Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. A & B are married. They put into writing an agreement that they would live separately where they can live with other partners. A went to live with C, his childhood sweetheart, hence, B filed an action for legal separation invoking as ground, sexual infidelity. Will the action prosper?
a. The action will prosper because of the act of A which is a ground under the law.
b. The action will not prosper because of the consent of
c. The action will prosper because the agreement is void as it is contrary to law and morals.
d. The action will prosper because B is bound by the principle of estoppels by dee
Q. In the enumeration below, which is not a ground to dismiss an action for legal separation under the law?
a. Condonation;
b. Mutual guilt;
c. Consent;
d. Death.
Q. A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper?
a. The action will not prosper because B did not file a criminal case for frustrated parricide.
b. The action will not prosper because there is a need for conviction of A for the crime committed.
c. The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence.
d. The action will not prosper because the act was a frustrated act of parricide, not attempted parricide.
Q. A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage?
a. They can enter into a contract changing their property relationship and from its perfection, they would be bound by another property regime.
b. They can enter into a contract to change their property regime and it binds them due to the principle of liberty of contracts.
c. They can enter into a contract changing their property regime but must file a petition in court for its approval.
d. They can enter into a contract changing the property relationship and be bound thereby because of the principle of mutuality of contracts.
Q. A & B are married but due to conflicts, A left the conjugal dwelling and went to live with C, one of his children. Despite B’s pleas, A refused to return to the conjugal dwelling. Can B file an action to compel A to return?
a. B can file an action to compel A to return to the conjugal dwelling because it is A’s duty to live with her.
b. B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act.
c. B can sue A for him to return to the conjugal dwelling because the law mandates him to live with her.
d. B can file a petition for habeas corpus citing her children as respondents for them to produce the body of their father in court for the court to order A to return to the conjugal dwelling.
Q. A & B, lived together as husband and wife while A is legally married with children. They acquired properties in their coverture. After the death of A, where will his share go?
a. His share of ½ of the properties shall go to the conjugal partnership in his marriage with A.
b. His share shall go to his children with A.
c. His share shall go to his children with his wife.
d. All the properties acquired in their coverture shall go to the conjugal partnership of his legally wedded relationship.
Q. A & B are married. A became a member of the US Armed Forces but when he came back to the Philippines he found out that his wife was cohabiting with his brother. When he went back to the USA, he divorced B; then got married to C. He died and in the petition for settlement of his estate, B contended that she is entitled to inherit. Is B correct?
a. B is correct because of the original relationship between A & B.
b. B is not correct because what governs the successional rights of A is his national law.
c. B is correct because in Philippine law as A is only an American citizen from the point of view of USA law.
d. B is correct because she acquired a vested right when they got marrie
Q. If homosexuality is concealed, it is a ground for:
a. Annulment of marriage;
b. Legal separation;
c. Declaration of nullity of marriage;
d. The other spouse to live separately from the other.
Q. If a person who has been declared psychologically incapacitated, can he get married again?
a. No, because it is a permanent incapacity.
b. Yes, because the incapacity is merely partial.
c. No, because he cannot give his consent due to mental psychoses.
d. No, because he cannot comply with the essential duties to the marriage bon
Q. A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who are liable?
a. The parents of D can sue A & B for damages because they still had custody, instruction and supervision over C at the time of the incident.
b. The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.
c. The parents of D can sue A & B, X & Y for damages who are solidarily liable.
d. The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustaine
Q. May the status of a child be the subject of a compromise or contract?
a. Yes, provided it is freely agreed upon.
b. Yes, because of the principle of mutuality of contracts;
c. No, because of public policy as paternity and filiation must be judicially established;
d. Yes, because it can be left to the will of the parties.
Q. How much of their properties may the future spouses donate to one another?
a. 100%
b. 50%
c. 20%
d. 25%
Q. Is the prohibition against the spouses donating to one another during the marriage absolute?
a. Yes, because it is contrary to law;
b. Yes, because it is contrary to public policy;
c. No, because they can give to one another gifts during the marriage within their capacity to purchase.
d. Yes, because there might be under influence by one against the other.
Q. A and B had amorous relationship resulting in the birth of C. B filed a claim for temporary support of her unacknowledged child which she sought in an action for the issuance of temporary protection order against A. Is the remedy proper?
a. Yes, as an incident of the action for temporary protection order due to child abuse under RA 9262;
b. Yes, because it is the duty of father to support the child;
c. No, the remedy is to file an action for compulsory recognition to establish filiation;
d. Yes, to be fair to the child who never asked to be born.