(1-30 only)
MULTIPLE CHOICE QUESTIONS (MCQs)
INSTRUCTIONS
The following questionnaire consists of one hundred (100)
MCQs numbered 1 up to 100 contained in TWENTY TWO (22) pages.
Answer each question on the MCQ Answer Sheet by shading completely the appropriate circle
corresponding to the letter you have
chosen. (Read the Marking Instructions on the Answer Sheet) Avoid erasures on the Answer Sheet. If you
need to make corrections, erase completely the answer you want to change.
Do not explain your answers in the MCQ portion of the exam.
You will not earn any credit for that.
Keep the Answer Sheet clean. Do not make unnecessary marks
on it. Do not fold, roll, scratch, crumple or tear it.
You may write on the questionnaire and use it as scratch
paper but make sure to transfer your answer to the Answer Sheet. Provide ample
time to transfer the answers if you choose to do this. Answer first the MCQs
completely before going to the essay-type questions.
HAND IN YOUR ANSWER SHEET. THERE IS NO NEED TO
RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
Chairpers n
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS TWENTY THREE
(23) PAGES (INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE Page 2 of231
1. Which of the following is NOT included in the attributes
of juridical capacity?
a) Juridical capacity is inherent in every natural person,
and therefore it is not acquired.
b) Juridical capacity is lost only through death.
c) Juridical. capacity is the fitness to be the subject of
legal
relations.
d) Juridical capacity cannot exist without capacity to act.
2. Which of the following is NOT a restriction on one's
capacity to act?
a) Minority
b) Marriage
c) Deaf-mute
d) Civil Interdiction
3. This attribute or incident of a case determines whether
it is a conflictof-laws case or one covered by domestic law.
a) Cause of action
b) Foreign element
c) Jurisdiction
d) Forum non conveniens
4. The capacity of an heir to succeed shall be governed by
the:
a) national law of the decedent's heirs
b) law of the where the decedent was a resident at
the time of his death
c) national law of the person who died
d) law of the country where the properties of the decedent
are located.
5. Atty. BUKO, a Filipino, executed a will while he was in
Spain. The
attestation clause of the said will does not contain Buko's
signature.
It is valid under Spanish law. At its probate in Manila, it
is being
opposed on the ground that the attestation clause does not
contain
BUKO's signature Is the opposition correct? Choose the best
answer ..
a) Yes, because it is a fatal defect.
b) Yes, the will is not valid under Philippine law.
c) No, attestation clause is not an act of the testator.
d) No, the governing law is Spanish law.
6. Ramon, a Filipino, executed a will in Manila, where he
left his house lcivil Law Page 3 of231
and lot located in BF Homes Paranaque in favor of his Filipino
son,
Ramgen. Ramon's other children RJ and Ramona, both Turkish
are disputing the bequest tb Ramgen. They plotted to kill
Ramgen. Ramon learned of the plot, so he tore his will in
two pieces
out of anger. Which statement is most accurate?
a) The mere act of Ramon Sr. is immaterial because the
will is still readable.
b) The mere act of tearing the will amounts 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.
7. Even if the applicable law is a foreign law, a court in
the Philippines
may be constrained to apply Philippine law under any of the
following instances, except:
a) when the foreign law, judgment or contract is contrary to
a sound and important public policy of the forum;
when the property subject of the case is located outside
of the Philippines;
c) when the foreign law or judgment is penal in nature;
d) when the foreign law is procedural in nature.
8. If a will is executed by a testator who was born a
Filipino citizen but
became a naturalized Japanese citizen at the time of his
death,
what law will govern its testamentary provisions if the will
is
executed in China and the property being disposed is located
in
Indonesia?
a) Chinese law
b) Philippine law
c) Indonesian law
d) Japanese law
9. A Japanese national and a Filipino national entered into
a contract for
services in Thailand. The services will be rendered in
Singapore. In
case of breach, what law will govern?
a) Thailand law
b) Philippine law
c) Singapore law
d) Japanese law
10. Pedro (Filipino) and his wife Jane (American) executed a
joint will in
Canada, where such joint will is valid. In case the joint
will is
probated in Japan, what law will govern the formalities of
the joint
will? I Civil Law Page 4 of 231
a) American law
b) Philippine law
c) Canadian law
d) Japanese law
11. A French national revokes his will in Japan where he is
domiciled. He
then changed his domicile to the Philippines where he died.
The
revocation of his will in Japan is valid under Japanese law
but invalid
under Philippine law. The affected heir is a Malaysian
national
residing in the Philippines. What law will apply?
a) Japanese law
b) Philippine law
c) French law
d) Malaysian law
12. In the absence of contrary stipulation in a marriage
settlement,
property relations of Filipino spouses shall be governed by
---
a) Philippine laws
b) Law of the place where the spouses reside
c) Law of the place where the properties are situated
d) Law of the place where they were married.
13. The will of a Filipino executed in a foreign country---
a) cannot be probated in the Philippines;
b) may be probated in the Philippines provided that
properties in the estate are located in the Philippines;
c) cannot be probated before the death of the testator;
d) may be probated in the Philippines provided it was
executed in accordance with the laws of the place where
the will was executed.
14. Pedro (Filipino) and Bill (American) entered into a
contract in
Australia, whereby it was agreed that Pedro will build a
commercial
building for Bill in the Philippines, and in payment for the
construction, Bill will transfer and convey his cattle ranch
located
in Japan in favor of Pedro. In case Pedro performs his
obligation, but
Bill fails or refuses to pay, what law will govern?
a) American law
b) Philippine law
c) Australian law
d) Japanese lcivil Law Page 5 of231
(Facts for item numbers
In 1989, Charice (Filipina) and Justine (American), were
married in
the Philippines. In 1990, they separated and Justine went to
Las
Vegas where he obtained a divorce in the same year. He then
married another Filipina, Lea, in Canada on January 1, 1992.
They
had two (2) sons, James and John (who were both born in
1992). In
1993, after failing to hear from Justine, Charice married
Bugay (a
Filipino), by whom she had a daughter, Regine. In 2009,
Regine
married James (son of Justine with Lea) in California, where
such
marriage is valid.
15. What is the current status of the marriage of Charice
and Justine
under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Dissolved
16. What is the status. of the marriage between Justine and
Lea under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
17. What is the status of the marriage between Charice and
Bugay under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
18. What is the status of the marriage between Regine and
James under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
19. Ricky and Princess were sweethearts. Princess became
pregnant.
Knowing that Ricky is preparing for the bar examinations,
Marforth, a
lawyer and cousin of Princess, threatened Ricky with the
filing of a
complaint for immorality in the Supreme Court, thus
preventing him lcivil Law Page 6 of23J
from taking the examinations unless he marries Princess. As
a
consequence of the threat, Ricky married Princess. Can the
marriage be annulled on the ground of intimidation under
Article 45 of
the Family Code? Choose the best answer.
a) Yes, because without the threat, Ricky would not have
married Princess.
b) Yes, because the threat to enforce the claim of
Princess vitiates the consent of Ricky in contracting
the marriage.
c) No, because the threat made by Marforth is just and
legal.
d) No, because. Marforth is not a party to the contract of
marriage between Princess and Ricky.
20. Audrey, single, bought a parcel of land in Malolos City
from Franco for
P1 Million. A contract was executed between them which
already
vested upon Audrey full ownership of the property, although
payable
in monthly installments for a period of four (4) years. One
(1) year
after the execution of the contract, Audrey got married to
Arnel. They
executed a marriage settlement whereby they agreed that
their
properties shall be governed by the regime of conjugal
partnership of
gains. Thereafter, subsequent installments were paid from
the
conjugal funds. Is the land conjugal or paraphernal?
a) The land is conjugal because the installments were paid
from the conjugal partnership funds.
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
Audrey and the conjugal partnership funds.
d) The land is paraphernal because it was Audrey who
purchased the same.
21. Ernesto donated a mobile phone worth P32,000 to Hubert
orally and
delivered the unit to Hubert who accepted. Which statement
is most
accurate?
a) The donation is void and Ernesto may get the mobile
phone back.
b) The donation is void but Ernesto cannot get the mobile
phone back.
c) The donation is voidable and may be anulled.
d) The donation is valid.
22. Agay, a Filipino citizen and Topacio, an Australian
citizen, got married
in the consular office of the Philippines in Australia.
According to the I civil Law Page 7 of231
laws of Australia, a marriage solemnized by a consular
official is valid,
provided that such marriage is celebrated in accordance with
the laws
of such consular official. Under Philippine law, what is the
status of
the marriage of Agay and Topacio? Choose the best answer.
a) Void, because the consular official only has authority to
solemnize marriages between Filipinos.
b) Valid, because according to the laws of Australia, such
consular official has authority to celebrate the marriage.
c) Voidable, because there is an irregularity in the
authority
of the consular official to solemnize marriages.
d) Valid, because such marriage is recognized as valid in
the place where it was celebrated.
23. 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 g1ven ground for legal
separation.
c) upon order of the court.
d) if one spouse has abandoned the other.
24. 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) they were living apart.
d) he is physically incapable of sexual intercourse.
25. A marriage is void if:
a) solemnized with a marriage license issued without
complying with the required 1 0-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) none of the above
26. In legal separation, which is not correct?
a) The aggrieved spouse may file. the action within five (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. lcivil Law Page 8 of231
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.
27. A husband by chance discovered hidden treasure 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
28. 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) band c
29. The following constitute the different circumstances or
cases of fraud
w.hich 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 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
marnage.
d) Concealment by the wife or the husband of the fact of
sexual relations prior to the marriage.
30. 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 I Civil
Law Page 9 of 231
marriage.
d) The donation must be made in favour of one or both of
the future spouses.