committing an offense
b. stolen or embezzled and other proceeds or fruits of the offense
c. subject of the offense
d. all of the above
46. All persons who can perceive and perceiving, can make known their perception to others.
a. suspects b. witnesses
c. victims d. informers
47. The unlawful destruction, or the bringing forth prematurely, of human fetus before the natural time of birth which results in death.
a. abortion b. infanticide
c. murder d. parricide
48. Felony committed when a person is killed or wounded during the confusion attendant to a quarrel among several persons not organized into groups and the parties responsible cannot be ascertained.
a. alarm and scandal
b. mysterious homicide
c. death under exceptional circumstances
d. tumultuous affray
49. A question which arises in a case the resolution of which is the logical antecedent of the issue involved in said case and the cognisance of which pertains to another tribunal.
a. legal question b. juridical question
c. prejudicial question d. judicial question
50. The offender has been previously punished for an offense to which the law attaches an equal or greater penalty or two or more crimes to which it attaches a lighter penalty.
a. reiteracion b. recidivism
b. quasi-recidivism d. habitual delinquency
51. An act or omission which is a result of a misapprehension of facts that is voluntary but not intentional.
a. impossible crime b. mistake of facts
c. accidental crime d. complex crime
52. Infanticide is committed by killing a child not more than….
a. 36 hours b. 24 hours
c. 48 hours d. 72 hours
53. Ignorance of the law excuses no one from compliance therewith.
a. ignorantia legis non excusat b. parens patriae
c. res ipsa loquitur d. dura lex sed lex
54. An act which would be an offense against persons or property were if not for the inherent impossibility of its accomplishment.
a. compound crime b. impossible crime
c. complex crime d. accidental crime
55. The law which reimposed the death penalty.
a. RA 5425 b. RA 8553
c. RA 7659 d. RA 8551
56. One who is deprived completely of reason or discernment and freedom of the will at the time of the commission of the crime.
a. discernment b. insanity
c. epilepsy d. imbecility
57. The quality by which an act may be subscribed to a person as its owner or author.
a. responsibility b. duty
c. guilt d. imputability
58. Something that happen outside the sway of our will, and although it comes about through some acts of our will, lies beyond the bounds of humanly foreseeable consequences.
a. fortuitous event b. fate
c. accident d. destiny
59. A sworn written statement charging a person with an offense, subscribed by the offended party , any peace officer or other public officer charged with the enforcement of the law violated.
a. subpoena b. information
c. complaint d. writ
60. This right of the accused is founded on the principle of justice and is intended not to protect the guilty but to prevent as far as human agencies can, the conviction of an innocent person.
a. right to due process of law
b. presumption of innocence
c. right to remain silent
d. right against self-incrimination
61. Known in other countries as the body of principles, practices, usages and rules of action which are not recognized in our country.
a. penal laws b. special laws
c. common laws d. statutory laws
62. Circumstances wherein there is an absence in the agent of the crime any of all the conditions that would make an act voluntary and hence, though there is no criminal liability there is civil liability.
a. exempting b. alternative
c. justifying d. aggravating
63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs no criminal and civil liability.
a. exempting b. alternative
c. justifying d. aggravating
64. When the offender enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act.
a. ignominy b. cruelty
c. treachery d. masochism
65. One, who at the time of his trial for one crime shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.
a. recidivism b. habitual delinquency
c. reiteracion d. quasi-recidivism
66. Alevosia means
a. craft b. treachery
c. evident premeditation d. cruelty
67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.
a. ex post facto law
b. equal protection of the law
c. rule of law
d. due process of law
68. A person if within a period of 10 years from the date of his release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener.
a. recidivist b. quasi-recidivist
c. habitual delinquent d. hardened criminal
69. A kind of evidence which cannot be rebutted or overcome.
a. Primary b. Best
c. Secondary d. Conclusive
70. A kind of evidence which cannot be rebutted or overcome.
a. Primary b. Best
c. Secondary d. Conclusive
71. These questions suggest to the witness the answers to which an examining party requires.
a. leading b. misleading
c. stupid d. hearsay
72. A method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and for their punishment in case of conviction.
a. Criminal Law b. Criminal Evidence
c. Criminal Procedure d. Criminal Jurisprudence
73. The period of prescription of crimes punishable by death.
a. 20 years b. 15 years
c. 10 years d. 40 years
74. Persons who take direct part in the execution of a crime.
a. accomplices
b. accessories
c. instigators
d. principals
75. A crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person.
a. libel
b. slander by deed
c. incriminating innocent person
d. intriguing against honor
76. The improper performance of some act which might lawfully be done.
a. misfeasance
b. malfeasance
c. nonfeasance
d. dereliction
77. A sworn statement in writing, made upon oath before an authorized magistrate or officer.
a. subpoena
b. writ
c. warrant
d. affidavit
78. Any other name which a person publicly applies to himself without authority of law.
a. alias
b. common name
c. fictitious name
d. screen name
79. A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same.
a. quasi-recidivism
b. recidivism
c. reiteracion
d. charivari
80. Which of the following is not a person in authority.
a. Municipal mayor
b. Private School Teacher
c. Police Officer
d. Municipal Councilor
81. In its general sense, it is the raising of commotions or disturbances in the State.
a. Sedition
b. Rebellion
c. Treason
d. Coup d’etat
82. The length of validity of a search warrant from its date.
a. 30 days
b. 15 days
c. 10 days
d. 60 days
83. The detention of a person without legal grounds by a public officer or employee.
a. illegal detention
b. arbitrary detention
c. compulsory detention
d. unauthorized detention
84. A breach of allegiance to a government, committed by a person who owes allegiance to it.
a. treason
b. espionage
c. rebellion
d. coup d’etat
85. A building or structure, exclusively used for rest and comfort.
a. sanctuary
b. prison
c. jail
d. dwelling
86. The mental capacity to understand the difference between right and wrong.
a. treachery
b. premeditation
c. recidivism
d. discernment
87. Conspiracy to commit this felony is punishable under the law.
a. Estafa
b. Murder
c. Rebellion
d. Rape
88. It means that the resulting injury is greater than that which is intended.
a. Aberratio ictus
b. Error in personae
c. Dura Lex Sed lex
d. Praeter Intentionem
89. It means mistake in the blow.
a. Aberratio Ictus
b. Error in Personae
c. Dura lex sed lex
d. Praeter Intentionem
90. A stage of execution when all the elements necessary for its execution and accomplishment are present.
a. Attempted
b. Frustrated
c. Consummated
d. Accomplished
91. An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional.
a. Absolutory Cause
b. Mistake of facts
c. Conspiracy
d. Felony
92. Crimes that have three stages of execution.
a. Material
b. Formal
c. Seasonal
d. Continuing
93. Felonies where the acts or omissions of the offender are malicious.
a. Culpable
b. Intentional
c. Deliberate
d. Inculpable
94. It indicates deficiency of perception.
a. Negligence
b. Diligence
c. Imprudence
d. Inference
95. Acts and omissions punishable by special penal laws.
a. Offenses
b. Misdemeanours
c. Felonies
d. Ordinances
96. A character of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines.
a. General
b. Territorial
c. Prospective
d. Retroactive
97. A legislative act which inflicts punishment without judicial trial.
a. Bill of Attainder
b. Bill of Rights
c. Ex Post Facto Law
d. Penal Law
98. The taking of a person into custody in order that he may bound to answer for the commission of an offense.
a. Search
b. Seizure
c. Arrest
d. Detention
99. Pedro stole the cow of Juan. What was the crime committed?
a. Robbery
b. Farm Theft
c. Qualified Theft
d.Simple Theft
100. Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without threat, force or intimidation. What was the crime committed?
a. Child rape
b. Qualified Rape
c. Statutory Rape
d. None
101.) The Revised Penal Code may be enforced outside the jurisdiction of the Philippines when
A. one commits an offense on any ship or airship.
B. one introduces into the Philippines any counterfeit coin.
C. a public officer enters into a bigamous marriage.
D. one commits a crime against national security.
102.) A warrantless search is valid when the search is made by
A. a customs officers at the home of a known smuggler.
B. anti-drug enforcers.
C. policemen at a COMELEC checkpoint.
D. NBI agents looking for a bomb at a mall.
103.) A justifying circumstance is exemplified by
A. a retreat from aggression.
B. a pre-emptive blow.
C. a counter blow.
D. a good intention.
104.) A person walks into a police station and declares that he has committed a crime before the police could take him into custody. May his declaration be admitted against him?
A. No since he has not been forewarned of his rights to silence and to counsel.
B. Yes since he made his declaration before he could be taken into custody and investigated.
C. No since he has entered the police station and came within its jurisdiction.
D. Yes since he freely gave his declaration to the police.
105.) Rape is sexual intercourse with the use of
A. deceit
B. moral ascendance
C. intrigue
D. force or intimidation.
106.) The act of the police in placing the accused in a police line-up without his prior consent
A. violates his right against self-incrimination.
B. violates his right to counsel.
C. constitutes a valid police investigation procedure.
D. is valid conditioned on his being identified at the trial.
107.) A warrantless search is valid when it is made
A. by customs officers at the home of a known smuggler.
B. by anti-drug enforcers.
C. by policemen at a COMELEC checkpoint for illegal firearms.
D. by the NBI for a bomb at the mall.
108.) A qualifying circumstance cannot be presumed, but must be established by
A. proof beyond reasonable doubt
B. clear and convincing evidence
C. substantial evidence
D. preponderance of evidence
ANSWERS:
1. B 26. B 51. B 76. A
2. B 27. C 52. D 77. D
3. B 28. B 53. A 78. A
4. B 29. C 54. B 79. A
5. D 30. C 55. C 80. C
6. D 31. B 56. D 81. A
7. C 32. C 57. D 82. C
8. C 33. B 58. C 83. B
9. C 34. A 59. C 84. A
10. A 35. C 60. B 85. D
11. C 36. B 61. C 86. D
12. C 37. C 62. A 87. C
13. C 38. A 63. C 88. D
14. B 39. D 64. B 89. A
15. B 40. C 65. A 90. C
16. D 41. C 66. B 91. B
17. B 42. B 67. D 92. A
18. C 43. A 68. C 93. A
19. A 44. D 69. D 94. A
20. C 45. D 70. D 95. A
21. C 46. B 71. A 96. A
22. A 47. A 72. C 97. A
23. D 48. D 73. A 98. C
24. D 49. C 74. D 99. C
25. A 50. A 75. B 100. C 101. ) D 102.) C 103.) C 104.) B 105.) D 106.) C 107.) C 108.) B
REMEDIAL LAW -- 20%
1. The jurisdiction of courts are determined by
A. Congress.
B. The Supreme Court.
C. The Judicial and Bar Council.
D. The Court Administrator.
2.) Which of the following constitutes antecedent collateral evidence of a bank robbery that several accused committed?
A. The act of the lookout during the robbery.
B. The kinship among them.
C. The amount missing from the bank’s vault
D. The fingerprints on the teller’s counter.
3.) Real or object evidence is authenticated by showing
A. who owns it.
B. that it is what it is claimed to be.
C. how the evidence got to court.
D. similar or like objects.
4.) A couple named their son Mario Lopez. But a confused clerk at the hospital registered his name as Maria Lopez and his gender as female. The city civil registrar has authority to
A. correct his name and gender.
B. correct his name but not his gender.
C. correct his gender but not his name.
D. indorse the case to court.
5.) A decision states that the defendant is entitled to moral damages but its dispositive portion did not carry an award of moral damages. The writ of execution, however, orders the defendant to pay moral damages of P5,000. Must he comply?
A. Yes since the body of the decision contains the justification for it.
B. No since it is the dispositive portion of the decision that controls.
C. Yes since the writ of execution affirms it.
D. No since the plaintiff needed to pay docket fee on the P5,000.
6.) A criminal action must be filed in the place where
A. the offense took place.
B. the accused was apprehended and detained.
C. the offended party resides.
D. the preliminary investigation took place.
7.) The police nabbed two robbery suspects whom they convinced during the investigation to go with them to the scene of the crime to reenact how they committed it. Is the reenactment admissible in evidence?
A. No since it amounts to waiver of right to silence without the advice of counsel.
B. Yes since the reenactment was voluntary.
C. No since it is irrelevant evidence.
D. Yes since the reenactment was unaccompanied by any statement from the suspects.
8.) To prove that Susan stabbed her husband Sergio, Pete testified that he heard Rico running down the street, shouting excitedly, “Sinaksak daw ni Susan ang asawa niya!” Rico’s declaration is
A. admissible as part of res gestae.
B. inadmissible as hearsay.
C. admissible as independently relevant statement.
D. inadmissible as a mere opinion.
9.) The law that will determine jurisdiction over a particular case is the law in force at the time
A. the cause of action accrued.
B. the action is filed.
C. the issues in the action are joined.
D. the defendant receives the complaint.
10.) The right to be presumed innocent is NOT violated by a law that establishes a presumption of guilt based on a certain fact proved provided that
A.the accused has a chance to overcome it.
B. the nature of the crime permits it.
C. what is proved and presumed are reasonably connected.
D. the law is not retroactive.
11.) Choose which of the following is correct:
a. Documentary evidence is that which is directly addressed to the senses of the court and consists of tangible things
b. Documentary evidence is offered when a document is presented to prove its existence or condition
c. Where the purpose is to prove a collateral fact that took place while a document was being prepared, rule on documentary evidence shall apply
d. Documentary evidence applies only when the contents of such document is the subject of inquiry
Answers: 1. A 2. B 3. B 4. B 5. B 6. A 7. A 8. B 9. B 10. C 11.) d
LEGAL ETHICS/FORMS -- 5%
1.) The practice of law is a right in the sense that a lawyer cannot be prevented from practicing law except for valid reasons.
2.) The practice of law is a privilege because it is limited to persons of good moral character with special qualifications duly ascertained and certified.
Tags: philippine MCQ bar exam, multiple choice test, sample mcq bar questions, sample mcq bar exam, mcq questions, multiple choice question, bar exam philippines examination
MOCK BAR EXAMINATION QUESTIONS IN
CIVIL
LAW 1
1. A executed a will consisting of ten
pages. At the probate, B, one of his
children interposed an opposition on the ground that one of the pages of the
same has not been signed by A and one of the witnesses. Rule on the opposition.
a. The testator and the instrumental witnesses must sign.
b. The defect is fatal if there is failure to have the
original signatures.
c. If there was mere inadvertence of one of the true
witnesses or even the testator, the will must be admitted.
d. The will should not be admitted.
2. A, a minor, executed a last will and
testament. He died at the age of 21,
after which his will was submitted to probate.
If you were the judge, would you approve it?
a. Yes, because the will is valid.
b. Yes, because the testator is capacitated.
c. No, because the will is void.
d. No, because the will is not in accordance with law.
3. The attestation clause of X’s will do
not contain his signature. At its
probate, it is being opposed on that basis.
Is the opposition correct? Choose
the best answer.
a. Yes, because it is fatal defect.
b. Yes, the will is not valid.
c. No, attestation clause is not an act of the testator.
d. No, attestation clause is not a part of a will.
4. After A has executed a will, he tore it
out of anger because B and C were disputing the fact that a house and lot at
San Lorenzo Village should have been given by A to C when the will gives it to
B. Discuss whether the will was revoked
or not.
a. The mere act of A is immaterial
b. The tearing of the will may amount to revocation
c. The tearing of the will may amount to revocation if
coupled with intent of revoking it.
d. The act of tearing the will is material.
5. What is the effect if the second heir
dies ahead of the first heir in a fideicommisary substitution? Choose the best answer.
a. No, transmission of right from the first heir to the
second.
b. No right of representation
c. The right shall be transmitted to the heirs of the
second heir.
d. None of the above.
6. Suppose the reservista is survived by
the uncles and aunts and by the nephews and nieces of the propositus, who shall
be entitled to the property reserved?
Choose the best answer.
a. The uncles and aunts shall inherit the property
b. The nephews and nieces of the decedent survive and are
willing and qualified.
c. The uncles and nephews shall inherit together.
d. The aunts and nieces shall inherit together.
7. X and Y are married. The marriage was contracted under articulo
mortis, and the testator died within 3 months from the time of marriage. What is X’s share of his spouse’s
inheritance? Choose the best answer.
a. The surviving spouse shall inherit the whole
hereditary estate.
b. The surviving spouse shall inherit ½ of the estate.
c. The surviving spouse shall inherit 1/3 of the estate.
d. The surviving spouse shall inherit ¾ of the estate.
8. X and Y are married. They have children A, B, and C. During the lifetime of X, A renounced his
inheritance from his father. Upon X’s death,
will the right of accretion apply?
a. Yes, A may renounced his inheritance from his father.
b. Yes, the right of accretion applies.
c. No, because the renunciation is void.
d. No, because the renunciation is not in writing.
9. A repudiated his inheritance from his
father. Can he be represented by his
son, B?
a. Yes, repudiation do not affect right of representation.
b. No, because heirs who repudiate their share may not be
represented.
c. Yes, because the act of repudiation is contrary to
public policy.
d. None of the above.
10. If a compulsory heir is disinherited,
is it limited to his legitime?
a. No, it also covers the free portion.
b. Yes, it is limited only to his legitime.
c. Disinheritance affect only the free portion but not
the legitime
d. None of the above.
11. Rights to succession are transmitted:
a. On date of last will and testament
b. On probate of will
c. On death of testator
d. On date of death of surviving heir
12. What law shall determine the validity
of a will?
a. The national law of testator
b. The law at the time it is made
c. The law at the time of probate of the will
d. The law at the time of death of the testator
13. A holographic has no date except one
found on the first page, is the will valid?
a. Yes, because the law does not specify the place where
the date should be placed.
b. No, because the date should be after the signature of
the testator.
c. No, because it did not follow the requirements of law.
d. Yes, because the intention of the testator must be
respected.
14. In case a holographic will is lost,
can it still be probated?
a. No, because the best and only evidence of the
handwriting is the will itself.
b. No, the probate court has no jurisdiction.
c. No, because the testator is still living.
d. Yes, because secondary evidence may be presented.
15. Disposition captatoria means that the
heir shall make provisions in his will:
a. In favor of another heir
b. In favor of testator or any other person
c. In favor of the state
d. In favor of a legatee
16. Preterition or omission of one, some,
or all the compulsory heirs, or some of compulsory heirs in the direct line
whether living at the time of the execution of the will or born after the death
of the testator shall:
a. Make the will voidable
b. Make the will void
c. Annul the institution of heirs
d. Make the will unenforceable
17. After the probate of a will, may a
case for forgery be filed against an instituted heir?
a. No, because the probate of the will is an evidence of
its due execution and authenticity.
b. No, because the probate of the will is a justifying
circumstance.
c. Yes, because a forgery is a criminal action.
d. Yes, because this is a statutory right.
18. When an injury or damage is caused to
another, there being fault or negligence and there is no pre-existing
contractual relation between the parties, the source of the obligation is:
a. Law
b. Contracts
c. Quasi-contracts
d. Quasi-delicts
19. The bailee has the right to be
reimbursed in full for advances he made for extraordinary expenses of
preservation of the subject matter in commodatum.
a.
he gave notice to the bailor before he
incurred the expense.
b.
if the extraordinary expense arose out of
the actual use of the thing.
c.
if the bailee was negligent in the use of the thing borrowed.
d.
even if the cause of the expense was
the fault of a third person.
20. What are the objectives of Probate
proceedings?
a.
Probate proceedings seek to establish the
identity of the will, its genuineness and due execution, and the testamentary
capacity of the testator.
b.
Probate seeks to determine whether the
will is formally valid.
c.
Probate seeks to determine whether the
will is intrinsically valid.
d.
Both b and c are correct.
e.
Both a and b are correct.
21. The borrower in a contract of loan or
mutuum must pay interest to the lender.
a.
if there is an agreement in writing to
that effect.
b.
as a matter of course.
c.
if the amount borrowed is very large.
d.
if the lender so demands at the maturity
date.
22. Disinheritance is the process or act
through testamentary disposition of depriving in a will any compulsory heir of
his legitime for true and lawful causes.
The requisites are:
a. Must be a valid will with legal, true and existing
cause expressly stated.
b. Must be total and complete and said cause stated in
the will.
c. The disinherited heir must be clearly identified and
the will is not revoked.
d. All of the above.
23. What crimes committed by a convict
will disqualify him as an instrumental witness to a will?
a. Falsification of public document.
b. Perjury and false testimony.
c. Slander by deed.
d. a and b
24. This party in a reserva troncal is the
descendant (brother or sister) whose death gives rise to the reserve and from
whom therefore the third degree is counted is known as:
a. Origin
b. Propositus
c. Reservista
d. Reservatorios
25. A has a son B and the latter adopted C. B predeceased his father. Can C represent B in the inheritance of A?
a. Yes, he is a compulsory heir.
b. Yes, he is the legal representative.
c. No, there is no blood relationship between A and C.
d. No, he is a voluntary heir.
26.
X during his lifetime sold and conveyed two (2) parcels of land to his
heirs. After X’s death and the probate
of his will, are the conveyed properties subject to collation for determination
of the heirs’ legitime?
a. No, because X is no longer the owner of the conveyed
properties.
b. No, because there was no gratuitous conveyance.
c. Yes, because the heirs are already the owners of the
conveyed properties.
d. Yes, they are considered advanced legitime.
27.
Can a criminal convicted of a crime which carries civil interdiction
execute his will?
a. Yes, it is his statutory right.
b. No, it is an accessory penalty.
c. Yes, it only prohibits disposition of property inter
vivos, not mortis causa.
d. No, it is inconsistent with public policy.
28.
Spouses M and N executed two (2) separate wills containing the same
provisions. After their death, their
compulsory heirs filed a petition for joint probate of their wills. One of the voluntary heirs objected because
joint probate is invalid. Is the
objection tenable?
a. Yes, joint wills are not allowed in the Civil Code.
b. Yes, because the wills have different voluntary heirs.
c. No, because M and N are spouses.
d. No, because practicable considerations dictate the
joint probate of the wills.
29.
X was disinherited by his father Y.
In the probate of Y’s will, can the children of X represent their
disinherited father?
a. No, the disinheritance affects the heirs of the
disinherited person.
b. Yes, representation is allowed in case of
disinheritance.
c. Yes, substitution of the disinherited person is
allowed.
d. No.
Representation is not allowed by law.
30.
State the share in the estate of the testator of illegitimate children
who survive with the surviving spouse.
a. 1/3
b. ¼
c. 1/8
d. ½
31.
A complaint of forgery was filed against instituted heir after the
allowance of probate of the testator’s will.
Will this action prosper?
a. No, the probate of the will is an evidence of the due
execution of the will.
b. No, the probate is a justifying circumstance.
c. Yes, forgery is a criminal action.
d. Yes, this is a statutory right.
32.
In reserve troncal the relatives within third degree coming from the
same line inherit from:
a. Descendant propositus
b. Reservista
c. Origin
d. Testator
33.
The renunciation or repudiation of inheritance shall take effect:
a. Date of repudiation or renunciation
b. Date of will
c. Date of allowance of will
d. Date of death of testator
34.
Disposition Captatoria is void because the heir makes a disposition in
his will in favor of:
a. another heir
b. testator
c. the State
d. a legatee or devisee
35.
May the alluvial deposits be lost by prescription in favor of
another? Choose the best answer.
a. No, because there is registration by fiction of law.
b. No, because it is covered by a Torrens
title.
c. Yes, because it is not covered by a Torrens
title.
d. Yes
36.
The northeastern portion of the land of X Manila bay. If there is accretion formed, who owns the
accretion? Choose the best answer.
a. The riparian owner.
b. The accretion belongs to the state.
c. The owner of the contiguous land.
d. Belongs to the land adjoining it.
37.
Which of the following is not a characteristic of a co-ownership?
a. There must be more than one subject or owner.
b. There is one physical whole divided into ideal shares.
c. Each share is definite in amount, but is not
physically segregated from the first.
d. The co-ownership has juridical personality.
38.
The following are modes of extinguishing usufruct except,
a. Expiration of the period for which it was constituted.
b. Merger of the usufruct and ownership in the same
person.
c. Total loss of the thing.
d. Bad use of the thing in usufruct..
39.
X,Y, and Z are co-owners of a real property which was mortgaged to
A. X redeemed it during the period of
redemption with his personal funds. Did
X become the sole owner of the property, thereby terminating the co-ownership?
a. Yes, because his redemption vest in him sole
ownership.
b. Yes, because the funds belong to him alone.
c. No, because the redemption inured to the benefit of
all co-owners.
d. No, because Y and Z did not consent to the redemption.
40.
The following are the classes of possession except.
a. Possession in one’s name or possession in the name of
another.
b. Possession in the concept of an owner or possession in
the concept of a holder.
c. Possession in good faith or bad faith.
d. Possession with just title.
41.
The following are the requisites of the easement of right of way,
except.
a. The property is surrounded by other estate.
b. There must be no adequate outlet to a public highway.
c. There must be indemnity.
d. That if there is outlet, it is not convenient to the
dominant estate.
42.
The following are disqualified to donate to each other, except.
a. Those guilty of adultery or concubinage at the time of
the donation.
b. Those found guilty of the same criminal offense in
consideration thereof.
c. Those made to public officers or their spouses,
descendants, or ascendants, by reason of their office.
d. Those obliged to support one another.
43.
The following are the remedies against private nuisance, except.
a. A civil action
b. A prosecution under the penal code or any local
ordinance.
c. Abatement without judicial proceedings.
d. None of the above.
44.
The nature of action in Quieting of Title is in personam.
a. No, it is always a real action since the subject is
real property.
b. No, because the decision is enforceable against the
whole world.
c. Yes, provided the subject is personal property.
d. Yes, because the decision is enforceable only against
the defeated party.
e. None of the above.
45.
Minerals are still owned by the state even if discovered from a private
land.
a. Yes, provided the land is not titled.
b. Yes, because the constitution so provides.
c. No, if the land is titled to a private person.
d. No, it will violate property and property rights.
e. None of the above.
46.
The owner and the tenant are in both possession of the land subject of
the lease contract.
a. No, only the tenant, because he is in actual
possession of the land.
b. No, only the owner, because the other is just a mere
tenant.
c. Yes, but of different concept.
d. No, either of them.
e. Yes, as general rule.
47.
Negative easement may be acquired by prescription through notarial
prohibition.
a. No, because it is non-apparent.
b. Yes, because notarial prohibition makes apparent what
is non-apparent.
c. Yes, because it is provided for by law.
d. Yes, only after 10 years from service of notarial
prohibition.
e. None of the above.
48.
In case of roots of a neighboring tree intruded to the state of another,
the neighboring owner has the right to cut it off.
a. Yes, only after his demand for the cutting is ignored.
b. Yes, because he owns the roots that intruded at his
property.
c. No, without permission from the owner of the tree.
d. Yes, only after 10 years of prescription.
e. No, as a general rule.
49.
Which statement is correct?
1. Accession is the right of an owner of a
property to everything which is produced thereby or which is incorporated or
attached thereto either naturally or artificially.
2. Natural, industrial and civil fruits
belong to the owner.
a. Both statements are correct.
b. Statement 1 is correct; statement 2 is incorrect.
c. Statement 1 is correct; statement 2 is correct.
50.
It is a process whereby the current of a river, creek, or torrent
segregates from an estate on its bank a known portion of land and transfers it
to another estate. Such process is known
as:
a. Alluvion
b. Avulsion
c. Adjunction
d. Commixtion
51.
Which provision of the Condominium Act (RA 4796) is correct?
1. A condominium corporation shall not,
during its existence, sell, exchange, and lease or otherwise dispose of the
common areas owned by or held by in the condominium project unless authorized
by the affirmative vote of all the stockholders or members.
2. Whenever real property has been divided
into condominiums, each condominium separately owned shall be separately
assessed, for purposes of real property taxation and other tax purposes, to the
owners thereof and tax on each such condominium shall constitute a lien solely
thereon.
a. Provision 1 is correct, 2 is incorrect.
b. Both provisions are incorrect.
c. Both provisions are correct.
d. Provision 1 is incorrect, 2 is correct.
52.
May a real property be classified validly as personal property?
a. Yes provided it will not prejudice third person/s.
b. Yes by special provision of our laws.
c. Yes by agreement between the parties.
d. No. A real
property is always a real property.
e. A, B & C are all correct.
53. Under our law Good Faith is presumed,
why?
a. Because of express provision of our law/s.
b. Because it is the right thing to do.
c. No, you have to prove it by extrinsic evidence..
d. No, it is to be proven beyond reasonable doubt.
e. A and B are correct.
54.
In like manner, Bad Faith is not presumed. Why?
a. Yes, because bad faith is personal.
b. Yes, because bad faith could be inherited.
c. Yes, because ignorance of the law excuses no one.
d. Yes, because it should be proven in court.
e. A and D are correct.
55.
In land registration cases, the government is always represented by
whom?
a. By the Office of the City Prosecutor.
b. By the Office of the Solicitor General.
c. By a private counsel hired for that matter.
d. By the Register of Deeds.
e. By the Bureau of Land.
56.
Accession is not a mode of acquiring ownership?
a. Yes, because it was not one of the seven (7) modes of
acquiring ownership.
b. No, it is considered as acquisition by law.
c. No, because it is neither alluvium or avulsion.
d. Yes, in accordance with our customs.
e. Yes, as a general rule only.
57.
A Torrens Title is not a protection in
alluvium?
a. No, because a land covered by Torrens Title is not
subject to prescription.
b. No, for economic reason.
c. Yes, because the soil added cannot be identified.
d. No, because the property is titled.
e. Yes, if the river is navigable or floatable only.
58.
A possessor in bad faith of a land is entitled for reimbursement as a
matter of right?
a. Yes, but only to useful expenses.
b. No to all kind of expenses, because he is in bad
faith.
c. Yes, but only to luxury expenses.
d. Yes, but only to necessary expenses.
e. Yes, by agreement with the parties.
59.
Illegal condition/consideration will result to nullity of the contract
of donation?
a. Yes, because the contract shall be contrary to law.
b. Yes, but if the condition/consideration had been
fulfilled already.
c. No, if the condition/consideration had not been
fulfilled yet.
d. No, because it will violate the constitutional rights
of the parties.
e. B and C are correct
60.
In land registration cases, the court may acquire jurisdiction only
after:
a. Service of summons to the respondents/defendants.
b. After trial of the case.
c. Upon filing of the petition/complaint.
d. Upon publication.
e. Upon filing of the answer by the
respondent/defendants.
61.
In the contract of usufruct, the owner of the property is being called
the naked owner. Why?
a. Because the owner lost possession of the property.
b. Only if the subject is real property.
c. Because of the agreement of the parties.
d. Because he was divested of his two (2) major rights.
e. Because it is a good name.
62.
In formation of an island, the owner of the nearest margin/distance is
the owner of the new island?
a. Because of the principle that accessory follows the
principal.
b. Because of the express provision of laws.
c. Only if the river is floatable or navigable.
d. Only if the river is non-floatable or non-navigable.
e. Only if there is a dries-up river bed.
63.
In perpendicular co-ownership, each floor owners must bear expenses
pertaining to his own floor?
a. No, all the co-owners must share proportionately.
b. No, it is covered by Condominium Law.
c. Yes, because his ownership is identified.
d. Yes, as expressly provided for by law.
e. C and D are correct.
64.
Easement is always a real right.
a. Yes, if the easement is for use of another real
property.
b. No, if the easement is for use of person only.
c. Yes, because it is enforceable against the world.
d. No, because it is a property use limitation.
e. Yes, in the case of contractual easement only.
65.
A nuisance is one of the most serious hindrance to the enjoyment of life
and property.
a. Yes, because it injures or endanger our health and
safety.
b. Yes, because it annoys or offends our senses.
c. Yes, because it shocks, defies or disregards decency
or morality.
d. Yes, because it hinders or impairs the use of
property.
e. All are correct.
66.
Registration of the Register of Deeds is a mode of acquiring ownership.
a. Yes as provided for by P.D. 1529.
b. Yes as provided for by the New Civil Code.
c. No, it is only for the protection of ownership rights.
d. Yes, because if you failed to register it, you may
lost it by prescription.
e. None of the above.
67.
May a local ordinance extinguish a legal easement?
a. Yes, because it is a recent law.
b. Yes, if the local ordinance expressly provided the
same.
c. No, because a local ordinance should not be repugnant
to law.
d. No, because the local ordinance is not valid for being
contrary to law.
e. C and D are both correct
68.
A condominium buyer is entitled to the issuance of the Condominium
Certificate of Title as a matter of right.
a. Yes, from the time he signed the Contract of Sale.
b. Yes, from the time he fully paid the purchase price.
c. Yes, from the time of the delivery of the condo unit.
d. Yes, provided it is stated at the Master Deeds.
e. All of the above.
69.
The doctrine of “Hot Pursuit” is an exemption to that a person should
not take the law into his own hands.
a. Yes, under special circumstance only.
b. No, because everybody should be law abiding citizen.
c. No, because ignorance of the law excuses no one.
d. No, because the rule allows no exemption.
e. All of the above.
70.
The nature of action in Quieting of Title is in personam.
a. No, because the subject of the case is always a real
property.
b. No, because the decision in the case is enforceable
against the whole world.
c. Yes, provided the subject is a personal property.
d. Yes, because the decision is enforceable only against
the litigating parties.
e. None of the above.
71.
Under Intellectual Property Code, to be covered by the law, it is
required that you register your business in the Philippines
a. Yes, because registration will give you such
protection.
b. No, because the law is design to protect registered
and non-registered owner.
c. No, because the law is design to protect world wide
piracy of products.
d. Yes, because registration will give jurisdiction to
our court.
e. B and C are correct.
72.
Finder of lost movable property is guilty of the crime of theft if he
keeps the thing to himself?
a. No, because there is no force upon person.
b. Yes, if there is force upon thing.
c. Yes, like in prescription.
d. Yes, because the owner lost only physical possession.
e. No, because there is no more owner to speak with.
73.
Reproduction of books by Xerox or photocopying is a violation of the
Copyright Law?
a. No, it is being tolerated anyway.
b. No, because there is no law that prohibits it.
c. No, because it is economical.
d. Yes, because it deprives the author of his royalties.
e. Yes, because the operator of the Xerox Machine does
not pay his income tax.
74.
Donation is both an act and a contract.
a. No, because it is an act of man only.
b. No, because there is no exchange of value.
c. Yes, because it is a gratuitous contract.
d. No, because it is not part of Obligation and Contract
of New Civil Code.
e. None of the above.
75.
Donation of the same thing to two or more persons shall be governed by
the rule on double sale?
a. No, because they are of different contracts.
b. No, because they are covered by different chapters of
the New Civil Code.
c. Yes, because both acts transfer ownership.
d. No, because in donation there is no exchange of value.
e. No, because in sale there is exchange of values.
76.
All installment buyers of real estate are protected by R.A. 6552 (Maceda
Law).
a. Yes, because it is the intent and spirit of the law.
b. No, only those who had paid at least 2 years of
installment and defaulted later.
c. No, they have to apply for it first at HLURB to be
covered.
d. Yes, provided it will not violate their contract.
e. No, it is applicable only to buyer in installment of
appliances.
77. Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was preparing for the bar
examinations, Miguel, a lawyer and cousin of Liza threatened Noel with the
filing of a complaint for immorality in the Supreme Court, thus, preventing him
from taking the examinations unless he marries Liza. As a consequence of the threat, Noel married
Liza. Can the marriage be annulled on
the ground of intimidation under Article 45 of the Family Code?
a. Yes, because without the threat, Noel would not marry
Liza.
b. Yes, because the threat, to enforce the claim of Liza,
vitiates the consent of Noel in contracting the marriage.
c. No, because the threat made by Miguel is just and
legal.
d. No, because Miguel is not a party to the contract of
marriage between Liza and Noel.
78.
Magdalene and Shantung Company entered into a contract of agency before
the consul general of the Philippines Singapore land
of Shantung Singapore Philippines Singapore Singapore
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 Singapore
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
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. U.S.
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.
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 Australia Australia
a. Void, because the consular official has no authority
to solemnize the marriage.
b. Valid, because according to the laws of Australia
c. Voidable, because there is an irregularity in the
authority of the consular official to solemnize marriages.
d. Valid, because such marriage is recognized as valid in
the place where it was celebrated.
85.
The doctrine of “Self-Help” is an exemption that a person should not
take the law intro his own hands.
a. Yes, under special circumstances.
b. No, because everybody should be law abiding citizen.
c. No, because ignorance of the law excuses no one.
d. No, because the rule allows no exemption.
e. All of the above.
86.
Excited over their impending marriage, the parties overlooked the
expiration date of their marriage license but just the same the marriage was
solemnized two days after its expiration date. The marriage is:
a.
valid there being a marriage license
validly obtained by the parties.
b.
voidable there being a defect in the
formal requisite.
c.
valid there being only an irregularity in
the marriage license.
d.
void in the absence of a valid marriage
license.
e.
valid there being good faith on the part of the parties.
87.
Filipinos are governed by their national law with respect to the
following matters, except:
a.
legal capacity
b.
family rights and status
c.
personal property
d.
testamentary succession
e.
intrinsic validity of wills
88.
Separation of property between spouses during the marriage may take
place only:
a.
by agreement of the spouses.
b.
if one of the spouses has given ground for
legal separation.
c.
upon order of the court.
d.
if one spouse has abandoned the other.
e.
if only one of the spouses is earning.
89.
For civil purposes, a fetus may be considered born if:
a.
it had an intra-uterine life of 8 months
but is dead upon delivery.
b.
it had an intra-uterine life of less than
7 months and it died after 5 days upon delivery.
c.
it had an intra-uterine life of less than
7 months and dies within 24 hours after its complete delivery from the maternal
womb.
d.
it was aborted on request of or with
permission from the father to save the life of the mother.
e.
it had an intra-uterine life of 9 months
but dies in the maternal womb.
90.
The husband may impugn the legitimacy of his child but not on the ground
that:
a.
the wife is suspected of infidelity.
b.
the husband had a serious illness that
prevented him from engaging in sexual intercourse.
c.
the child could not be his for biological
or scientific reasons.
d.
they were living apart.
e.
he is physically incapable of sexual
intercourse
91.
A marriage is void if:
a.
solemnized with a marriage license issued
without complying with the required 10-day posting.
b.
solemnized by a minister whom the parties
believe to have the authority.
c.
between parties both 23 years of age but
without parental advice.
d.
between a woman and her husband’s killer/holdup per.
e.
solemnized by a commanding officer between
two members of his battalion.
92.
In legal separation:
a.
the aggrieved spouse may file the action
within 5 years from the time of the occurrence of the cause.
b.
no trial shall be held without the 6-month
cooling off period being observed.
c.
the spouses will be entitled to live
separately upon the start of the trial.
d.
the prosecuting attorney has to conduct
his own investigation.
e.
the decree will not be granted solely on
the basis of admission.
93. Three years after marriage, wife
learned that husband is afflicted with STD. Apparently, he has been afflicted
even before the marriage but concealed such fact. An action for annulment may
be filed by the wife.
a.
within five years after marriage.
b.
anytime during the lifetime of the
husband.
c.
within five years upon knowledge of the
STD.
d.
anytime during the lifetime of the wife.
e.
anytime during the marriage.
94. On March 3, 1995 , wife delivered a child at which
time the husband has been harboring the suspicion of her unfaithfulness. He has
since been contemplating on impugning the legitimacy of the child until he met
an accident and died on March
27, 1996 . The legitimacy of the child may be impugned by:
a.
his parents
b.
his illegitimate child, if any
c.
his brothers or sisters
d.
his aunts or uncles
e.
none of them
95.
Specific guidelines have been laid down by the Supreme Court in the
interpretation and application of psychological incapacity as a ground for
annulment.
a.
the incapacity must be proven to be
existing at the time of the celebration of the marriage.
b.
the illness must be grave
c.
the burden of proof must rest on the
respondent.
d.
the roots of the illness can be traced to
the history of the subject
e.
the incapacity appears to be incurable.
96. Excessive donation inter vivos may be
revoked or reduced after the death of the donor.
a.
Yes, in so far that it reduces the
legitimate of the compulsory heirs.
b.
No, because it took effect while the donor
is still alive.
c.
No, because it will impair the right of a
person to enter into a contract.
d.
No, because it is not practical.
e.
All of the above.
97.
A husband by chance discovered hidden treasures on the paraphernal
property of his wife, who owns the discovered treasure.
a. The half pertaining to the husband (finder) belongs to
the conjugal partnership
b. The half pertaining to the wife (as owner) belongs to
the conjugal partnership
c. One half shall belong to the husband as finder and the
other half shall belong to the wife as owner of the property.
d. a and b
98.
Action for rescission on the account of lesion will prescribe within ---
a. 10 years
b. 5 years
c. 7 years
d. answer not given
99.
Which one is more burdensome, easement or usufruct?
a. Usufruct because the usufructuary has possession and fruits
of the property
b. Easement because the servient estate is under obligation to let
others use the property
c. None, because in both cases there is no transfer of title
d. Easement because easement is enforceable even if there is no
contract
100. Are growing crops real property?
a. Yes, for the purpose
of civil law
b. No, for the purpose
of criminal law
c. No, for the purpose
of commercial law
d. All of the above
e. None of the above
101. A, donated a parcel of land to the unborn child of H and W,
is the donation valid?
a. No, because
there is no donee yet
b. No, because
there is no one yet to accept the donation
c. Yes, provided
the child be born alive or to live for at least 24 hours under certain
conditions
d. No, because
the donee has no name yet to whom the land is to be transferred
102. Mr. J constructed a basketball court at the middle of the
street, may Mr. J be charged criminally
in court?
.
a. No. because
the remedy is only destruction or removal
b. No, because
the case is inlay civil in nature
c. Yes, provided
that the basketball court be declared first as a public nuisance
d. Yes, provided
that Mr. J did not pay any permit to the local government
103. Mr. X planted a mango tree at the edge of the boundary line
of his (X) land with Mr. B. After ten years branches of the mango tree
encroached the air space of B. Mr. X is the owner of the encroaching branches
because…
a. of the
principle “accessory follows the principal
b. the tree is
planted in his (X) land
c. in accordance
with the law of easement
d. All of the
above
e. None of the
above
104. Which among the properties of the states that could be the
subject of prescription in favor of a private person?
a. agricultural land
b. forest land
c. public road
d. seashore
105. Which among the churches listed below is owned by the Roman
Catholic Church?
a. Quiapo Church
b. San Agustin Church
constructed before 1898
c. Manila Cathedral
constructed before 1898
d. Vigan Church
106. Which among the group of things listed below could not be
considered as a property?
a. res nullius
b.
res communes
c.
res alicujus
d.
None of the above
107. Patrimonial Property of the State refers to
a. those no longer
intended for public use and public service
b. those no longer
intended for public good and public welfare
c. those actually
possessed, occupied or utilized by indigenous cultural minorities by themselves or through their ancestors
108. The document issued by the government agency concerned
stating that mineral resources project under consideration will not bring about
an unacceptable environmental impact and that the proponent has satisfied the
requirements of the environmental impact system is called
a. Environmental Compliance
Certificate (ECC)
b. Environmental Impact Statement
(EIS)
c. Joint Venture Agreement (JVA)
d. Mineral Resource EDUC
Certification
109.
Which of the following marriages is void for reasons of public policy?
a.
Between brothers and sisters,
whether of the full or half blood
b.
Between step-parents and step
children
c.
Between parents-in-law and
children-in-law
d.
B and C
e.
None of the above
110.
Which of the following is not included in the attributes of juridical capacity?
a.
Juridical Personality is inherent in every natural person, and therefore it is
not acquired.
b.
Juridical capacity is lost only through death
c.
Juridical capacity can be limited or restricted
d.
Juridical capacity cannot exist without capacity to act
e.
None of the above
111. The
following constitute the different circumstances or cases of fraud which will
serve as ground for the annulment of a marriage, except?
a.
Non-disclosure of the previous
conviction by final judgment of the other party of a crime involving moral turpitude
b.
Concealment of drug addiction of
a sexually-transmissible disease, regardless of its nature, existing at the
time of the marriage
c.
Concealment of drug addiction,
habitual alcoholism, homosexuality or lesbianism existing at the time of
marriage
d.
Concealment by the wife or the
husband of the fact of previous sexual relations prior to the marriage
e.
All of the above
112.
Which of the following is not a requisite for a valid donation propter nuptias?
a.
The donation must be made before
the celebration of the marriage
b.
The donation shall be
automatically revoked in case of non-celebration of the marriage
c.
The donation must be made in
consideration of the marriage
d.
The donation must be made in
favour of one or both of the future spouses
e.
None of the above
113.
Which of the following circumstances does not terminate the absolute community
of
property?
a.
Upon the death of either spouse
b.
Upon conviction of a crime
involving moral turpitude by either spouse
c.
When the marriage is annulled or
declared void.
d.
When there is a decree of legal
separation
e.
None of the above
114. The
general rule is that both husband and wife must jointly adopt except in the
following cases:
a.
When one spouse seeks to adopt
his own illegitimate child
b.
When one spouse seeks to adopt
his own legitimate child
c.
When one spouse seeks to adopt
the legitimate child of the other
d.
A and B
e.
A and C
115.
Which of the following is not a ground for extinguishment of parental
authority?
a.
Upon the death of the child
b.
Upon adoption of the child
c.
Upon appointment of a general
guardian
d.
All of the above
e.
None of the above
116.
Bruce was pronounced by his physician to be suffering from an incurable disease
and that he is going to die at anytime. Bruce was engaged to Margarita. In view
of the pronouncement of Bruce’s doctor, the two got married without a marriage
license. Six (6) months thereafter, Bruce died. The validity of their marriage
was attacked on the ground that the marriage was not a marriage in articulo
mortis. What is the status of the marriage between Bruce and Margarita.
a. Voidable
b. Valid
c. Valid
but subjects the party responsible to civil, criminal and administrative
liability
d. Unenforceable
e. Void
ab initio
117. Which of the following does not
characterized legal separation?
a.
The marriage is not defective
b.
The grounds arise only after the
marriage
c.
The spouses are still married to
each other and cannot, therefore remarry
d.
There are ten (10) grounds for
legal separation
e.
None of the above
118. The Civil Code of the Philippines
a.
August 30, 1951
b.
June 30, 1950
c.
August 30, 1950
d.
June 30, 1949
119. Charlie gave his diamond-encrusted watch worth Php 25,000.00
to his friend Danny as a birthday gift. Danny readily accepted the gift with
profuse gratitude. One month later, they had a serious quarrel; hence, Charlie
demanded the return of the watch from Danny. Danny refused to return the watch.
What is the nature of this donation?
(a) Valid, because there was intention to donate and delivery by
the donor Charlie.
(b) Valid, because there was acceptance and receipt of the donated
personal property by the donee Danny.
(c) Void, because the value of the thing donated exceeded Php
5,000.00 and the donation and acceptance were not in writing.
(d)
Void, because the value of the thing donated exceeded Php 5,000.000 and the
donation and acceptance were not in a public instrument.
120. In a residential subdivision
in San Pedro, Laguna, Marimar constructed and maintained a shoe factory which
emits pollution and very loud noise 24 hours a day.
How do you classify this
nuisance?
(a) Nuisance per se, because it
is always a nuisance, regardless of its location and surroundings.
(b) Nuisance per accidents,
because it is only a nuisance based on its location and circumstances.
(c) Nuisance per se, because it
affects the entire subdivision
(d) Nuisance per accidents,
because it affects and annoys the entire residential subdivision.
121. Amelia and Arsenio are
married. Amelia went to the U.S.
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
a.
Yes, because the testatrix signed
the will in the presence of 4 credible
witnesses and the credible witnesses signed the will in the presence of the
testatrix and of one another.
b.
Yes, because the testatrix signed
the will in the presence of 3 credible witnesses and the 3 credible witnesses
signed the will in the presence of the testatrix and of one another.
c.
No, because there were only two
credible witnesses who attested and signed the will in the presence of the
testatrix and of the one another.
d.
No, because the testatrix was not
124. In 1986, Jennifer and Brad were madly in love. In 1989,
because a certain Picasso painting reminded brad of her, Jennifer acquired it
and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad
was mending his broken hearth, he met Angie and fell in love. Because the
Picasso painting reminded Angie of him, Brad in his will bequeathed the
painting to Angie. Brad died 1995. Saddened by Brad’s death, Jennifer
asked for the Picasso painting as a
remembrance of him. Angie refused and claimed that Brad, in his will,
bequeathed the painting to her is Angie correct? Why or why not?
a.
Yes, because the painting was
owned by Brad
b.
Yes, because the painting was
given as legacy to her by Brad.
c.
No. because the real owner of the
painting was Jennifer.
d.
Yes, because the painting was
given to Brad as a gift by Jennifer.
125. For
purpose of this questions, assume all formalities and procedural requirements
have been complied with:
in 1970 Ramon and Dessa got married.
Prior to their marriage, Ramon had a child, Anna. In 1971 and 1972 Ramon and
Dessa legally adopted Cherry and Michelle respectively. In 1973, Dessa died
while giving birth to Larry. Anna had a child. Lia, Anna never married. Cherry,
on the other hand, legally adopted Shelly. Larry had twins, Hans and Gretel,
with his girlfriend, Fiona. In 2005, Anna, Larry, and Cherry dies. Who may
inherit from Ramon and who may not? Give your reason briefly.
a.
Lia shall inherit from Ramon
because the iron-barrier rule is not applicable his being illegitimate daughter
of Anna, the illegitimate daughter of Ramon.
b.
Hans and Gretel shall not inherit
from Ramon, the iron barrier rule applicable in this case. Hans and Gretel are
the legitimate son of Ramon.
c.
Michelle shall inherit from Ramon
being the legally adopted daughter of Ramon. She enjoys the same rights and
privilege just like a legitimate child, including successional rights
d.
Shelly shall not inherit being
the legally adopted daughter of Cherry, the legally adopted daughter of Ramon.
The relationship created by fiction of law extends only the adopter and adoptee
and does not extend anymore to parents of the adopter.
e.
All of the above
126. The following constitute fraud which is a ground for
annulment of marriage
a.
concealment of pregnancy of the
wife by a man other than the husband
b.
concealment of drug addiction,
habitual alcoholism, homosexuality or lesbianism existing at the time of
marriage
c.
concealment of physical
incapacity of consummating the marriage and such incapacity continues and
appears to be incurable
d.
letters a and b
e.
all of the above
127. A valid marriage licence secured prior to the marriage is a
formal requisite to make the marriage valid except;
a. marriage in
articulo mortis
b.
marriage between parties who have been cohabiting for at least 5 years without any legal impediment to marry each other
c. marriage before the
consul, consul-general or vice consul between Filipino citizens abroad
d. letters a and
b
e. all of the
above
128. The absolute community of properly terminates
a.
upon the death of either spouse
b.
when the mirage is annulled or
declared void
c.
upon separation of the spouses de
facto
d.
letters a and b
e.
all of the above
ANSWER KEY IN CIVIL LAW 1
1. C 67. C
2. C 68. B
3. C. 69. A
4. C 70. D
5. C 71. E
6. B 72. D
7. C 73. D
8. B 74. C
9. B 75. C
10. A 76. A
11. C 77. C
12. B 78. C
13. A 79. B
14. A 80. D
15. B 81. A
16. C 82. C
17. A 83. D
18. D 84. A
19. A 85. A
20. B 86. C
21. A 87. C
22. D 88. C
23. D 89. B
24. B 90. A
25. C 91. E
26. B 92. C
27. C 93. C
28. D 94. A
29. B 95. A
30. A 96. B
31. A 97. C
32. A 98. D
33. D 99. A
34. B 100. C
35. A 101. C
36. B 102. C
37. D 103. D
38. D 104. A
39. C 105. A
40. C 106. B
41. D 107. B
42. D 108. B
43. B 109. D
44. B 110. D
45. B 111. D
46. D 112. B
47. C 113. E
48. B 114. E
49. A 115. E
50. B 116. B
51. A 117. D
52. E 118. C
53. E 119. C
54. D 120. B
55. B 121. C
56. B 122. C
57. C 123. C
58. D 124. C
59. E 125. E
60. D 126. D
61. D 127. E
62. D 128. E
63. E
64. C
65. E
66. C
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