Civil Law
(Persons and Family Relations)
1. The
Civil Code of the Philippines is:
a.
Republic Act no. 386
b.
Republic Act no. 368
c.
Republic Act no. 366
d.
Republic Act no. 398
2. The
Civil Code of the Philippines took effect on:
a.
August 29, 1950
b.
August 30, 1950
c.
September 30, 1950
d.
September 25, 1950
3. It
is a collection of laws which regulates the private relations of the members of
civil society, determining their respective rights and obligations, with
reference to persons, things, and civil rights.
a.
Law
b.
Civil Code
c.
Civil Law
d.
Family Code
4. The
mass of precepts which determines and regulates those relations of assistance,
authority and obedience existing among members of a family as well as among
members of the society for the protection of private interests.
a.
Family Code
b.
Family relations
c.
Civil Code
d.
Civil Law
5. Laws
shall take effect after fifteen days following the completion of their
publication:
a.
In the official gazette
b.
In a news paper of general circulation
c.
Both a and b
d.
Either a or b
6. After
a storm causing destruction in four Central Luzon provinces, the legislative
branch enacted a special law appropriating 1 billion for purposes of
rehabilitation for the provinces. In view of the urgent nature of the
legislative enactment, it is provided in its effectivity clause that it shall take
effect upon approval and after completion of the publication in the official
gazette and a newspaper of general circulation. The law was passed by Congress
on July 1, 1990, signed into law by the President on July 3, 1990, and
published in such newspaper on July 7, 1990 and in the official gazette on July
10, 1990.
As to the publication of the
said legislative enactment, is there sufficient observance or compliance with
the requirements for a valid publication?
a.
Yes, there is a sufficient compliance because
the law itself prescribes the requisites for its effectivity
b.
Yes, there is sufficient compliance because the
law is considered effective upon its approval
c.
No, there is no sufficient compliance because
the date of publication in the official gazette and newspaper must be the same
d.
No, there is no sufficient compliance because it
must undergo public hearing
7. When
did the law took effect?
a.
It was effective on July 1, 1990 upon
promulgation by the congress
b.
It was effective on July 3, 1990 upon approval
by the president
c.
It was effective on July 7, 1990 upon
publication in the newspaper
d.
It was effective on July 10, 1990 upon
publication in the official gazette
8. Can
the executive branch start releasing the funds appropriated by the said law the
day following its approval?
a.
Yes, since the law was effective upon approval
of the President
b.
Yes, since it is an urgent need for the
rehabilitation of the provinces
c.
No, since the other requisites for its
effectivity were not yet complete
d.
No, since the law was not certified as urgent
9. The
following are the exceptions to the rule that laws shall have no retroactive
effect, except:
a.
When the law is penal insofar as it favors the
accused who is not a habitual criminal
b.
When the law is procedural
c.
When the law does not create substantive rights
d.
When the law is interpretative of other laws
10. It
is the fitness subject of legal relations
a.
Juridical capacity
b.
Legal capacity
c.
Juridical personality
d.
Legal personality
11. Personality is determined by
a.
Birth
b.
Death
c.
The time
of conception
d.
Attainment of the age of majority
12. What
is the rule if the fetus has an intra-uterine life of less than seven months?
a.
It is considered born if it is alive at the time
of its complete delivery
b.
It is deemed born if it dies within twenty-four
hours after its complete delivery
c.
It is not deemed born if it dies within
twenty-four hours after its complete delivery
d.
It is considered born for all purposes
favourable to it
13. Civil
personality is extinguished by
a.
Insanity
b.
Civil interdiction
c.
Death
d.
All of the above
14. The
effect of death upon the rights and obligations of the deceased is determined
by
a.
Law
b.
Contract
c.
Will
d.
All of the above
15. The
Family code of the Philippines is
a.
Executive Order no. 209
b.
Republic Act no. 290
c.
Executive Order no. 116
d.
Republic Act no. 161
16. The
absence of any of the essential and formal requisites of marriage shall render
it
a.
Void with respect to the essential and voidable
with respect to the formal
b.
Voidable with respect to the essential and void with respect to the
formal
c.
Both voidable
d.
Both void
17. Except
in marriages where no license is required, it shall be issued by the local
civil register of the city or municipality,
a.
Where both parties habitually resides
b.
Where either parties resides
c.
Where the male resides
d.
Where the female resides
18. Marriages
between Filipino citizens abroad may be solemnized by
a.
Ambassador
b.
Charge de affairs
c.
Vice-consul
d.
None of the above
19. No
license shall be necessary for a marriage of a man and a woman who have lived
together as husband and wife for
a.
Not more than five years
b.
At least five years
c.
Not more than eight years
d.
Al least eight years
20. What
marriage is void from the beginning, among the choices
a.
The consent of either party was obtained by
force, intimidation or undue influence
b.
The consent of either party is obtained by fraud
c.
Mistake of one contracting party as to the
identity of the other
d.
Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man other than the husband
21. What
constitutes fraud as a ground for annulment of marriage?
a.
Concealment of previous marital status
b.
Non-disclosure of a previous conviction by final
judgment of a crime involving moral turpitude
c.
Concealment of physical incapacity to consummate
the marriage
d.
Misrepresentation or deceit as to character,
fortune or chastity
22. A
petition for legal separation may be filed on the ground of
a.
Psychological incapacity
b.
Impotency
c.
Non-attainment of legal age at the time of
marriage
d.
Sexual infidelity
23. An
action for legal separation shall be filed
a.
Within five years from marriage
b.
Within five years from the time of the occurrence
of the cause
c.
Within five years after the cooling off period
d.
After five years from the time of marriage
24. A
decree of legal separation shall be based on
a.
Stipulation of facts
b.
Confession of judgment
c.
Presentation of evidence
d.
Allegations on the complaint
25. The
property relations between the husband and wife shall be governed by
a.
By marriage settlement
b.
By provisions of the Family code
c.
By the local customs
d.
All of the above
26. What
is the rule, if the future spouses agree upon a regime other than the absolute
community regime ?
a.
They can donate to each other more than
one-fifth of their present property
b.
They cannot donate to each other more than
one-fifth of their present property
c.
They can donate each other in their marriage
settlements more than one-fifth of their present property
d.
They cannot donate each other in their marriage
settlements more than one-fifth of their present property
27. The
absolute community of property between the spouses shall commence
a.
One year from the celebration of marriage
b.
Two years from the celebration of marriage
c.
Three years from the celebration of marriage
d.
None of the above
28. The
following shall be excluded from the community property, except
a.
Property acquired during the marriage by
gratuitous title
b.
Property for personal and exclusive use of either
spouses
c.
Property acquired after the marriage, where such
property is encumbered
d.
Property acquired by either spouse who has
legitimate descendants
29. When
shall the absolute community terminate?
a.
Upon extrajudicial order
b.
Upon agreement of the parties after marriage
c.
Upon insolvency of either parties
d.
Upon the decree of legal separation
30. W,
during her marriage to H, transferred the administration of her paraphernal
property to the latter. Can W alienate said paraphernal property?
a.
No, the alienation of the property must be with
the consent of H
b.
No, the property cannot be alienated because it
already belongs to the conjugal property
c.
Yes, the property may be alienated because the
agreement was null and void
d.
Yes, the property may be alienated because W
still retains ownership over the property
31. A
donation propter nuptias of a parcel
of land was given by X to Y. They were subsequently married but the marriage
was annulled on the complaint of Y upon her discovery that X has been
previously married. X now files a suit for revocation. Will the suit prosper?
a.
The suit will prosper since the marriage is now
annulled
b.
The suit will prosper one of the party is in bad
faith
c.
The suit will not prosper because Y was in good
faith
d.
The suit will not prosper because it is part of
their conjugal property
32. H
and W are husband and wife. Without any justifiable cause, W abandoned the
conjugal home. Can H ask a competent court to order W to return to the conjugal
home?
a.
Yes, because it is the obligation of the husband
and wife to live together
b.
Yes, because it is within the competence of the
court to order W’s return
c.
No, because specific performance is not a remedy
to personal obligation
d.
No, because W already abandoned their home.
33. In
a marriage in a remote place,
a.
Public solemnization is not needed
b.
It must be made in accordance with their customs
c.
There is no need for a solemnizing officer
d.
A marriage license is required
34. Nemu cum alterius detriment protest
means
a.
No man ought to be made rich out of another’s
injury
b.
No person should unjustly enrich himself at the
expense of another
c.
The indemnity cannot exceed the loss or
enrichment, whichever is less
d.
In case of doubt, the doubt must be in favour of the underdog
35. Ignorance
of foreign law is
a.
Ignorance of the
law but not ignorance of the fact
b.
Not ignorance of the fact but ignorance of the
law
c.
Not ignorance of the law but ignorance of the
fact
d.
Ignorance of the fact but and ignorance of the
law
36. The
following are instances when the law grants an independent civil action,
except:
a.
Breach of constitutional rights
b.
Defamation, fraud, or physical injuries
c.
Quasi-delict or culpa aquilana
d.
Breach of contract
37. It
is the condition of a person who does not have the mind, will, and heart for
the performance of marriage obligations.
a.
Diriment impediments
b.
Psychological illness
c.
Sexual infidelity
d.
Psychological incapacity
38. What
is the correct rule in matters of absolute divorce
a.
If the action is brought here in the Philippines
between Filipinos it will prosper
b.
If the action is brought here in the Philippines
between a Filipino and a foreigner it will prosper
c.
If the action is brought here in the Philippines
between foreigners it will not prosper
d.
If the action is brought in a foreign court
between Filipinos it will be recognized in the Philippines.
39. May
the court issue a decree of legal separation based upon facts stipulated by the
spouses?
a.
No, if the decree is based solely on the
stipulation of facts
b.
Yes, if there be other evidence of the existence
of a ground for legal separation
c.
All of the above
d.
None of the above
40. If
a person is under guardianship because of insanity
a.
He is presumed insane if he should enter into a
contract
b.
He is insane if he should enter into contract
c.
He is barred to enter into contract
d.
The contract is binding
41. How
many provisions are there in the New Civil Code?
a.
2330
b.
2480
c.
2270
d.
2155
42. A
right is
a.
The interest in property that has become fixed
that is no longer open to controversy
b.
The privilege given to one person and as a rule
demandable of another
c.
All of the above
d.
None of the above
43. In
an action based on a breach of promise to marry, what is the right of the
aggrieved party in case there has been carnal knowledge?
a.
The aggrieved party cannot demand for support
b.
Sue for moral damages, if it was due to mutual
lust
c.
Sue for actual damages, should there be expenses
incurred
d.
An action for actual and moral damages may be
filed
44. What
kind of right is possessed by the husband or the wife over the conjugal
property while the partnership remains?
a.
Vested right
b.
Inchoate right
c.
Equitable title
d.
None of the above
45. The
following are requisites for marriage settlement, except
a.
Must be in writing
b.
Must contain not contrary to the provisions of
the law
c.
Must be made before the celebration of marriage
d.
Must be by
consent of the parents
