BAR QUESTIONS MCQ type Taken from http://www.uberdigests.info/2012/04/civil-law-mcqs/ GOOD LUCK!!!! 8.

Rene and Lily got married after a brief courtship. After one month, Lily discovered that while Rene presented himself as a macho man he was actually gay. He would not go to bed with her. He kept obscene magazines of nude men and always sought the company of handsome boys. What legal remedy does Lily have? A. She can file an action for annulment of marriage on ground of fraud. B. She can seek a declaration of nullity of the marriage based on Renes psychological incapacity. C. She can go abroad and file for divorce in a country that can grant it. D. She has none since she had the opportunity to examine the goods and freely entered into the marriage.

13. Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been previously convicted in Palawan of theft and served time for it. After Marianne learned of his previous conviction, she stopped living with him. Can Marianne seek the annulment of the marriage based on Manuels non- disclosure of his previous crime? A. No, since the assumption is that marriage forgives all past wrongs. B. Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground for annulment. C. No, in case of doubt, the law must be construed to preserve the institution of marriage. D. No, since Manuel already served the penalty for his crime.

23. X and Y, although not suffering from any impediment, cohabited as husband and wife without the benefit of marriage. Following the birth of their child, the couple got married. A year after, however, the court annulled the marriage and issued a decree of annulment. What is the present status of the child? A. Legitimated. B. Illegitimate.

C. Natural child. D. Legitimate.

24. When A and B married, they chose conjugal partnership of gains to govern their property relations. After 3 years, B succeeded in getting her marriage to A annulled on ground of the latters psychological incapacity. What liquidation procedure will they follow in disposing of their assets? A. They will follow the rule governing the liquidation of a conjugal partnership of gains where the party who acted in bad faith forfeits his share in the net profits. B. Since the marriage has been declared void, the rule for liquidation of absolute community of property shall be followed. C. The liquidation of a co-ownership applies since the annulment brought their property relation under the chapter on property regimes without marriage. D. The law on liquidation of partnerships applies.

27. Fidel, a Filipino with fair complexion, married Gloria.

Before the marriage, Gloria

confessed to Fidel that she was two-month pregnant with the child of a black African who had left the country for good. When the child was born, Fidel could not accept it being too black in complexion. What is the status of the child? A. Illegitimate, because Gloria confessed that the child is not Fidels. B. Illegitimate, because by the color of its skin, the child could not possibly be that of Fidel. C. Legitimate, because the child was born within a valid marriage. D. Legitimate, because Fidel agreed to treat the child as his own after Gloria told him who the father was.

28. The husbands acts of forcibly ejecting his wife without just cause from the conjugal dwelling and refusing to take her back constitutes A. desertion.

B. recrimination. C. constructive abandonment. D. de facto separation.

30. X insured himself for P5 million, designating Y, his wife, as his sole beneficiary. The designation was irrevocable. A few years later, X had their marriage annulled in court on the ground that Y had an existing prior marriage. X subsequently died, Is Y entitled to the insurance benefits? A. Yes, since the insurance was not dependent on the marriage. B. Yes, since her designation as beneficiary was irrevocable. C. No, Xs designation of Y is revoked by operation of law upon the annulment of their marriage based on Ys fault. D. Yes, since without judicial revocation, Xs designation of Y remains valid and binding.

55. QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry them on the beach of Boracay. Since the Judge maintained Boracay as his residence, he agreed. The sponsors were all public officials. What is the status of the marriage. A. Valid, since the improper venue is merely an irregularity; all the elements of a valid marriage are present. B. Void, because the couple did not get local permit for a beach wedding. C. Voidable, because the Judge acted beyond his territorial jurisdiction and is

administratively liable for the same. D. Void, because the Judge did not solemnize the marriage within the premises of his court.

56. X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know that they were first cousins because their mothers, who were sisters, were separated when they were quite young. Since X did not want to continue with the relation when he heard of it, he left Y, came to the Philippines and married Z. Can X be held liable for bigamy? A. No since Xs marriage to Y is void ab initio or did not exist.

B. No since X acted in good faith, conscious that public policy did not approve of marriage between first cousins. C. Yes since he married Z without first securing a judicial declaration of nullity of his marriage to Y. D. Yes since his first marriage to Y in Los Angeles is valid. 59. The wife filed a case of legal separation against her husband on the ground of sexual infidelity without previously exerting earnest efforts to come to a compromise with him. The judge dismissed the case for having been filed without complying with a condition precedent. Is the dismissal proper? A. No, efforts at a compromise will only deepen the wifes anguish. B. No, since legal separation like validity of marriage is not subject to compromise agreement for purposes of filing. C. Yes, to avoid a family feud that is hurtful to everyone. D. Yes, since the dispute could have been settled with the parties agreeing to legal separation.

62.

court

declared

Ricardo,

an

old

bachelor,

an

absentee

and

appointed

Cicero administrator of his property. After a year, it was discovered that Ricardo had died abroad. What is the effect of the fact of his death on the administration of his property? A. With Ricardo no longer an absentee but a deceased person, Cicero will cease to be administrator of his properties. B. The administration shall be given by the court having jurisdiction over the intestate proceedings to a new administrator whom it will appoint. C. Cicero automatically becomes administrator of Ricardos estate until judicially relieved. D. Ciceros alienations of Ricardos property will be set aside.

63. Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the validity of their marriage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After more than 5 years following their

wedding, Judy wants to file a case for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper? A. Yes, the action for annulment is imprescriptible. B. No, since the marriage was merely voidable and Judy ratified it by

freely cohabiting with Baldo after the force and intimidation had ceased. C. No, since the action prescribed 5 years from the date of the celebration of the marriage. D. Yes, because the marriage was celebrated without Judys consent freely given.

73. Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Illinois, USA, where the marriage was valid. Their parents gave full consent to the marriage of their children. After three years, Joseph filed a petition in the USA to promptly divorce Jenny and this was granted. When Joseph turned 25 years, he returned to the Philippines and married Leonora. What is the status of this second marriage? A. Void, because he did not cause the judicial issuance of declaration of the nullity of his first marriage to Jenny before marrying Leonora. B. Valid, because Josephs marriage to Jenny is void, he being only 17 years of age when he married her. C. Valid, because his marriage to Leonora has all the elements of a valid marriage. D. Void, because Joseph is still considered married to Jenny since the Philippines does not recognize divorce.

73. Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Illinois, USA, where the marriage was valid. Their parents gave full consent to the marriage of their children. After three years, Joseph filed a petition in the USA to promptly divorce Jenny and this was granted. When Joseph turned 25 years, he returned to the Philippines and married Leonora. What is the status of this second marriage? A. Void, because he did not cause the judicial issuance of declaration of the nullity of his first marriage to Jenny before marrying Leonora. B. Valid, because Josephs marriage to Jenny is void, he being only 17 years of age when he married her.

C. Valid, because his marriage to Leonora has all the elements of a valid marriage. D. Void, because Joseph is still considered married to Jenny since the Philippines does not recognize divorce.

89. X, a married man, cohabited with Y, an unmarried woman. Their relation bore them BB, a baby boy. Subsequently, after X became a widower, he married Y. Was BB legitimated by that marriage? A. Yes, since his parents are now lawfully married. B. Yes, since he is an innocent party and the marriage rectified the wrong done him. C. No, since once illegitimate, a child shall always remain illegitimate. D. No, since his parents were not qualified to marry each other when he was conceived.

95. Conrad and Linda, both 20 years old, applied for a marriage license, making it appear that they were over 25. They married without their parents knowledge before an unsuspecting judge. After the couple has been in cohabitation for 6 years, Lindas parents filed an action to annul the marriage on ground of lack of parental consent. Will the case prosper? A. No, since only the couple can question the validity of their marriage after they became 21 of age; their cohabitation also convalidated the marriage. B. No, since Lindas parents made no allegations that earnest efforts have been made to come to a compromise with Conrad and Linda and which efforts failed. C. Yes, since the marriage is voidable, the couple being below 21 years of age when they married. D. Yes, since Lindas parents never gave their consent to the marriage. 2011 MCQs taken from http://www.scribd.com/doc/98590860/MCQ-on-Civil-Law#download

22. Mr. Samotski, single and a 15 year old German citizen , entered into a marriage contract with Filipina Lucia Matambokin solemnized by Judge Tahimik based on the certificate issued by the German Embassy that Samotski is of legal age. However, for failure to have a child despite of 5

years cohabitation due to incompatibility of their blood, they decided to part their ways. What legal way would you suggest to them a. file a petition for annulment of their marriage, Samotski being below 18 years of age at the time of the celebration of their marriage; b. file a petition for legal separation; c. file a petition for nullity of their marriage; d. Samotski should file a petition for divorce in his country or elsewhere where it recognizes divorce. 22-1. In what possible instance may Lucia be allowed to file such action :

a. b. c. d.

when Lucia when Lucia marriage; when Lucia when Lucia

file such action in Germany which allows divorce; renounces her Filipino citizenship at the time of the celebration of their obtain dual citizenship; went to Nevada, USA, and file a petition for divorce.

22. Mr. Samotski, single and a 15 year old German citizen , entered into a marriage contract with Filipina Lucia Matambokin solemnized by Judge Tahimik based on the certificate issued by the German Embassy that Samotski is of legal age. However, for failure to have a child despite of 5 years cohabitation due to incompatibility of their blood, they decided to part their ways. What legal way would you suggest to them e. file a petition for annulment of their marriage, Samotski being below 18 years of age at the time of the celebration of their marriage; f. file a petition for legal separation; g. file a petition for nullity of their marriage; h. Samotski should file a petition for divorce in his country or elsewhere where it recognizes divorce. 22-1. In what possible instance may Lucia be allowed to file such action :

e. f. g. h.

when Lucia when Lucia marriage; when Lucia when Lucia

file such action in Germany which allows divorce; renounces her Filipino citizenship at the time of the celebration of their obtain dual citizenship; went to Nevada, USA, and file a petition for divorce.

36. Is marriage contract governed by the law on obligations and contracts ? a. yes, because marriage contract partakes a contract between a male and a female; b. yes, because it has all the essential elements of a contract;

c. no. because marriage contract is a special contract that governs the relationship between a man and a woman for purposes of procreation and establishment of their marriage life; d. no. because marriage contract governs their property relations.

38. The essential requisites for marriage are : legal capacity of the parties who must a male and a female and that their consent must be freely given before the solemnizing officer, while the formal requisites are : authority of the solemnizing officer, valid marriage license and a marriage ceremony in the presence of at least 2 witnesses where they declares that they take each other as husband and wife. Based on the above premises:

1. when any or both of the contracting parties is/are of 17 years old, this is a ground for : a. petition for nullity of marriage ; b. petition for annulment of marriage; c. petition for legal separation; 2. When the solemnizing officer inadvertently forgot that his commission to solemnized marriage expired a day before the solemnization, the status of the marriage solemnized is : a. void; b. valid; c. voidable; d. unenforceable;

2.a. This is a case of : a. absence of authority; b. defect in the authority; c. good faith on the part the officer ; d. irregularity.

2.b. On the part of the newly wed couple, what would be the best argument to save their marriage : a. that they are not aware of such fact; b. that they believe in good faith that the solemnizing officer has the authority to solemnize; c. that they are not a party to such act; d. that they are in good faith.

3. During the marriage ceremony, the priest was in a hurry due to commitments that he forgot to pronounce that they are now husband and wife, what would be the effect on the status of the marriage due to such inadvertentment ? a. the marriage is null and void; b. the marriage is still valid; affected. c. the marriage is voidable; d. the validity of marriage is not

4. Because of excitement, Ogie and Regine misplaced their marriage license, although, they have been living together as husband and wife while Michelle, former wife of Ogie, was still filling a petition for divorce which was finally granted after 8 years. However, due to request of Ogie and Regene to the solemnizing officer, the marriage ceremony was held. This is a case of : a. absence of marriage license; b. defect of marriage license; license c. failure to comply the requirement; d. exempt from the requirement of marriage

5. On board a PAL plane from Davao to Manila were a catholic priest accompanying the Pope, RTC judge, Captain of the plane, CA justice and the President of the Philippines, whom do you think could validly perform a marriage ceremony of a passenger under articulo mortis ? a. the priest; b. the judge; c. the captain d. the justice; e. the president. 5.A . If the same plane was hijacked and now in an unknown territorial air space, whom do you think could validly perform a marriage ceremony of a passenger under articulo mortis ?

a. the priest; b. the judge; c. the captain d. the justice; e. the pope. 5.b. On board a JAL airplane bound for Australia from Tokyo were Filipino passengers, sweetheart Johnny and Susan. Susan suffered a heart attack and considered under articulo mortis and wanted to have her marriage with Johnny be solemnized. Among the following on board, whom do you think can validly solemnized their marriage ?

a. Captain of the plane;

c. Philippine consul;

c. Justice of the SC;

d. Pope.

6. Kiram and Soraida, both muslim have their marriage solemnized under the muslim law in Saudi Arabia. Considering that they are Filipino citizen, they decided to return to the Philippines and resided in Davao City. It is thru the insinuation of Father Makulit that they decided and converted

into a catholic believer. What would be the status of their marriage solemnized under the muslim rites ?

a. the marriage remain valid. Such new faith to catholic pertains to their belief and does affect their marriage; b. the marriage remain valid. Under the principle of lex loci celebrationis re marriage; c. the marriage is affected, they have to enter another marriage under the catholic norm due to their new faith; d. the marriage becomes invalid.

39. Max married Maxima. Max went to America and became a naturalized American citizen. Maxima followed him in America. Due to heated quarrel, Maxima filed and granted a divorce decree against Max. Thereafter, she married OFW David, after residing 2 years in California and a child, they return to the Philippines and another child was born. What is the status of the marriage of Maxima and David ? a valid marriage ; b. bigamous marriage; c. voidable marriage; d. void marriage

1. What would be the status of the child born in California ? a. legitimate; b. illegitimate; c. adopted; d. legitimated.

2. What would be the status of the child born in the Philippines ? a. legitimate; b. illegitimate; c. adopted; d. legitimated.

3. Upon knowing that Maxima married David and residing in the Philippines, he filed a concubinage case against them. Decide. a. the case will not prosper. The divorce decree is binding upon him and he has no more rights to be protected; b. the case will prosper. The divorce decree is not binding upon Maxima. Therefore, she remain married to Max; c. the case will not prosper. The marriage was solemnized outside the Philippine territory and therefore, the court has no jurisdiction over the case;

d. the case will prosper. Concubinage is committed when a man and a women sport themselves as husband and wife; 4. Supposing the marriage of Maxima and David is defective, what legal process should be done to legalized their union ? a. b. c. d. enter into another marriage in the Philippines; file a divorce against Max; reside in America; disregard this question because their marriage is valid.

40. Johnny married Susan. When Johnny became a naturalized American citizen which he applied while still single, he filed a petition for divorce which was granted. Susan is now asking whether she is now qualified to marry her childhood sweetheart Abdul ? a. b. c. d. yes. the Philippine recognizes the effect of divorce decree; yes. the Susan is qualified to remarry ; no. the Philippine law does not recognize divorce; no. any subsequent marriage without the first marriage having been dissolve is null and void.

41. Bruno and Suzeth, both Filipino, got married in Nevada, USA. While waiting for the divorce decree, Suzeth became an American citizen. Will the subsequent granting of divorce decree qualified Suzeth to remarry ? a. b. c. d. yes. it is the time of granting the divorce decree that determine its validity ; no. it is the time of filing the divorce decree that determine its validity; yes. because Suzeth is qualified for the divorce decree; no. because suzeth is a Filipino citizen and therefore disqualified to file a divorce decree.

44. Juan confessed to his wife that the P1M inside the bag is the fruit of their robbery commit against the bank. Unfortunately, he was caught and charged. During the trial, the prosecution wanted the wife to divulge such confession to the court which the counsel objected on the ground of : a. privilege marital communication; c. marital privilege rule; b. marital communication rule; c. privilege marital rule.

3. Due to loneliness inside the jail for 20 years, Juan became mentally and emotionally disturbed. Hence, when release, the family senses different n attitudes from him for he now acted as a gay. May the wife petition for nullity of their marriage due to psychological incapacity ? a. a petition for psychological incapacity is appropriate. He could no longer perform his marital obligation towards his wife;

b. a petition for psychological incapacity is the proper remedy to declare their marriage void; c. a petition for psychological incapacity is inappropriate, it should be psychological insanity; d. a petition for psychological incapacity is improper, the defect occurred after the marriage and while inside the jail. 4. On the contrary, may Juan himself institute Psychological incapacity ? a. yes. the law does not requires that only the spouse free from psychological incapacity may institute the petition; b. yes. it could be instituted by any interested person; c. no. he who comes to court must come with clean hands; d. no. it should be the spouse free from psychological incapacity may institute the same.

50. After 10 years of happy marriage, Mario discovered thru DNA test that the father of their eldest son was the former boyfriend of his wife. They had a last minute farewell contact before Maria went to the altar to say I do to Mario. What possible action may Mario undertake against Maria :

a. petition for nullity of marriage; b. petition for annulment of marriage;

c. petition for legal separation; d. separation de facto.

1. Justify any answer chosen : pregnant by a man other than her husband ___________________________________________________________

51. Susan discovered that her husband maintained a mistress whom they had already a 5 year old son. What should be the proper remedy of Susan under the situation ?

a. file a petition for nullity of marriage based on psychological incapacity against the husband ; b. accept the presence of the mistress in order to preserve to save their marriage; c. adopt the son in order to give a better future to him; d. file an action in court, i.e. concubinage against the husband and his mistress. 52. Psychological incapacity is characterized by : a. gravity, juridical antecedent and incurability;

b. gravity, juridical theory and incurability; c. gravity, medically proven and curability; d. gravitational, medical proven and incurability. 53. The husband is a gambler while the wife is a drunkard. There is peace in the house only when both were asleep. The husband had a mistress while the wife has a paramour. What proper action would you suggest regarding their marriage : a. b. c. d. file file file file a a a a petition petition petition petition for for for for nullity of their marriage; annulment of their marriage; legal separation; psychological incapacity.

54. Due to inaction of the spouses, their eldest child filed the above-action. Will it prosper ? a. b. c. d. yes. it is for the good of the family; yes. it could be instituted by any interested person; no. only the spouses themselves could institute such action; no. children can not institute such above-action while their parents are still alive.

55. John and Susy signed a marriage contract even without having a marriage ceremony. After a 13 year cohabitation, they decided to part their ways and each wanted to marry a new partner in life. Are they required to have a final judgment dissolving their marriage ? a. yes. a final declaration dissolving their marriage is needed. Otherwise, any subsequent marriage shall be considered void; b. yes. a final declaration is needed for it is not for the parties to declare it void; c. no. the previous marriage was not a marriage at all because of absence of formal requisite which is the marriage ceremony; d. no. nothing is to be dissolved because of absence of marriage ceremony. 56. Jenny files a petition for declaration of presumptive death of her husband Richard when he disappeared during the typhoon Butsiki 10 years ago. The court granted the said petition. Hence, Jenny married Amorsolo. Thereafter, Richard reappear and had agreed with Jenny not to disturb the happy union of the latter. How should the later union be classified ? a. a valid marriage ; b. d. a voidable marriage. c. a valid bigamous marriage; d. a void marriage;

1.a Prior to the said marriage, Jenny and Amorsolo had been living exclusively as husband and wife for the last 8 years and 2 children were born. For purposes of the later marriage, is marriage license a requirement for them ?

a. Exempted from the requirement of marriage license for having live together for at least 5 years as husband and wife;

b. Exempted from the requirement. Their subsequent marriage is a matter of comvalidation of their union; c. They are required to have a marriage license. The exemption requires that both parties must be free from any legal impediment during the 5 years cohabitation; d. They must secure a marriage license. Otherwise, the subsequent marriage would be considered void.

1.b. Would the subsequent marriage of Jenny and Amorsolo affect the status of their 2 children ? a. The 2 children became legitimated. The subsequent marriage of their parents elevates their status to legitimate one thru the process of legitimation; b. The 2 children remain illegitimate. The process of legitimation does apply to them; c. In case of doubt, the doubt should be interpreted in favor of the children. Hence, they should be treated as legitimated one; d. The 2 children remain illegitimate. The benefit of legitimation could only be availed by the children when during the cohabitation, their parents are both free from any legal impediment to marry each other.

57. During their 10 years married like, the wife remain virgin although they have plenty sexual activities with the husband although the manoy of the husband is as big as the size of the ring finger and 1 and a half inches long. What would be the basis if a petition to dissolve their marriage is instituted ? a. psychological incapacity; b. physical incapacity; c. trennial cohabitation; d. failure to cupolate.

58. A Filipino spouse may validly filed a petition for absolute divorce and shall dissolve their marriage, provided that he is no longer a Filipino citizen at the time of : a. filing the petition for divorce; b. his naturalization in foreign country; c. granting the divorce decree; d. residing abroad.

59. The husband acquired an STD during their first night. Such STD is a ground for : a. annulment of marriage; c. legal separation; b. nullity of marriage; d. separation de facto.

60. Due to constant quarrel resulting to repeated physical violence, they decided to part their ways thru : a. legal separation; b. annulment of marriage; c. nullity of marriage; d. separation de facto.

61. Susan, at the age of 18 got married without parental consent. After 3 years cohabitation, Susan meet Arroyo, a handsome gigolo who propose marriage to her. What remedy would you suggest to Susan who is madly in love with Arroyo in order to consummate their marriage. a. b. c. d. file a petition for nullity of marriage due to immaturity; file a petition for annulment of her marriage due to absence of parental consent; or let the parents who have not given consent file for annulment of marriage; file a divorce in foreign country and have their marriage solemnized there.

62. Max married Maxima. It was discovered that Max is suffering from occasional insanity behavior particularly when it is full moon. May Max file for annulment of their marriage ?

a. b. c. d.

no. only the sane spouse may be allowed to file for annulment; or the relative of the insane who is having legal charged over him; yes. during his lucid intervals; yes. by his guardian ad litem.

63. As a rule, a petition for annulment of marriage does not allow a motion to dismiss. However, such motion is allowed when the ground is :

a. lack of cause of action; b. failure to state a cause of action;

c. lack of jurisdiction; d. absence of probable cause.

64. A 6 months cooling-off period is mandatory upon filing of a petition for legal separation. When may such be disregarded ? a. when the petition is urgent ? b. when in the petition alleged danger on the life of the petitioner;

c. when alleged in the petition is violence against women and child; d. when the grounds for writ of amparo is alleged.