Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. May a person file an application for registration of a part of the reclamation undertaken by a local governmental unit?
a. Yes, because it is an alienable land;
b. Yes, because it is a private land;
c. No, because reclaimed lands of the public domain may only be leased not sold to private parties as they retain their inherent potential as areas for public use or public service. (Chavez v. Public Estates Authority, 384 SCRA 152);
d. Yes, because a local government unit is vested with a juridical capacity to enter into contracts.
Q. If a parcel of land sought to be registered is located in two (2) provinces, where should the case be filed?
a. In both provinces;
b. If declared for taxation purposes in one (1), then in that province;
c. If the boundary has already been determined and there are now plans for the two (2) provinces, then file the same in each of the provinces;
d. If the land has been declared for taxation purposes in one province, then, file it in the said province even if the boundary has not yet been determine. (Note: The boundary should have been determine)
Q. In an application for land registration, there was an opposition. Can the oppositor pray for affirmative relief that he be declared the owner?
a. No, because he was not an applicant;
b. Yes, provided he can adduce evidence to prove his interest. (City of Manila v. Lock, 19 Phil 324)
c. No, because there was no publication which is mandatory;
d. No, otherwise there would be violation of the due process clause.
Q. Within what time should a decree of registration be reopened?
a. Within four (4) years from the issuance of the decree of registration;
b. Within 30 days from receipt of the decree;
c. Within one (1) year from the issuance of the decree of registration; (Lopez v. Padilla, 45 SCRA 44; Eland Phils. In v. Garcia, et al., G.R. No. 173289, February 17, 2010);
d. Imprescriptible.
Q. What is the ground for the reopening of a decree of registration?
a. Intrinsic fraud;
b. Newly discovered evidence;
c. Actual fraud (Eland Phils. In v. Garcia);
d. Mistake.
Q. If the homesteader sells the property before the lapse of the 5-year prohibition, what is the nature of the contract?
a. Voidable
b. Void by reason of public policy
c. Unenforceable
d. Rescissible
Q. Of the enumeration below, which is not a remedy of the mortgagee in case the mortgagor dies?
a. File a claim against the estate;
b. Abandon the security and file a claim against the estate;
c. Foreclose the mortgage and ask for deficiency in the testate or intestate proceeding;
d. Rely exclusively upon the mortgage and foreclose the same.
Q. A and B both Filipinos, are married. They bought a property but not covered by a title. They migrated to the USA and became American citizens. When they came back for vacation, they filed a petition for registration of the land. Will the petition prosper?
a. No, because they are now disqualified to own being aliens;
b. Yes, because it is just a confirmation of imperfect or incomplete title;
c. No, by reason public policy, that land in the Philippines is reserved for the Filipinos;
d. No, in fact the State can even file an escheat proceeding.
Q. A is both a Chinese and a Japanese. While in Manila he died leaving properties in the Philippines. Before he died, he was a domicile of Japan. How should Philippine courts adjudicate the successional right to his estate?
a. In accordance with Chinese law because of the nationality theory;
b. In accordance with Japanese law because of the nationality theory;
c. In accordance with the domiciliary law;
d. In accordance with both laws considering that the Philippines is a third State.
Q. A, an American citizen and a resident of Canada executed a will in Japan. Which among the following is not correct if the will is submitted to probate in the Philippines?
a. It may be made according to the formalities prescribed by American law;
b. It may be made according to the formalities prescribed by Canadian law;
c. It may be made according to the formalities prescribed by Japanese law;
d. It will not be made according to the formalities prescribed by Philippine law.
Q. In the problem above, may his estate located in the Philippines be distributed in conformity with the provision of the said will?
a. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Japanese law;
b. Yes, provided that the provisions conform to the order of succession and the amount of successional rights as regulated by the American law;
c. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Canadian law;
d. Yes, provided that the provisions conform to the order of succession and amount of successional rights as regulated by Philippine law.
Q. Who among those enumerated is not a beneficiary of a family home?
a. Spouses;
b. Parents of the spouses;
c. Children, legitimate or illegitimate;
d. Overseer.
Q. A and B are married with a son C who is 19 years old and living in their company. A asked C to drive the family car on their way to their province in Ilocos Norte. The car met an accident resulting in the death of D, a pedestrian. Who may be liable for damages?
a. C is solely liable because he has already been emancipated hence, liable for all acts of civil life;
b. A and B because under the law, if a child is 18 and above but below the age of 21 and living in the company of the parents and performs acts or omission causing damage to another, the parents are liable;
c. A, B and C are solidarily liable;
d. A only because he is the head of the family.
Q. A and B are married. They are governed by the conjugal partnership of gains. A, the Executive Vice-President of ABC Corp. signed as a surety in a loan secured by the company from Metrobank for the rehabilitation of the company. As business was good after rehabilitation, A was given a house and lot, a brand new caw and raise in his salary. The company was sued due to its failure to pay the loan. Are the properties of A and B liable?
a. Yes, because the liability of the surety is primary and principal;
b. Yes, because the obligation contracted by A was done during the marriage;
c. No, because a surety undertaking did not at all redound to the benefit of the family;
d. Yes, because the obligation contracted by A redounded to the benefit of the family.
Q. A and B are married. They have two (2) legitimate children. After A died, the heirs acquired properties from A’s estate. B got married to C, without liquidating their conjugal partnership. What property relationship governs them?
a. Absolute community of property regime if there is no marriage settlement;
b. Conjugal partnership if there is an agreement;
c. Absolute immunity of property regime if there is an agreement;
d. Mandatory complete separation of property regime.