Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. When do laws take effect?
a. Upon approval by the President;
b. After 15 days following the publication in the Official Gazette or in a newspaper of general circulation;
c. After 15 days following its posting in the website of Congress considering the advances in science and technology;
d. After 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation and furnishing the UP Law Center with a copy unless it is otherwise provide
Q. In 1986, A, a married woman file a petition for adoption of C which was granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of the Family Code requiring that the husband and wife must jointly adopt and the retroactive provision of the Family Code under Article 256. How do you think the court will decide?
a. It will grant the petition because the law is mandatory with the use of the word “must”;
b. It will grant the petition because of the retroactivity of the law;
c. It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)
d. It will deny the petition because of the doctrine of immutability of judgment.
Q. The President of a foreign country came to visit the Philippines in cognito. While enjoying the beautiful beach in Pagudpud, Ilocos Norte, he as caught in flagrante delicto raping a young girl. If you were a police officer, what would you do?
a. I would arrest him because he is committing a crime;
b. I would arrest him because penal laws are binding upon all those who live or sojourn on Philippine territory;
c. I will not arrest him after identifying himself because of his immunity which is an accepted principle of international law. (Art. 14, NCC)
d. I will arrest him because nobody is above the law.
Q. X and Y executed a contract of lease, which provides as follows: “In the event that the lessee fails to pay on or before the due date of payment herein specified, the contract is deemed automatically terminated” and the lessee can be evicted without need of judicial order. Suppose that Y, the lessee fails to pay the rentals after giving a demand letter, may X, the lessor evict Y immediately?
a. No, because it is a principle in law that a person cannot take the law into his own hands.
b. No, because judicial order is required.
c. Yes, because X, as the owner has a superior right to possess the property.
d. Yes, under the principle of mutuality of contract.
Q. A has in his possession B’s car. He sold it to C without the consent of B, but one day thereafter B sold the same car to B. Who is the owner of the car?
a. B because the sale by A to C is void;
b. C, because A’s title which he acquired from B passed to C by operation of law;
c. B because A could not have sold what he did not own;
d. C because of estoppel.
Q. A & B are married. Out of the inheritance of A in the amount of P10M, they bought a house and lot and registered it under the name of B. State the relationship between A & B?
a. B can claim to be the exclusive owner being the registered owner.
b. B is holding the property for the conjugal partnership since there is a presumption of conjugality of a property acquired by onerous title during the marriage.
c. B is holding the property in trust in favor of A.
d. B can properly contend that the property shall be divided into two(2) upon the dissolution of their marriage.
Q. In 1990, A, B & C purchased a real property but agreed that the same be registered under the name of A. In 2009, B & C asked for partition, but A contended that he was already the exclusive owner more than 20 years on the ground of laches having lapsed since the registration of the property under his name. Is A correct?
a. A is not correct because he is merely a trustee in an express trust.
b. A is not correct because he did not repudiate the trust, it being an express trust.
c. A is correct due to laches, B & C having kept silent for so long.
d. A is correct because one year after the registration of the property, his title became indefeasible.
Q. A is the owner of a parcel of land covered by TCT No. 1. Through an oral agreement between B & A. A agreed that the property be registered under the name of B so that he can use it in securing a loan with Metrobank. When A sought to recover the property from B, the latter refused contending that he was the owner of the same. Is the contention of B correct?
a. B is correct because his ownership is evidenced by a title.
b. B is wrong because he is holding the property merely in trust for A.
c. B is correct because A cannot prove that there is trust considering that the same was not put into a public instrument.
d. A can recover and prove that there was trust even if not in a public instrument because the requirement is merely for purposes of convenience.
Q. With abuse of confidence, A was able to register a real property belonging B in 1990. B discovered it in 2011. Can B file an action to recover his property?
a. Yes, because the title of A is void;
b. Yes, provided that he files an action within four (4) years from the discovery of the act of A;
c. No, because the action has prescribed as 10 years have already passed since the registration of the property;
d. Yes, because there was no act of repudiation of the trust.
Q. Which of the following statements is correct?
a. A verbal trust on immovable is void;
b. Verbal trust on immovable may be proven as the requirement that it be in writing is not for its validity but for purposes of enforceability;
c. Verbal trust on immovable cannot be waive since the law requires it to be in writing which is mandatory;
d. Verbal trust on immovable cannot be proven in court as it is covered by the Statute of Frauds.
Q. A sold a car to B on installment basis secured by a chattel mortgage over the thing and a promissory note co-signed by C. A failed to pay four (4) monthly installments. Under the contract in case of non-payment, the vendor can exercise any of the remedies under Art. 1484, NCC and in case of deficiency, the seller can recover the balance. What is the remedy of A?
a. A can file an action for the foreclosure of the mortgage and recover the unpaid balance because of the contract.
b. A can foreclose the mortgage and recover the unpaid balance because the Chattel Mortgage Law does not prohibit recovery.
c. A can foreclose the mortgage but cannot recover the unpaid balance because it is absolutely prohibited by law.
d. A can foreclose the mortgage and can recover the unpaid balance from C since B & C are solidarily liable.
Q. A entered into a contract of sale over his undivided 1/5 of the estate of his father during the pendency of the intestate proceeding with the condition that the same shall be approved by the intestate court. Is the contract valid?
a. The contract is void because the right is a mere expectancy since the estate has not yet been divided.
b. The contract is valid only if the court approves it.
c. The contract is valid because the condition that it be approved by the court is a mere condition for performance.
d. The contract is void because approval of the court must be obtained before the sale.
Q. A sold a parcel of land covered by TCT No. 9 to B. At the time of the sale, B knew that C has been in possession of the parcel of land as early as 10 years before the sale. B however checked with the Registry of Deeds and found the title to be clean. Is B a buyer in good faith?
a. B is a buyer in good faith because at the time of the sale, the title was clean.
b. B is a buyer in good faith because he merely relied upon the face of the title.
c. B is not a buyer in good faith because he had actual knowledge of facts and circumstances that would impel him to make inquiry into the status of the land due to the presence of C.
d. B is a buyer in good faith because there was no annotation of C’s right if there be any.
Q. A is the owner of a parcel of land. He entered into a contract to sell with B with an obligation to pay the price within one (1) year. B failed to pay. State the effect of non-payment.
a. The contract is rescissible, for failure of B to pay.
b. The contract is void for failure to pay the price.
c. A does not need to perform an act of rescission because the payment of the price is a positive suspensive condition, the happening of which would result in A executing the deed of sale.
d. A can go to court and compel B to pay.
Q. A & B entered into a contract of sale, A, obligating himself to deliver his house and lot to B who obligated himself to pay P2M upon delivery. B has already paid, but A has not delivered the house and lot despite demand. State the remedy of B.
a. B can sue A for rescission of the contract because of breach of contract.
b. B can sue A for rescission because of a material breach.
c. B can sue A for rescission because of lesion.
d. B can sue A for declaration of nullity of the contract.