Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. A, the son of X and Y was indebted to B in the amounted of P10M. Should the amount be brought to collation if X and Y paid the same?
a. No, because it is the duty of the parents to support a child;
b. Yes, because it is a donation inter vivos made to A, a compulsory heir, hence, an advance inheritance;
c. No, because A is merely indebted to X and Y;
d. No, because it was not gratuitously given.
Q. X and Y sold a house and lot to their son valued at P10M for only P3M with the condition that it will be delivered after their death. After their death, should the property be brought to collation?
a. Yes, because the contract was not a sale but a donation inter vivos;
b. Yes, because it was a donation mortis causa;
c. No, because it was not acquired by gratuitous title but by onerous title; (Reyes v. CA)
d. Yes, because it was a simulated sale as the price is unusually inadequate.
Q. A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide?
a. It will admit the will to probate because of the doctrine of lex loci celebrationis;
b. It will not admit the will to probate unless probated first in Canada;
c. It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)
d. It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.
Q. The attestation in the will of A omitted to state that the testator signed the pages of the will in the presence of the instrumental witnesses. Can evidence aliunde be admitted to prove such fact in the probate proceeding?
a. Yes, to give due course to the petition for probate;
b. No, because such fact cannot be determined from an examination of the will itself;
c. Yes, because the will of a person is his voice even after his death; (Reyes v. CA)
d. Yes, because the court should give tender care to the will.
Q. Which is not correct in the following statements:
a. Collation is a mere mathematical operation by the addition of the value of donations made by the testator to the value of the hereditary estate;
b. Collation is the return to the hereditary estate of property disposed of by gratuitous title by the testator during his lifetime;
c. One of the purposes of collation is to secure equality among the compulsory heirs in so far as it is possible and to determine the free portion after finding the legitime so that inofficious donations may be reduce
d. (6 Manresa 406)
Q. A lent money to B in 1950 payable in 1951. Despite demand, B failed to pay. In 2011, his daughter who recently became a lawyer sent a demand for payment to B who sent a letter acknowledging the debt and asked for one (1) year to pay but failed to pay within the extended period. A filed a complaint for sum of money. How do you think the court will decide?
a. Dismiss the action due to prescription;
b. Dismiss due to laches;
c. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);
d. Dismiss on the ground of estoppel.
Q. In 1980, during the lifetime of A’s parents he executed a waiver of right over his future inheritance in favor of his brother B. A predeceased his parents. After the death of his parents in 2010, B obtained a title over the whole estate. Can A’s children recover their father’s share?
a. No, because of prescription;
b. No, because of laches;
c. Yes, because laches cannot be set up to resist enforcement of an imprescriptible right, hence the children can vindicate their inheritance despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435);
d. No, because they were not paties to the agreement, hence, they have no personality. (Art. 1397, NCC).
Q. A owes B the amount of P1M. C wrote B that he would take care of the obligation as soon as A had made shipment of copra to the USA. A failed to make the shipment. Is C liable?
a. Yes, because he assumed the obligation voluntarily;
b. No, because he did not assume but merely committed to take care of the debt;
c. No, because the suspensive condition did not happen;
d. Both B and C.
Q. A and B entered into a contract for A to manufacture boxes to be used by B for his export business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated follow-up of the immediate production of the boxes. B filed a complaint for reimbursement of the P2M.
a. The action will not prosper because of lack of demand by B for A to fulfill his obligation;
b. The action will prosper because the follow-up is the equivalent of demand to comply;
c. The action will prosper because in reciprocal obligations rescission is implied in case of non-performance;
d. The action will prosper, otherwise, A will enrich himself at the expense of B.
Q. A and B entered into a compromise agreement dated April 29, 2007 and approved on July 1, 2007. It states that A will pay B the amount of P1M within one (1) year from the execution of the agreement. What is the reckoning point of the one (1) year period?
a. From the approval of the compromise;
b. From the receipt of the judgment based on compromise;
c. From the date of the execution of the compromise;
d. 15 days after receipt of the judgment. (Santos Ventura Hocorma Foundation, Inc. v. Santos, 5 November 2004).
Q. A and B entered into a contract, subject to the condition that in case the Senate will not concur in to the treaty, neither party will be liable. The Senate rejected it. Can A invoke force majeure or fortuitous event as a ground to exempt himself from liability?
a. No, because it is not an act of God;
b. Yes, because of the binding effect of contracts;
c. Yes, because while the non-concurrence is foreseeable, it is beyond their control;
d. Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v. Globe Telecom, Inc. 25 May 2004; Sicam v. Jorge, 8 August 2007).
Q. A borrowed money from Metrobank and executed a mortgage over his house and lot as security. No period has been agreed upon on the date of payment. Before the lapse of ten (10) years, the bank foreclosed the mortgage. Is the bank correct?
a. Yes, because of delay in the payment of the obligation;
b. Yes, otherwise the action to foreclose might prescribe;
c. No, because the proper remedy is for the bank to file an action for the fixing of the perio
d. (Art. 1197, NCC, Pacific Bank v. CA, 5 May 1989);
Q. A lent money to B with a penalty clause providing for 6% per month. In case a suit is filed, what do you think the court will do with the penalty?
a. It will declare it void because it is contrary to law;
b. It will declare it void because it is contrary to public policy;
c. It will reduce the penalty. (Art. 1229, NCC);
d. It will declare the penalty void as it is contrary to morals.
Q. Which of the following is not correct in connection with the requisites of rescission?
a. It must be gratuitous;
b. It must be accepted by the obligor;
c. The obligation must be demandable. (Art. 1270, NCC);
d. It can be unilateral.
Q. A owes money to B evidenced by a PN payable on A’s birthday. When A was celebrating his birthday, B put the PN inside an envelope and delivered it to A. What is the effect of B’s act?
a. Nothing as there was no intention to extinguish the obligation;
b. Nothing as B did not state his intention to condone the obligation;
c. The delivery of the PN implies the renunciation of the action which B had against A; (Art. 1271, NCC)
d. Nothing as condonation must be accepte