Legal Aspects Of Sales, Lease And Mortgage / Family Code / Property MGT
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LEGAL ASPECTS OF SALES, LEASE AND MORTGAGE / FAMILY CODE / PROPERTY MGT TEST EXERCISES. . .
- 1.
Which is the essential requisites of a contract?
- A.
Consent of the contracting parties
- B.
Object certain w/c is the subject matter of the contract
- C.
Cause or consideration of the obligations
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
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.Rate this question:
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- 2.
The Statute of Frauds applies only to:
- A.
Partial fulfilled contract
- B.
Completely fulfilled contract
- C.
Executory contracts
- D.
None of the above
Correct Answer
C. Executory contractsExplanation
The Statute of Frauds applies only to executory contracts. This means that it only covers contracts that have not yet been fully performed or completed by both parties involved. Executory contracts are those that still have obligations or actions that need to be fulfilled in the future. The Statute of Frauds typically requires certain types of contracts, such as those involving the sale of land or contracts that cannot be completed within one year, to be in writing in order to be enforceable.Rate this question:
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- 3.
A law that provides that certain contracts/agreements must be in writing in order to be enforceable:
- A.
Statute of Frauds
- B.
Obligation Contracts
- C.
Statue of Obligation
- D.
None of the above
Correct Answer
A. Statute of FraudsExplanation
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 legally enforceable. This law varies by jurisdiction but typically includes contracts for the sale of land, contracts that cannot be performed within one year, agreements to pay someone else's debt, and contracts for the sale of goods over a certain value. The purpose of the Statute of Frauds is to prevent fraudulent or false claims based on oral agreements.Rate this question:
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- 4.
In a defective contracts, the defect is caused by lack of essential elements or illegality is:
- A.
Voidable
- B.
Unenforceable
- C.
Void
- D.
None of the above
Correct Answer
C. VoidExplanation
A contract is considered void when it lacks essential elements or is illegal. This means that the contract is invalid from the beginning and has no legal effect. The parties involved are not bound by the terms of the contract and it cannot be enforced by a court. Therefore, the correct answer is "Void".Rate this question:
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- 5.
In a defective contracts, the defect is caused by vice or consent is:
- A.
Rescissible
- B.
Voidable
- C.
Unenforceable
- D.
None of the above
Correct Answer
B. VoidableExplanation
A defective contract refers to a contract that has some sort of flaw or problem that affects its validity. In this case, the defect is caused by either vice or consent. "Vice" refers to a defect in the object or purpose of the contract, while "consent" refers to a defect in the agreement or understanding between the parties involved. When a contract is voidable, it means that one or both parties have the option to cancel or annul the contract due to the defect. Therefore, the correct answer is "Voidable."Rate this question:
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- 6.
In a defective contracts, the defect is caused by lack of form, authority, or capacity of both parties not caused by prescription is:
- A.
Unenforceable
- B.
Rescissible
- C.
Voidable
- D.
None of the above
Correct Answer
A. UnenforceableExplanation
In a defective contract, the defect is caused by the lack of form, authority, or capacity of both parties. This means that the contract cannot be enforced by either party because it does not meet the necessary legal requirements. Therefore, the correct answer is "Unenforceable."Rate this question:
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- 7.
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?
- A.
Bureau of Lands
- B.
HLURB
- C.
Land Registration Authority
- D.
None of the above
Correct Answer
C. Land Registration AuthorityExplanation
The Land Registration Authority is the agency of the government charged with the execution of laws relative to the registration of lands. It operates under the executive supervision of the Department of Justice. The Bureau of Lands and HLURB are not responsible for the registration of lands, so they are not the correct answer.Rate this question:
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- 8.
Which of the following are the modes of acquiring ownership?
- A.
Accretion
- B.
Adverse possession or prescription
- C.
Private grant or voluntary transfer
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
The correct answer is "All of the above." This means that all of the mentioned options - accretion, adverse possession or prescription, and private grant or voluntary transfer - are modes of acquiring ownership. Accretion refers to the gradual increase of land through natural causes, such as the deposit of soil by a river. Adverse possession or prescription is the acquisition of property by occupying it openly and without permission for a certain period of time. Private grant or voluntary transfer involves the transfer of ownership through a voluntary agreement between parties.Rate this question:
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- 9.
Possession of land for required number of years and assertion of ownership through an interrupted actual possession of property within the period of time prescribed by law:
- A.
Adverse possession
- B.
Prescription
- C.
Accretion
- D.
None of the above
Correct Answer
B. PrescriptionExplanation
Prescription is the correct answer because it refers to the legal concept of acquiring ownership of a property through continuous and uninterrupted possession for a certain period of time. This possession must be open, notorious, and hostile to the rights of the true owner. By meeting these requirements, the possessor can claim adverse possession and gain legal ownership of the property.Rate this question:
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- 10.
Refers to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community:
- A.
Indigenous Peoples
- B.
Ancestral Peoples
- C.
Native Peoples
- D.
None of the above
Correct Answer
A. Indigenous PeoplesExplanation
The term "Indigenous Peoples" refers to a specific group of people or societies who identify themselves as such and are also recognized as such by others. These individuals or communities have a long history of living together as an organized community. The term "Indigenous" acknowledges their original or ancestral connection to a particular land or territory. This term is often used to highlight the unique cultural, historical, and social characteristics of these communities and to recognize their rights and contributions. "Ancestral Peoples" and "Native Peoples" may have similar connotations, but they do not specifically capture the continuous and organized community aspect that is inherent in the term "Indigenous Peoples."Rate this question:
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- 11.
The public repository of records of instruments affecting registered and unregistered land and chattel mortgage is:
- A.
Registry of Deeds
- B.
HLURB
- C.
Land Registration Authority
- D.
None of the above
Correct Answer
A. Registry of DeedsExplanation
The correct answer is Registry of Deeds. The Registry of Deeds is responsible for maintaining and keeping public records of instruments that affect registered and unregistered land and chattel mortgage. This includes documents such as deeds, mortgages, and other legal instruments that pertain to real estate transactions. The Registry of Deeds serves as a central repository of these records, providing a reliable source of information for individuals and organizations involved in property transactions. The HLURB (Housing and Land Use Regulatory Board) and Land Registration Authority may have related functions, but they do not specifically handle the public repository of records as the Registry of Deeds does.Rate this question:
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- 12.
Refers to a title formally recognizing the right of possession and ownership of Indigenous Peoples over their Ancestral Domains identified and delineated:
- A.
Native Title
- B.
Certificate of Ancestral Domain Title
- C.
Certificate of Ancestral Lands Title
- D.
None of the above
Correct Answer
B. Certificate of Ancestral Domain TitleExplanation
The correct answer is "Certificate of Ancestral Domain Title". This refers to a title that formally recognizes the right of possession and ownership of Indigenous Peoples over their Ancestral Domains, which are identified and delineated areas. This certificate acknowledges and protects the ancestral land rights of Indigenous Peoples, ensuring their cultural heritage and traditional practices are preserved and respected.Rate this question:
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- 13.
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:
- A.
Dacion en Pago (Dation in Payment)
- B.
Tender of Payment
- C.
Consignation
- D.
None of the above
Correct Answer
A. Dacion en Pago (Dation in Payment)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 obligation. This means that instead of providing cash or another form of payment, the debtor transfers ownership of a property or asset to the creditor to fulfill their obligation. This method is accepted by the creditor as an equivalent of the performance of the obligation.Rate this question:
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- 14.
In the mode of acquiring ownership, actual possession of land in opposition to all other claimants is called:
- A.
Accretion
- B.
Prescription
- C.
Adverse possession
- D.
None of the above
Correct Answer
C. Adverse possessionExplanation
Adverse possession refers to the legal concept where a person gains ownership of a property by openly and continuously occupying it for a specified period of time, typically without the permission of the true owner. This means that the person physically possesses the land and excludes all other claimants, asserting their ownership rights. Accretion refers to the gradual increase of land through natural forces, while prescription is the acquisition of rights through the passage of time. Therefore, the correct answer is adverse possession.Rate this question:
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- 15.
Refers to land occupied, possessed and utilized by individuals, families, and clans who are members of Indigenous Peoples:
- A.
Indigenous Lands
- B.
Native Lands
- C.
Ancestral Lands
- D.
None of the above
Correct Answer
C. Ancestral LandsExplanation
Ancestral lands refer to the land that is occupied, possessed, and utilized by individuals, families, and clans who are members of Indigenous Peoples. This term specifically highlights the connection between Indigenous Peoples and their land, emphasizing their historical and cultural ties to the territory. It recognizes their traditional rights and acknowledges their longstanding presence and stewardship over the land. "Indigenous Lands" and "Native Lands" may be similar in meaning, but "Ancestral Lands" specifically emphasizes the ancestral connection and historical continuity of Indigenous Peoples to the land.Rate this question:
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- 16.
Refers to a title formally recognizing the rights of Indigenous Peoples over their Ancestral Lands:
- A.
Certificate of Ancestral lands Title
- B.
Native Title
- C.
Certificate of Ancestral Domain Title
- D.
None of the above
Correct Answer
A. Certificate of Ancestral lands TitleExplanation
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 land. This title provides protection and ensures the preservation of Indigenous rights and traditions.Rate this question:
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- 17.
Which below to be effected when foreign ownership exceeds 40%?
- A.
Foreign corporation lose its capacity to hold the private land
- B.
Foreign corporation will be granted temporary rights such as a lease contract
- C.
A and b
- D.
None of the above
Correct Answer
C. A and bExplanation
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.Rate this question:
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- 18.
Persons who cannot acquire by purchase because of fiduciary relationship:
- A.
Guardian
- B.
Agents
- C.
Executors and administrators
- D.
Public Officers and employees
- E.
All of the above
Correct Answer
E. All of the aboveExplanation
The correct answer is "All of the above". This means that all of the mentioned persons (guardian, agents, executors and administrators, public officers and employees) cannot acquire something by purchase due to their fiduciary relationship. Fiduciary relationships involve a high level of trust and responsibility, and these individuals are expected to act in the best interest of others rather than their own personal gain. Therefore, they are restricted from acquiring assets or property through purchase to avoid conflicts of interest or potential abuse of their positions.Rate this question:
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- 19.
Refers to all areas generally belonging to Indigenous Peoples comprising lands, inland waters, coastal areas, and natural resources:
- A.
Ancestral Lands
- B.
Ancestral Domains
- C.
Indigenous Cultural Domains
- D.
None of the above
Correct Answer
B. Ancestral DomainsExplanation
Ancestral Domains refers to all areas generally belonging to Indigenous Peoples comprising lands, inland waters, coastal areas, and natural resources. This term recognizes the historical and cultural connection of Indigenous Peoples to their traditional territories. It acknowledges their rights and ownership over these areas, including the resources within them. Ancestral Domains are important for the preservation of Indigenous cultures, traditions, and ways of life, as well as for the sustainable management of natural resources.Rate this question:
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- 20.
The manifestation of the debtor to the creditor of his decision to comply immediately with his obligation:
- A.
Dacion en Pago (Dation in Payment)
- B.
Tender of Payment
- C.
Consignation
- D.
None of the above
Correct Answer
B. Tender of PaymentExplanation
Tender of payment refers to the act of offering payment to the creditor as a manifestation of the debtor's intention to fulfill their obligation immediately. This means that the debtor is ready and willing to pay the amount owed to the creditor. It is an essential step in the payment process and demonstrates the debtor's commitment to meeting their financial responsibilities. Dacion en Pago and Consignation are different legal concepts that do not directly relate to the debtor's manifestation of compliance with their obligation. Therefore, the correct answer is Tender of Payment.Rate this question:
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- 21.
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:
- A.
Caveat Venditor
- B.
Caveat Emptor
- C.
Adverse claim
- D.
None of the above
Correct Answer
B. Caveat EmptorExplanation
Caveat Emptor is the correct answer because it refers to the principle in commerce that the buyer is responsible for verifying the quality and suitability of a product or service before making a purchase. It implies that the purchaser should be cautious and aware of any potential risks or flaws associated with the vendor's title or ownership of the item being sold.Rate this question:
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- 22.
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:
- A.
Caveat Venditor
- B.
Caveat Emptor
- C.
Adverse claim
- D.
None of the above
Correct Answer
C. Adverse claimExplanation
An adverse claim is a notice to a third person that someone is claiming an interest in a property or has a better right than the registered owner. This means that there is a dispute or conflicting claim regarding the ownership or rights to the property. It serves as a warning to potential buyers or anyone dealing with the property that there may be a legal issue or competing interest that needs to be resolved.Rate this question:
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- 23.
The vendor is liable to the vendee for any hidden faults or defects in the thing sold is called:
- A.
Caveat Venditor
- B.
Caveat Emptor
- C.
Adverse claim
- D.
None of the above
Correct Answer
B. Caveat EmptorExplanation
Caveat Emptor is the correct answer because it refers to the principle that the buyer is responsible for examining and assessing the quality and condition of the product before making a purchase. In this case, the statement suggests that the vendor is not liable for any hidden faults or defects in the thing sold, placing the responsibility on the buyer to be cautious and aware of any potential issues.Rate this question:
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- 24.
After the lapse of said period, the annotation of adverse claim may be cancelled upon filing of a:
- A.
Appeal
- B.
Plea
- C.
Verified petition
- D.
None of the above
Correct Answer
C. Verified petitionExplanation
A verified petition is the appropriate legal document to file in order to cancel the annotation of an adverse claim after the specified period has passed. This petition would need to provide evidence and arguments to support the request for cancellation. An appeal or plea would not be the correct course of action in this situation.Rate this question:
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- 25.
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:
- A.
Notice of Lis Pendens
- B.
Notice of lawsuit
- C.
Caveat
- D.
None of the above
Correct Answer
A. Notice of Lis PendensExplanation
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 lenders that a property is involved in a pending lawsuit. It serves as a warning that anyone dealing with the property does so at their own risk, as the outcome of the lawsuit could affect the property's ownership or value. This notice is commonly used in real estate transactions to protect the rights of parties involved in the lawsuit and to prevent any unauthorized transfers of the property.Rate this question:
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- 26.
Purchaser of the thing leased can terminate the lease except in the following conditions:
- A.
Lease is recorded in the Registry of Deeds
- B.
There is stipulation in the contract of sale that purchaser shall respect the lease
- C.
Purchaser knows the existence of the lease
- D.
A and b
Correct Answer
D. A and bExplanation
The correct answer is "a and b". This means that the purchaser of the thing leased can only terminate the lease if it 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. If neither of these conditions are met, the lease cannot be terminated by the purchaser.Rate this question:
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- 27.
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:
- A.
Perpetual Lease
- B.
Sublease
- C.
Long term lease
- D.
None of the above
Correct Answer
A. Perpetual LeaseExplanation
A perpetual lease is a 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 in rent. This type of lease does not have a specific end date or term, and the lessee can remain in the premises as long as they comply with the payment obligations. It provides the lessee with flexibility and the ability to stay in the premises for as long as they desire, as long as they can afford to do so.Rate this question:
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- 28.
Choose which are the characteristics of a mortgage contract:
- A.
Real
- B.
Accessory
- C.
Subsidiary
- D.
Unilateral
- E.
All of the above
Correct Answer
E. All of the aboveExplanation
The characteristics of a mortgage contract include being real, accessory, subsidiary, and unilateral. A real contract refers to a contract that involves the transfer of a real property as collateral. An accessory contract means that the mortgage is dependent on the existence of a principal obligation, such as a loan. A subsidiary contract indicates that the mortgage is a secondary obligation, meaning it is dependent on the primary obligation being fulfilled. Lastly, a unilateral contract implies that only one party, the borrower, is bound by the terms of the contract. Therefore, all of the given characteristics apply to a mortgage contract.Rate this question:
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- 29.
Select which are the obligations of a lessor:
- A.
To deliver the property in a good condition as to render it fit for the use intended
- B.
To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of contract
- C.
To make on the property during the lease all the necessary repairs in order to keep it suitable to use
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
The obligations of a lessor include delivering the property in a good condition for the intended use, ensuring the lessee can peacefully and adequately enjoy the lease throughout its duration, and making necessary repairs to keep the property suitable for use. Therefore, the correct answer is "All of the above."Rate this question:
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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:
- A.
Pactum Non Aliendo
- B.
Pactum Commissorium
- C.
Pactum de Aliendo
- D.
None of the above
Correct Answer
B. Pactum CommissoriumExplanation
Pactum Commissorium refers to a stipulation in a mortgage agreement where the mortgaged property automatically becomes the property of the creditor if the debtor fails to repay the debt within the agreed-upon timeframe. This means that if the debtor defaults on the loan, the creditor has the right to take ownership of the property without going through a separate legal process. This clause provides a strong guarantee for the creditor's security in case of non-payment.Rate this question:
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- 31.
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:
- A.
Voluntary
- B.
Legal
- C.
Equitable
- D.
None of the above
Correct Answer
C. EquitableExplanation
Equitable is the correct answer because an equitable mortgage refers to a mortgage where the intention of the parties involved is to use the property as security for a debt. This type of mortgage is based on the principle of fairness and is recognized in equity rather than under common law. It is different from a legal mortgage, which requires the borrower to transfer legal ownership of the property to the lender.Rate this question:
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- 32.
What kind of real estate mortgage that means one is required by law to be executed in favor of certain persons:
- A.
Voluntary
- B.
Legal
- C.
Equitable
- D.
None of the above
Correct Answer
C. EquitableExplanation
An equitable mortgage is a type of real estate mortgage that is required by law to be executed in favor of certain persons. Unlike a voluntary mortgage, which is entered into willingly by the parties involved, an equitable mortgage is imposed by the law to protect the rights and interests of specific individuals. This type of mortgage is typically used in situations where there is a legal obligation or requirement for the mortgage to be established in favor of certain individuals, such as in the case of a trust or a court order.Rate this question:
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- 33.
A stipulation forbidding the owner from alienating the immovable mortgage:
- A.
Pactum Non Aliendo
- B.
Pactum Commissorium
- C.
Pactum de Aliendo
- D.
None of the above
Correct Answer
A. Pactum Non AliendoExplanation
Pactum Non Aliendo is a Latin phrase that translates to "agreement not to alienate." This refers to a stipulation in a mortgage contract that prohibits the owner from transferring or selling the mortgaged property without the lender's consent. This clause is included to protect the lender's interests and ensure that the property remains as collateral until the mortgage is fully paid off.Rate this question:
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- 34.
Select which are the obligations of a lessee:
- A.
To pay the price of the lease
- B.
To stipulate or make an agreements
- C.
To pay the expenses for the deed of the lease
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
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. These responsibilities are typically outlined in the lease agreement and must be fulfilled by the lessee throughout the duration of the lease contract.Rate this question:
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- 35.
Real Estate mortgage special requisites covers:
- A.
Immovable property
- B.
Alienable real rights imposed upon immovable
- C.
A and b
- D.
None of the above
Correct Answer
C. A and bExplanation
Real Estate mortgage special requisites cover immovable property as well as alienable real rights imposed upon immovable property. This means that the special requisites apply to both the physical property itself and any legal rights or restrictions associated with it.Rate this question:
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- 36.
Select which kinds of real estate mortgage under the law:
- A.
Voluntary
- B.
Legal
- C.
Equitable
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
Under the law, there are three types of real estate mortgages: voluntary, legal, and equitable. Voluntary mortgages are created by the borrower's consent, legal mortgages are created by operation of law, and equitable mortgages arise from an agreement or understanding between the parties involved. Therefore, all three types of real estate mortgages are recognized and valid under the law.Rate this question:
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- 37.
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:
- A.
Principle of Infiltration
- B.
Extra-Judicial Settlement of Estate
- C.
Will
- D.
Declaration of Ownership
- E.
Affidavit of Adjudication
Correct Answer
E. Affidavit of AdjudicationExplanation
When the deceased registered owner is survived as a sole heir, the estate of the former can be transferred to the latter with the execution of a document known as an Affidavit of Adjudication. This document serves as a legal proof of the transfer of ownership from the deceased owner to the sole heir. It is a commonly used method to transfer property or assets when there is no dispute or need for a formal court process.Rate this question:
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- 38.
In the absence of a prenuptial agreement, the following are excluded from the community property except:
- A.
Gratuitous title by other spouse; unless otherwise provided by donor
- B.
Fruits as well as income of properties mentioned in choice (a); unless otherwise provided by donor
- C.
Property for personal and exclusive use of either spouse
- D.
Jewelry for personal and exclusive use of either spouse
- E.
Property acquired before the marriage and the fruits as well as the income, if any of such property
Correct Answer
D. Jewelry for personal and exclusive use of either spouseExplanation
In the absence of a prenuptial agreement, all the options listed are excluded from the community property except for jewelry for personal and exclusive use of either spouse. This means that all other options, such as gratuitous title by the other spouse, fruits and income of certain properties, property for personal use, and property acquired before the marriage and its income, are considered community property. However, jewelry specifically designated for personal and exclusive use by either spouse is not included in the community property.Rate this question:
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- 39.
Donation of a property is void when:
- A.
The donor stipulates that the property shall not be occupied by the donee until after the donor’s death
- B.
The donor is donating to his mistress who has been charged and found guilty of adultery
- C.
The donor stipulates that the done give fruits of the land for one year to his siblings
- D.
The donor stipulates that the donation shall take effects only upon his death
- E.
All of the above
Correct Answer
B. The donor is donating to his mistress who has been charged and found guilty of adulteryExplanation
The donation of a property is void when the donor is donating to his mistress who has been charged and found guilty of adultery. This is because the law generally does not support or enforce contracts or transactions that involve illegal activities or immoral behavior. Adultery is considered a violation of moral values and social norms, and therefore, any donation made to someone involved in such activities would be deemed void.Rate this question:
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- 40.
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:
- A.
4.5/9
- B.
5.5/9
- C.
1/9
- D.
1/ 4.5
- E.
3.25/9
Correct Answer
B. 5.5/9Explanation
The surviving spouse's functional share in the new title would be 5.5/9. This means that out of the total assets or property left by the decedent, the surviving spouse would be entitled to 5.5 parts out of 9 parts. This share is based on the number of legitimate children and illegitimate children left by the descendant.Rate this question:
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- 41.
Property exclusively owned by the husband is called:
- A.
Chattel
- B.
Paraphernal property
- C.
Accession
- D.
Capital property
Correct Answer
D. Capital propertyExplanation
Capital property refers to assets or property that is owned exclusively by the husband. This can include real estate, investments, businesses, and other valuable assets. It is distinguished from paraphernal property, which refers to assets that are owned jointly by both spouses. Chattel refers to movable personal property, and accession refers to the right to increase or add to property.Rate this question:
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- 42.
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?
- A.
Heirs
- B.
Any person who might have been unduly deprived of his participation in the estate of the deceased
- C.
The Parents of the deceased
- D.
Creditors
Correct Answer
C. The Parents of the deceasedExplanation
According to the annotation of Section 4, Rule 74 of the Rules of Court, the property of a deceased person, a surviving spouse and children, is subject to the rights of heirs, any person who might have been unduly deprived of his participation in the estate of the deceased, and creditors. However, the parents of the deceased do not have the right to the subject property.Rate this question:
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- 43.
When a property owner dies without any heirs to inherit, which of the following inherit powers of the state is applied on the property:
- A.
Expropriation
- B.
Escheat
- C.
Eminent domain
- D.
Taxation
Correct Answer
B. EscheatExplanation
Escheat is the correct answer because it refers to the legal process by which the state takes ownership of property when the owner dies without any heirs. This ensures that the property does not remain unclaimed or abandoned. Escheat allows the state to redistribute the property or use it for public purposes. Expropriation, eminent domain, and taxation are not applicable in this scenario as they involve different circumstances and purposes.Rate this question:
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- 44.
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:
- A.
Absolute community
- B.
Conjugal partnership
- C.
Absolute separation
- D.
Agent
Correct Answer
D. Agent -
- 45.
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?
- A.
Absolute community property
- B.
Conjugal partnership of gains
- C.
Separation of property
- D.
Exclusive property
Correct Answer
C. Separation of propertyExplanation
Based on the information provided, 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 their assets and liabilities will remain separate throughout the duration of their marriage. Each spouse will have exclusive ownership and control over their own properties, and they will not be liable for each other's debts. Therefore, the correct answer is separation of property.Rate this question:
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- 46.
Spouses who were married after the effectivity of the family code without any pre-nuptial agreement shall be governed by:
- A.
Conjugal partnership of gains
- B.
Partial community property
- C.
Partnership
- D.
Absolute separation of property
- E.
Absolute community of property
Correct Answer
E. Absolute community of propertyExplanation
When spouses are married after the effectivity of the family code without any pre-nuptial agreement, they are governed by the system of absolute community of property. This means that all assets and properties acquired by either spouse during the marriage belong to the community and are jointly owned by both spouses. Each spouse also shares equal ownership of any debts or liabilities incurred during the marriage. This system promotes the principle of unity and equal sharing of resources between spouses.Rate this question:
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- 47.
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?
- A.
Exclusive property
- B.
Community property
- C.
Conjugal property
- D.
Separate property
- E.
Common property
Correct Answer
B. Community propertyExplanation
When Mr. Villanueva got married without a marriage settlement, the nature of the property he inherited changed to community property. In community property states, any property acquired during the marriage is considered community property, meaning it is jointly owned by both spouses. Since Mr. Villanueva inherited the land before getting married, it would typically be considered separate property. However, without a marriage settlement specifying otherwise, it becomes community property by default.Rate this question:
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- 48.
What is Legitime?
- A.
An inherited property
- B.
An acknowledged heir
- C.
Reserved property for compulsory heirs
- D.
Child born out of wedlock
- E.
A process of Legimitation
Correct Answer
C. Reserved property for compulsory heirsExplanation
Legitime refers to the portion of an estate that is reserved by law for the compulsory heirs. Compulsory heirs are individuals who are entitled to inherit a portion of the deceased person's estate, regardless of any provisions made in a will. This reserved property ensures that the compulsory heirs receive their rightful share of the estate, even if the deceased person intended to distribute their assets differently.Rate this question:
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- 49.
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?
- A.
The National Government
- B.
An heir in Phil. Law on succession and inheritance
- C.
A humanitarian institution
- D.
The estate of deceased
- E.
A charitable, religious and education institution
Correct Answer
B. An heir in pHil. Law on succession and inheritanceExplanation
The phrase "save in cases of hereditary succession" in Sec. 7, Art. XII (National Economy and patrimony), Phil. Charter refers to an heir in the Philippine Law on succession and inheritance. This means that the transfer of private land is allowed only in cases where it is passed down through hereditary succession, such as when a person inherits the land from a deceased family member. Other types of transferees, such as the National Government, humanitarian institutions, charitable, religious, and educational institutions, are not included in this specific provision.Rate this question:
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- 50.
Husband and wife cannot sell property to each other except when a separation of property is agreed upon in the “ante-nuptial” contract and:
- A.
When their property relationship is one absolute community of property
- B.
When one of the spouses is still a minor
- C.
When there is a pending annulment of their marriage
- D.
When one of the spouses is accused of infidelity
- E.
When there is a judicial separation of property
Correct Answer
E. When there is a judicial separation of propertyExplanation
When there is a judicial separation of property, the court has intervened and ordered the spouses to divide their property. This means that they are legally allowed to sell property to each other as part of the court's decision. In this situation, the normal restriction on selling property to each other does not apply because the court has already determined how the property should be divided.Rate this question:
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Current Version
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Dec 14, 2023Quiz Edited by
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Oct 23, 2014Quiz Created by
Edms2012
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