Ultimate Property Management Quiz: Trivia!

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1. The following occupations are required by law to be registered with the Professional Regulations Commission, except:

Explanation

The occupations of real estate consultant, real estate broker, and real estate appraiser are required by law to be registered with the Professional Regulations Commission. However, property manager is not included in the list of occupations that need to be registered.

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About This Quiz
Ultimate Property Management Quiz: Trivia! - Quiz

Dive into the Ultimate Property Management Quiz: Trivia, where you'll explore key concepts of contract law, including the essentials for contracts, the impact of the Statute of Frauds, and different classifications of defective contracts. This quiz is ideal for students and professionals looking to enhance their understanding of legal frameworks... see morein property management. see less

2.

What first name or nickname would you like us to use?

You may optionally provide this to label your report, leaderboard, or certificate.

2. Select which are the obligations of a lessor:

Explanation

The obligations of a lessor include delivering the property in a good condition suitable for the intended use, ensuring the lessee's peaceful and adequate enjoyment of the lease throughout the contract, and making necessary repairs to keep the property suitable for use.

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3. A special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. Its nature, consequences, and incidents are fixed by law and cannot be the subject of the stipulation.

Explanation

A marriage contract is a special agreement between a man and a woman that is legally recognized and establishes their conjugal and family life. It is entered into in accordance with the law and has fixed consequences and incidents that cannot be changed through any stipulation. This contract is different from void and voidable contracts, which are agreements that are either invalid from the beginning or can be legally canceled. Marriage ceremony refers to the formal event or ritual that celebrates the union of a couple in marriage, but it is not the same as a marriage contract.

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4. Which are the essential requisites of a contract?

Explanation

The essential requisites of a contract include the consent of the contracting parties, an object that is certain and is the subject matter of the contract, and a cause or consideration for the obligations. All of these elements are necessary for a contract to be valid and enforceable. Consent ensures that both parties willingly enter into the contract, the object ensures that there is a clear subject matter for the contract, and the cause or consideration ensures that there is a legal basis for the obligations. Therefore, the correct answer is "All of the above."

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5. An illegitimate child was born last  March 2008. The child may use the surname of the father if the:

Explanation

If the child was acknowledged by the father in a public document, it means that the father has publicly recognized the child as his own. This is a legal and formal way of establishing paternity. By acknowledging the child in a public document, the father is accepting responsibility for the child and giving them the right to use his surname. This is a valid reason for the child to use the surname of the father.

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6. If a person died leaving a will, what is the special court proceedings that must be instituted to determine the validity of the testamentary disposition  of the deceased?

Explanation

Probate proceedings are a special court process that must be instituted to determine the validity of a deceased person's will. This legal process involves proving the authenticity of the will and ensuring that it meets all the legal requirements. It also involves appointing an executor or personal representative to handle the deceased person's estate and distribute assets according to the terms of the will. Probate proceedings are necessary to ensure that the deceased person's wishes are carried out and to protect the rights of beneficiaries and creditors.

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7. Which of the following are the modes of acquiring ownership?

Explanation

The modes of acquiring ownership include accretion, adverse possession or prescription, and private grant or voluntary transfer. Accretion refers to the gradual increase of land by natural forces such as the deposition of soil or the shifting of a river's course. Adverse possession or prescription occurs when someone gains ownership of a property by occupying it openly and continuously for a specified period of time. Private grant or voluntary transfer involves the transfer of ownership through a legal agreement or contract. Therefore, all of the options listed are valid modes of acquiring ownership.

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8. When a property owner dies without any heirs to inherit, which of the following inherit  powers of the state is applied on the property:

Explanation

Escheat is the correct answer because when a property owner dies without any heirs, the property is transferred to the state through a legal process called escheat. Escheat allows the state to take ownership of the property in order to prevent it from becoming abandoned or neglected. This ensures that the property is put to productive use and benefits the community as a whole.

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9. An acquisition of private property through hereditary succession:

Explanation

Inheritance refers to the acquisition of private property through hereditary succession, where an individual receives the property or assets of a deceased person as a result of their legal relationship, such as being a family member or a designated heir. This process typically occurs according to the laws of inheritance in a particular jurisdiction and is a common way for property to be transferred from one generation to the next.

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10. Finance is the of science of__________________.

Explanation

Finance is the science that deals with the management of money. It involves making decisions about how to allocate and invest funds in order to achieve financial goals. This includes activities such as budgeting, financial planning, investing, and risk management. By effectively managing money, individuals and businesses can optimize their financial resources and make informed decisions to maximize their wealth and financial well-being.

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11. Date of effectivity of Family Code:

Explanation

The correct answer is 3 August 1988. This is the date when the Family Code became effective. The Family Code is a set of laws that governs family and marital relationships, as well as the rights and obligations of individuals within these relationships. It was implemented on 3 August 1988, which means that any marriages or family matters that occurred after this date would be subject to the provisions of the Family Code.

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12. Real Estate mortgage special requisites covers:

Explanation

Real Estate mortgage special requisites cover both immovable property and alienable real rights imposed upon immovable property. This means that when obtaining a mortgage for real estate, the lender may require certain conditions related to the property itself, as well as any rights or restrictions that may be imposed on the property. This ensures that the lender has sufficient security for the loan and protects their interests in the event of default or other issues.

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13. Legal right of the state to acquire property of a decedent who died without a will and without heirs is referred to as what?

Explanation

Escheat is the legal right of the state to acquire the property of a decedent who died without a will and without any heirs. This means that when a person dies without leaving a will or any known heirs, their property reverts back to the state. Escheat is a way for the state to ensure that unclaimed property is not left in limbo and can be used for public purposes. It is different from eminent domain, which is the power of the government to take private property for public use, and other options like dedication, devise, and police power do not specifically refer to the state's right to acquire property in this context.

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14. Which agency of the government charged with the execution of laws relative to the registration of lands and is under the executive supervision of the Department of Justice?

Explanation

The Land Registration Authority is the correct answer because it is the agency of the government responsible for executing laws related to the registration of lands. It operates under the executive supervision of the Department of Justice. The Bureau of Lands and HLURB are not specifically tasked with land registration, making them incorrect options.

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15.   Spouses who were married after the effectivity of the family code without any pre-nuptial agreement shall be governed by:

Explanation

When spouses are married after the effectivity of the family code without any pre-nuptial agreement, they are governed by the regime of absolute community of property. This means that all assets and liabilities acquired by either spouse during the marriage are considered jointly owned and will be divided equally between them in the event of separation or divorce.

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16. Refers to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as an organized community:

Explanation

The correct answer is Indigenous Peoples. Indigenous Peoples refers to a group of people or homogenous societies who have continuously lived as an organized community and are identified by self-ascription and ascription by others. This term is commonly used to recognize and acknowledge the original inhabitants of a particular region or territory. Ancestral Peoples and Native Peoples could be related to indigenous communities, but they do not encompass the full meaning and scope of Indigenous Peoples.

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17. Spouses who were married after the effectivity of the Family Code without any pre-nuptial agreement shall be governed by:

Explanation

When spouses are married after the effectivity of the Family Code without any pre-nuptial agreement, they will be governed by the regime of absolute community of property. This means that all assets and properties acquired by either spouse during the marriage, regardless of whose name they are in, will be considered as jointly owned by both spouses. Additionally, any debts or liabilities incurred by either spouse during the marriage will also be considered as joint obligations.

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18. Spouses have the freedom to choose the regime that will govern their properties by marriage settlement or pre-nuptial agreement, such as, but not include:

Explanation

not-available-via-ai

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19. Which of the following is the correct definition of Compliance Audit:

Explanation

The correct answer is a systematic, independent and documented verification process of objectively obtaining and evaluating audit evidence to determine whether specified criteria are met. This definition accurately describes a compliance audit, which involves conducting a thorough examination of an organization's operations, processes, and activities to ensure that they comply with relevant laws, regulations, policies, and procedures. The audit is conducted in a systematic and independent manner, with the goal of objectively obtaining and evaluating evidence to determine whether the organization is meeting the specified criteria for compliance.

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20. The part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.

Explanation

Legitime refers to the part of the testator's property that cannot be freely disposed of because the law has reserved it for certain heirs, who are known as compulsory heirs. This means that the testator is obligated to leave a portion of their property to these specific heirs, and they cannot distribute it as they wish. The legitim is a fixed portion that is determined by law and varies depending on the jurisdiction.

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21. Is a notice to a third persons that someone is claiming an interest on the property or has a better right than the registered owner:

Explanation

An adverse claim is a notice given to third parties that someone is asserting a right or interest in a property that is superior to the registered owner. This means that the person claiming the adverse claim believes they have a better right to the property than the registered owner. It serves as a warning to potential buyers or other interested parties that there may be a dispute or competing claim to the property.

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22. Property exclusively owned by the husband is called:

Explanation

Capital property refers to property that is exclusively owned by the husband. This term is often used in the context of family law and marital property rights. It typically includes assets such as real estate, investments, and business interests that are considered separate from the shared marital property. This distinction allows the husband to have sole control and ownership over these assets.

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23. Juan and Maria are live-in partners. Juan is a married man who bought a parcel of land at Quezon City through the conjugal funds. Who owns the parcel of land?

Explanation

Since Juan is a married man, the parcel of land purchased through the conjugal funds would be owned by Juan and his legitimate spouse. In a marriage, conjugal funds refer to the assets and properties acquired during the course of the marriage, which are considered jointly owned by both spouses. Therefore, both Juan and his legitimate spouse would have ownership rights over the parcel of land.

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24. To systematically and repeatedly measure a parameter to track changes or establish the baseline or current conditions.

Explanation

The term "monitor" refers to the act of systematically and repeatedly measuring a parameter to track changes or establish the baseline or current conditions. It involves observing and recording data over time to ensure that any deviations or trends are identified and addressed. This process allows for effective tracking and analysis of the parameter being monitored, enabling informed decision-making and potential improvements.

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25. Select which are the obligations of a lessee:

Explanation

The obligations of a lessee include paying the price of the lease, stipulating or making agreements, and paying the expenses for the deed of the lease. All of these obligations are necessary for a lessee to fulfill their responsibilities in a lease agreement.

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26. Husband and wife cannot sell property to each other except when a separation  of property is agreed upon in the "ante-nuptial" contract and:

Explanation

When there is a judicial separation of property, it means that the court has intervened and ordered the division of the property between the husband and wife. In this case, they are allowed to sell property to each other because the court has already determined how the property should be divided.

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27. The public repository of records of instruments affecting registered and unregistered land and the chattel mortgage is:

Explanation

The correct answer is Registry of Deeds. The Registry of Deeds is responsible for maintaining and keeping records of instruments that affect registered and unregistered land, as well as chattel mortgages. This includes documents such as deeds, mortgages, leases, and liens. The Registry of Deeds plays a crucial role in ensuring the transparency and accuracy of land ownership and property rights.

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28. In the mode of acquiring ownership, actual possession of land in opposition to all other claimants is called:

Explanation

Adverse possession refers to the legal concept where an individual gains ownership of a property by openly and continuously occupying it for a specific period of time, without the permission of the legal owner. This is in contrast to other claimants who may have competing interests or claims to the property. Adverse possession requires the claimant to meet certain criteria, such as occupying the property openly, continuously, and exclusively, as well as fulfilling the required time period set by law. Therefore, adverse possession is the correct answer as it best describes the situation where one gains ownership through actual possession in opposition to other claimants.

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29. In the phrase "save in cases of hereditary succession' in Sec. 7, Art. XII (National Economy and patrimony), Phil. Charter, What kind of transferee of private land does it refer to?

Explanation

The phrase "save in cases of hereditary succession" in Sec. 7, Art. XII of the Philippine Charter refers to an heir in Philippine Law on succession and inheritance. This means that the transfer of private land is allowed only in cases where it is being passed down to an heir according to the laws of succession and inheritance in the Philippines.

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30. Stipulation whereby the thing mortgaged, shall automatically become the property of the creditor in the event of non-payment of the debt within the term fixed:

Explanation

Pactum Commissorium is a stipulation in a mortgage agreement where the thing mortgaged automatically becomes the property of the creditor if the debtor fails to repay the debt within the agreed term. This means that if the debtor defaults on the loan, the creditor has the right to take ownership of the mortgaged property without any further legal action. This provision is designed to protect the creditor's interests and ensure that they have a means of recovering their investment in case of non-payment.

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31. A lease contract providing that the lessee can stay in the premises for as long as he wants and for as long as he can pay the rentals and its increases:

Explanation

A perpetual lease is a type of lease contract that allows the lessee to stay in the premises for an indefinite period of time, as long as they continue to pay the rentals and any increases. Unlike other lease contracts that have a set duration or end date, a perpetual lease has no specific end date and can continue for as long as the lessee desires and is able to fulfill their payment obligations. This type of lease provides the lessee with a high level of flexibility and security in terms of their occupancy of the premises.

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32. A stipulation forbidding the owner from alienating the immovable mortgage:

Explanation

Pactum Non Aliendo refers to a stipulation in a mortgage agreement that prohibits the owner from transferring or alienating the immovable property. This means that the owner is restricted from selling, leasing, or otherwise disposing of the property without the consent of the mortgagee. This clause is commonly included in mortgage agreements to protect the interests of the mortgage lender and ensure that the property remains available as collateral for the loan.

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33.   It is the delivery and transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of the performance of the obligation:

Explanation

Dacion en Pago, also known as Dation in Payment, refers to the delivery and transmission of ownership of a thing by the debtor to the creditor as a form of payment for the debt. It is an accepted equivalent of the performance of the obligation. This means that instead of paying the debt with money, the debtor transfers ownership of a property or asset to the creditor to settle the debt. This method of payment is commonly used in situations where the debtor is unable to fulfill the obligation with cash or when both parties agree to this alternative form of payment.

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34. Omision in the testator's will of one, some, or all of the compulsory heirs in the direct line, whether living of the execution of the will or born after the death of the testator.

Explanation

Preterition refers to the omission in a testator's will of one or more compulsory heirs in the direct line, regardless of whether they were alive at the time the will was executed or born after the testator's death. In other words, it means excluding certain heirs who should have been included according to the law.

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35. Choose which are the characteristics of a mortgage contract:

Explanation

All of the characteristics mentioned - real, accessory, subsidiary, and unilateral - are indeed associated with a mortgage contract. A mortgage contract is considered real because it involves the transfer of a real property as collateral. It is accessory because it is dependent on the existence of a principal obligation, such as a loan. It is subsidiary because it supports the fulfillment of the principal obligation. Lastly, it is unilateral because it imposes obligations on the borrower while granting rights to the lender. Therefore, all of these characteristics apply to a mortgage contract.

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36. Mr. Villanueva inherited a piece of land when he was still  single. Then he got married on October 1, 2000 without a marriage settlement. What is the nature of property now that he is married?

Explanation

When Mr. Villanueva got married without a marriage settlement, the nature of the property he inherited became community property. In many jurisdictions, when a person gets married without a marriage settlement, any property acquired before the marriage becomes community property, which means that it is jointly owned by both spouses. Therefore, the correct answer is community property.

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37. Persons who cannot acquire by purchase because of fiduciary relationship:

Explanation

The correct answer is "All of the above." This means that all of the mentioned persons (guardians, agents, executors and administrators, public officers and employees) cannot acquire something by purchase due to their fiduciary relationship. Fiduciary relationships involve trust and confidence, where one party is obligated to act in the best interest of another party. In such relationships, these individuals are prohibited from using their position to benefit themselves financially, including acquiring assets through purchase.

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38. It is a contract entered into by the future spouses fixing the matrimonial property regime that should govern during the existence.

Explanation

A marriage settlement is a contract entered into by future spouses that establishes the rules for managing their property during their marriage. This agreement outlines how their assets and debts will be divided in the event of divorce or death. It can also include provisions for the distribution of property acquired during the marriage and the rights and responsibilities of each spouse. A marriage settlement is an important legal document that helps to protect the interests of both parties and ensure a fair division of assets in the event of a marriage breakdown.

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39. Which below to be effected when foreign ownership exceeds 40%?

Explanation

When foreign ownership exceeds 40%, both options a and b are affected. This means that foreign corporations will lose their capacity to hold private land, and instead, they will be granted temporary rights such as a lease contract. This implies that foreign corporations will no longer have the ability to own private land outright and will only be able to lease it for a limited period of time.

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40. It requires the purchaser to be aware of the supposed title of the vendor and one who buys without checking the vendor's title is called:

Explanation

Caveat Emptor is the correct answer because it refers to the principle that the buyer is responsible for checking and verifying the vendor's title before making a purchase. It implies that the purchaser should be cautious and aware of any potential risks or issues with the seller's ownership or legal rights to the product being sold. This principle places the burden of due diligence on the buyer rather than the seller.

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41. Donation of  a property is void when:

Explanation

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42. What is Legitime?

Explanation

Legitime refers to the portion of an estate that is reserved by law for compulsory heirs. In some jurisdictions, there are certain individuals who are entitled to receive a specific share of an estate, regardless of the deceased person's wishes. This reserved property ensures that these compulsory heirs receive their rightful inheritance.

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43. A special proceeding mandatory required for the purpose of establishing the validity of a will.

Explanation

Probate is the correct answer because it is a special proceeding that is mandatory for establishing the validity of a will. Probate involves the legal process of proving a will in court and ensuring that it is valid and authentic. This process includes verifying the deceased person's assets, paying off debts and taxes, and distributing the remaining assets to the beneficiaries as stated in the will.

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44. A law that provides that certain contracts/agreements must be in writing in order to be enforceable:

Explanation

The correct answer is Statute of Frauds. The Statute of Frauds is a law that requires certain contracts or agreements to be in writing in order to be enforceable. This law exists to prevent fraud and ensure that important agreements are properly documented. It typically applies to contracts for the sale of land, contracts that cannot be performed within one year, contracts for the sale of goods over a certain value, and agreements to pay someone else's debt. By requiring written evidence, the Statute of Frauds aims to protect parties from false claims or misunderstandings in contractual agreements.

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45. Refers to land occupied, possessed, and utilized by individuals, families, and clans who are members of Indigenous Peoples:

Explanation

Ancestral Lands refers to land that is occupied, possessed, and utilized by individuals, families, and clans who are members of Indigenous Peoples. This term emphasizes the historical and cultural connection that Indigenous Peoples have to the land, recognizing their long-standing presence and relationship with the territory. It acknowledges their rights and claims to the land based on their ancestral heritage and traditional practices.

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46. Select which kinds of real estate mortgage under the law:

Explanation

The correct answer is "All of the above" because under the law, all three kinds of real estate mortgages - voluntary, legal, and equitable - are recognized and enforceable. A voluntary mortgage is one where the borrower willingly pledges their property as collateral for a loan. A legal mortgage is created by a legal document, such as a mortgage deed, and is registered with the appropriate authorities. An equitable mortgage, on the other hand, is created through an agreement or understanding between the parties involved, without the need for a formal legal document. Therefore, all three types of mortgages are valid and recognized under the law.

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47. When the deceased registered owner is survived as a sole heir, the estate of the former maybe transferred to a latter with the execution of a document is known as:

Explanation

The correct answer is Affidavit of Adjudication. This document is used when the deceased registered owner is survived by a sole heir, and it allows for the transfer of the deceased's estate to the heir. It serves as a legal proof of the heir's entitlement to the deceased's assets and property.

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48. Notice that intended to constructively advise, or warn all people who deal with the property that they so deal with it at their own risk:

Explanation

The correct answer is "Notice of Lis Pendens". A Notice of Lis Pendens is a legal document filed in public records to notify potential buyers or creditors that a property is involved in a pending lawsuit. It serves as a warning that anyone who deals with the property does so at their own risk. This notice helps protect the rights of the parties involved in the lawsuit and prevents the property from being transferred or encumbered during the legal proceedings.

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49. All are special formalities of a notarial will except:

Explanation

A jurat is not a special formality of a notarial will. A jurat is a statement made by a person who is signing a document, affirming that they have executed the document in the presence of a notary public. It is commonly used for affidavits or sworn statements, but not for wills. In contrast, subscription, attestation clause, and acknowledgment are all formalities that are typically required for a notarial will. Subscription refers to the act of signing the will, attestation clause is a statement by witnesses affirming that they witnessed the signing, and acknowledgment is a declaration by the testator that they are signing the will of their own free will and without any undue influence.

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50. If a deceased owner of a land dies intestate without any debts or obligation the documents to be executed to transfer to transfer title to the sole heir is:

Explanation

The correct answer is Affidavit of Adjudication. When a deceased owner of a land dies intestate (without a will), and there are no debts or obligations, the title to the land can be transferred to the sole heir through an Affidavit of Adjudication. This document serves as a legal proof that the heir is entitled to the property and allows for the transfer of ownership without going through the probate process. It is a simpler and faster method of transferring title in cases where there is no dispute or complication regarding the inheritance.

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51. Annotation of Section 4, Rule 74 of the Rules of Court  on the property of a deceased person, a surviving spouse and children, provides that the property shall be subject to the rights of three of the following four. Who among four does no have the right to the subject property?

Explanation

According to Section 4, Rule 74 of the Rules of Court, the property of a deceased person is subject to the rights of heirs, any person who might have been unduly deprived of his participation in the estate, and creditors. However, the parents of the deceased do not have the right to the subject property.

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52. What kind of real estate mortgage that means one which shows the intention of the parties to make the property a security for a debt:

Explanation

An equitable real estate mortgage is one in which the intention of the parties is to make the property a security for a debt. This means that the borrower and lender have agreed that the property will be used as collateral for the loan. Unlike a voluntary or legal mortgage, an equitable mortgage does not necessarily require the formalities of a written agreement or registration with the appropriate authorities. Instead, it relies on the understanding and agreement between the parties involved.

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53.   Purchaser of the thing leased can terminate the lease except in the following conditions:

Explanation

The correct answer is a and b. This means that the purchaser of the thing leased can terminate the lease if either the lease is recorded in the Registry of Deeds or if there is a stipulation in the contract of sale that the purchaser shall respect the lease. In both of these cases, the purchaser is aware of the lease and therefore has the ability to terminate it.

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54. Lists of all the activities, processes and discharges to be addressed during the audit including a list of elements to be audited and the type of observations to be made to assess compliance.

Explanation

A checklist is a document that outlines all the activities, processes, and discharges that need to be addressed during an audit. It includes a list of elements that will be audited and specifies the type of observations that will be made to assess compliance. A checklist helps auditors stay organized and ensures that all necessary areas are covered during the audit process. It serves as a guide to ensure that nothing is overlooked and provides a systematic approach to conducting the audit.

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55. The roles of a property manager are the following, except:

Explanation

The correct answer is "Advertise, solicit, and mediate sale of real property." This is because the roles of a property manager typically involve managing, administering, and supervising the operations of the property, acting as a financial overseer, and supervising the preparation of financial reports and budgets. However, the task of advertising, soliciting, and mediating the sale of real property is usually handled by real estate agents or brokers, not property managers.

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56. After the lapse of said period, the annotation of adverse claim may be cancelled upon filing of a:

Explanation

A verified petition is the correct answer because it is a formal written request that is supported by evidence and signed under oath. In the context of cancelling the annotation of adverse claim, filing a verified petition would be the appropriate legal action to take. This petition would need to provide valid reasons and evidence to support the request for cancellation. Appeals and pleas are not relevant in this situation, as they pertain to different legal processes. Therefore, the correct course of action would be to file a verified petition to cancel the annotation of adverse claim.

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57.   An act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate to take effect after his death.

Explanation

A will is a legal document that allows a person to determine how their assets and estate will be distributed after their death. It gives the person control over the disposition of their estate and ensures that their wishes are followed. The formalities prescribed by law, such as signing the document in the presence of witnesses, make the will legally valid.

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58. Refers to a title formally recognizing the right of possession and ownership of Indigenous Peoples over their Ancestral Domains identified and delineated:

Explanation

The correct answer is Certificate of Ancestral Domain Title. This title formally recognizes the right of possession and ownership of Indigenous Peoples over their Ancestral Domains that have been identified and delineated. It is a legal document that grants Indigenous Peoples the authority to manage and protect their ancestral lands, territories, and resources. It signifies the recognition and protection of Indigenous Peoples' rights to their traditional lands and resources.

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59. The Statute of Frauds applies only to:

Explanation

The correct answer is "Executory contracts". The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing in order to be enforceable. It applies to contracts that are not yet fully performed or executed, meaning there are still obligations or actions that need to be completed by one or both parties. This includes contracts for the sale of real estate, contracts that cannot be performed within one year, and contracts for the sale of goods over a certain value. Partially fulfilled or completely fulfilled contracts would not fall under the Statute of Frauds because they have already been performed or executed.

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60. In the absence of a prenuptial agreement, the following are excluded from the community property except:

Explanation

In the absence of a prenuptial agreement, all of the options listed are excluded from the community property except for jewelry for personal and exclusive use of either spouse. This means that any property acquired before the marriage, as well as any fruits and income from that property, are excluded from the community property. Gratuitous title by the other spouse, fruits and income of properties mentioned in choice (a), and property for personal and exclusive use of either spouse are also excluded. However, jewelry for personal and exclusive use of either spouse is not excluded and would be considered community property.

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61. In the conjugal partnership gains, what kind of property does the spouses have conjugal partnership on?

Explanation

In a conjugal partnership, the spouses have conjugal partnership on gains realized by the joint or merged property and efforts. This means that any increase in value or profit obtained from property owned jointly by the spouses, as well as any income earned through their joint efforts during the marriage, is considered part of the conjugal partnership. This includes any gains from investments, businesses, or other financial endeavors that were undertaken jointly by the spouses.

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62. An act allowing illegitimate children to use the surname of their Father, amending for the purpose Article 176 of EO No.209, otherwise known as the "FAMILY CODE OF THE PHILIPPINES":

Explanation

RA 9255 is the correct answer because it is the law that allows illegitimate children to use the surname of their father. It specifically amends Article 176 of EO No. 209, which is the Family Code of the Philippines. This law recognizes the rights of illegitimate children to have a legal connection to their father by giving them the option to use his surname.

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63. A mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others by his will or by operation of law.

Explanation

Succession is the correct answer because it refers to the mode of acquisition where the property, rights, and obligations of a person are transferred to another or others after their death. This can happen through a will, where the person specifies how their assets should be distributed, or by operation of law, where the assets are distributed according to legal rules of inheritance. Inheritance is a component of succession, as it specifically refers to the property and assets that are passed on after someone's death. Legacy is not an accurate term to describe this concept, as it typically refers to something left behind by a person, such as a lasting impact or memory.

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64. Refers to all areas generally belonging to Indigenous Peoples comprising lands, inland waters, coastal areas, and natural resources:

Explanation

Ancestral domains refer to all areas generally belonging to Indigenous Peoples, including lands, inland waters, coastal areas, and natural resources. This term acknowledges and recognizes the historical and cultural ties that Indigenous Peoples have to these areas, highlighting their rights and ownership over these territories. Ancestral domains are an important concept in indigenous rights and land management, promoting the preservation of indigenous cultures and sustainable development practices.

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65. What is functional share of the surviving spouse that will appear in the new title if  the descendant(decedent) left three (3) legitimate children and one (1) (il)legitimate child:

Explanation

The surviving spouse's functional share in the new title is 5.5/9. This means that out of the total estate, the surviving spouse will be entitled to 5.5 parts out of 9 parts. This share is determined based on the number of legitimate children and illegitimate children the decedent had. In this case, since there are three legitimate children and one illegitimate child, the surviving spouse's share is calculated as 1/3 for each legitimate child and 1/9 for the illegitimate child. Adding these shares together gives a total of 5.5/9 for the surviving spouse.

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66. Possession of land for the required number of years and assertion of ownership through an interrupted actual possession of the property within the period of time prescribed by law:

Explanation

Prescription refers to the legal concept where a person acquires ownership of a property through continuous and uninterrupted possession for a specific period of time, as prescribed by law. This possession must be open, notorious, and hostile to the rights of the true owner. In this case, the possession of land for the required number of years and assertion of ownership through uninterrupted actual possession within the prescribed period aligns with the concept of prescription.

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67. Which of the following does not form part of on-site activities in a Compliance Audit:

Explanation

All of the options listed (planning and preparing for the audit, collecting background information, compiling checklists) form part of on-site activities in a Compliance Audit. Therefore, the correct answer is "All of the above."

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68. In a defective contract, the defect is caused by a lack of essential elements or illegality is:

Explanation

A defective contract is one that lacks essential elements or involves illegality. In such cases, the contract is considered void because it is fundamentally flawed and has no legal effect. Void contracts are treated as if they never existed, and the parties are not bound by any obligations outlined in the contract. Therefore, the correct answer is void.

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69. Alvin and Iris executed a marriage settlement specifying that  the regime of separation of property shall govern  their property relations during marriage. They are married in proper ceremonies on  December 1, 1988. Under the Family  Code, which of the following systems shall govern their property relations during the marriage?

Explanation

The correct answer is "Separation of property" because Alvin and Iris executed a marriage settlement specifying that the regime of separation of property shall govern their property relations during marriage. This means that each spouse retains ownership and control over their own individual properties, and they are not required to share any assets or liabilities acquired during the marriage.

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70. The English translation for the latin term "DONATION PROPTER NUPTIAS".

Explanation

The term "DONATION PROPTER NUPTIAS" refers to a donation made because of or in relation to a marriage. This means that the donation is given as a result of the marriage or in consideration of the marriage. It is a legal term used to describe a donation made during the course of a marriage or as a result of the marriage.

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71. In a defective contract, the defect is caused by vice or consent is:

Explanation

A defective contract refers to a contract that has some flaw or defect, either due to a vice or lack of consent. In this case, the defect is caused by vice or consent, which means that the contract can be voided or canceled by one or both parties involved. Therefore, the correct answer is "Voidable."

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72. The manifestation of the debtor to the creditor of his decision to comply immediately with his obligation:

Explanation

Tender of payment refers to the act of the debtor offering the exact amount of money or other form of payment to the creditor, demonstrating his willingness and ability to fulfill his obligation immediately. This is a common method used to settle debts and signifies the debtor's intention to comply with his financial responsibilities. Dacion en Pago, on the other hand, refers to the transfer of ownership of a property to the creditor as a form of payment, while Consignation is the deposit of the amount owed with a court or authorized entity when the creditor refuses to accept payment. Hence, the correct answer is Tender of Payment.

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73. What is not an effect of legal separation?

Explanation

Legal separation does not result in the spouses no longer being considered married. Legal separation is a formal process that allows spouses to live separately and establish specific rights and obligations, but it does not dissolve the marriage. The spouses are still legally married even after a legal separation is granted.

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74. A system of procedures to ensure that all audits are carried out correctly.

Explanation

Quality Assurance refers to a set of procedures and activities implemented to ensure that all audits are conducted correctly. It involves the development and implementation of standards, policies, and processes to guarantee the quality of audit activities. Quality Assurance aims to prevent errors, identify areas for improvement, and ensure that audits adhere to established guidelines and regulations. By implementing quality assurance measures, organizations can enhance the reliability and accuracy of their audit processes, ultimately leading to more effective and efficient auditing outcomes.

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75. Compliance Audit consists of the following general activities, except:

Explanation

The correct answer is "In-site activities". In-site activities are not a part of compliance audits. Compliance audits typically involve pre-site activities such as planning and preparation, on-site activities such as conducting audits and inspections, and post-site activities such as reporting and follow-up. In-site activities are not a recognized term or activity in the context of compliance audits.

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76. All except one, are grounds for termination of Absolute Community property Regime:

Explanation

The correct answer is "Extra-judicial separation of property." This is because all the other options mentioned in the question - decree of legal separation, annulment or declaration of nullity of marriage, and death of either spouse - can lead to the termination of an Absolute Community property regime. However, an extra-judicial separation of property does not result in the termination of the regime; instead, it allows the spouses to divide their assets and liabilities without going through a court process.

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77. Today property management emerged as a _________________science.

Explanation

Property management involves the administration, operation, and oversight of real estate properties. It requires skills in managing tenants, maintaining the property, handling finances, and ensuring legal compliance. Therefore, it can be considered a managerial science as it involves various aspects of management and requires expertise in decision-making, problem-solving, and leadership.

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78. In a defective contract, the defect is caused by a lack of form, authority, or capacity of both parties not caused by prescription is:

Explanation

In a defective contract, the defect is caused by a lack of form, authority, or capacity of both parties not caused by prescription. This means that the contract cannot be enforced by either party, as it does not meet the necessary legal requirements. Therefore, the correct answer is "Unenforceable".

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79.   Refers to a title formally recognizing the rights of Indigenous Peoples over their Ancestral Lands:

Explanation

The correct answer is Certificate of Ancestral Domain Title. This title formally recognizes the rights of Indigenous Peoples over their Ancestral Lands. It is a legal document that grants ownership and control of the land to the Indigenous community, acknowledging their historical and cultural connection to the territory. This title provides legal protection and ensures that the Indigenous community can manage and develop their land according to their traditions and customs.

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80. What kind of real estate mortgage that means one is required by law to be executed in favor of certain persons:

Explanation

An equitable real estate mortgage refers to a mortgage that is required by law to be executed in favor of certain persons. This means that it is not voluntary, but rather a legal obligation. It is different from a voluntary mortgage, which is entered into willingly by the parties involved. Therefore, the correct answer is equitable.

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81. The vendor is liable to the vendee for any hidden faults or defects in the thing sold is called:

Explanation

Caveat Emptor is the correct answer because it means "let the buyer beware". This principle states that the buyer is responsible for inspecting and evaluating the quality and condition of the item before making a purchase. It places the burden on the buyer to discover any hidden faults or defects in the product. In contrast, Caveat Venditor means "let the seller beware" and refers to the seller's responsibility to disclose any hidden faults or defects to the buyer. Adverse claim and None of the above are not relevant to the concept of liability for hidden faults or defects.

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82. All are on-site activities in a Compliance Audit except:

Explanation

In a Compliance Audit, evaluating audit evidence is not considered an on-site activity. The other options mentioned, such as conducting an opening meeting, collecting audit evidence through gathering information, observations, interviews, and sampling, and conducting a closing meeting, all involve direct on-site activities. Evaluating audit evidence typically takes place after the on-site activities are completed, where the collected evidence is analyzed and assessed to determine compliance with relevant regulations and standards.

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83.   Audits that assess targeted activities, processes, or discharges of the auditee in relation to legislation.

Explanation

Focused audits refer to audits that specifically target and assess certain activities, processes, or discharges of the auditee. These audits are conducted in relation to legislation, meaning that they are carried out to ensure that the auditee is complying with relevant laws and regulations.

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84. Juan and Maria are live-in partners. Maria donated a parcel of land to Juan. What is the status of the contract?

Explanation

In this scenario, the contract between Juan and Maria is considered void. A void contract is one that is not legally binding and has no legal effect from the beginning. It is as if the contract never existed. In this case, the donation of the parcel of land is not valid or enforceable, and Juan does not have any legal rights or ownership over the land.

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85. Instruments issued to an auditee pursuant to the legislation. These include approvals, licenses, notices, permits, and certificates of registration:

Explanation

Legislative instruments refer to the documents or tools issued to an auditee in accordance with the legislation. These instruments can include approvals, licenses, notices, permits, and certificates of registration. They are legally binding and serve as evidence of compliance with the applicable laws and regulations. By using the term "legislative instruments," the answer accurately describes the specific type of instruments issued to an auditee in relation to the legislation.

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86. It is a component of the activity/process/discharge that is being investigated for assessing compliance of a condition attached to a regulatory instrument.

Explanation

An audit element refers to a specific component or part of the activity, process, or discharge that is being investigated in order to assess compliance with a condition attached to a regulatory instrument. It is a distinct part of the overall audit data and helps to provide a detailed analysis and evaluation of the specific area being assessed.

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Possession of land for the required number of years and assertion of...
Which of the following does not form part of on-site activities in a...
In a defective contract, the defect is caused by a lack of essential...
Alvin and Iris executed a marriage settlement specifying that ...
The English translation for the latin term "DONATION PROPTER NUPTIAS".
In a defective contract, the defect is caused by vice or consent is:
The manifestation of the debtor to the creditor of his decision to...
What is not an effect of legal separation?
A system of procedures to ensure that all audits are carried out...
Compliance Audit consists of the following general activities, except:
All except one, are grounds for termination of Absolute Community...
Today property management emerged as a _________________science.
In a defective contract, the defect is caused by a lack of form,...
  Refers to a title formally recognizing the rights of Indigenous...
What kind of real estate mortgage that means one is required by law to...
The vendor is liable to the vendee for any hidden faults or defects in...
All are on-site activities in a Compliance Audit except:
  Audits that assess targeted activities, processes, or...
Juan and Maria are live-in partners. Maria donated a parcel of land to...
Instruments issued to an auditee pursuant to the legislation. These...
It is a component of the activity/process/discharge that is being...
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