Question 1

Which of the following is not included in the attributes of juridical capacity?

Accepted Answer

Juridical capacity and capacity to act are distinct concepts. Juridical capacity refers to the fitness of an individual to be the subject of legal relations (i.e., the ability to have rights and obligations), which is inherent from birth and is not lost until death. On the other hand, capacity to act is the ability to exercise those rights and fulfill obligations by oneself, which can be restricted or limited (e.g., minors or those with certain disabilities may have limited capacity to act). Thus, juridical capacity can exist even without the capacity to act.

Question 2

The following constitute the different circumstances or cases of fraud which will serve as ground for the annulment of a marriage, except?

Accepted Answer

Concealment by the wife or the husband of the fact of previous sexual relations prior to the marriage is not considered a ground for annulment of marriage under the circumstances or cases of fraud.

Question 3

Which of the following is not a requisite for a valid donation propter nuptias?

Accepted Answer

The donation shall not be automatically revoked in case of non-celebration of the marriage.

Question 4

Bruce was pronounced by his physician to be suffering from an incurable disease and that he is going to die at anytime. Bruce was engaged to Margarita. In view of the pronouncement of Bruce's doctor, the two got married without a marriage license. Six (6) months thereafter, Bruce died. The validity of their marriage was attacked on the ground that the marriage was not a marriage in articulo mortis. What is the status of the marriage between Bruce and Margarita.

Accepted Answer

The marriage between Bruce and Margarita is considered valid because it was conducted under the presumption of marriage in articulo mortis, given Bruce's condition as diagnosed by his physician. Marriages in articulo mortis, or at the point of death, often have exceptions to certain formal requirements, such as obtaining a marriage license, especially when one party is believed to be near death.

Question 5

Which of the following does not characterized legal separation?

Accepted Answer

Legal separation does not have a specific number of grounds universally applicable, as the number of grounds can vary by jurisdiction. The statement about there being ten (10) grounds for legal separation is not universally accurate and does not characterize legal separation in general.

Question 6

The Civil Code of the Philippines took effect on:

Accepted Answer

The Civil Code of the Philippines, known as Republic Act No. 386, took effect on August 30, 1950.

Question 7

Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a birthday gift. Danny readily accepted the gift with profuse gratitude. One month later, they had a serious quarrel; hence, Charlie demanded the return of the watch from Danny. Danny refused to return the watch. What is the nature of this donation?

Accepted Answer

The donation is void because, under the law, donations of personal property exceeding Php 5,000.00 must be made in writing, and the acceptance must also be in writing. Since the donation and acceptance were not in writing, it is void.

Question 8

In a residential subdivision in San Pedro, Laguna, Marimar constructed and maintained a shoe factory which emits pollution and very loud noise 24 hours a day. How do you classify this nuisance?

Accepted Answer

A nuisance per accidents (or nuisance per accidens) is considered a nuisance due to its location or the manner in which it affects its surroundings. In this case, the shoe factory constructed in a residential subdivision causing pollution and noise would not inherently be a nuisance in all contexts (e.g., in an industrial zone), but it becomes one due to its specific location in a residential area and the negative impact it has on the residents.

Question 9

Amelia and Arsenio are married. Amelia went to the U.S. to work as a nurse in 2005. She left her two (2) children, Benjie and Cherry, 4 years old and 2 years old, respectively, with her parents, Danilo and Elenita. Later, because his parents-in-law, do not want to give his children to him, Arsenio, through trickery, was able to get his children from their maternal grandparents. Danilo and Elenita are claiming that they have a better right to have custody over Benjie and Cherry since they are financially capable of supporting the needs of the children. Can the grandparents claim back the children?

Accepted Answer

Parental authority is primarily vested in the parents of the children. In this case, Arsenio, being the present parent and without any indication that he is unfit, retains his parental authority over Benjie and Cherry. The grandparents' financial capability does not automatically grant them custody rights over the parents' rights.

Question 10

Occupation is:

Accepted Answer

The answer of Occupation is:
...

Question 11

Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses during the day of the signing of her will, Clara fell down the stairs and broke both her arms. Coming from the hospitals, Clara insisted on signing her will by thumb mark and said that she can sign her full name later. While the will was being signed, Roberta, experienced a stomach ache and kept going to the restroom for long period of time. Hannah while waiting for her turn to sign the will, was reading the 7th Harry Potter book on the couch, beside the table on which everyone was signing Benjamin, aside from witnessing the will. Also offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give your reasons briefly.

Accepted Answer

Roberta was not present due to her stomach ache, and Hannah was distracted by reading, so only two witnesses were credible and present during the signing.

Question 12

In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad was mending his broken hearth, he met Angie and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting to Angie. Brad died 1995. Saddened by Brad's death, Jennifer asked for the Picasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will, bequeathed the painting to her is Angie correct? Why or why not?

Accepted Answer

No. because the real owner of the painting was Jennifer.

Question 13

The following constitute fraud which is a ground for annulment of marriage

Accepted Answer

Concealment of pregnancy by another man, drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of the marriage are considered forms of fraud that can be grounds for annulment. Concealment of physical incapacity to consummate the marriage, if incurable, is also a ground but is not included in the options combined under choice D.

Question 14

A bus owned and operated by CRV Lines, Inc., and negligently driven by Mr. D, an employee rammed a Meralco lamp post. The incident injured Mr. P, a passenger, Mr. PD, a pedestrian. Which is correct?

Accepted Answer

Mr. P can sue CRV Lines under a quasi-delict theory as the employer of Mr. D, who was negligently driving the bus. This is based on the principle that employers are responsible for the damages caused by their employees in the course of their employment.

Question 15

Mr. Seller offered to sell to Mr. Buyer, a parcel of land for ₱5 million. Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days within which to decide.

Accepted Answer

In general contract law, an offer can be withdrawn by the offeror at any time before it is accepted by the offeree, unless there is an option contract or consideration given to keep the offer open.

Question 16

Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct?

Accepted Answer

Mr. O cannot defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP because Mr. O is liable to Miss X for breach of contract of carriage regardless of the cause of the accident.

Question 17

Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms:(i) down payment of ₱500,000;(ii) entire balance is to be paid on December 24, 2004;(iii) a chattel mortgage is to be executed over the car bought or sold in favor of Mr. Seller. If on the due date for the balance, no payment is paid despite demand.

Accepted Answer

Under the Recto Law in the Philippines, if a buyer defaults on a chattel mortgage, the seller can foreclose the mortgage but cannot recover any deficiency balance after the foreclosure sale.

Question 18

Mr. Seller offered to sell a parcel of land Mr. Buyer orally for ₱5 million. Mr. Buyer accepted orally on November 5, 2004.

Accepted Answer

The sale of real property must be in writing to be enforceable under the Statute of Frauds. Since the agreement between Mr. Seller and Mr. Buyer was made orally, it is considered unenforceable and cannot be registered, but it is not void or voidable by itself.

Question 19

Mr. X. donated a cell phone worth ₱35,000 to Mr. B orally and delivered the same to Mr. B who accepted.

Accepted Answer

The donation is void because donations of personal property worth more than ₱5,000 require a written document under the law.

Question 20

Which among the following must be in writing to be valid?

Accepted Answer

The answer of Which among the following must be in...

Quiz 5: Legal and Contractual Queries