Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of a radio station verbally attacked the corporation hence, the latter sued him for damages. Is the school entitled to moral damages?
a. ABC Corp. is not entitled to moral damages because it has no nervous system to feel the wounded feelings and besmirched reputation.
b. ABC Corp. is entitled to moral damages because it has a personality that can be maligned, tarnished or demeaned;
c. X, the commentator can interpose the defense of truth.
d. No, because it cannot suffer sleepless nights.
Q. A & B are married. B who was then pregnant by six (6) months was on board a bus going to the office. The vehicle met an accident resulting in injuries to B and death of the fetus. They sued the bus company for damages due to the death of the fetus. Is the company liable?
a. A & B are entitled to an award of compensatory damages in the amount of P50,000.00 for the death of the fetus.
b. A & B can be entitled to an award of moral damages for the death of the fetus.
c. A & B are not entitled to any amount of damages because the fetus has yet to be born in order to die.
d. A & B are entitled to damages because the fetus had life inside the womb of the mother which the constitution and the law protect.
Q. A courted B and promised to marry her. The wedding was set on February 14, 2011 but at the date set for the celebration. A did not appear at the church. B sued A for damages for breach of promise to marry alleging that all preparations have been made and there were so many people who attended their scheduled wedding. She knew however that A was married but still submitted herself to sexual desires of A. Is A liable?
a. A is not liable because mere breach of promise to marry is not an actionable wrong.
b. A is liable because he caused sleepless nights, wounded feelings to B by not appearing at the church.
c. B is not entitled to damages because of mutual lust.
d. B has to bear her own losses.
Q. A raped and killed a minor girl. He was convicted after trial. He can be held liable for exemplary damages. What is the basis?
a. The basis of the award of exemplary damages is found solely in Article 2230, NCC;
b. Exemplary damages can only be awarded if there is more than one (1) aggravating circumstances;
c. Exemplary damages can also be awarded where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender and to set a public example, to serve as deterrent to elders who abuse and corrupt the youth and to protect the latter from sexual abuse.
d. The existence of aggravating circumstances.
Q. A was one of the passengers of a vessel of Sulpicio Lines that sank resulting in the death of hundreds of passengers including A. The heirs of A filed an action for damages praying for compensatory, exemplary, moral damages. The brothers and sisters intervened and prayed for moral damages. Are they correct?
a. Yes, the brothers and sisters of A are entitled to moral damages because of the mental anguish they suffered by reason of A’s death;
b. Yes, the brothers and sisters of A are entitled because the law provides that moral damages may be recovered in the following and analogous cases, they being collateral relatives who are entitled to inherit;
c. No, only the spouse, legitimate and illegitimate descendants and ascendants of A are entitled to an award of moral damages;
d. The brothers and sisters of A are entitled to moral damages because of the injury suffered by them due to the act or omission of Sulpicio which was the proximate cause of A’s death.
Q. A and B are married. They have been in possession of an agricultural land of the public domain as early as 1935. After their death C and D, their heirs inherited the same. Can they register the land?
a. No, because the land forms part of the public domain;
b. Yes, because their predecessors have been in possession continuously, openly, publicly and adversely of an alienable land of the public domain as early as June 12, 1945 thus, converting ipso jure the same to private land;
c. No, because of the Regalian Doctrine;
d. No, because prescription does not lie against the State.
Q. A owns a parcel of land. Through the natural current of the river, there was a gradual increase in the area from 11,000 square meters to 13,000 square meters in a period of 8 years. Can A register the land?
a. No, because it is a public land;
b. No, because he has not acquired it by prescription as the State is not bound by the rules on prescription;
c. Yes, being the riparian owner, he is the owner of the accretion;
d. No, because he has not possessed it for a period of 10 years.
Q. A is the owner of a parcel of land adjoining a river. There is an accretion formed through the natural current of the river. In 1980, his neighbor took possession of the accretion. In 2011, B filed an application for registration. Will the petition prosper?
a. No, because A is the owner being the owner the land to which the accretion is attached;
b. No, because the accretion is a public land;
c. Yes, having acquired it by prescription after 30 years of possession even in bad faith and without title;
d. No, because the title of A is imprescriptible, the accretion being covered by the phrase “more of less.”
Q. A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000 square meters more of less adjoining the river bank. Accretion was formed which has been in the possession of B in 1990, but it was disposed of by the Director of Lands to B in s2010. Is the Director correct?
a. Yes, because the accretion forms part of the alienable land of the public domain;
b. Yes, because of the Regalian Doctrine;
c. No, because it belongs to A, being the riparian owner, hence, a private land;
d. Yes, because of prescription.
Q. A filed an application for confirmation of imperfect or incomplete title over a parcel of land. It was dismissed. Can A re-file the same?
a. No, because of res judicata;
b. Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice;
c. No, because the dismissal means that A has not been able to establish his right, hence, the second application is a fishing expedition;
d. No, because of lack of cause of action.
Q. A filed an application for confirmation of imperfect or incomplete title. B filed an opposition alleging that the land is part of the inalienable lands of the State. Is B correct?
a. Yes, because anyone can invoke the interest of the State;
b. No, because only the State can invoke its interest;
c. Yes, by reason of public policy;
d. Yes, because any Filipino is a real party in interest.
Q. X is a naturalized Filipino. In 1990, he migrated to the USA and embraced American citizenship. In 2010, he returned to the Philippines and asks you whether he can own a residential lot in Manila. What is your advice?
a. Yes, he being a former natural-born citizen, he can own up to 5,000 square meters;
b. No, because only former natural-born citizens can own land in the Philippines up to 5,000 square meters in Manila;
c. Yes, because he has the same rights as a former natural born citizen;
d. Yes, otherwise, there would be a violation of the equal protection clause.
Q. A, an American citizen is married to B, a Filipina. Through the pension and savings of A, they acquired a residential lot in Manila, but it was registered under B’s name. B sold the property to C. Can A seek to recover the property?
a. Yes, because the sale is void as it was done without the consent of A;
b. Yes, because B as trustee, she cannot sell the property;
c. No, because even if the property was acquired with A’s money, he cannot own land in the Philippines;
d. Yes, otherwise B would enrich herself at the expense of A.
Q. In the question above who can file an action to recover the property?
a. A can recover the property because the contract of sale is void;
b. The State by filing a petition for reversion;
c. The State by filing a petition for escheat;
d. No one because the title is valid especially so that B is married to a Filipino.
Q. A and B are compadres. They own two (2) adjacent parcels of land covered by TCT Nos. 1 and 2 respectively where they reside. With the use of fraud, A registered the property of B under his name in 2009. Can B recover the title?
a. No, because one (1) year after the issuance of the title, it became imprescriptible;
b. No, because of the indefeasible nature of the title after one (1) year from its issuance;
c. Yes, because the title of A is void;
d. No, because a void act can be the root of a valid title.