Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. A is the owner of a parcel of land, which is a part of a subdivision property being developed by XYZ Corporation. His lot is adjacent to the road belonging to ABC Corporation hence, he used to pass through the road going to the national highway. In 2009, ABC Corporation constructed a fence on its property, thus closing the road. Can A demand the reopening of the road?
a. A can demand for the reopening of the road because he acquired the right to use it by prescription.
b. A can demand for the reopening of the road because it is the nearest to the highway.
c. A cannot demand for the reopening of the road because there is an adequate road of the subdivision belonging to XYZ Corporation.
d. A can demand for the reopening of the road because the roads of the subdivision of XYZ Corp. where his lot is located are not yet fully developed, hence, it is very inconvenient for him to pass thru the same.
Q. What is the test in determining whether a person may demand an easement of right of way?
a. Least prejudicial to the servient estate and the shortest distance to the highway.
b. Most prejudicial to the servient estate but shortest distance to the highway.
c. Creation of another way which is shortest to the highway and closing the previous right of way.
d. Total inadequacy.
Q. A donated a property to B, but the property is surrounded by A’s property. What is the right of B?
a. Ask A for right of way without indemnity.
b. Ask A for right of way with indemnity.
c. Ask A to donate another property for B’s right of way.
d. Sue A for a right of way without indemnity.
Q. In the establishment of an easement of right of way which is likened to the exercise of the power of eminent domain, the owner can validly contend that the compensation due the owner should be computed based on the
a. Value when the road was constructed
b. Date of filing the action in court
c. Date of the judgment
d. Value of the land and the amount of damage caused to the servient estate.
Q. The following can be considered as the rationale behind reserva troncal, except:
a. To reserve certain property in favor of certain relatives;
b. To maintain as absolutely as possible, with respect to the property to which it refers, a separation between the paternal and maternal lines, so that property of one line may not pass to the other, or through them to strangers;
c. To prevent persons outside of a family from securing, by some accident of life, property that would otherwise remain therein;
d. To show solidarity of the family.
Q. In relation to reserva troncal, the following statements are correct, except:
a. The reservista can sell the property, but subject to resolutory condition;
b. The reservatarios may rescind the contract of sale by the reservista upon the death of the reservista;
c. The reservista can sell because he acquires ownership of the reservable property subject to the resolutory condition that there must exist at the time of his death reservatarios;
d. The reservista can execute a will to dispose of the property subject of reserve to his own relatives.
Q. A executed a last will and testament instituting his parents, brothers and sisters. He did not institute his wife. Is the will valid is he did not institute his wife?
a. The will is valid because it is A’s prerogative as to the persons whom he wishes to institute because a will is an act whereby a person is given the right to control to a certain degree the disposition of his estate to take effect after his death.
b. The will is valid because the wife is not an heir in direct line, hence there is no preterition.
c. The will is void because the wife is a compulsory heir of A.
d. The will is valid, anyway, the wife has a share in the conjugal partnership.
Q. One of the four (4) witnesses in the will of A is the notary public. Is the will valid?
a. The will is valid because the signature of the notary public is a mere surplusage.
b. The will us void because the notary public cannot subscribe before himself.
c. The will is valid because there is substantial compliance with the requirements of a will.
d. The will is valid especially so that the law must give tender care to the will because it is the voice of the testator even after his death.
Q. In cases of reserve troncal, the reservista can sell the property subject of reserva. True or false?
a. True, but subject to resolutory condition, hence, can rescind the conrtact;
b. False, because he/she is not the owner as he holds the property merely in trust for the reservatarios.
c. True, because having a title over it, the buyer can just rely upon the title under the mirror doctrine.
d. True, because from the moment of death of the descendant propositus, the reservista acquired ownership over the property subject of reserva.
Q. A & B are married. They have children, C & D. C is married to X and they have children, Y & Z. D is married to S and they have children, T & U. He has likewise an illegitimate child, V. Before A died he executed a will instituting his heirs including V. Can V inherit from A considering that he is an illegitimate child of D?
a. V cannot inherit because he is an illegitimate child of D.
b. V cannot inherit despite his institution because of the barrier between the legitimates and the illegitimates.
c. V can inherit because the iron curtain applies only in cases of intestacy.
d. V can inherit because the will of A is an act whereby he is given the right to determine his heirs.
Q. A executed a will with B, C & D as witnesses. At the time of the subscription by A, C & D on each and every page of the will, B was outside the room with an open door. Is the will valid?
a. The will is void because it was not subscribed in his presence.
b. The will is valid because the phrase “in the presence” does not mean actual seeing but mere opportunity to have witnessed and seen the signing.
c. The will is valid because there is substantial compliance with the law.
d. The will is void because it requires the presence of the witnesses to prevent fraud, in the execution of the will and to protect the integrity of the will.
Q. X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?
a. Yes, because the probate of a will is imprescriptible as it is mandated by public policy.
b. No more because it has already prescribed.
c. Yes because they cannot extrajudicially settle the estate due to the existence of a will.
d. No more because of laches.
Q. A executed a will instituting his heirs and X, his illegitimate child whom he recognized. Before his death, he revoked the will. What is the effect of the revocation of the will?
a. The revocation necessarily carries with it the revocation of the recognition of X.
b. The revocation has no effect on X as the will can be used as an authentic writing as proof of filiation.
c. With the revocation of the will, X has yet to go to court and prove filiation with the use of the will.
d. The will has no favorable effect on X because of its revocation and its non-admission to probate.
Q. Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua’s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate.
a. X can still be prosecuted.
b. X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution.
c. The probate of the will is res judicata to the prosecution of X.
d. X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will.
Q. A & B are married. They have children, C & D. C has an illegitimate child, E. A died in 2007 and B, C & D inherited from him. C, specifically inherited a house & lot from A located at Ayala Alabang. C died in 2009. Who can inherit from C?
a. B & D alone can inherit from C.
b. E cannot inherit because there is a barrier between illegitimates and legitimates.
c. E can inherit from C because the iron curtain does not apply to C & E.
d. E cannot inherit considering that the only estate C left was his inheritance from A, hence, the iron curtain still applies.