31. May a spouse freely donate communal or conjugal property
without the
consent of the other?
A. Absolutely not, since the spouses co-own such property.
B. Yes, for properties that the family may spare, regardless
of value.
C. Yes, provided the donation is moderate and intended for
charity or family
rejoicing.
D. Yes, in a donation mortis causa that the donor may still
revoke in his lifetime.
32. The decedent died intestate leaving an estate of P10
million. He left the
following heirs: a) Marlon, a legitimate child and b)
Cecilia, the legal spouse.
Divide the estate.
A. Marlon gets 1/4 and Cecilia gets 3/4.
B. Marlon gets 2/3 and Cecilia 1/3.
C. Marlon gets 1/2 and Cecilia gets 1/2.
D. Marlon gets 3/4 and Cecilia 1/4.
33. Contracts take effect only between the parties or their
assigns and heirs,
except where the rights and obligations arising from the contract
are not
transmissible by their nature, by stipulation, or by
provision of law. In the latter
case, the assigns or the heirs are not bound by the
contracts. This is known as
the principle of
A. Relativity of contracts.
B. Freedom to stipulate.
C. Mutuality of contracts.
D. Obligatory force of contracts.
34. A buyer ordered 5,000 apples from the seller at P20 per
apple. The seller
delivered 6,000 apples. What are the rights and obligations
of the buyer?
A. He can accept all 6,000 apples and pay the seller at P20
per apple.
B. He can accept all 6,000 apples and pay a lesser price for
the 1,000 excess
apples.
C. He can keep the 6,000 apples without paying for the 1,000
excess since the
seller delivered them anyway.
D. He can cancel the whole transaction since the seller
violated the terms of their
agreement.
Page 7 of 22Bar Examination Questionnaire for Civil Law
Set A
35. Lino entered into a contract to sell with Ramon,
undertaking to convey to the
latter one of the five lots he owns, without specifying
which lot it was, for the price
of P1 million. Later, the parties could not agree which of
five lots he owned Lino
undertook to sell to Ramon. What is the standing of the
contract?
A. Unenforceable.
B. Voidable.
C. Rescissible.
D. Void.
36. Knowing that the car had a hidden crack in the engine, X
sold it to Y without
informing the latter about it. In any event, the deed of
sale expressly stipulated
that X was not liable for hidden defects. Does Y have the
right to demand from X
a reimbursement of what he spent to repair the engine plus
damages?
A. Yes. X is liable whether or not he was aware of the
hidden defect.
B. Yes, since the defect was not hidden; X knew of it but he
acted in bad faith in
not disclosing the fact to Y.
C. No, because Y is in estoppel, having changed engine
without prior demand.
D. No, because Y waived the warranty against hidden defects.
37. Acme Cannery produced sardines in cans known as “Sards.”
Mylene bought
a can of Sards from a store, ate it, and suffered from
poisoning caused by a
noxious substance found in the sardines. Mylene filed a case
for damages
against Acme. Which of the following defenses will hold?
A. The expiry date of the “Sards” was clearly printed on its
can, still the store sold
and Mylene bought it.
B. Mylene must have detected the noxious substance in the
sardines by smell,
yet she still ate it.
C. Acme had no transaction with Mylene; she bought the
“Sards” from a store,
not directly from Acme.
D. Acme enjoys the presumption of safeness of its canning
procedure and
Mylene has not overcome such presumption.
38. Fernando executed a will, prohibiting his wife Marina
from remarrying after
his death, at the pain of the legacy of P100 Million in her
favor becoming a nullity.
But a year after Fernando’s death, Marina was so overwhelmed
with love that
she married another man. Is she entitled to the legacy, the
amount of which is
well within the capacity of the disposable free portion of
Fernando’s estate?
A. Yes, since the prohibition against remarrying is
absolute, it is deemed not
written.
B. Yes, because the prohibition is inhuman and oppressive
and violates Marina’s
rights as a free woman.
C. No, because the nullity of the prohibition also nullifies
the legacy.
D. No, since such prohibition is authorized by law and is
not repressive; she
could remarry but must give up the money.
39. X, the owner, constituted a 10-year usufruct on his land
as well as on the
building standing on it in Y’s favor. After flood totally
destroyed the building 5
Page 8 of 22Bar Examination Questionnaire for Civil Law
Set A
years later, X told Y that an act of God terminated the
usufruct and that he should
vacate the land. Is X, the owner of the land, correct?
A. No, since the building was destroyed through no fault of
Y.
B. No, since Y still has the right to use the land and the
materials left on it.
C. Yes, since Y cannot use the land without the building.
D. Yes, since the destruction of the building without the
X’s fault terminated the
usufruct.
40. In gratitude, the groom’s parents made a donation of a
property in writing to
the bride’s parents shortly before their children’s wedding.
The donation was
accepted. What is the nature of the donation?
A. It is an ordinary donation since it was not given to the
bride or groom.
B. It is donation propter nuptias since it was given with
the marriage in mind.
C. It is an indirect donation propter nuptias since the
bride would eventually
inherit the property from her parents.
D. It is a remunatory donation.
41. X and Y, both Filipinos, were married and resided in
Spain although they
intend to return to the Philippines at some future time.
They have not executed
any marriage settlements. What law governs their property
relations?
A. They may choose between Spanish law and Philippine law.
B. Philippine law since they are both Filipinos.
C. No regime of property relations will apply to them.
D. Spanish law since they live in Spain.
42. Birth determines personality. Death extinguishes it.
Under what
circumstances may the personality of a deceased person
continue to exist?
A. In case of re-appearance of a missing person presumed
dead.
B. In protecting the works of a deceased under intellectual
property laws.
C. In case of declaration of presumptive death of a missing
spouse.
D. In the settlement of the estate of a deceased person.
43. Six tenants sued X, the landowner, for willfully denying
them water for their
farms, which water happened to flow from land under X’s
control, his intention
being to force them to leave his properties. Is X liable for
his act and why?
A. No, because the tenants must be content with waiting for
rainfall for their
farms.
B. No, since X owns both the land and the water.
C. Yes, because the tenants’ farms have the natural right of
access to water
wherever it is located.
D. Yes, since X willfully caused injury to his tenants
contrary to morals, good
customs or public policy.
44. Illegitimate brothers and sisters, whether of full or
half-blood, are bound to
support each other, EXCEPT when
A. the brother or sister who needs support lives in another
place.
Page 9 of 22Bar Examination Questionnaire for Civil Law
Set A
B. such brothers and sisters are not recognized by their
father.
C. the brother or sister in need stops schooling without
valid reason.
D. the need for support of a brother or sister, already of
age, is due to the latter's
fault.
old child, surreptitiously entered the garden and merrily
romped around the
ledges of the pool. He accidentally tripped, fell into the
pool, and drowned. MB’s
parents sued Virgilio for damages arising from their child’s
death, premised on
the principle of “attractive nuisance”. Is Virgilio liable
for the death of MB?
A. No, the child was 7 years old and knew the dangers that
the pool offered.
B. Yes, being an attractive nuisance, Virgilio had the duty
to prevent children from
coming near it.
C. No, since the pool was bare and had no enticing or
alluring gadgets, floats, or
devices in it that would attract a 7-year old child.
D. Yes, since Virgilio did not cover the swimming pool while
not in use to prevent
children from falling into it.
46. The term of a 5-year lease contract between X the lessor
and Y the lessee,
where rents were paid from month to month, came to an end.
Still, Y continued
using the property with X’s consent. In such a case, it is
understood that they
impliedly renewed the lease
A. from month to month under the same conditions as to the
rest.
B. under the same terms and conditions as before.
C. under the same terms except the rent which they or the
court must fix.
D. for only a year, with the rent raised by 10% pursuant to
the rental control law.
47. Rex, a philanthropist, donated a valuable lot to the
municipality on the
condition that it will build a public school on such lot
within 2 years from its
acceptance of the donation. The municipality properly
accepted the donation but
did not yet build the public school after 2 years. Can Rex
revoke the donation?
A. Yes, since the donation is subject to a resolutory
condition which was not
fulfilled.
B. No, but Rex is entitled to recover the value of the land
from the municipality.
C. No, the transfer of ownership has been completed.
D. Yes, the donation is not deemed made until the suspensive
condition has
been fulfilled.
48. Illegitimate children, those not recognized by their
biological fathers, shall use
the surname of their
A. biological father subject to no condition.
B. mother or biological father, at the mother’s discretion.
C. mother.
D. biological father unless he judicially opposes it.
49. Asiong borrowed P1 million from a bank, secured by a
mortgage on his land.
Without his consent, his friend Boyong paid the whole loan.
Since Asiong
benefited from the payment, can Boyong compel the bank to
subrogate him in its
Page 10 of 22Bar Examination Questionnaire for Civil Law
Set A
right as mortgagee of Asiong's land?
A. No, but the bank can foreclose and pay Boyong back.
B. No, since Boyong paid for Asiong’s loan without his
approval.
C. Yes, since a change of creditor took place by novation
with the bank’s
consent.
D. Yes, since it is but right that Boyong be able to get
back his money and, if not,
to foreclose the mortgage in the manner of the bank.
50. Congress passed a law imposing taxes on income earned
out of a particular
activity that was not previously taxed. The law, however,
taxed incomes already
earned within the fiscal year when the law took effect. Is
the law valid?
A. No, because laws are intended to be prospective, not
retroactive.
B. No, the law is arbitrary in that it taxes income that has
already been spent.
C. Yes, since tax laws are the lifeblood of the nation.
D. Yes, tax laws are an exception; they can be given
retroactive effect.
51. Rudolf borrowed P1 million from Rodrigo and Fernando who
acted as
solidary creditors. When the loan matured, Rodrigo wrote a
letter to Rudolf,
demanding payment of the loan directly to him. Before Rudolf
could comply,
Fernando went to see him personally to collect and he paid
him. Did Rudolf
make a valid payment?
A. No, since Rudolf should have split the payment between
Rodrigo and
Fernando.
B. No, since Rodrigo, the other solidary creditor, already
made a prior demand
for payment from Rudolf.
C. Yes, since the payment covers the whole obligation.
D. Yes, since Fernando was a solidary creditor, payment to
him extinguished the
obligation.
52. What happens to the property regimes that were
subsisting under the New
Civil Code when the Family Code took effect?
A. The original property regimes are immutable and remain
effective.
B. Those enjoying specific regimes under the New Civil Code
may adopt the
regime of absolute community of property under the Family
Code.
C. Those that married under the New Civil Code but did not
choose any of its
regimes shall now be governed by the regime of absolute
community of property.
D. They are superseded by the Family Code which has
retroactive effect.
53. The testator executed a will following the formalities
required by the law on
succession without designating any heir. The only
testamentary disposition in
the will is the recognition of the testator's illegitimate
child with a popular actress.
Is the will valid?
A. Yes, since in recognizing his illegitimate child, the
testator has made him his
heir.
B. No, because the non-designation of heirs defeats the
purpose of a will.
C. No, the will comes to life only when the proper heirs are
instituted.
D. Yes, the recognition of an illegitimate heir is an ample
reason for a will.
Page 11 of 22Bar Examination Questionnaire for Civil Law
Set A
54. A left B, his wife, in the Philippines to work in Egypt
but died in that country
after a year’s continuous stay. Two months after A’s death,
B gave birth to a
child, claiming it is A’s child. Who can assail the
legitimacy of the child?
A. A’s other heirs apart from B.
B. The State which has interest in the welfare of overseas
contract workers.
C. Any one who is outraged by B’s claim.
D. No one since A died.
55. QR and TS who had a marriage license requested a newly
appointed Judge
in Manila to marry them on the beach of Boracay. Since the
Judge maintained
Boracay as his residence, he agreed. The sponsors were all
public officials.
What is the status of the marriage.
A. Valid, since the improper venue is merely an
irregularity; all the elements of a
valid marriage are present.
B. Void, because the couple did not get local permit for a
beach wedding.
C. Voidable, because the Judge acted beyond his territorial
jurisdiction and is
administratively liable for the same.
D. Void, because the Judge did not solemnize the marriage
within the premises
of his court.
56. X and Y, Filipinos, got married in Los Angeles, USA,
using a marriage license
issued by the Philippine consul in Los Angeles, acting as
Civil Registrar. X and Y
did not know that they were first cousins because their
mothers, who were
sisters, were separated when they were quite young. Since X
did not want to
continue with the relation when he heard of it, he left Y,
came to the Philippines
and married Z. Can X be held liable for bigamy?
A. No since X’s marriage to Y is void ab initio or did not
exist.
B. No since X acted in good faith, conscious that public
policy did not approve of
marriage between first cousins.
C. Yes since he married Z without first securing a judicial
declaration of nullity of
his marriage to Y.
D. Yes since his first marriage to Y in Los Angeles is
valid.
57. Allan bought Billy’s property through Carlos, an agent
empowered with a
special power of attorney (SPA) to sell the same. When Allan
was ready to pay
as scheduled, Billy called, directing Allan to pay directly
to him. On learning of
this, Carlos, Billy's agent, told Allan to pay through him
as his SPA provided and
to protect his commission. Faced with two claimants, Allan
consigned the
payment in court. Billy protested, contending that the
consignation is ineffective
since no tender of payment was made to him. Is he correct?
A. No, since consignation without tender of payment is
allowed in the face of the
conflicting claims on the plaintiff.
B. Yes, as owner of the property sold, Billy can demand
payment directly to
himself.
C. Yes, since Allan made no announcement of the tender.
D. Yes, a tender of payment is required for a valid
consignation.
Page 12 of 22Bar Examination Questionnaire for Civil Law
Set A
58. X sold Y 100 sacks of rice that Y was to pick up from
X’s rice mill on a
particular date. Y did not, however, appear on the agreed
date to take delivery of
the rice. After one week, X automatically rescinded the sale
without notarial
notice to Y. Is the rescission valid?
A. Yes, automatic rescission is allowed since, having the
character of movables
and consumables, rice can easily deteriorate.
B. No, the buyer is entitled to a customary 30-day extension
of his obligation to
take delivery of the goods.
C. No, since there was no express agreement regarding
automatic rescission.
D. No, the seller should first determine that Y was not
justified in failing to appear.
59. The wife filed a case of legal separation against her
husband on the ground
of sexual infidelity without previously exerting earnest
efforts to come to a
compromise with him. The judge dismissed the case for having
been filed
without complying with a condition precedent. Is the
dismissal proper?
A. No, efforts at a compromise will only deepen the wife’s
anguish.
B. No, since legal separation like validity of marriage is
not subject to
compromise agreement for purposes of filing.
C. Yes, to avoid a family feud that is hurtful to everyone.
D. Yes, since the dispute could have been settled with the
parties agreeing to
legal separation.
60. An Australian living in the Philippines acquired shares
of stock worth P10
million in food manufacturing companies. He died in Manila,
leaving a legal wife
and a child in Australia and a live-in partner with whom he
had two children in
Manila. He also left a will, done according to Philippine
laws, leaving all his
properties to his live-in partner and their children. What
law will govern the
validity of the disposition in the will?
A. Australia law since his legal wife and legitimate child
are Australians and
domiciled in Australia.
B. Australian law since the intrinsic validity of the
provisions of a will is governed
by the decedent’s national law.
C. Philippine law since the decedent died in Manila and he
executed his will
according to such law.
D. Philippine law since the decedent’s properties are in the
Philippines.