Civil Law MCQs_Set 1 1 UP PORTIA SORORITY 1.

Violating the personal dignity of another shall produce a cause of action for A. damages only, when the act does not constitute a criminal offense; B. damages only, though the act may not constitute a criminal offense; C. damages and prevention, when the act does not constitute a criminal offense; D. damages and prevention, though the act may not constitute a criminal offense. 2. The following must be proved by the plaintiff to make the defendant liable for damages in tortuous interference except A. B. C. D. existence of a valid contract; actual knowledge by the defendant of the existence of a contract; malice on the part of the defendant; interference by the defendant without legal justification or excuse.

3. Jerry, the owner of a film, rented it to Felipe for showing in the latters movie theater on June 13. On June 10, Jerry returned Felipes money and refused to deliver the film, saying he had other arrangements for the film. Jerry then rented the film to Manolo, and on June 13, the film was shown in Manolos theater. Felipe sued Manolo for contractual interference. The following are necessary for Felipes suit to prosper, except A. B. C. D. that that that that the lease agreement between him and Jerry was valid; Manolo knew Jerry had an existing contract with Felipe; Manolo knew Jerry had an existing contract to rent the film; Manolo acted with malice.

4. An example of unfair competition is A. selling homemade ice cream as Magnolia ice cream; B. manufacturing energy drinks with DEHP; C. all of the above; D. none of the above. 5. The following shall be liable for damages in an independent action arising from a violation of another persons right to suffrage, even though the act or omission does not constitute a criminal offense, except A. a police officer; B. a judge; C. a private individual; D. a public prosecutor. 6. Which of the following is a real contract? A. sale; B. lease; C. pledge; D. guaranty.

Civil Law MCQs_Set 1 2 UP PORTIA SORORITY

7. The following marriages shall be void from the beginning for reasons of public policy, except: A. Those contracted between collateral blood relatives, whether legitimate or illegitimate, up to the fifth civil degree; B. Those contracted between parents-in-law and children-in-law; C. Those contracted between step-parents and step-children; D. Those contracted between parties where one, with the intention to marry the other, killed that other persons spouse, or his or her own spouse. 8. A possession may lose his possession through the following, except: A. by the abandonment of the thing; B. by an assignment made to another either by onerous or gratuitous title; C. by the possession of another without the knowledge of the possessor, if the new possession has lasted longer than one year; D. by the destruction or total loss of the thing. 9. The following contracts are rescissible, except: A. Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof; B. Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; C. Those undertaken in fraud of creditors when the latter cannot in any manner collect the claim due them; D. Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority. 10. The following shall be presumed dead for purposes of succession, except: A. a person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; B. a person in the armed forces who has taken part in war, and has been missing for four years; C. a person who has been in danger of death under other circumstances and his existence has not been known for four years; D. a person who has been absent for five years, and who disappeared while he was under seventy-five years of age. 11. Article XII 3 of the 1987 Philippine Constitution classifies lands of the public domain into the following, except:

Civil Law MCQs_Set 1 3 UP PORTIA SORORITY A. B. C. D. agricultural lands; timber land; ancestral lands; national parks.

12. Anne is Tonys agent. In which of the following cases is a special power of attorney from Anne not required? A. Anne repudiates Tonys inheritance; B. Anne leases Tonys house to Sally for 12 months; C. Anne binds Tony as surety in a loan extended to his company; D. Anne sells Tonys house. 13. Which of the following is false? A. a guaranty may bind the guarantor for less than the principal debtor; B. a guaranty may secure the principal obligation and its accessories; C. a guaranty may be onerous; D. a guaranty may not be given as security for future debts. 14. The depositary is liable for the loss of a thing through a fortuitous event in the following cases, except: A. if it is so stipulated; B. if he uses the thing with the depositors permission; C. if he delays its return; D. if he allows others to use it. 15. The bailee in commodatum is liable for the following, except: A. ordinary expenses for the use of the thing loaned; B. ordinary expenses for the preservation of the thing loaned; C. extraordinary expenses for the use of the thing loaned; D. extraordinary expenses for the preservation of the thing. 16. The absence of consent by the contracting parties renders the marriage void. A. True, because consent is a formal requisite for the validity of marriage B. True, because consent an essential requisite for the validity of marriage C. False, because the absence of consent may be cured by ratification D. False, because consent is only a formal requisite for the validity of marriage 17. The absence of a marriage license renders any marriage void. A. True, because a marriage license is a formal requisite for the validity of marriage B. True, because a marriage license is an indispensable requisite C. False, because the absence of a marriage license is a mere irregularity D. False, because in some marriages, the law does not require marriage license. 18.Which of the following cannot make a will?

Civil Law MCQs_Set 1 4 UP PORTIA SORORITY A. A married woman without the consent of the husband B. A married woman without the consent of the court C. A person under eighteen years of age D. A person who donated all his properties inter vivos 19. A marriage between a Filipino and a Mexican who both reside in Mexico may be validly solemnized by the Filipino vice-consul assigned in Mexico.

A.

True, because a vice-consul may solemnize marriages in a foreign country B. True, because consular marriages may be had as long as one of the parties is Filipino C. False, because only a consul-general or consul may solemnize marriages in a foreign country. D. False, because consular marriages may be had only when both parties are Filipinos. 20. X and Y were married in 2009. At the time, Y was only 17 years old. Two years later, Y filed a petition for the annulment of their marriage on the ground that she had no legal capacity at the time of their marriage. X claimed that their marriage is valid since Y represented herself as being of age which made him believe in good faith that Y had the legal capacity. Is the marriage valid? A. Yes, because good faith marriages are valid. B. Yes, because Y freely cohabited with X after she reached the age of majority. C. No, because the absence of an essential requisite (legal capacity) renders the marriage void without exception. D. No, because a defect in an essential requisite (legal capacity) renders the marriage void. 21. Barangay X was placed under a five-month military operation. After a military encounter with rebel groups, A, a civilian resident in Barangay X was fatally injured. Upon As wish, B, As long time live-in partner, sought the commissioned military commander of the unit for the solemnization of their marriage. The marriage was solemnized. Thereafter, A recovered. Is the marriage valid? A. Yes, because marriages between parties within the zone of a military operation may be solemnized by a military commander of the unit. B. Yes, because marriages in articulo mortis between parties within the zone of a military operation may be solemnized by a military commander of the unit. C. No, because a military commander has the authority to solemnize articulo mortis marriages when the parties to the marriage are military personnel. D. No, because a military commander has the authority to solemnize only articulo mortis marriages. In this case, the marriage was not in articulo mortis since A recovered from his supposedly fatal injury.

Civil Law MCQs_Set 1 5 UP PORTIA SORORITY

22. A marriage may be solemnized at any place designated by the parties where either of them requests the solemnizing officer in writing. A. True. B. False, because the place of celebration is already fixed by law. C. False, because both of them must request the solemnizing officer in writing. D. False, because the place to be designated by the parties cannot be just any other place but a public place. 23.Which of the following statements is correct? A. In alternative obligations, the right of choice belongs to the debtor, unless it has been expressly granted to the creditor. B. In alternative obligations, the right of choice belongs to the creditor, unless it has been expressly granted to the debtor. C. In alternative obligations, the right of choice belongs to the debtor and the creditor, and the court should decide in case of disagreement. D. In alternative obligations, the right of choice belongs to a third person designated by the parties. 24. A (21 y.o., widow) and B (23 y.o, widower), wish to get married. Do they need to secure parental consent? A. True, because parental consent is required when either of the contracting parties is between 18 and 21 years old. B. False, because parental consent is required only when either or both of the parties is 18 to less than 21 years old. C. False, because parental consent is required only when both parties must are between 18 and 21 years old D. False, because parental consent is not required where either or both of the contracting parties have already been previously married. 25. When both of the contracting parties are foreigners, certificates of legal capacity ___: A. Shall take the place of the marriage license B. Shall not be required if they have cohabited freely for at least five (5) years and there is no legal impediment to the marriage C. Shall be required for the issuance of the marriage license D. Shall be required only when there is no other proof of their legal capacity 26. Failure by the parties to obtain parental advice when so required shall ___: A. prevent the issuance of the marriage license B. suspend the issuance of the marriage license C. render any marriage solemnized without such advice void ab initio

Civil Law MCQs_Set 1 6 UP PORTIA SORORITY D. constitute a defect in the concerned partys consent rendering any marriage solemnized without such advice voidable 27. X (Filipino) and Y (foreigner) were married in Canada following the marriage laws therein. After five years into the marriage, X filed a divorce before a Canadian court. Y did not oppose the same. The divorce was subsequently granted. Thereafter, Y remarried. Can X likewise remarry?

A. Yes, because according to the law of Y, she is no longer married to X. It

is therefore not just to consider X as being still married to Y who has been married to another. B. Yes, because there was no valid marriage between X and Y C. No, because X and Ys marriage are still married under Philippine Law. Under Art. 26, a divorce may be validly obtained only by the alien spouse. D. Yes, because the divorce may be obtained by either spouses so long as the divorce be obtained abroad. 28. The following are obliged to support each other except: A. B. C. D. mothers-in-law and daughters-in-law illegitimate full-blood brothers and sisters parents and the illegitimate children of their illegitimate children legitimate half-blood brothers and sisters

29. Legal support has the following characteristics except: A. B. C. D. reciprocal can be renounced intransmissible personal

30. A and B are married. A adopted X, Bs legitimate child from a previous marriage. Thereafter, A and B adopted Y, As legitimate child from a previous marriage. Can X and Y marry? A. No, because their marriage would constitute marriage between a legitimate child (X) and an adopted child (Y) of the adopter B. Yes, because only adopted children of the same adopter are not allowed to marry each other. In this case, the prohibition does not apply since Xs adopter was A. While Ys adopter were both A and B. C. Yes, because X and Y have no blood relation D. No, because their marriage would constitute marriage between adopted children of the same adopter 31. The following actions must be brought within ten years from the time the right of action accrues, except one: A. Action upon a written contract B. Action upon an obligation created by law

Civil Law MCQs_Set 1 7 UP PORTIA SORORITY C. Action upon a judgment D. Action upon a quasi-contract 32. A marriage shall be void in the absence of the following except: A. B. C. D. consent freely given legal capacity of contracting parties marriage ceremony at least 2 witnesses of legal age

33.Which of the following is not true with regard to the contract of pledge? A. It should be constituted to secure the fulfillment of a principal obligation B. The pledgor need not be the absolute owner of the thing pledged C. A pledge is indivisible. D. When the principal obligation becomes due, the thing in which the pledge for t may be alienated for the payment to the creditor. 34. A marriage between Filipinos celebrated in a foreign country, when valid where celebrated, is valid everywhere, except those lacking a marriage license.

A. True, because marriage license is a formal requirement, the lack of

which renders the marriage void. B. True, because marriage license is required in all instances of marriage between Filipinos citizens. C. False, because marriage license is a formal requirement which may or may not be required in the foreign country where the marriage is celebrated. Following lex loci celebrationis, compliance must be with the formal requirements in the country where the marriage is celebrated. D. False, because the marriage license is not required in marriages celebrated in a foreign country. 35.Petition for legal separation may be filed on any of the following grounds except: A. drug addiction or habitual alcoholism of the respondent B. lesbianism or homosexuality of the respondent C. contracting by the respondent of a subsequent bigamous marriage D. non disclosure of previous conviction by final judgment of the other party of a crime involving moral turpitude 36.An action for legal separation shall be filed within: A. B. C. D. five years from the time of the occurrence of the cause four years after discovery of the cause four years from the time of the occurrence of the cause five years after discovery of the cause

Civil Law MCQs_Set 1 8 UP PORTIA SORORITY

37. The following requisites should be met for a marriage to be validly solemnized by a priest, rabbi, imam, or minister of any church or sect, except: A. solemnizing officer should be registered with the civil registrar general B. both contracting parties should belong to the solemnizing officers church or religious sect C. solemnizing officer should be acting within the limits of the written authority granted him by his church or religious sect D. solemnizing officer should be duly authorized by his church 38.Which marriage is capable of ratification, except: A. where one of the spouses is incurably impotent B. where one of the spouses has an incurable sexually transmissible disease C. where consent of one party was obtained by force D. where sane spouse marries insane spouse without knowledge of insanity 39. Payment made to a third person shall be valid insofar as it has redounded to the benefit of the creditor. Such benefit to the creditor need not be proved in the following cases, except one: A. If after the payment, the person acquires the creditors rights B. If the creditor ratifies the payment to the third person C. If by the creditors conduct, the debtor has been led to believe that that the third person had authority to receive payment D. If the creditor is incapacitated to administer his property 40.The unpaid seller of goods does not lose his lien thereon: A. When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving ownership in the goods B. When the buyer or his agent lawfully obtains possession of the goods C. When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer when he reserved his ownership in the goods or the right to the possession thereof D. When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right to the possession of the goods 41. Under the law on common carriers, any of the following or similar stipulations shall be considered ` unreasonable, unjust and contrary to public policy, except one: A. That the goods are to be transported at the risk of the owner or shipper B. That the common carrier shall not be responsible for the acts or omissions of his or its employees

Civil Law MCQs_Set 1 9 UP PORTIA SORORITY C. That the common carriers liability for acts committed by thieves, or of robbers who act with grave or irresistible threat, violence or force, is dispensed with or diminished D. That the common carrier need not observe any diligence in the custody of the goods 42. In settling accounts between the partners after dissolution, the liabilities of the partnership shall be paid according to their rank as prescribed by the Civil Code. Which of these liabilities comes first? A. Those owing to partners other than for capital and profits B. Those owing to creditors other than partners C. Those owing to partners in respect of capital D. Those owing to the partners in respect of profits 43.Special powers of attorney is not necessary in the following case: A. To make such payments as are not usually considered as acts of administration B. To ratify or recognize obligations contracted after the agency C. To obligate the principal as a guarantor or surety D. To bind the principal in a contract of partnership 44.Which of the following statements is correct? A. In the determination of the interest, if it is payable in kind, its value shall be appraised at the current price of the products or goods at the time and place of payment. B. In the determination of the interest, if it is payable in kind, its value shall be appraised at the price of the products or goods at the time and place of the agreement or execution of the contract. C. In the determination of the interest, if it is payable in kind, its value shall be appraised at the current price of the products or goods at the time and place of payment, in cases where there is extraordinary inflation. D. In the determination of the interest, if it is payable in kind, its value shall be appraised at the current price of the products or goods at the time of demand. 45.The benefit of excussion shall not take place in the following instances, except one: A. If the guarantor has expressly renounced it B. If the guarantor has bound himself solidarily with the debtor C. In case of insolvency of the debtor D. If the guarantor expressly or impliedly renounced it 46.Which of the following statements is correct? A. The builder, planter, or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. B. The builder, planter, or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land and for the ornamental expenses. C. The builder, planter, or sower in bad faith is not entitled to reimbursement for the necessary expenses of preservation of the land.

Civil Law MCQs_Set 1 10 UP PORTIA SORORITY D. The builder, planter, or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land, only if the value of his improvements is greater than the value of the land. 47.Which of the following statements is correct? A. A solidary creditor cannot assign his rights without the consent of the other creditors, except when he does it gratuitously. B. A solidary creditor can assign his rights without the consent of the other creditors. C. A solidary creditor cannot assign his rights without the consent of the other creditors. D. A solidary creditor cannot assign his rights in all cases. 48.Which is statement is not correct? A. Conventional subrogation of a third person requires the consent of the original parties and of the third person. B. Even if the substitution is without the knowledge or consent or against the will of the debtor, the new debtors insolvency or non-fulfillment of the obligation shall still give rise to a liability on the part of the original debtor. C. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. D. In general, the novation is void if the original obligation is void. 49.The following are grounds for legal separation, except one: A. Drug addiction or habitual alcoholism of the respondent B. Attempt by the respondent against the life of the petitioner C. Abandonment of petitioner by respondent without justifiable cause for more than one year D. Final judgment sentencing the respondent to imprisonment of more than six years, unless pardoned 50.The family home shall be exempt from execution, forced sale, or attachment, except: A. For debts incurred after the constitution of the family home B. For non-payment of taxes C. For debts secured by mortgages on the premises before or after such constitution D. For debts due to the persons who have rendered service or furnished material for the construction of the building

Civil Law MCQs_Set 1 11 UP PORTIA SORORITY