(31-60)
31. Who are illegitimate children?
a) Children conceived or born outside a valid marriage.
b) Children born under a valid marriage, which was later
declared void because of the psychological incapacity
of either or both of the spouses.
c) Children conceived and born outside a valid marriage.
d) Children born under a valid marriage, but the parents
later obtained a legal separation.
32. An illegitimate child may use the surname of his father
when his
filiation is established in any of the following instances,
except:
a)
b)
c)
d)
Filiation has been recognized by the father through the
record of birth appearing in the civil register
Admission of.filiation by the father in a public document.
Private handwritten instrument is made by the father
acknowledging his filiation.
Affidavit by the mother stating the name of his true father.
33. Under RA 8043, an adopter is required to be at least _
years old
and _ years older than the child to be adopted at the time
of the
application unless the adopter is the parent by nature of
the child.
a) 30 and 15
b) 27 and 16
c) 50 and 10
d) 18 and 15
34. Under RA 8043, a child qualified to be adopted is any
person below
_years old.
a) 18
b) 21
c) 15
d) 16
35. Which of the following DOES NOT result in permanent
termination of
parental authority?
a) Death of the parents.
b) Death of the child.
c) Emancipation of the child. I Civil Law Page 10 of 231
d) Conviction of the parents of a crime which carries with
it
the penalty of civil interdiction.
36. The court, in an action filed for the purpose, may
suspend parental
authority if the parent or the person exercising parental
authority
commits any of the following acts, except:
a) Treats the child with excessive harshness or cruelty.
b) Gives the child corrupting orders., counsel or example.
c) Compels the child to take up a course in college against
his/her will.
d) Subjects the child or allows him to be subjected to acts
of
lasciviousness.
37. Which of the following statements is wrong?
a) The possessor in bad faith shall reimburse the fruits
received and those which the legitimate possessor could
have received.
b) The possessor in bad faith has a right of reimbursement
for necessary expenses and those for the production,
gathering and preservation of the fruits.
c) The possessor in bad faith is not entitled to a refund of
ornamental expenses.
d) The possessor in bad faith is entitled to a refund of
useful
expenses.
38. Which phrase mo.st accurately completes the statement -
The
expenses incurred in improvements for pure luxury or mere
pleasure shall not be refunded to the possessor in bad
faith:
a) but he may remove the objects for which such expenses
have been incurred, provided that the thing suffers no
injury thereby, and that the lawful possessor does not
prefer to retain them.
b) and he may not remove the objects for which such
expenses have been incurred.
c) and he may not remove the objects for which such
have been incurred, unless he pays the value
they may have at the time he entered into possession.
d) but he may remove the objects for which such expenses
have been incurred.
39. The following are the limitations on the right of
ownership imposed by
the owner himself, except:
a) Will/Succession
b) Mortgage I civil Law Page 11 of 231
c) Pledge
d} Lease
40. A plenary action for the recovery of the possession of
real estate,
upon mere allegation and proof of a better right thereto,
and without
allegation of proof of title. This action can only be
brought after the
expiration of one ( 1) year. What action is being referred
to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdicta!
d) Quieting of Title
41. Action to recover real property based on ownership.
Here, the object
is the recovery of the dominion over the property as owner.
What
action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdicta!
d) Quieting of Title
42. A summary action to recover physical or material
possession only
and must be brought within one ( 1) year from the time the
cause of
action arises. What action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdicta!
d) Quieting of Title
43. The following things are property of public dominion,
except:
a) ports and bridges constructed by the State.
b) vehicles and weapons of the Armed Forces of the
Philippines.
c) rivers.
d) lands reclaimed by the state from the sea.
44. Which of the following statements is wrong?
a) Patrimonial property of the state, when no longer
intended for public use or for public service, shall become
property of public dominion.
b) All property of the State, which is not of public
dominion,
is patrimonial property.
c) The property of provinces, cities and municipalities is
-···-·-_I ·-·-----....-1... __ L-- ··-- __ ---' .. =---=-· I
Civil Law Page 12 of 231
property.
d) Property is either of public dominion or of private
ownership.
45. The following cannot ask for the reduction of
inofficious donation,
except:
a) Creditors of the deceased
b) Devisees or legatees
c) Compulsory heirs of the donor
d) The surviving spouse of the donee.
46. Donation is perfected from the moment ---
a) the donee accepts the donation.
b) the donor executes the deed of donation.
c) the donor knows of the donee's acceptance even if the
latter has not received the copy of the deed of donation.
d) the donee confirms that the donor has learned the
former's acceptance.
47. The following are the elements of an obligation, except:
a) Juridical/Legal Tie
b) Active subject
c) Passive subject
d) Consideration
48. It is a conduct that may consist of giving, doing, or
not doing
something.
a) Obligation
b) Juridical necessity
c) Prestation
d) Contract
49. It is a juridical relation arising from lawful,
voluntary and unilateral
acts based on the principle that no one should unjustly
enrich himself
at the of another.
a) Quasi-contract
b) Quasi-delict
c) Contract
d) Delict
50. The following are the elements of quasi-delict, except:
a) Act or omission lcivil Law Page 13 of231
b) F au It/negligence
c) Damage/injury
d) Pre-existing contract
51. A debtor is liable for damages in case of delay if he is
guilty of any of
the following, except:
a) default (mora)
b) mistake
c) negligence (culpa)
d) breach through contravention of the tenor thereof
52. This term refers to a delay on the part of both the
debtor and creditor
in reciprocal obligations.
a) Mora accipiendi
b) Mora sol vendi
c} Compensation morae
d) Solution indibiti
53. The following are the requisites of mora solvendi,
except:
a) Obligation pertains to the debtor and is determinate,
due,
demandable, and liquidated.
b) Obligation was performed on its maturity date.
c) There is judicial or extrajudicial demand by the
creditor.
d) Failure of the debtor to comply with such demand.
54. It is an intentional evasion of the faithful performance
of the
obligation.
a) Negligence
b) Fraud
c) Delay
d) Mistake
55. The following are the requisites of fortuitous event,
except:
a) Cause is independent of the will of the debtor.
b) The event is unforeseeable/unavoidable.
c) Occurrence renders it absolutely impossible for the
debtor to fulfill his obligation in a normal manner;
impossibility must be absolute not partial, otherwise not
force majeure.
d) Debtor contributed to the aggravation of the injury to
the
creditor.
t;R A riPht()r m:::1v hP. hP.Id liable for ·loss or damaaes
even if it was (£ivil Law Page 14 of23l
caused by a fortuitous event 1n any of the following
instances,
except:
a) The debtor is guilty of dolo, malice or bad faith, has
promised the same thing to two or more persons who do
not have· the same interest
b) The debtor contributed to the loss.
c) The thing to be delivered is generic.
d) The creditor is guilty of fraud, negligence or delay or
if he
contravened the tenor of the obligation.
57. Buko, Fermin and Toti bound themselves solidarily to pay
Ayee the
amount of P5,000.00. Suppose Buko paid the obligation, what
is his
right as against his co-debtors?
a) Buko can ask for reimbursement from Fermin and Toti.
b) Buko can sue Fermin and Toti for damages.
c) Buko can sue for rescission ..
d) Buko can claim a refund from Ayee.
58. Buko, Fermin and Toti bound themselves solidarily to pay
Ayee the
sum o'f P10.000.00. When the obligation became due and
demandable, Ayee sued Buko for the payment of the
P10,000.00.
Buko moved to dismiss on the ground that there was failure
to
implead Fermin and Toti who are indispensable parties. Will
the
motion to dismiss prosper? Why?
a) Yes, becaus·e Fermin and Toti should have been
impleaded as their obligation is solidary.
b) No, because the creditor may proceed against any one of
the solidary debtors or some or all of them
simultaneously.
c) No, because a motion to dismiss is a prohibited pleading.
d) Yes, because Fermin and Toti should also pay their share
of the obligation.
Buko, Fermin and Toti are solidary debtors of Ayee. Twelve
(12) years
after the obligation became due and demandable, Buko paid
Ayee
and later on asked for reimbursement of Fermin's and Toti's
shares.
Is Buko correct? Why?
a) No, because the obligation has already prescribed.
b) Yes, because the obligation is solidary.
c) No, because .in solidary obligation any one of the
solidary
debtor·s can pay the entire debt.
d) Yes, because Fermin and Toti will be unduly enriched at
the expense of Buko. lcivil Law Page 15 of231
60. Buko, Fermin and Toti are solidary debtors under a loan
obligation of
P300,000.00 which has fallen due. The creditor has, however,
condoned Fermin's entire share in the debt. Since Toti has
become
insolvent, the creditor makes a demand on Buko to pay the
debt.
How much, if any, may Buko be compelled to pay?
a) f2200,000.00
b) P300.000.00
c) P100,000.00
d) f2150,000.00