Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. The following are the characteristics of psychological incapacity, except:
a. Juridical antecedents;
b. Refusal to have sex;
c. Grave;
d. Incurable.
Q. Which of the following statements is correct?
a. A spouse who refuses to live with the other spouse can be declared as one suffering from psychological incapacity;
b. A spouse who spends more time with his friends is suffering from psychological incapacity;
c. A spouse who has a narcissistic personality disorder is suffering from psychological incapacity;
d. A spouse who marries another during the marriages is suffering from psychological incapacity.
Q. What is the remedy of a spouse if the other leaves the conjugal dwelling and refuses to return and lives with the parents?
a. File a petition for habeas corpus;
b. File a complaint for specific performance to compel him/her to return;
c. File a complaint for support;
d. No remedy in court because the act of living together is a mere voluntary act which cannot be compelled by any proceeding in court.
Q. X and Y are married. They have a daughter Z. They are living in the house of Y’s parents, but left the house because of differences with his parents-in-law and his wife due to her refusal to leave the house. He was prevented from visiting his child and the latter was prevented from seeing her father? What is the remedy of X?
a. File a petition for habeas corpus;
b. File a complaint to compel the wife to live with her at a different place;
c. File a complaint for damages;
d. File a complaint for damages de to abuse of right.
Q. A and B are married. A filed an action for declaration of nullity of their marriage on the ground of psychological incapacity. In its judgment, the court decreed that a final decree of nullity shall be issued only after there is partition, distribution of the properties in accordance with Article 147 of the Family Code.
a. The order is correct because the law requires distribution, partition and liquidation of the properties before the decree is issued;
b. The order is not correct because the rules in Article 147, F.C. apply only if the marriage is declared void on the ground of psychological incapacity;
c. The order is correct regardless of whether the marriage was declared void on the ground of psychological incapacity or because it is absolutely void because of a prior marriage
d. none
Q. A and B are married. A, with the use of fraud, sold a parcel of land belonging to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale void?
a. No more because the action has already prescribed;
b. Yes, because the sale is void, hence, the action is imprescriptible; (Fuentes v. Roco, 4-21-10)
c. No, because the 4-year period to file action based on fraud has prescribed;
d. No, because the buyer is a buyer in good faith and for value.
Q. To whom does hidden treasure which is discovered belong?
a. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
b. Hidden treasure belongs to the State because of the Regalian Doctrine in which the full ownership of all natural resources on natural matter than may be found in the bowels of the earth shall belong to the State.
c. Hidden treasure belongs to the person who finds it.
d. Hidden treasure belongs to the State, owner of the land in which it is found and to its finders.
Q. A is the owner of a parcel of land. B, with a gadget to detect hidden treasure and used the instrument to determine if hidden treasure is found in A’s land which proved positive. With A’s consent, B extracted the hidden treasure. Is B entitled to 1/2?
a. No, because he is not a finder by chance due to his intention;
b. No, because he should have found it by sheer luck;
c. Yes, because he is a finder by chance even if he had the intention to look for it as it is enough that he had the intention to look for it;
d. No, he is entitled merely to compensation for his efforts.
Q. Suppose in the problem above, B had a map and A is out of the country. Is he entitled to ½?
a. No, because he is a trespasser;
b. No, because since he has a map, he is not a finder by chance;
c. Yes, since there was no prohibition for him to enter the premises, he is still a finder by chance as he is not a trespasser;
d. No, because by chance means good luck.
Q. A & B entered into a contract of sale over A’s car for P500,000.00. A has to register the car first before payment and delivery. After the registration of the car, A called up B that the car was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay before delivery. B was able to convince the driver to leave the car at his garage and will just deposit the amount with A’s account for fear that the driver might be the subject of a hold-up. Instead of depositing the amount, he sold the car to C. Can A recover the car from C?
a. A cannot recover the car anymore because B has become the owner by virtue of delivery.
b. A can recover the car from C because he was unlawfully deprived.
c. A cannot recover from C because he is a buyer in good faith and for value.
d. A’s only remedy is to file an action for sum of money against B.
Q. A ordered books from Rex Publishing worth P1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books?
a. Rex Publishing can recover the books because it was unlawfully deprived when the check was dishonored.
b. Rex Publishing can file an action for rescission of the contract.
c. Rex Publishing can file an action for sum of money against A, or file criminal cases for violation of BP22 and Art. 315, RPC.
d. Rex Publishing can file an action for declaration of nullity of the contract of sale.
Q. A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D’s act valid and what is the remedy of the brothers?
a. No, because she is a minority co-owner, the decision of the majority prevails;
b. No, because while it is an alteration the consent of the controlling interest is merely required;
c. Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed;
d. No, because it is prejudicial to their common interest.
Q. A, B and C are the co-owners of a parcel of land located in the City of Manila consisting of 90 square meters. A sued B and C for partition. How do you thing the court will decide?
a. It will grant the action since land is basically divisible;
b. It will dismiss because the land is so small;
c. It will dismiss because the land is so small that to divide it will render it useless for the purpose it is intended;
d. It will grant the action otherwise, A, B and C will be deprived of their right to make use of the property.
Q. In the question above, where D refuses to agree, what would be your advice to A, B and C?
a. I would advice them to file a suit to compel her to give consent;
b. I would advice them to sue her for damages;
c. I would advice them to file an action for partition;
d. I would advice them to develop the land and leave a portion equivalent to the share of D.
Q. In the question above, A, B and C agreed to use the amount of P100M left by their parents for the development of the land. D disagreed. Is D’s act correct?
a. No, because it is prejudicial to the interest of the co-ownership;
b. Yes, because the expenditure is not a mere act of administration, but an act of dominion;
c. Yes, because the expenditure is not a mere act of administration but an act of dominion which needs the consent of all;
d. No, because being trustees of one another, they are presumed to act favorably for every co-owner.