MULTIPLE CHOICE QUESTIONS

CIVIL LAW

1) A party aggrieved by another partys breach of a reciprocal obligation is entitled to

a. Specific performance and rescission;
b. Specific performance, rescission and damages;
c. Specific performance or rescission;
d. Specific performance or rescission, with damages in either case;
e. None of the above.

2) Which is not an element of tortious interference with contractual relations:

a. Existence of a valid contract;
b. Knowledge on the part of the third person of the contracts existence;
c. Interference on the part of the third person without legal justification or
excuse;
d. Damage or injury to the contracting party;
e. All of the above.

3) Which statement about temperate damages is true?

a. Temperate damages are usually left to the sound discretion of the courts;
b. Temperate damages are more than nominal but less than compensatory
damages;
c. Temperate damages are usually pegged to an amount equivalent to a certain
percentage of the actual damages claimed by the injured party;
d. Only a and b;
e. Only b and c
f. a, b and c;
g. None of the above.

4) Which of the following is an indispensable requirement in an action for quieting of

title involving real property?
a. The plaintiff must be in actual possession of the property;
b. The plaintiff must be the registered owner of the property;
c. The plaintiff must have legal or equitable title to the property;
d. The plaintiff must be the beneficial owner of the property;
e. All of the above.

5) A authorized B to mortgage a land belonging to A. The SPA executed by A in favor

of B did not contain any prohibition regarding the appointment of a substitute/sub-
agent. Later, B executed an SPA in favor of C, appointing the latter as attorney-in-
fact in mortgaging As land to a bank. C, accordingly, mortgaged As land to a bank.
What is the status of the mortgage?
a. Voidable;
 b. Void;
c. Valid;
d. Unenforceable;
e. None of the above.

6) The correct formula for computing the amount of damages for loss of earning
capacity is:
a. Net Earning Capacity = Age of Death x (Gross Annual Income Living
Expenses)
b. Net Earning Capacity = Life Expectancy x (Gross Annual Income
Living Expenses)
c. Net Earning Capacity = Life Expectancy x (Net Annual Income Living
Expenses)
d. Net Earning Capacity = Life Expectancy x (Gross Annual Income + Living
Expenses)
e. None of the above.

7) Which of the following may not be recovered when death occurs due to a crime?
a. Civil Indemnity;
b. Actual Damages;
c. Temperate Damages;
d. Moral Damages;
e. Exemplary Damages;
f. Attorneys Fees and Expenses of Litigation;
g. Interest;
h. None of the above.

8) Spouses John and Marsha owned a lot. Sometime after Johns death, Marsha
executed a Real Estate Mortgage over the said property to secure a loan from a bank.
For failure of Marsha to pay the loan, the bank foreclosed the property. What is the
status of the Real Estate Mortgage?
a. The Real Estate Mortgage is void because John was already deceased at the
time it was executed.
b. The Real Estate Mortgage is valid because upon Johns death, Marsha
became the owner of the entire lot.
c. The Real Estate Mortgage is void as to Johns share, but valid as to the
Marshas share in the property.
d. The Real Estate Mortgage is void as to Johns share, but valid as to the
Marshas share in the property.
e. None of the above.

9) Which of the following is required to convert a land of public domain into

patrimonial property?
 a. Open, continuous, notorious, and exclusive possession of the land for thirty
(30) years;
b. Law enacted by Congress declaring that the land is no longer intended for
public service or the development of the national wealth or that the property
has been converted into patrimonial;
c. Presidential Proclamation that the land is no longer intended for public
service or the development of the national wealth or that the property has
been converted into patrimonial;
d. Both a and b;
e. Both b and c;
f. Both a and c;
g. a, b and c

10) The prescriptive period for an action for reconveyance of a parcel of land based on
implied or constructive trust is:
a. Three (3) years;
b. Five (5) years;
c. Ten (10) years;
d. Imprescriptible;
e. None of the above.

11) What is the point of reference for the prescriptive period for an action for
reconveyance of a registered piece of land based on implied or constructive trust?
a. Date of purchase of the property;
b. Date of registration of the deed;
c. Date when plaintiff first took possession of the property
d. Date of issuance of the certificate of title over the property
e. a or b;
f. b or d;
g. a or c.

12) A situation whereby the mortgagee automatically becomes the owner of the thing
mortgaged:
a. Pactum commissorium;
b. Consolidation of ownership;
c. Conventional redemption;
d. Consignation;
e. None of the above.

13) An uninterrupted possession for a statutory period of time without the need of just
tile and good faith are requisites for
a. Laches;
b. Prescription of Actions;
c. Ordinary Acquisitive Prescription;
 d. Extraordinary Acquisitive Prescription;
e. None of the Above.

14) A contract where the prospective seller reserves the transfer of title to the
prospective buyer until the happening of an event:
a. Contract of Sale;
b. Contract to Sell;
c. Option Contract;
d. Lease Contract;
e. None of the above.

15) Ownership of an immovable property which is the subject of a double sale may be
transferred to all of the following except to
a. The person acquiring it who in good faith first recorded it in the Registry of
Property;
b. The person who in good faith was first in possession;
c. The person who presents the most recent title, provided there is good
faith;
d. The person who presents the oldest title, provided there is good faith;
e. None of the above.

16) Which is not an element of res ipsa loquitur?

a. The accident is of such character as to warrant an inference that it would not
have happened except for the defendant's negligence;
b. The accident must have been caused by an agency or instrumentality within
the exclusive management or control of the person charged with the
negligence complained of;
c. The accident must not have been due to any voluntary action or contribution
on the part of the person injured;
d. All of the above.
e. None of the above.