Persons and Family Relations Multiple Choice Questions

Persons and Family Relations Multiple Choice Questions Civil Law (Persons and Family Relations) 1.

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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 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 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 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 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 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

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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. c. d. 15. a. b. c. d.

Contract Will All of the above The Family code of the Philippines is Executive Order no. 209 Republic Act no. 290 Executive Order no. 116 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 onefifth 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

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Must be by consent of the parents